Sealed Judgement Neate 1219 of 2020 · MCU18/0015

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


                                                Title Reference [Title Reference]


         "Vegetation" means any tree, shrub, bush, vine, grass or other living or dead plant material on the Covenant
         Area other than existing structures such as fences and poles existing at the time when this Covenant comes into
         force and timber imported into the Covenant Area to be used for maintenance of such existing structures.


2.       COVENANT
         This Covenant is for the purpose of the preservation and conservation of Native Vegetation and Native Fauna
         within the Covenant Area pursuant to section 97A(3)(b)(i) of the Land Title Act 1994 (Qld).


3.       ACKNOWLEDGEMENTS
         The parties acknowledge and agree that:

         (a)       the registration of the Covenant is a Condition of the Development Approval;

         (b)       this Covenant is intended to ensure compliance with the relevant Condition(s) of the Development
                   Approval that established the requirement for the Covenant over this property; and

         (c)       the key objective of the Covenant is to establish, retain and enhance the Native Vegetation within the
                   Covenant Area(s).


4.       OWNER'S OBLIGATIONS
4.1      The Owner must, unless otherwise agreed in writing by the Council, fully and effectively observe and comply with
         the following obligations, to the satisfaction of Council:

         (a)       The Owner must comply with the Condition(s) of the Development Approval that established this
                   Covenant, including carrying out any rehabilitation works required to be undertaken under the
                   Development Approval and subsequent approvals.

         (b)       The Owner must comply with the Covenant.

         (c)       The Owner must take reasonable measures to only use, or allow to be used, the Covenant Area in such a
                   manner that maintains, protects, enhances and manages the Native Vegetation and Native Fauna habitat
                   values within the Covenant Area.

         (d)       The Owner must not, and must not permit another person to, interfere with, or remove any Native
                   Vegetation from the Covenant area, other than as is reasonably required to establish and maintain the
                   maintenance path and fencing identified in (e) below, however there is to be no removal of any tree
                   identified for retention by the Conditions of the Development Approval that established this Covenant.

         (e)       The Owner must not, and must not permit another person to, have a trail, path, fence, access or access
                   way made, laid out or otherwise constructed in the Covenant Area, with the exception of the following
                   items permitted by the Conditions of the Development Approval that established this Covenant:

                   (i)      a single path, with a width no greater than 1.0m, for management purposes, to be constructed of
                            low-impact materials, such as crushed granite; and

                   (ii)     fencing of Lot boundaries, which is required to be of a fauna-friendly design.

         (f)       The Owner must notify the Council in writing of any substantial damage to Native Vegetation within the
                   Covenant Area (whether by natural occurrence or otherwise) within 14 days of the damage occurring and
                   must replant equivalent replacement species within 30 days or such other time as agreed by the Council.




3470-6053-3049v2                                                                                               111