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 3 of 7
and Water Act 2000


                                                 Title Reference [Title Reference]


         (g)       The Owner must not introduce, or allow to be introduced, and take reasonable measures to remove, any
                   Vegetation in the Covenant Area which is:

                   (i)      not Native Vegetation, unless agreed to by Council; or

                   (ii)     an Invasive Plant.

         (h)       The Owner must not, and must not permit another person to, place or store in the Covenant Area the
                   following: fill, soil, rock, rubbish, ashes, garbage, waste or other material that is foreign to the Covenant
                   Area and does not reflect the conditions of growth naturally encountered by the Native Vegetation of the
                   Covenant Area.

         (i)       The Owner must not do, or permit another person to do, anything on the Lot which may adversely affect
                   the Covenant Area.

         (j)       The Owner must not, and must not permit another person to, have a fixture, improvement, or structure
                   placed, constructed or erected in the Covenant Area.

         (k)       The Owner must remove any fixture, improvement or structure from the Covenant Area within 30 days of
                   its presence becoming known to the Owner and attend to having damaged vegetation replanted with
                   equivalent replacement species within 60 days of the damage occurring.

         (l)       The Owner must not, and must not permit another person to, allow the Covenant Area to be used for the
                   disposal of treated or untreated effluent from any sewage or greywater systems.

         (m)       The Covenant Area must not be grazed by non-native animals (e.g. cattle, sheep, goats, pigs, deer,
                   rabbits, hares, etc).

         (n)       If deemed necessary by Council officers, non-native animals are to be excluded from the Covenant Area
                   by appropriate fencing.

         (o)       Any fencing within or on the boundary of the Covenant Area shall not incorporate any barbed wire,
                   electric fences or other materials that may cause damage to Native Fauna. Any clearing of the Covenant
                   Area for establishment and maintenance of the fence is limited to 1.0m either side of the fence, however
                   there is to be no removal of any tree identified for retention by the Conditions of the Development
                   Approval that established this Covenant.

         (p)       The boundary of the Covenant Area, where it does not coincide with the Lot boundaries, must be
                   delineated with permanent markers made of steel or concrete posts at each corner and at intervals of no
                   greater than 20m. The markers must be maintained and replaced if necessary, and no clearing is
                   permitted in the Covenant Area for maintenance and replacement of the markers. Where the boundary of
                   the Covenant Area coincides with the Lot boundaries, it may be fenced, providing that it is of a fauna-
                   friendly design in accordance with the Conditions of the Development Approval that established this
                   Covenant.

4.2      In the event that an exercise of the obligations under clause 4.1 are found to be inconsistent with the relevant
         provisions of any approval given under any Legislative Instrument or the Planning Scheme, the Legislative
         Instrument or Planning Scheme approval shall prevail to the extent of the inconsistency.

4.3      For the avoidance of doubt, the obligations under this clause 4 strictly rest with the Owner and are continuing
         obligations on the Owner, and continue to apply to the Owner notwithstanding that the Owner may not actually
         occupy the Land.


5.       POWERS OF ENTRY
5.1      The Owner will permit the Council and its members, officers, agents, servants, employees, contractors and sub-
         contractors and other persons authorised by it at all times, upon having first given reasonable notice to the Owner


3470-6053-3049v2                                                                                                   112