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Development Application part 2 of 2 Report and plans MCU12/0201

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Original PDF page 10, section 1. The text section number identifies this passage in the reader.

                                                                                                                           9



               contractors shall be entitled to enter upon the Land and   remove any rubbish or unsightly or untidy

               materials or weeds, and the Buyer shall upon request, pay to the Seller any reasonable costs incurred in
               undertaking such work. If such costs are not paid within 14 days of request, the Buyer shall pay interest
               on such costs at the rate of 15% per annum on daily rests until payment is received in full.

       4.6     Environmental Covenant


               An Environmental Covenant applies to Lots 1 to IS, and 24 to 33. Land governed by the Environmental
               Covenant, including any existing fencing to which it is bound or defined shall not be developed or
               actively used, nor shall the Land be compromised, altered or trafficked in the course of carrying out
               Building Works or any other activities by or on behalf of the Buyer.

               This Deed requires compliance with the Environmental Covenant and applicable Buyers should be aware
               of their obligations according to the Covenant, and the restrictions on development therein.


               Up until the time that all Lots are sold or transferred, the existing fencing may require attention by the
               Seller, access for which shall not be reasonably withheld by the Buyer.

       4.7     Keeping of animals

               No animals other than domestic pets in accordance with Council local laws are permitted. Cats and dogs

               may be kept in purpose-built caged or fenced enclosures that provide safe separation from such animals
               and native fauna.


       4.8     Stormwater management and erosion control


               Infiltration pits are provided on each lot for the purpose of connecting to stormwater outlets. It is the
               Buyer’s responsibility to ensure that the pit is maintained and kept free from the build-up of silt.

               Any movement of silt or soil beyond the property, before, during or after construction shall be removed
               and relocated to the Land by the Buyer.


       4.9     Signage

               No advertisement, sign or hoarding of a commercial nature shall be erected on the Land without the
               Seller’s prior written consent. Consent is given to the erection of a sign by a builder constructing
               improvements on the land as required by law not exceeding 1 square metre.

               The Buyer hereby authorises the Seller to enter upon the Land and remove any signs not in keeping with
               this Covenant.




5.      BUYER TO SECURE SELLER’S APPROVAL


       5.1     Application for Seller’s approval

               Full plans and specifications must be submitted to the Seller for written approval by the Seller or its
               appointed nominee prior to the commencement of any construction works. Normal certification and Local
               Government approval applies thereafter. The Seller takes no responsibility for compliance with either:


                       (i)     Local Government planning requirements, by-laws or the like; or


                       (ii)    Building Codes, Australian Standards of other statutory requirements.

               The Buyer should therefore seek independent advice as to all statutory requirements.


       5.2     Criteria to be applied by Seller


               In striving to meet the Design Objectives, the Seller shall consider all relevant criteria within this Deed in
               considering any application for Building Works.




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