1443 - Final Signed Judgement · OPW20/0127

i. cause or permit the construction, erection or installation of any buildings,
improvements, pipes, wires, cables or any other structures or services
whatsoever of either a temporary or permanent nature on or over or under
the Easement Area;

ii. cause or permit any obstruction, interruption, impeding, hampering or
interference with, divergent, scouring, change or alteration in or to the
overland flow above or through the Easement Area at any time;

iii. cause or permit the erection, raising, making, placing of, or allowing to
remain or stand, any additional paving or other hard stand areas
whatsoever upon the Easement Area;

iv. cause or permit any alteration in the level or gradient of the Easement
Area, or any change to its surface; or

v. remove any vegetation from the Easement Area except for general
maintenance.

The Grantor must only use, or allow to be used, the Easement Area in such a
manner that does not interfere with overland flow within the Easement Area;

The Grantor must not access that part of the Easement Area that is bounded by
pool fencing (as shown in Plan of Development Option 2) (“Restricted Area”) in
times of, or immediately after, heavy rainfall and must take all reasonable
measures to ensure that others do not access the Restricted Area in times of, or
immediately after, heavy rainfall;

The Grantor must install floodway warning signage at the four locations identified
on the Plan of Development Option 2. The signage must be installed prior to the
sealing of the plan to create the Land and must contain the following:

i. A diagrammatic representation of the flood risk;

ii. The wording: FLOODWAY WARNING, RAIN MAY CAUSE FLOOD
WATER TO RISE, KEEP OUT OF THE FENCED AREA DURING HEAVY
RAIN;

iii. Flood depth gauges; and

iv. A description of the emergency walk-out route to Mitti Street via the
elevated walkway (including an internal diagram of the house showing
how to get to the elevated walkway);

The Grantor must maintain the fencing, flaps and signage relating to the Restricted
Area to ensure they are functioning effectively at all times;

The Grantor must undertake regular inspections and routine maintenance of the
fencing, flaps and associated areas to ensure they are functioning effectively at all
times;

The Grantor must undertake monthly inspections and annual maintenance of the
fencing and flaps. Records of the maintenance must be kept and must be made
accessible to the Grantee upon reasonable request by the Grantee;

The Grantor must remove any significant debris (including debris that may
interfere with overland flow or the operation of the flaps) from the fencing and flaps
around the Restricted Area, and from within the Easement Area generally, as soon
as is practicable after rainfall event;

The Grantor must maintain within the detached house upon Lot 1, and make
accessible to all new residents (including without limitation both short-term and
long-term residents) on arrival, an information pack that contains:

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