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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 30 of 107

7

(c)

4

(iii) commercial purposes relating to the operation and management of an international apartment resort
on Scheme Land; and

Title Reference [Title Reference]

(iv) any lawful purpose.
During the term of the Caretaking and Letting Agreement (including any extensions and renewals):

{i) the Body Corporate will not itself, directly or indirectly, provide any of the services set out In the
Caretaking and Letting Agreement;

(ii) the Body Corporate will not allow any person or company other than the Caretaker to provide, from
the Scheme Land, any of the services set out in the Caretaking and Letting Agreement;

(iii) the Body Corporate will not enter into with any other person or entity an agreement similar to the
Caretaking and Letting Agreement;

(iv) the Caretaker will be entitled to erect or display reasonable signs or notices in or on the common
property of the Scheme advertising any of the services it provides pursuant to the Caretaking and
Letting Agreement;

(v) the Body Corporate must not grant to any other person or corporation the right to conduct any
business of a similar nature to the letting business from within the Scheme Land nor must the Body
Corporate (or any of its members individually) directly or indirectly conduct or attempt to conduct any
business of a similar nature to the letting business from within the Scheme Land;

(vi) the Body Corporate must not make any part of the Common Property available to any person or
corporation other than the Caretaker for the purpose of conducting a letting business; and

(vii) the Caretaker may sub-licence or contract out of its use of the Common Property, subject to the
provisions of the By-laws in this Schedule C.

The Body Corporate will continue to be responsible to carry out its duties pursuant to the Act in respect of any
common property for which special privileges have been granted pursuant to this By-law.

47, ARCHITECTURAL DESIGN AND LANDSCAPING CODE

{a)

(b)

[_Bovsoove

Code binding on all Owners and Body Corporate
The Body Corporate and each Owner acknowledge that:

(i) the Scheme Land including each Lot and Common Property is located within an environmentally
important and sensitive site;

(ii) the Architectural Design and Landscaping Code contains provisions and obligations determined by
the Assessing Authority as required to maintain and protect the flora and fauna within the
environmentally sensitive site; and

(iii) the provisions of the Architectural Design and Landscaping Code are binding on them and must be
complied with in every respect.

Code prevails over inconsistent By-laws

Every By-law contained in this Schedule C must be read subject to the provisions of the Architectural Design
and Landscaping Code, which prevails to the extent of any inconsistency.

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