AMP00112_Noosaville - QLD DNRME - Copy of Dealing - 711760771 - 80073390_119251061

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A UEENSLAND LAND REGISTRY ENLARGED PANEL Form 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 4

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Title Reference ..................

 

8. Grant/Execution

The Grantor for the above consideration grants to the Grantee the easement over the servient tenement for the purpose stated in
7 and the Grantor and Grantee covenant with each other in terms of the attached schedule

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994

Telstra Corporation Limited ACN 051 775 556
by its duly constituted attorney Peter John
Liuzzi, Manager Strategic Planning Network
Accommodation under Power of Attorney No
708678956 whg certifies that he has received

SLA Greet

S seevaveeseensenteeeneaeaeeseaunsaeauneecateseectsse® signature

    

..full name

we ee rl cseennesestieeesesessesetesesensessansttanerdnenaenentess qualification S jhe hice
Witnessing Officer Execution Date
(Witnessing officer must be in accordance with Schedule 1

of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

NC Oliver Noosa Pty Ltd ACN 010 701 425 by

its attorney Christopher Berrett Brinkley

pursuant to power of attorney 708021034 who

signature certifies he has received no notice of

revocation of the power
full name

  

Witnessing Officer Execution Date Grantor’s Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

|__ cas.pre:s.subdivisions\Noosavite Medical and Professional Centre\SP196846\Easement D SP196846.doc

item

 

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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 3 of 4

*

Item 8 Grant

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Title Reference ..................

1. DEFINITIONS

In this easement:

1.4

1.2
1.3
14
15

1.6

417

18
1.9

1.11

Benefited Land means the land described in Item 2 of the Form 9 in this easement and includes any
part of that land having the benefit of that easement.

Burdened Land means the land described in Item 2 of the Form 9 in this easement.
Carrier has the same meaning as in the TA.
Claim means any legal claim or action and all costs and expenses associated with it.

Grantee means the person named in Item 5 of the Form 9 in this easement and the transferees and
assigns of the Grantee and the registered owner, from time to time of the Benefited Land and, unless
inconsistent with the subject matter or the context, includes each employee, agent, contractor,
consultant, customer, tenant, licensee, and any other person who may at any time be in or upon the
Benefited Land under the control or direction of the Grantee.

Grantor means the person named in Item 1 of the Form 9 of this easement and the transferees and
assigns of the Grantor and the registered owner, from time to time of the Burdened Land and, unless
inconsistent with the subject matter or the context, includes each employee, agent, contractor,
consultant, customer, tenant, licensee, and any other person who may at any time be in or upon the
Burdened Land under the control or direction of the Grantor.

Law means in a given circumstance or context, all statutes, rules, regulations, proclamations,
ordinances, by-laws, and applicable standards and policies of an authority, whether federal, state, local
or otherwise, relevant to that circumstance or context.

TA means the Telecommunications Act 1997 (Cwth).
TA Schedule 3 means Schedule 3 to the TA.
Telecommunications Law means:

1.10.1 the TA;

4.10.2 the Telstra Corporation Act 1991 (Cwth);

1.10.3 all other Laws which are relevant to or which deal in any way with or which otherwise apply
to the Grantee or its activities, functions, powers, rights, obligations or entitlements under
the Laws referred to in clause 1.10.1 and clause 1.10.2 including the Telecommunications
Rights.

Telecommunications Rights means all rights, power, immunities and entitlements of the Grantee
under the Telecommunications Laws, including but not limited to, those powers and immunities
contained in TA Schedule 3.

2. INTERPRETATION

in this easement:

2.1

L

Reference to:

2.1.1 one gender includes each other gender;
2.1.2 the singular includes the plural and the plural includes the singular;
2.1.3 a person includes a body corporate;

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«e
(QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

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| and Title Act 1994, Land Act 1994 and Water Act 2000 Page 4 of 4

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Title Reference ..................

2.1.4 a party includes the party's executors administrators successors and permitted assigns;
an
2.1.5 a statute regulation or provision of a statute or regulation (“Statutory Provision’) includes:
2.1.5.1 that Statutory Provision as amended or re-enacted from time to time; and
2.1.5.2 a statute regulation or provision enacted in replacement of that Statutory
Provision.
2.2 Where a word or expression is given a particular meaning other parts of speech or grammatical forms

of that word or expression have a corresponding meaning.

2.3 Headings are for convenience only and do not form part of this easement or affect its interpretation.

GRANT OF EASEMENT

The Grantor grants the Grantee full rights to the unimpeded access of light and all other forms of electromagnetic
radiation through the Burdened Land from or to the Benefited Land without any obstruction or interruption caused
by or consequent upon the erection, raising, making or suffering to stand of any building, structure or thing
whatsoever (“Improvement”) upon the Burdened Land or any part thereof.

COVENANT

The Grantor covenants with the Grantee that the Grantor shall not erect any Improvement on the Burdened Land
so as to prevent the unimpeded access of light and all other forms of electromagnetic radiation through the
Burdened Land from or to the Benefited Land and any buildings thereon or to reduce the benefit of such light and
all other forms of electromagnetic radiation to the Benefited Land.

GRANTEE’S RIGHTS

The Grantee may at the cost and expense of the Grantor enter onto the Burdened Land and rectify any breach of
this easement by the Grantor without incurring any liability whatsoever as a result of such actions.

GRANTEE’S STATUTORY RIGHTS UNDER TELECOMMUNICATIONS Law

6.1 The Grantor and Grantee acknowledge that the Grantee:
6.1.1 is a Carrier for the purposes of the TA; and
6.1.2 is entitled to exercise any or all of the powers, rights, exceptions and immunities contained

in the Telecommunications Laws, including but not limited to, the rights of, and incidental
to, access, maintenance, service and installation contained in divisions 2, 3 and 4 of TA
Schedule 3.

6.2 Nothing in this easement shall be taken to restrict or fetter any of the rights of the Grantee under any
Telecommunications Laws.

GOVERNING LAW AND JURISDICTION

7A The iaw of Queensland governs this Easement.
7.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court
of Australia.

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