11. Easement A · MCU19/0117

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QUEENSLAND LAND REGISTRY

Land Title Act 1994, Land Act 1994
and Water Act 2000

2

1.

DEFINITIONS
1.1. Dictionary
Authority

Dominant Tenement

Easement

Grantee

Grantor

Grantor's Lot

Persons claiming
under the Grantee

Persons claiming
under the Grantor

Servient Tenement

Storage and
Irrigation facility

Works

SCHEDULE / ENLARGED PANEL +
ADDIFIONAL PAGE /DECLARATION

Form 20 Version 2
Page 2 of §

7

Title Reference: « C68 7628

means the Noosa Shire Council and it is successors.

means the land described in Item 2 of the Form 9 of this Easement as the
Dominant Tenement and includes any part of that land having benefit of this
Easement.

means this Schedule and the Form 9 to which this Schedule is annexed and
includes any annexures.

means the person named in Item 5 of the Form 9 in this Easement and includes:
(a)
(b)

the successors in title and assigns of the Grantee;

the registered proprietor for the time being of the Dominant Tenement or
the land of which it from time to time forms part.

means the person named in Item 1 of the Form 9 in this Easement and includes:

(a) the successors in title and assigns of the Grantor;

(b) the registered proprietor for the time being of the Servient Tenement or
the land of which it from time to time forms part;

(c) and/or its nominee.

means Lot 1 on SP 186169, County of March, Parish of Laguna.

includes lessees, tenants and licensees of the Grantor and the owners and lawfully
occupiers for the time being of the Servient Tenement and the visitors, invitees,
workmen, and agents of either the Grantor or any such lessees, tenants,
licensees, owners or occupiers.

includes the workmen, and agents of the Grantee.

means the land described in Item 2 of the Form 9 in this Easement as the Servient
Tenement.

means the storage and irrigation facility for the receipt of treated sewage over
which the Grantee has an easement being Easement A in Lot 1 on SP 186169.
means the plant and equipment forming part of the Storage and Irrigation Facility

and includes any machinery necessary to allow the Works to function as a sewage
treatment facility.

1.2. Rules for Interpretation

In this Easement unless the context indicates a contrary intention:

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL Form 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 3 of 5
and Water Act 2000

c

(g)
(h)

50697628 “|

Title Reference :

words denoting any gender include all genders;
the singular number includes the plural and vice versa;

words importing persons will include all bodies, associations, trusts, partnerships,
instrumentalities and entities corporate or unincorporated, and vice versa;

any obligation on the part of or for the benefit of two or more persons will be deemed to bind or
benefit as the case may be, any two or more of them jointly and each of them severally;

references to any legislation includes any legislation which amends or replaces that legislation;

headings are included for convenience only and will not affect the interpretation of this
Easement;

a reference to any thing includes the whole or each part of it; and

in interpreting this Easement, no rules of construction will apply to the disadvantage of a party
because that party was responsible for the drafting of this Easement or any part of them.

2, Grant of Easement

2.1. The Grantor grants to the Grantee an easement to install pipes and pumps to the Sewage Treatment
plant and to discharge treated sewage into the Storage and Irrigation Facility and the Grantee may
connect pipes containing its treated sewage to the Storage and Irrigation Facility.

2.2,

2.3,

In exercising the Grantee's rights under clause 2.1, the Grantee must:-

(a)

(b)

(c)

(d)

(e)

before connecting any pumps or pipes to the Storage and Irrigation Facility submit to the
Grantor the plans and specifications for such work;

ensure all works it does are done:-
(i) in accordance with good engineering practices; and

(ii) in accordance with the laws and requirements of any government, semi or local
government, statutory or other body;

cause as little inconvenience as is practicable to the Grantor or Persons claiming under the
Grantor;

cause as little damage as is practicable to the Servient Tenement and the Grantor's Lot and any
improvement thereon;

make good any collateral damage.

The Grantor or Persons claiming under the Grantor will not:

(a)

(b)

prevent or restrict the Grantee or Persons claiming under the Grantee in the exercise of the
rights granted by this Easement;

obstruct the Grantee or Persons claiming under the Grantee access and use to the Easement;
or

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED-PANEL/ Form 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE + DECLARATION Page 4 of 5
and Water Act 2000

c

Title Reference : sobe7b> e
(c) interrupt or disturb the Grantee’s and Persons claiming under the Grantee right to enjoy the
Servient Tenement.
3. Maintenance
3.1. The Grantor must maintain and repair the Works at its own cost.
3.2. Grantee must at its cost:-
(a) maintain the sewage pipes on the Dominant and Servient Tenement; and

(b) repair or replace any worn or damaged sewage pipes on the Dominant and Servient
Tenement.

3.3. After giving the Grantee reasonable notice, the Grantor may, at the Grantee's cost, do anything
which the Grantee should have done under clause 3.2 but which it has not done or which the
Grantor reasonably considers it has not done properly.
4. interest on Overdue Moneys
4.1. If the Grantee does not pay any amount payable under this Easement on the due date for payment,
then the Grantee must pay interest on that amount on demand in writing by the Grantor from the due
date for payment of the amount until it is paid in full. Interest is calculated on daily balances at the
rate of 3% per month (or any part of a month).
5. Insurance and Indemnities
§.1. The Grantee must:-

(a) In connection with this Easement, maintain with insurers and on terms approved by the Grantor
in the names of the Grantee, the Grantor and any other person named by the Grantor:-

(i) Public liability insurance for at least $10,000,000.00 (or as varied by notice in writing from
the Grantor t the Grantee); and

(b) Give the Grantor evidence that it has complied with Clause 5.1(a) when asked to do so.

5.2. The Grantee releases the Grantor from, and agrees that the Grantor is not liable for, liability or loss
arising from, and cost incurred in connection with:-

(a) Damage, loss, injury or death unless caused by the negligence of the Grantor or any Person
claiming under the Grantor; and

(b) Anything the Grantor is permitted or required to do under this Easement.

5.3. The Grantee indemnifies the Grantor against liability or loss arising from, and cost incurred in
connection with:-

(a) Damage, loss, injury or death caused or contributed to by the act, negligence or default of the
Grantee and any Persons Claiming under the Grantee; and

(b}) The Grantor doing anything which the Grantee must do under this Easement but has not done
or which the Grantor considers that the Grantee has not done properly; and

(c) Matters of a kind referred to in Clause 5.2.

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL} Form 20 version 2
Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 5 of 5

and Water Act 2000

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Title Reference ; +06 8762F

6. Dispute Resolution

6.1. If any dispute, difference or question should arise between the parties to this Easement as to the
meaning or interpretation of this Easement or any clause, matter or thing contained in this
Easement or as to whether the covenants, agreements and stipulations in this Easement have
been performed and observed such dispute to difference or question shall be referred for
determination by a person appointed by the President of the Queensland Law Society Inc. for the
purpose of determining the dispute. Such a person shall act as an expert and not as an arbitrator
and his determination shall be final and binding on the parties to this Easement.

6.2. | The cost and expense of the determination under this Clause 6 shall be borne by the Grantee and
any other person to the dispute in a proportion between them as the expert may decide.

7. General
7A. A party will be released from any liability arising from any antecedent breach under this

Easement if that party ceases to be the registered owner of the whole or any part of the
Dominant Tenement or Servient Tenement.