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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.

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QUEENSLAND LAND REGISTRY ENLARGED PANEL Form 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 29 of 107

cr

45.

46.

{c)

(d)

(e)

a

(ii) Following the installation of the Works, the Occupier must at its cost have the FIIC determined by a
field test conducted by an accredited acoustic consultant approved by the Committee. The Occupier
will provide a copy of the consultant's report to the Committee within seven (7) days of receiving it.

Title Reference [Title Reference]

(iii) Where the FIIC of the completed Works is less than the level detailed in By-law 44(b)(i), the Occupier
must, within a reasonable time and at it's cost, cause the removal of the Works and/or have any
necessary procedures or additional works undertaken in order for the Works to comply with the
requirements in that paragraph. Following any such remedial action being taken, the provisions of
paragraph (b)(ii) must again be complied with by the Occupier.

(iv) Where the Works are installed and the FIIC complies with the requirements of By-law 44(b){i) and
any other conditions imposed by the Committee, the Body Corporate or it's representative must
notify the Body Corporate’s insurers of the installation of the Works and the Occupier will be liable for
any increase in premium as a result of the installation of the Works.

An Occupier must comply with any conditions Imposed by the Committee when granting its consent,
including any conditions which are imposed by the Committee to prevent any noise arising in any way out of
the Installation or use of the Works from being transmitted from the Lot to another Lot.

The granting of any approval by the Committee of the Body Corporate does not in any way relieve an
Occupier of his or her responsibility under any other By-laws.

lf an Occupier fails to comply with the terms of this By-law, then an Occupier will, at his or her expense,
remove the Works from the Lot upon receiving written notice from the Committee.

SPECIAL RIGHTS— BUILDING LEVELS

{a)

(b)

(c)

Occupiers and Owners of Lots on each level of the Building may have the special right over that part of
Common Property consisting of the foyers on their respective levels (“Special Areas”) so that a security
system can ensure that only Authorised Persons may access that level.

Authorised Persons are those who are:

(i) Occupiers of a Lot on the relevant level;

(ii) invited by an Occupier or Owner of a Lot on the relevant level to visit them;

(iii) persons maintaining Common Property;

(iv) the Caretaker, its servants and agents; and

(v) such other persons as the Committee decides, acting reasonably.

The Body Corporate must carry out its duties (including maintenance and operating duties) in respect of the

Special Areas, If there is any doubt about the location or extent of the Special Areas, the determination of the
Chairman of the Body Corporate (or his nominee) (acting reasonably) will be final.

CARETAKER’S UNIT

(a)

|_seeseeve

The Caretaker’s Unit may be used for any of the following purposes:
(i) residential:

(ii) management (including the letting of Lots);

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