Access Agreement Conditions · MCU18/0015

 

QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 3 of 6
and Water Act 2000

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Title Reference 507160076

(e) suffer permit or allow any vehicular use of the Servient Tenement at a speed greater than 20 kilometres per
hour, or cause a noise nuisance to neighbouring residents (as reasonably determined by the Grantor after
consultation with the Sunshine Coast Regional Council).

4, Where the Grantee or its employees contractors invitees or customers cause damage to the Servient Tenement by
overloading the same or reckless or negligent driving or by some other means the Grantee will at its own cost and
expense repair the Servient Tenement to good and proper repair and condition and as reasonably required by the
Grantor as soon as practicable and no later than fourteen (14) days from notice in that regard from the Grantor to
the Grantee failing which the Grantor may attend to same and then the Grantee shall pay the cost thereof to the
Grantor or any cost reasonably incurred by the Grantor within fourteen (14) days of demand.

5. If any dispute or difference arises between the Grantor and the Grantee concerning:-

(a) _ following a notice giving reasonable time and details to the Grantor to rectify a material defect in the Servient
Tenement, and the Grantor disagreeing that such a defect exists or is material, whether or not the Servient
Tenement is in a good and trafficable condition;

(b) the type of work required from time to time to be performed in order to restore the Servient Tenement or to
maintain it in a good and trafficable condition (“the Work”);

(c) the sum to be expended from time to time with respect to the Work; or

(d) whether any work requested or required is due to fair wear and tear or otherwise or should be the
responsibility of and paid for by the Grantee pursuant to clause 3 or 4 or both hereof; and/or as to what
proportion (including the whole by any one party) of the cost of the work should be paid by the parties
together if not the sole responsibility of either of them;

then in any such case the matter in dispute shall be determined as provided in clause 6.

6. A dispute shall be referred for discussion before a mediator and determination by him, to be nominated by mutual
agreement between the parties and in the absence of such mutual agreement within 7 days from the date that the
particular dispute arose, by a nominee of the president for the time being of the Queensland Law Society
Incorporate (or anybody exercising the same or substantially similar functions in that regard if it should cease to
exist). It is agreed that the decision of the mediator shall be final and binding on the Grantor and the Grantee and
the costs of determination shall be paid in accordance with the order of the mediator in that regard.

7. The Grantor shall not at any time act in a manner to prevent the Grantee from having full use and enjoyment of the
rights granted to it by this easement except where the Grantor by virtue of its obligations under clause 2 must
reasonably restrict access or, where the Grantor (acting reasonably) considers that there is a sufficient emergency
such that it is appropriate that access to the Servient Tenement be restricted or prevented for such a period or
periods as the Grantor thinks fit in the circumstances.

8. (a) Neither the Grantor or the Grantee may at any time facilitate, suffer or permit by construction of
improvements accumulation of vehicles, use of property or assembly of persons on the Servient Tenement,
unreasonable restriction or obstruction of the surface or level or otherwise of the Servient Tenement to
prevent the other from having full use and enjoyment of the Servient Tenement.

(b) Nothing in this easement will prevent the Grantor from carrying out any works to the Servient Tenement to
construct improvements on the Land including the connection of services to those improvements. Any work
to be carried out by the Grantor must be carried out in a manner so that interference to access over the
Servient Tenement is minimalised. This right does not extend to the Grantee.

9. Indemnity
(a) Without limiting the Grantee’s obligations at Jaw, the Grantee indemnities the Grantor against all actions,
claims, losses, expenses and damages suffered by the Grantor or made against the Grantor by the Grantee

or any party claiming through it in respect of any loss of life, injury, property or other damage, expense or
loss caused by the negligence or breach (as the case may be) of the Grantee or any party claiming through it

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