Biodiversity Overlay Review

QUEENSLAND LAND REGISTRY SCHEDULE/ENLARGED PANEL/ Page 6 of 8
Land Title Act 1994/Land Act 1994 ADDITONAL PAGE/ DECLARATION FORM 20 Version 2
And Water Act 2000

Title Reference ()
8.4 The Owner shall not be in breach of this Covenant for any damage to the Indigenous Vegetation in

8.5

9.

9.1

9.2

9.3

9.4

9.5

9.6
9.7

9.8
9.9

10.
10.1

10.2

the Covenant Area(s) caused by any natura! 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,

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.

SETTLEMENT OF DISPUTES

This clause shall apply to any dispute between the parties to this Covenant.

Any dispute as to the performance of this Covenant or arising out of this Covenant that has not been
resolved by agreement between the parties must be clearly identified in a Dispute Notice served by
one party on the other party.

Within five (5) days of the date of the Dispute Notice, the parties must meet to discuss the dispute
and its possible determination.

The parties may, within seven (7) days of meeting in accordance with clause 9.3, agree to refer the
dispute to mediation.

If the parties agree to mediate in accordance with clause 9.4, then the parties may either:
(a) appoint a mediator agreed by the parties; or

(b) where the parties fail to agree to the appointment of a mediator within the period referred to
in clause 9.4, either party may request for the President for the time being of the
Queensland Law Society incorporated to nominate a mediator which the parties must then
appoint as the mediator,

The costs of any mediator appointed under clause 9.5 must be borne equally by the parties.

If any dispute notified under clause 9.2 remains unresolved, then at any time fourteen (14) days after
the date of a Dispute Notice, and whether before or after reference of a dispute to a mediator under
clause 9.5, either party may institute proceedings in the appropriate court for determination of the
dispute.

The parties may mutually agree in writing to extend any time period specified in this clause 9.

Clause 9 of this Covenant does not prevent the Owner or the Council from obtaining any injunctive
declaratory or other interlocutory relief from a court, which may be urgently required.

SERVICE

A notice is sufficiently made, given, issued or served by a party if left at or forwarded by prepaid post
in an envelope addressed to the other party or any of them (where there are more persons than one
Person comprising the other party) at the address of that party.

A notice if sent by prepaid post is deemed to have been made, given, issued or served at the time
when in the due course of the post it would be delivered at the address to which it is directed
whether or not it is actually received.