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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.
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:-
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