Biodiversity Overlay Review

 

QUEENSLAND LAND REGISTRY SCHEDULE/ENLARGED PANEL/ Page Sof 8

Land Title Act 1994/Land Act 1994 ADDITONAL PAGE/ DECLARATION FORM 20 Version 2
And Water Act 2000

Title Reference ()
4.4 For the avoidance of doubt, the obligations under this clause 4 strictly rest with the Owner and are

5.1

71

7.2

7.3

8.1

8.2

8.3

continuing obligations on the Owner, and continue to apply to the Owner notwithstanding that the
Owner may not actually occupy the Land.

POWERS OF ENTRY

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 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.
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.

REMEDY FOR NON-COMPLIANCE

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”).

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,
regardiess of whether or not the Owner is responsible for the non-compliance.

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 Indigenous 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.

DEFAULT BY OWNER

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

The Council may exercise its powers under the Statutory Planning Act 1997 and other statutory
provisions in the event of a breach of this Covenant.

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.