Biodiversity Overlay Review

 

QUEENSLAND LAND REGISTRY SCHEDULE/ENLARGED PANELY Page? of 8

Land Tile Act 1994/Land Act 1994 ADDITONAL PAGE/ DECLARATION FORM 20 Version 2
And Water Act 2000
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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 Indigenous 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.

“Condition” means the provisions applied by Noosa Council to develop 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.

“Development Approval” means the approval granted by the Council pursuant to the Sustainable Planning Act 2009 in
respect of an Application for a Material Change of Use or Reconfiguring of Lot.

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

“Environmental Weed” means all weed species listed in the Planning Code or in the following standards and legislation
or current updates:

e Declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and Sub-ordinate
Regulation 2003.

¢ Sunshine Coast Local Government Area Pest Management Plan 2012-2016 sections 6.2.2, 6.3.2, 6.4.2, 6.5.2 and
6.6.2, as updated from time to time, a copy of which can be obtained from Council Offices.

“Form 31” means the Queensland Land Registry Form 31 Covenant attached.
“Indigenous Vegetation” means native vegetation which historically has naturally occurred in the local area.

“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.

“Owner” means the covenant described in Item 1 of the Form 31 and includes in the case of a corporation its successors
in tile 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 Sustainable Planning Act 2009 as amended.