MCU15/0017 - Development Application

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 3 of

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4.2

7.1

Title Reference
3.1.5 pay the municipal rates and land tax (if any) imposed on the Servient Tenement.

GRANTEEF’S COVENANTS
The Grantee must:
4.1.1 not, without the prior written consent of the Grantor, install any other pipes, drains,

conduits or channels on, above or below the surface of the Servient Tenement or extend or
substantially alter the Open Drainage Channel:

4.1.2 not cause any damage to the Servient Tenement and the improvements thereon;

4.1.3. at all times exercise the right granted by this Easement in a proper manner and so as to
cause as little inconvenience as possible; and

4.1.4 within a reasonable time. repair (at its cost) and make good any damage caused by the
Grantee to the Servient Tenement and the improvements thereon in the course of the
Grantee's exercise (or purported exercise) of the right granted by this Easement.

Notwithstanding clause 4.1, the Grantee shall not be liable for any damage caused to the Servient
‘Tenement and the improvements thereon to the extent that such damage is caused or contributed to
by the flow of water over the Servient Tenement.

RISK AND INDEMNITY

The Grantee must observe each Covenant in Clause 4 at the Grantee's risk and expense.

The Grantee enters. occupies and uses the Servient ‘l’enement at the Grantee's risk.

BENEFIT AND BURDEN OF STIPULATIONS

The benefit and burden of the covenants, agreements and stipulations in this Easement shall pass
with and bind the Servient Tenement and Dominant Tenement and bind all persons deriving title
from or under the Grantor or Grantee and the Grantor and Grantee on ceasing to he the registered
owners of the Servient Tenement and Dominant Tenement respectively shall have no further
entitlement and be under no further liability for any event or occurrence thereto.

SUBSEQUENT SURRENDER OF EASEMENT

Notwithstanding anything elsewhere herein contained or implied, the Grantee agrees that:

7.1.1 this Easement will not restrict or prevent the further development of the Relevant Area;
and

7.1.2. it will surrender this Easement as a condition of any Development Approval provided that
the proposed development which is the subject of the Development Approval deals with
the issue of drainage of water to the Grantee’s satisfaction (acting reasonably).

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