Attachment A to Judgment for 19Aug 2024 (6)

PREAMBLE
The purpose of this Covenant for bushfire protection is to provide a legal agreement
between the Owner and the Noosa Shire Council to ensure that the lot is used in way that
provides appropriate bushfire protection for a dwelling built on the lot.


1.     DEFINITIONS

       “Act” means the Land Title Act 1994.

       “Bushfire Management Plan” means the Bushfire Management Plan referenced in
       the Conditions of the Development Approval titled Bushfire Management Plan
       prepared by Land and Environment Consultants Pty Ltd and approved by Council.

       “Condition” means the provisions applied by Noosa Shire Council to develop the
       Lots.

       “Council” means the Noosa Shire Council, the Covenantee named in Item 3.

       “Covenant” means the terms of this document.

       “Covenant Area” means the area of land under the Covenant as specified in Item 2
       of Form 31.

       “Development Approval” means the approval granted by the Planning and
       Environment Court in matter number D23 of 2022 pursuant to the Planning Act 2016
       in respect of an application for a reconfiguring of lot permit, as amended from time to
       time.

       “Form 31” means the Queensland Land Registry Form 31 Covenant attached.

       “Lot” means each of the Lots described in Item 2 of Form 31.

       “Native Vegetation” has the meaning given in the Planning Act 2016 as amended.

       “Owner” means the Covenantor described in Item 1 of the Form 31 and includes in
       the case of a corporation its successors in title and assigns and in the case of a
       natural person or persons their successors in title and each of their executors,
       administrators and assigns.

2.     COVENANT

       This Covenant is for the purpose of regulating the use of the Lot in a way which
       provides appropriate bushfire protection to any dwelling on the Lot pursuant to
       section 97A(3)(a)(i) of the Land Title Act 1994.

3.     ACKNOWLEDGEMENTS

       The parties acknowledged and agree that:

       (a)    The registration of the Covenant is a condition of a Development Approval;

       (b)    This Covenant is intended to ensure compliance with the relevant
              Condition(s) of the Development Approval that established the requirement
              for the Covenant over this property;




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