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Attachment A to Judgment for 19Aug 2024 (6)
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be registered against the titles of Lots 3, 4, 7 and 8, over the ‘Vegetation Preservation
Covenant’ areas identified on Lot Layout Plan Titling Features RL40 Issue A, pursuant
to Section 97A of the Land Title Act 1994. The covenant document and a survey plan
must be submitted to Council for endorsement prior to lodgement with the relevant titles
authority for registration of title. The covenant document must:
a. incorporate the ‘Land Rehabilitation’ requirements of this Decision Notice;
b. incorporate the ‘maintenance period’ requirements of the Rehabilitation Plan;
c. include Noosa Council as Covenantee;
d. reference Queensland Land Title Registry Standard Terms Document No.
715597513.
51. If a provision included in the covenant document is requisitioned or refused registration
by the relevant titles authority, a substitute provision must be included in the document
which as nearly as practicable addresses the objective sought by the requisitioned or
refused provision. The wording of the substitute provision must be agreed by Council.
52. The Applicant is to provide all prospective purchasers, and landowners, of the affected
lots with a copy of the Rehabilitation Plan and vegetation protection covenant and notify
them of the procedures for implementing the Rehabilitation Plan and vegetation
protection covenant.
53. At the completion of the ‘maintenance period’ in accordance with the Rehabilitation
Plan, the owners of the affected lots, including successive landowners, are responsible
for the ongoing maintenance of the vegetation covenant areas, in accordance with the
terms of the covenant registered against the titles of Lots 3, 4, 7 and 8.
Fauna Management
54. Vegetation must only be removed or disturbed in accordance with the Fauna
Management Plan (or part thereof) prepared by a qualified person * and endorsed
through an Operational Works approval.
*(Refer to Advisory Note)
55. Permanent artificial nesting boxes must be installed within Lot 8 to provide
compensatory habitat for arboreal mammals and hollow dependent avian species. The
installation must include four nest boxes (eg. 1 x glider, 1 x possum and 2 x parrot).
The works must be undertaken in accordance with an Operational Works approval.
Bushfire Management
56. All works must be carried out in accordance with the approved Bushfire Management
Plan prepared by LEC (BMP) and an Operational Works approval. The BMP must be
resubmitted at the time of the first operational works and incorporate a management
plan update period of 5 years from the date of the Development Approval.
57. A copy of the Bushfire Management Plan listed within this Decision Notice must be
provided to the nearest fire authority.
58. Prior to sealing of the plan of survey, certification must be submitted to Council from a
qualified person * which certifies that the development has been constructed in
accordance with the bushfire management conditions of this Decision Notice.
*(Refer advisory Note)
59. The Applicant is to notify all prospective purchasers of the proposed lots that the site is
subject to bushfire hazard and provide them with a copy of the BMP, with particular
reference to:
8
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