Council archive · source document
05. Town Planning Report · MCU10/2127
From the archive MCU10/2127 Development Application part 2 of 2 Plans 5 Morwong Drive Noosa Heads. File date in the archive: 2010-12-20 09:49.
Very large file (41.9 MB): the whole original can take several minutes to open, especially on a phone. Text is quick to read.
QUEENSLAND LAND REGISTRY ENLARGED PANEL Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 25 of 107
[- “d
Title Reference [Title Reference]
(d) If the Caretaker holds a liquor licence in respect of any part of the pool area, the Caretaker is entitled to
exercise control over such areas to the extent necessary to ensure compliance with the Liquor Act.
30. MAINTENANCE OF SWIMMING POOL
(a) An Owner or occupier of a Lot shall not without prior authority, operate, adjust or interfere with the operation
of any equipment associated with the swimming pools or add any chemical or other substance to the same.
{b) The Body Corporate must obtain and maintain an annual licence for all swimming pools on Common Property
with the Local Authority’s Environmental Health Department In accordance with the provisions of the Local
Authority's local laws.
(c) The Body Corporate must ensure that swimming pool pumps on the Scheme Land are to be contained in an
acoustically treated enclosure or located in a manner that prevents a noise nuisance beyond the Scheme
Land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.
31. PUBLIC AND PRIVATE WALKWAYS
(a) The Body Corporate will, subject to the provisions of any easement, cause any public walkways within
Scheme Land to be maintained in a good useable condition at all times,
(b) All private walkways constructed on Scheme Land will be maintained by the Body Corporate in good and
useable condition at all times.
(c) Lighting to public walkways and buggy tracks where required and where permitted by the Local Authority on
Scheme Land is to be low-level bollard type lighting, downlighting or footlights that achieve the minimum of
illumination and light spillage consistent with safety for pedestrians and vehicles.
32. STANDARD OF MAINTENANCE/REPAIR
(a) In this clause:
‘Facilities” means the Common Property, all fixtures, fittings, and furniture which is at any time a Body
Corporate asset (even if within an Occupation Authority Area) and which the Body Corporate is obligated to
maintain, repair and/or replace.
(b) Despite anything else In these By-laws, as the Scheme Land and improvements on It are to be operated as a
deluxe international apartment resort for both Australian and international visitors, its essential that the
Facilities are maintained to an appropriate high standard and quality. Accordingly, the Body Corporate will
subject only to the Act cause the Facilities to be maintained to a high standard and quality.
33. COMMUNICATIONS SYSTEMS
Subject to any Owner's continuing right to obtain and use connections servicing their lot only, the Caretaker will be
entitled to operate a PABX telephone, internet, cable television or movie facility within the Scheme Land (including
within a Residential Lot or Commercial Lot) and for the purposes aforesaid has and will continue to have a licence to
install, lay, use, repair, maintain and replace cabling and other equipment necessary for the operation of such
facilities throughout the Scheme Land (including within a Residential Lot or Commercial Lot).
34. RECOVERY OF LEGAL COSTS
(a) An Owner shail pay on demand the whole of the Body Corporate’s cost and expenses (including Solicitor and
own client costs and any goods and services tax related to the costs and expenses) in connection with:
(i) recovering levies or monies payable to the Body Corporate pursuant to the Act duly levied upon the
Owner by the Body Corporate, or otherwise pursuant to these By-laws;
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