Biodiversity Overlay Review

 

QUEENSLAND LAND REGISTRY SCHEDULE/ENLARGED PANEL/ Page 3 of 8
Land Title Act 1994/Land Act 1994 ADDITONAL PAGE/ DECLARATION FORM 20 Version 2
And Water Act 2000

4.
4.1

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.

COVENANT

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

ACKNOWLEDGEMENTS
The parties acknowledged and agree that:
(a) The registration of the Covenant is a condition of a 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;

(c) The key objective of the Covenant is to retain and enhance the Indigenous Vegetation within
the Covenant Area(s)

OWNER'S OBLIGATIONS

The Owner shall, unless otherwise agreed in writing by the Council, fully and effectively observe and
comply with the obligations, te the satisfaction of Council, as follows:

(a) The Owner must comply with the Condition(s) of the Development Approval that established
this Covenant.

(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 @ manner that maintains and protects the Indigenous Vegetation and Native Fauna
habitat vaiues within the Covenant Area.

(d) The Qwner must not, or permit another person to, have Indigenous Vegetation in the Covenant
Area trimmed, pruned, lopped, poisoned, harvested, picked, cut down, mown, moved, removed,
grazed by domestic stock or in any way damaged or destrayed, whether by act or omission.

(e) The Owner must not, or permit another person to, have a trail, path, fence, access or access
way made, laid out or other constructed element in the Covenant Area.

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

(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 Indigenous Vegetation, unless agreed to by Council; or

(ii) an Environmental Weed.