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

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                       (iv)    Ablution facilities complying with Local Government requirements are to be provided for
                               the duration of all Building Works;


                       (v)     No dogs are brought onto the Homesites during Building Works; and


                       (vi)    All other environmental control measures are adopted and carried out in accordance with
                               the Environmental Management Plan 2 that forms part of the Development Approval.


               The Buyer will be invoiced for any rectification works required from breaches of these conditions.


       6.4     Builders’ signs


               Builders’ signage is to be restricted to one sign per Lot, for identification purposes only and shall not
               exceed a gross area of 1.5 square metres without the written authority of the Seller.


       6.5     Sediment and erosion control


               Erosion control measures are to be established and maintained during Building Works. The Buyer is to
               ensure that all contractors are referred to Environmental   Management Plan 2.



7.     INSPECTION OF BUILDING WORKS


       7.1     Buyer to give notice upon completion

               Upon the completion of Building Works the Buyer shall give notice of completion to the Seller in order
               that the Seller may inspect and endorse the completed Building Works as having met the criteria assessed
               and consistent with Approval.


       7.2     Seller to inspect the Building Works


               Within fourteen (14)days of receipt of a notice of completion, the Seller shall inspect the Building Works
               and determine whether the completed work is in accordance with the Approval, and shall advise the
               Buyer within three (3)working days whether the completed work is Approved Building Work. Within
               seven (7)days of the inspection the Seller shall issue to the Buyer a written statement detailing any non-

               compliance with this Deed.

       7.3     Buyer to rectify non-compliance

               Any non-compliance noted by the Seller shall be rectified within thirty (30)days of the Buyer’s receipt of
               such written notice, or such longer period as may be permitted by the Seller. Upon rectification of any
               non-compliance(s) the provisions of7.1 shall apply.

               Should any rectification works fail to comply, the Buyer shall be granted a fmal opportunity to meet the
               requirements of this Deed upon paying the Seller a fee of five hundred dollars ($500).

       7.4     Seller to rectify non-compliance


               If the Buyer does not comply with 7.3 the Seller may at its discretion carry out the necessary work to
               remedy such non-compliance. Access for such works shall be granted forthwith by the Buyer and the cost
               of such works shall be recoverable from the Buyer forthwith upon demand. Payment shall be made within
               thirty (30)days of such demand. Beyond this time the Buyer shall pay to the Seller interest at the rate of
               15% per annum calculated on daily rests on all costs incurred by the Seller hereunder until payment is
               received in full.


       7.5     Seller may authorise non-compliance


               The seller may at its absolute discretion authorise non-compliance with this Deed under circumstances
               where design criteria cannot reasonably be satisfied provided that the intent of the Design Objectives
               pursuant to 2.2 are met.




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