Development Application part 2 OF 2 All of CD, Information in notes - MCU12/0216

 

 

978 QUEENSLAND GOVERNMENT GAZETTE No. 89 [27 November 2009

(b) cause as little inconvenience as is or adjacent the Easement Area without

reasonably practicable to the the prior written consent of the
Landowner; Easement Holder;

(c) restore the Easement Area as nearly as (f) exercise reasonable care to ensure that
is reasonably practicable to its former any Infrastructure on the Easement
condition if the Easement Area is Area is not damaged;
damaged or changed by the work done
on the Easement Area; and (g) not interfere with, damage or place at

risk any Infrastructure on the

(d) comply with all applicable laws Easement Area from time to time or
regarding occupational, health and interfere with anything that the
safety in the undertaking of any work Easement Holder is storing or has
done on the Easement Area. placed on the Easement Area from

time to time (including plant and
2.4 If the Landowner breaches the Easement, the equipment, stockpiles of soil dug up

Easement Holder may do anything that is from or from under the Easement Area

reasonably necessary to correct the breach or any other stockpiles) without the

(such as removing a Structure erected on the prior written consent of the Easement

Easement Area in breach of the Easement). Holder;

Any action in rectifying such breach shall be

taken without the Easement Holder incurring (h) not cause a nuisance that adversely

any liability to the Landowner. affects the Easement Holder’s rights

and powers under the Easement or any

3. RIGHTS AND OBLIGATIONS OF Infrastructure on the Easement Area
LANDOWNER from time to time, but if any nuisance

3.1 The Landowner must: is caused, then promptly abate such

(a) not erect or permit to be erected any
improvement, building, structure,
pipeline, services, road, fence,
driveway or paving on or through the
Easement Area without the prior
written consent of the Easement
Holder;

(b) maintain and repair, and not change,
any existing improvement, building,
structure, pipeline, services, road,
fence, driveway or paving on or
through the Easement Area (other than
the Infrastructure);

(c) not alter the ground level of the
Easement Area or change _ its
topography or do anything to cause
inundation of the Easement Area by
water without the prior written consent
of the Easement Holder;

(d) not plant trees on or landscape within
the Easement Area without the prior
written consent of the Easement
Holder;

(e) not crop, dig or plough the Easement
Area or cause the lighting of fires on

4.1

nuisance;

(i) use the Landowner’s best endeavours
to prevent anyone else doing any of
the things that the Landowner is
required not to do under the Easement
and not allow or authorise anyone else
to do any of those things;

qj) not interfere with or obstruct the
Easement Holder in the exercise or
enjoyment of its rights and powers
under the Easement; and

(k) not grant any rights to any person in
relation to the Easement Area to the
extent the granting of those other
rights could or will conflict or interfere
with the Infrastructure or the exercise
of any of the Easement Holder’s rights
and powers under the Easement.

OTHER MATTERS
Ownership of Infrastructure

All Infrastructure and other things brought
onto or installed on, in or through the
Easement Area from time to time by the
Easement Holder will, as between the
Landowner and the Easement Holder,