Executed Covenant For OS3, OS5, OS7 and POS Attachment 4 -

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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

:Land Title Act 1994, Land Act 1994 Page 2 of 5
and Water Act 2000

7

4

This is the Schedule referred to in the Form 31 Covenant dated the Srel day of October 2006.

1.

Purpose

This Covenant is entered into between the Covenantor and Covenantee pursuant to sections 94A(3)( a)(i) and
97A(3)(b) of the Land Title Act 1994 for the purpose of the conservation of the existing native vegetation in the lots
described in Item 2 of the Form 31 Covenant.

Interpretation

The Covenantor and the Covenantee agree that the intent of this Covenant is to ensure that the Native Vegetation
on the Native Vegetation Area is maintained, and the Covenantor and the Covenantee agree that this Covenant is
to be interpreted, performed and applied accordingly.

Definitions

In this Covenant: -

“Approved Plans” means any plans approved by the Covenantee at the date of this Covenant or in the future
regarding the Land.

"Building" means a fixed structure that is either wholly or partly enclosed by walls and is roofed and includes any
part of a building.

"Covenantee" means the Council of the Shire of Noosa and its successors.

"Covenantee's Agents" includes the Covenantee's elected members and officials together with the Covenantee's
relevant agents, employees, contractors and subcontractors.

"Covenantee's Right of Access" means the rights set out in Clause 5 of this Covenant.

“Covenantor" means the registered proprietor of the Land and its successors in title, transferees and assignees.
"Covenantor's Obligations" means the obligations set out in Clause 4 of this Covenant.

"Declared and Undesirable Plants" means any vegetation declared by any legislation with jurisdiction in the State of
Queensland, and any species defined as undesirable by the Noosa Council through either a Planning Scheme
Policy or an adopted Pest Management Plan.

"Dividing Fences" has the same meaning as in the Dividing Fence Act 1953.

"Erect" includes erect, construct, make or place and also includes commencing or continuing the erection,
construction, making or placing.

“Land” means the property described in Item 2 of the Covenant and any land created in lieu thereof by registration
of any plan and howsoever described.

"Management Plan" means all management plans approved by the Covenantee from time to time affecting the
Native Vegetation Area of the Land including but without limitation: -

(a). Environmental Management Plan
(b) Site Rehabilitation Plan
(c} Stormwater Management Plan

(d) Bushfire Management Plan

S|

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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

-Land'Title Act 1994, Land Act 1994 Page 3 of 5
and Water Act 2000

"Native Vegetation Area" means the part of the Land depicted on the Survey Plan as being subject to the Covenant

described in Item 2 of the Form 31 Covenant.

"Native Vegetation" means the native trees, bushes, plants, shrubs, flowers, grasses, algae and fungi, but does not
include Declared and Undesirable Plants.

 

"Structure" includes ‘any Building, wall, fence (other than a Di
roadway or path or other structure or erection.

ing Fence), pillar, pipe, drain, conduit, post,

"Survey Plan" means Plan SP182845.
4. Covenantor's Obligations

4.1. The Covenantor covenants and agrees with the Covenantee that the Native Vegetation Area will be
protected, preserved and conserved by the Covenantor to the satisfaction of the Covenantee. Without
limiting the generality of the preceding, the Covenantor agrees that: -

(a) No living or dead vegetation now existing or hereafter existing in the Native Vegetation Area, will be
trimmed, pruned, cut down, damaged, destroyed, mowed, harvested, picked or removed from the
Native Vegetation Area unless approved by the Covenantee. However, in accordance with the Letter
of Undertaking dated September 28, 2006 provided by Energex Limited (“Energex”) to the Covenantor
(a copy of which is attached as "Annexure ‘A””), the Covenantee acknowledges that Energex may be
required in situations of emergency to clear part of the Native Vegetation Area which is subject to
Energex’s Easement for electricity services purposes without obtaining the Covenantee’s prior
approval subject to Energex causing as minimal disturbance as possible to the Native Vegetation
Area. In any event, the Covenantor will reinstate, repair and make good any damage caused to the
Native Vegetation Area (and any Native Vegetation) within a reasonable time;

(b) No fixtures or improvements including Buildings or other Structures other than Structures approved in
the Management Plan, the Master Plan (Map SBC (MP2 Plan)) or Approved Plans or previously
approved by the Covenantee in writing will be erected in the Native Vegetation Area;

(c) No trail, path, access or other way (other than those approved in the Management Plan, the Master
Plan (Map SBC (MP2 Plan)) or Approved Plans or by the Covenantee) will be made laid out or erected
in the Native Vegetation Area;

 

(d) No fill, soil, rock, rubbish, ash, garbage, waste or other material foreign to the Native Vegetation Area
will be deposited in or on the Native Vegetation Area other than mulch for the better growing of the
vegetation in the Native Vegetation Area;

(e) No other acts will be carried out in or in respect of the Native Vegetation Area which, in the opinion of
the Covenantee, acting reasonably, may have a detrimental impact on the Native Vegetation Area;

(f) The Covenantor will be responsible for the ongoing control and eradication of Declared or Undesirable
Plants on the land; and

(g) | The Covenantor will adhere to the Management Plan.

4.2. Notwithstanding clause 4.1(a), if any living or dead vegetation on the Land (including the Native Vegetation
Area) poses a risk to human safety: -

(a) The vegetation may be cut down or trimmed with the prior written consent of the Covenantee, which
will not be unreasonably withheld, so as to remove the risk; and

(b) Unless it would, in the Covenantee's reasonable opinion, constitute a fire hazard, the cut vegetation or
trimmings must be left on the Land so that natural regeneration processes may occur.

4.3. Notwithstanding clause 4.1, the Covenantor may undertake works in the Native Vegetation Area with the
prior written consent of the Covenantee, which is not to be unreasonably withheld.

 

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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

- Land Title Act 1994, Land Act 1994 Page 4 of 5
and Water Act 2000

7

10.

41.

4

Covenantee's Rights of Access
The Covenantor hereby expressly authorises the Covenantee, at any reasonable time, to: -
(a) Enter, re-enter, and traverse the Native Vegetation Area;

(b) Enter, re-enter, and traverse that part of the Land that is reasonably required to in order to enter, re-enter,
and traverse the Native Vegetation Area; and

(c) Inspect, test and monitor the Native Vegetation Area and Native Vegetation on the Native Vegetation Area.

Covenantee May do Work

The Covenantee may, at any reasonable time carry out any planting, replanting, rehabilitation or remedial work in
the Native Vegetation Area so as to restore any Native Vegetation harmed or damaged, for whatever reason, to a
state as near as is practical to the state prior to such damage or harm.

Remedy for Non-Compliance

7.1. In the event of non-compliance by the Covenantor with the Covenantor's obligations contained in this
Covenant, the Covenantee may, in its absolute discretion, issue a written direction requiring the Covenantor
to remedy the non-compliance.

7.2. Where the Covenantee issues a written direction pursuant to clause 7.1, the Covenantor shall comply with
the direction within 14 days of the issue of the direction or such other reasonable time as may be specified in
the direction. ‘

‘7.3. In the event that the Covenantor fails to comply with the written direction within the time allowed in

accordance with clause 7.2, the Covenantee may enter the Covenant Area, perform the work required to
ensure compliance by the Covenantor with the Covenantor's obligations and recover the costs of performing
the work from the Covenantee as a debt payable on demand.

Release and Indemnity

The Covenantor irrevocably releases the Covenantee from and waives any right, claim, remedy, action, cause of
action, loss, damage, expense or liability which the Covenantor may have against it in respect of this Covenant or
its performance or breach. The Covenantor hereby indemnifies and holds the Covenantee harmless from and
against any claim, right, action, remedy, cause of action, loss, damage, expense or liab y incurred, suffered or
asserted by it or anyone else in connection with the performance of this Covenant by the Covenantor or its breach
by the Covenantor or in connection with any negligence or other legal wrong of the Covenantor.

 

The Covenantor agrees with the Covenantee that the Covenantor is, as between the Covenantor and the
Covenantee, the sole occupier of the land.

No Obligations on Covenantee

The rights given to the Covenantee by this Covenant are permissive only and nothing in this Covenant imposes any
duty of any kind on the Covenantee to anyone or obliges the Covenantee to perform any act or incur any expense
for any of the purposes set out in this Covenant.

No Effect on Rates and Charges

Nothing in this Covenant or itself affects any obligations of the Covenantor to pay all taxes, rates, charges and
levies lawiully imposed in respect of the Land.

Registration

The Covenantor agrees to do everything necessary at the Covenantor's expense to ensure that this Covenant is

registered against the title to the Land. .
FAY

Page 5

+

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

Land Title Act 1994, Land Act 1994 : Page 5 of 5
and Water Act 2000

12. Severance
If any part of this Covenant is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so,
that part is to be considered severed from the rest of this Covenant and the rest of this Covenant remains in force
and unaffected by that holding or by the severance of that part.

13. Enurement

This Covenant binds the parties to it and their respective successors and administrators.

14. Conflict
14.1 In the event of any conflict between the obligations placed on the Covenantee in clauses 4,1(a) - 4,1(f),
inclusive and clause 4.1(g), clause 4.1(g) will prevail to the extent of any inconsistency.
14.2 Nothing in this Covenant will limit any right given to the Covenantee pursuant to any easement granted to

or that benefits the Covenantee in the Native Vegetation Area registered before or after the creation of
this Covenant.

L TO]

Page 6

ao fe

J8-SEP./ 06 (THU) 13:30 NETWORK PROPERTY TEL: 61 7 34074144 P, 001

| ANNEXE 9
et

28 September 2006

The Directors

Mirose Ply Lid

PO Box 3144

SOUTH BRISBANE QLD 4101

 

Attention Ms Leanne Porter
Dear Leanne
Noosa Civic - Easements M and N on SP192396

We tefer to aur meeting taday regarding the above matier and ENERGEX
easement requirements for the project,

Whilst ENERGEX is not willing to alter our standard easements, wa are
Prepared to provide the fallowing comments and/or undertakings:-

* Accass to the easement araa to remove vegetation will only occur
under emergency situations and the registered proprielor of the
property or Noosa Shire Council will he responsible for reinstatement
of the area to its prior condition.
® ENERGEX acknowledges that there other existing services in the
easement and that the current ENERGEX standards for separation .
will be followed,

The supply of electricity to the proposed davelopment cannot occur until the
following has aecurrad:-

* Easement documents in accardance with ENERGEX's standard
easement canditions are executed by bath partias

+ All necessary consents are obtained and copies pravided to
ENERGEX.

* Undertaking to register the easements without delay and attend to
any requisitions in 3 businass days.

« Agreement ta the terms and conditions of this letter.

 

Once this has been camplated, ENERGEX will require up to 7 business days — enquirles
notice far switching and final connection. Please call me on 3407 4667 if you Gavin Smith

have any questions regarding the above manner. Toteptione
(07) 3407 4687

i Facalmile
Yours sincerely (07) 3407 4444

> ” Email
Di VE
5

Corporato Office

Vi if 150 Charlotte Straat
Netware Brisbane Qld 4060

Network Properly Specialist . GPO Bow 1481
Briebana Qia 4001
Telaphans (07) 3407 4n00
Facsimile (07) 3407 af00
www.energax.com.au

ENERGEX Limited
ABN 40 077 840 055