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Draft Covenant Document (For Information Purposes)

Attached to the e-mail Application for operational works - 108 Black Mountain Range Road Black Mountain.

of 3

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QUEENSLAND TITLES REGISTRY                                                       COVENANT                                                 FORM 31 Version 3
Land Title Act 1994 and Land Act 1994                                                                                                         Page 1 of 3

                                        Dealing Number                                   Lodger (Name, address, E-mail & phone number) Lodger
                                                                                         Bakers Lawyers                                Code
                                 OFFICE USE ONLY                                         Level 1, 94 Memorial Avenue,
  Privacy Statement                                                                                                                    NR851
                                                                                         Maroochydore Queensland 4558
  Collection of information from this form is authorised by legislation and is
  used to maintain publicly searchable records. For more information see                 Tel: 07 5443 5666 Ref: LKJ:211039
  the Department's website.                                                              Email: [email protected]


  1.     Covenantor
         TOTAL CONCEPT HOMES PTY LTD ACN 099 275 877


  2.     Description of Covenant / Lot on Plan                                                                                        Title Reference
         COVENANT B IN LOT 2 ON SP326083                                                                                              TO ISSUE FROM
         COVENANT C IN LOT 1 ON SP326083                                                                                              14822035

  3.     Covenantee
         NOOSA COUNCIL


  4.     Description of Covenant (include reference to relevant section of legislation)
         VEGETATION COVENANT PURSUANT TO S97A(3)(b)(i) OF THE LAND TITLE ACT 1994


 5.      Execution
 The Covenantor being the registered owner of the lot described in item 2 covenants with the Covenantee in respect of
 the covenant described in item 4 and:- the attached schedule and document no. 715597513

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


                                                                                                             TOTAL CONCEPT HOMES PTY LTD A.C.N.
  ....................................................................... signature
                                                                                                             099 275 877

  ....................................................................... full name

 ....................................................................... qualification
 Witnessing Officer                                                                                          ...........................................................
                                                                                              /   /          SOLE DIRECTOR
                                                                                          Execution Date                       Covenantor's Signature
 (Witnessing officer must be in accordance with Schedule 1
 of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

                                                                                                             NOOSA COUNCIL
  ....................................................................... signature

  ....................................................................... full name

 ....................................................................... qualification        /   /          ...........................................................
 Witnessing Officer                                                                       Execution Date                       Covenantee's Signature
 (Witnessing officer must be in accordance with Schedule 1
 of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
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Page 2

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


                                                        Title Reference [ TO ISSUE FROM 14822035 ]


 For the purposes of this Form 31 the following words have the meaning shown below:-


1.       DEFINITIONS

         "Council" means the Noosa Council, the Covenantee named in Item 3

         "Covenant" means the terms of this document

         "Covenant Area" means the area of land under the Covenant as specified in Item 2 of Form 31

         “Development Approval” means RAL21/0003

         "Form 31" means the Queensland Land Registry Form 31 Covenant attached

         “Indigenous Vegetation” means native vegetation which historically has naturally occurred in the local area

         "Lot" means each of the Lots described in Item 2 of Form 31

         “Native Fauna” means native animals which historically have occurred in the local area

         "Owner" means the Covenantor described in Item 1 of the Form 31 and includes in the case of a corporation its
         successors in title and assigns and in the case of a natural person or persons their successors in title and each of
         their executors, administrators and assigns.

         "Vegetation" means: any tree, shrub, bush, vine, grass or other living or dead plant material on the Covenant Area
         other than existing structures such as fences and poles existing at the time when this Covenant comes into force
         and timber imported into the Covenant Area to be used for maintenance of such existing structures.

         “Vegetation Covenant” means the Vegetation Covenant identified under Condition 5 of the Development
         Approval.

         “Vegetation Management Plan” means Vegetation Management Plan J000912 which applies to the Covenant
         Area.

2.       COVENANT

         This Covenant is for the purpose of the preservation and conservation of Indigenous Vegetation and Native Fauna
         within the Covenant Area pursuant to section 97A(3)(b)(i) of the Land Title Act 1994.

3.       ACKNOWLEDGEMENTS AND OBLIGATIONS

         The parties acknowledged and agree that:

         (a)       The registration of the Covenant is a condition of a Development Approval;

         (b)       The Vegetation Management Plan applies to the Covenant Area;

         (c)       This Covenant is intended to ensure compliance with the relevant Condition(s) of the Development Approval
                   that established the requirement for the Covenant over this property;

         (d)       The key objective of the Covenant is to retain and enhance the Indigenous Vegetation within the Covenant
                   Area(s);

         (e)       The Owner is permitted to have electricity within the Covenant Area for the purpose of dam pumps;

         (f)       The Owner is permitted to utilise and maintain the existing dams and dam walls which form part of the Lot;

         (g)       A permanent fence must remain in place to protect the Covenant Area. The fence must be adhere to the
                   following specifications:-

Page 3

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


                                                        Title Reference [ TO ISSUE FROM 14822035 ]


                   (i)      allow adequate clearance at ground level for local macropods;

                   (ii)     not include barbed wire or similar materials;

                   (iii)    provide regular opportunities for passage over and through.

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