Attachment A to Judgment for 19Aug 2024 (6)

       (c)      The key objective of the Covenant is to ensure the Lot is used in a way that
                provides appropriate bushfire protection for any dwelling on the lot.

4.     OWNER’S OBLIGATIONS

4.1    The Owner shall, unless otherwise agreed in writing by the Council, fully and
       effectively observe and comply with the obligations, to the satisfaction of Council, as
       follows:

      (a)    The Owner must comply with the Condition(s) of the Development Approval that
             established this Covenant.

      (b)    The Owner must comply with the Covenant.

      (c)    The Owner must, at all times, ensure the implementation of the Bushfire
             Management Plan.

      (d)    For the avoidance of doubt, the Covenant only permits the Owner, or any agent
             of the Owner, to clear Native Vegetation within the Covenant Area in accordance
             with the Bushfire Management Plan.

5.     COVENANT RUNS WITH THE LAND

       This Covenant burdens the Lot and runs with the Lot and binds the successors in title
       to the Lot and to any parcel into which that Lot is reconfigured by any means.

6.     REGISTRATION

6.1    The Owner shall do everything necessary at the Owner’s expense to ensure that this
       Covenant is registered against the title to the Lot within one month after the
       execution of this Covenant by Council.

6.2    The Council shall do everything necessary (including executing any documents) to
       give effect to this Covenant.

7.     WAIVER

7.1    No waiver by the Council of any breach by the Owner of any of the provisions of this
       Covenant shall be implied against the Council or be otherwise effective unless it is in
       writing under the hand of the Chief Executive Officer.

7.2    A single or partial exercise or waiver of a right relating to this document will not
       prevent any other exercise of that right or any other right.

8.     LACHES AND DELAY

       No laches or delay by the Council at any time or times in enforcing any of its rights,
       powers and the like under this Covenant prejudice or affect those rights or powers.

9.     SEVERANCE

       If any provision of this Covenant cannot be given effect or full force and effect by
       reason of statutory invalidity that provision shall be severed or read down but so as to
       maintain and uphold so far as possible the remaining provisions of this Covenant.




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