Biodiversity Overlay Review

 

QUEENSLAND LAND REGISTRY SCHEDULE/ENLARGED PANEL/ Page 4 of 8
Land Title Act 1994/Land Act 1994 ADDITONAL PAGE/ DECLARATION FORM 20 Version 2
And Water Act 2000

4.2

4.3

(h)

(i)

G)

(k)

0)

(m)

(n)

(0)

()]

Title Reference ()

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

The Owner must not do, or permit another person to do, anything on the Lot which, in the
Council’s reasonable opinion, may adversely affect the Covenant Area.

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

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 within 60 days of the damage occurring.

The Owner must not, or 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.

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

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

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. No clearing of
the Coveant Area is permitted in maintenance of the fence.

The boundary of the Covenant Area 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.

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 Pianning Scheme,
the Legislative Instrument or Planning Scheme approval shail prevail to the extent of the inconsistency.

Notwithstanding clause 4.1, if Indigenous Vegetation in the Covenant Area poses a serlous risk to
human safety, including bushfire risk:

a)

b)

c)

The indigenous Vegetation may be cut down or trimmed so as to remove the risk with the prior
written consent of the Council, whose consent will not be unreasonably withheld provided an
Arborist report is included to support the facis where required: and

The indigenous Vegetation which is cut or trimmed must be left in the Covenant Area so that
natural regeneration processes may occur unless it would in the Council’s reasonable opinion,
constitute a serious fire hazard.

Any claim of bushfire risk must be supported by a Bushfire Management Plan produced by a
televantly qualified consultant, and the plan must be approved by Council Officers before any
clearing occurs.