Sealed Judgement Neate 1219 of 2020 · MCU18/0015

                                                    Attachment A
QUEENSLAND TITLES REGISTRY                SCHEDULE / ENLARGED PANEL /                                       Form 20 Version 2
Land Title Act 1994, Land Act 1994       ADDITIONAL PAGE / DECLARATION                                          Page 1 of 7
and Water Act 2000


                                              Title Reference [Title Reference]




Preamble
The purpose of this Environmental Covenant for the preservation of native plants is to provide a legal agreement between
the owner and the Noosa Council to work together to provide long term retention on private land of Native Vegetation and
Native Fauna.

Council may from time to time also have environmental programs, which Covenant Owners may be eligible to apply for, to
assist land owners enhance the environmental values of their land. These can be accessed at the Council offices.


1.       DEFINITIONS
         "Act'' means the Land Title Act 1994 (Qld).

         "Condition" means the development conditions imposed under the Planning Act 2016 (Qld) in relation to the
         development of the Lots.

         "Council" means the Noosa Council, the Covenantee named in Item 3 of the Form 31.

         "Covenant" means the terms of this document.

         "Covenant Area" means an area to which this Covenant applies as described in Item 2 of the Form 31, being an
         area of approximately 12,631m2.

         "Development Approval" means the Material Change of Use and Reconfiguring of Lot approvals granted
         pursuant to the Planning Act 2016 (Qld) in respect of the development of the Lot.

         "Dispute Notice" means a notice given by one party to the other pursuant to Clause 7 of this Covenant.

         "Form 31" means the Queensland Land Registry Form 31 Covenant attached.

         "Invasive Plant" means:

         •         an invasive plant as defined in Schedule 1 and 2 of the Biosecurity Act 2014 (Qld) and Schedule 4 of the
                   Biosecurity Regulation 2016 (Qld); and

         •         an invasive plant as defined in Appendices 11.1 of the Noosa Biosecurity Plan 2020.

         "Legislative Instrument" means an instrument in writing that is of a legislative character and that was made in
         the exercise of a power delegated by the Queensland Parliament.

         "Lot'' means each of the Lots described in Item 2 of the Form 31.

         "Native Fauna" means native animals which historically have naturally occurred in the local area.

         "Native Vegetation" means native vegetation which historically has naturally 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.

         "Planning Scheme" has the meaning given in the Planning Act 2016 (Qld).



3470-6053-3049v2                                                                                              110