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 4 of 7
and Water Act 2000


                                               Title Reference [Title Reference]


         or any person occupying the Lot to enter into and upon the Lot with all necessary plant and equipment for any of
         the following purposes:

         (a)       examining, inspecting, testing and monitoring the state and condition of the Covenant Area(s);

         (b)       ascertaining whether the obligations of the Owner in clause 4 have been duly performed and fulfilled;

         (c)       subject to clause 6, making good any breach of the obligations of the Owner under clause 4, at the cost
                   and expense of the Owner; and

         (d)       exercising the Council's right under Clause 7.


6.       NOTICE BEFORE ENTRY
         The Council must give reasonable notice of any intention to enter the Covenant Area(s) except in cases of
         emergency or where the Council on reasonable grounds considers that the delay in giving notices is prejudicial to
         its responsibilities.


7.       REMEDY FOR NON-COMPLIANCE
7.1      In the event of non-compliance with the obligations in clause 4, the Council may issue a written notice to the
         Owner requiring the Owner to rectify the non-compliance ("the Rectification Notice").

7.2      The Owner must comply with the Rectification Notice within 14 days of the issue of the Rectification Notice or
         such other reasonable time period as may be specified in the Rectification Notice, regardless of whether or not
         the Owner is responsible for the non-compliance.

7.3      In the event that the Owner fails to comply with the Rectification Notice within the time allowed In accordance with
         clause 7.2, the Council may, by itself or by an agent or contractor, enter the Covenant Area, perform any planting,
         replanting, rehabilitation or remedial work or anything else to restore any Native Vegetation harmed or damaged
         by the non-compliance and recover all of the costs of performing the work as a debt from the Owner payable on
         demand.


8.       DEFAULT BY OWNER
8.1      If the Council forms the view that the Owner has breached the Covenant, the Council agrees to proceed in
         accordance with clause 8.

8.2      The Council may exercise its enforcement powers under the Planning Act 2016 (Qld) and other statutory
         provisions in the event of a breach of this Covenant or conditions of the Development Approval.

8.3      The Owner is only liable for breaches of this Covenant caused or contributed to by the Owner or its authorised
         agents, or which It permits or allows.

8.4      The Owner shall not be in breach of this Covenant for any damage to the Native Vegetation in the Covenant
         Area(s) caused by any natural occurrence or otherwise caused by something beyond the control of the Owner,
         however if deemed desirable by Council the Owner must replant and continue to maintain the Covenant Area for
         2 months or other time period agreed to in writing by Council.

8.5      The Owner Is liable only for breaches of this Covenant which occur while the Owner is the registered owner of
         any interest in the Lot and then only to the extent of that interest.




3470-6053-3049v2                                                                                              113