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Attachment 4 - Option 1 Hydraulic Advice · RAL20/0005

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DRAFT CONDITIONS OPTION 1

Approved Plans, Drawings and Reports

   1. Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approval plans and supporting documents are listed in
      the following table unless otherwise amended by these conditions.

                  Plan No.         Rev.        Plan/Document Name                      Date

                  Option 1                     Plan of Development                     11/12/2019

                                               SLR Proposed Flood Hazard               30/11/2018
                  Figure 1
                                               Mitigation Strategy
                                               SLR Proposed Driveway                   Undated
                  Figure 2
                                               Fencing Solution
                                               SLR Proposed Driveway Flap              Undated
                  Figure 3
                                               Fencing Solution
                                               Barlow Shelley Walkway Plans            9/8/2017
                  SK1              1
                                               and Details

                                               SLR Technical Memorandum                23/9/2019


                                               Stormwater covenant                     undated



Access driveway

   2. The existing access driveway is to be lifted from 13.60 m AHD to a minimum surface level of
      13.80 m AHD as illustrated on SLR drawing Proposed Flood Hazard Mitigation Strategy,
      Figure 1 dated 30 November 2018.

   3. The existing 2/225 mm pipes are to be removed and replaced with 5/600 mm x 300 mm box
      culverts as illustrated on SLR drawing Proposed Flood Hazard Mitigation Strategy, Figure 1
      dated 30 November 2018.

Emergency access

   4. That part of the existing walkway in proposed lot 2 is to be demolished.

   5. The existing walkway in proposed Lot 1 is to be extended along the western boundary and
      then in a northerly direction, generally in accordance with Plan of Development Option 1, to
      a point above the 1% AEP design event.

   6. The walkway must be maintained at a height above the 1%AEP design event.

   7. The walkway extension shall be constructed in accordance with the Barlow Shelley, Walkway
      Plans & Details Dwg No. SK1 Rev 1 dated 9 August 2017 consistent with the east west
      walkway details, subject to the boundary fence between proposed Lots 1 and 2 which shall
      form the western most fencing for the walkway.
Full text of the other 15 pages

Page 2

       8. The fencing on the walkway shall be consistent with the fencing design identified on Figure
          2.

Fencing

       9. Additional fencing is to be installed as identified on Plan of Development Option 1 in
          accordance with Figure 2 and Figure 3.

       10. Where pool fencing with a flap is to be installed, Figure 3, the flap must be able to come to
           rest on a level concrete apron.

Signage

       11. The following sign must be placed at the four locations identified on the Plan of
           Development Option 1:




Stormwater drainage

       12. A stormwater open drain is to be constructed across the site in accordance with Plan of
           Development Option 1 dated 11/12/2019 and with the dimensions identified in the TUFLOW
           hydraulic modelling referred to in the SLR Technical Memorandum dated 23/9/2019.

Fill

       13. The area outside of the 3 m wide open drain identified on drawing Plan of Development
           Option 1 dated 11/12/2019 must be filled to a minimum level of 13.70m AHD, excluding the
           area of the existing drain along the southern boundary.

Stormwater covenant

       14. The owner must enter into the Stormwater covenant.

Page 3

                                                                                                                                                                                                                                                                                                                                                                                                EXISTING LEGEND
                                                                                                                                                                                                                                                                                                                                                                                                                                     EXISTING STORMWATER
                                                                                                                                                                                                                                                                                                                                                                                                                                     EXISTING SEWER MAIN
                                                                                                                                                                                                                                                                                                                                                                                                                                     EXISTING WATERMAIN
                                                                                                                                                                                                                                                                                                                                                                                                                                     EXISTING ENERGEX - OVERHEAD




                                                                                                                         1
                                                                                                                      GTP1450




                                              PLAN OF DEVELOPMENT                                                                                                                                                                                                                                                                                                                                           EXISTING LEGEND
                    E ET




                                                                                                                                                                                                                                                                                                                                                                                                                                        EXISTING SEWER MAIN

                                              OPTION 1 - 11/12/2019
                 TR




                                                                                                                                                                                                                                                                                                            CP                                                                                                                          EXISTING WATERMAIN
          IS




                                                                                                                                                                      CP
                                                                                                                                                                                                                                                                                                          GTP1450
                                                                                                                                                                 GTP1450                                                                                                                                                                                                                                                                EXISTING ENERGEX - OVER HEAD
       ITT




                                                                                             29.93m                                    EXISTING BDY                                                                                                                      EXISTING BDY                                   32.03m
     M
                 6m




                                                                                                                                                                                                  PROPOSED BDY
                                                                         EXISTING DRIVEWAY                                                                                                                                                                                                                                                                                                                              LEGEND
                4.1




                                                                                                                                                              ACCESS
                                                                                                                                                            EASEMENT A




                                                                                                                                                                                          5.48m
                                                                                                                                                                                                                                                                                                                                                                                                                                       PROPOSED LOT BOUNDARY
                                                                                                                                                               114m²

                                                      17.84m        EXISTING BDY                                        3.2                                                                                                                                EXISTING DRIVEWAY                                                                                                                                                           PROPOSED ACCESS EASEMENT
                                                                                                                              6m
                                                                                                                                      PROPOSED ACCESS EASEMENT                                                         5.28m
                                                                                                                                                 7.35m                                                                                                                                                                                                                                                                    LOT 1        LOT NUMBER
                                                                                                                                                                                                                                                                                 WALKWAY
                                                                                                                                                                                                                                                                                 EXTENSION
                                                                                                                                                                                                                                                                                 ABOVE                                                                                                                                   689m²         LOT AREA
                                                                                                                                                                                                                                                             11.                 1% EVENT
                                                                                                                                                                                                                                                      PR       34m                                                                                                                                                                     PROPOSED BOUNDARY
                                                                                                                                                                                                                                                        OP                                                                                                                                                                  32.03m
                                                                                                                                                                                                                                                            OS                                                                                                                                                                         MEASUREMENTS
                                                                                                                                                                                                                                                              ED
                                                                                                                                                                                                                                                                 BD
                                                                                                                                                                                                                                                                         Y




                                                                                                                                                                                                                                                                             T
                                                                                                                                                                                                                                                                         SE
                                                                                                                                                                                                                                                                                                                                                                                                                                       PROPOSED 600MM X 300MM BOX




                                                                                                                                                                                                                                                                         FF
                                                                                                                                                                                                                                                                                                                                                                                                                                       CULVERT (INDICATIVE)




                                                                                                                                                                                                                                                                    mO




                                                                                                                                                                                                                                                                                                                                                            ROOF LINE
                                                                                                                                                                                                                                                                   2.5




                                                                                                                                                                                                                                                                                                                                                                                    ROOF LINE
                                                                                                       24.69m




                                                                                                                                                                                                                                                                                        PROPOSED BDY
                                                                                                                                                                                                                                                                                                                                                                        EXISTING
                                                                                                                                                                                                                                                                                                                                                                                                                                       PROPOSED POOL FENCE
                                                                                                                                                                                                                                                                                                                                                                        RESIDENCE




                                                                                                                                                                                                                                                                                                                                                                                                28.39m EXISTING BDY
                                                                                                                                                                                                                               EXISTING                                                                                                                                                                                                PROPOSED POOL FENCE
                                                                                                                                                                                                                               RESIDENCE                                                                                                                                                                                               (WITH FLAP)
                                                                                                       EXISTING BDY




                                                                                                                                                                                                                                                                                 2.5m OFFSET
                                                                                                                                                                                                                                                                                                                                                                                                                                       PROPOSED STORMWATER OPEN
                                           18
                                        RP173874
                                                                                                                                                                                                                                   LOT 2                                           TO WALL
                                                                                                                                                                                                                                                                                                                                                                        LOT 1                                                          DRAIN (INDICATIVE)
                                                                                                                                                                                                                                  662m²                                                                                                                                 711m²
                                                                                                                                                                                                                                (Including                                                                                                                                                                                            PROPOSED FILL AREA
                                                                                                                                                                                                                                                                                                                                                                                                                                      (INDICATIVE)
                                                                                                                                                                                                                                  Access
                                                                                                                                                                                                                                                                                     1.5m
                                                                                                                                                                                                                               Easement A)                                          OFFSET                                                                                                                                            PROPOSED SIGNAGE
                                                                                                                                                                                                                                                                                   TO ROOF
                                                                                                                                                                                                                                                                                   CORNER




                                                                                                                                                                                                                                                                                                 17.00m
                                                                                                                                                                                                                                                                                                                                                                                                                      NOOSA
                                                                                                                                                                                                                                                                                                                                                                                                                      NATIONAL
                                                                                                                                                                                                                                                                                                                                                                                                                      PARK




                                                                                                                                                                                    25.00m                                         EXISTING BDY                                                                                           21.15m   EXISTING BDY


                                                                                                                                                                                                                                                  EXISTING WALKWAY IN PROPOSED
                                                                                                                                                                                                                                                  LOT 2 TO BE DEMOLISHED
                                                                                                                                                                                                                                                                                                                             EXISTING WALKWAY IN PROPOSED LOT 1
                                                                                                                         2                                                                                                                                                 CP                                                TO BE RETAINED AND EXTENDED
                                                                                                                      GTP1332                                                                                                                                            GTP1332




                                                                                                                                                                                                                                                                                                                                                    PROJECT:                                                                                          JOB NUMBER
REV DATE DESCRIPTION                                           BY      CHKD DRAWN
                                                                                I GDETAL
                                                                                       IS                                                             SCALE                                                                    APPROVED                                                                                                             PROPOSED RESIDENTIAL DEVELOPMENT                                                                       1443
 A   21-08-18    MINOR AMENDMENTS TO LOT BOUNDARIES            JG        TS                                                                                                                                                                                                                                                                         AT 20 MITTI STREET, NOOSA HEADS
                                                                              DATUM               AHD

                                                                              DESIGN                  JG
                                                                                                                         0              2               4              6              8                          10m      .................                                                                                                         FOR P LOXTON & S TRITTON
                                                                                                                                                                                                                                                                                                                                                                                                                                                  SHEET:    1   OF   2


                                                                                                                                                                                                                       Director: TONY SHELLEY                                                                                                       DRAWING TITLE:                                                                                DRAWING NUMBER         REV
                                                                              DRAWN                   JG
                                                                                                                                                      SCALE 1:200 A3                                                         (RPEQ 7736)
                                                                              DESIGN CHECK
                                                                                                                                                                                                                                                                                      p 07 5443 8285                                                PLAN OF DEVELOPMENT                                                                                P01               A
                                                                                                      TS
                                                                                                                                                                                                                       DRAWING STATUS                                                 e [email protected] w www.barlowshelley.com.au
                                                                              DATE               07-06-18
                                                                                                                        This drawing is not to be copied or amended without written permission from
                                                                                                                        Barlow Shelley Consulting Engineers                                                                    FOR APPROVAL                                           a PO Box 899, Maroochydore,4558 ABN 89 215 591 077            -

Page 4

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Sheet Size : A3

 

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20 Mitti Street, Noosa
Hydraulic Assessment

Proposed Flood Hazard Mitigation Strategy
FIGURE 1

 
 

 

Legend
Cc Site Boundary oO Proposed Culverts
Proposed Fencing [1] Driveway Extent

BB sotia Fin EES] concrete drain
BY Building Undercroft

 

 

 

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Page 5

 

Fig 2.

 

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Checked: .

Comments/Notes: Action:

 

TO? of fence
LEVEL 150m Ma)

WEW DRive way
LEVEL 13.% mm AMD

 

PRePaSeD DRvewAat
FENCIWG SoLUTION

 

 

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Page 7

 

 

 

FOOTING NOTES:

 

PFAPF2:

PROVIDE

 

N32 CONC
50mm MIN COVER.

150mm

GRAVELICRUSHED ROCK BED
BELOW PAD FOOTING TYPICAL.

 

 

PF2

 

 

 

 

EXISTING
FOOTING

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FOOTING LAYOUT

 

 

 

 

 

 

FOOTING LEGEND:

MARK | DESCRIPTION
PF1 | 650SQx 400D R.C. PIER CAP AS PER DETAILS
PF2 | 650W x 400D R.C. FOOTING BEAM.
SP1_ | 71SWL SCREW PIERS TO MANUFACTURERS

SPECIFICATION. CONTRACTOR TO CONFIRM
DEPTH & CAPACITY ON SITE

 

 

 

THIS DRAWING IS TO BE READ IN CONJUNCTION WITH THE
GEOTECHNICAL REPORT REFERENCE:

SITE INVESTIGATION & CLASSIFICATION REPORT:

BY: CSISOIL TESTING

REF: 10549

DATED: 19/07/2016

NOTE: THE FOOTINGS & SLAB AS DETAILED HAVE BEEN
DESIGNED FOR "P" TYPE SOIL CLASSIFICATION IN

ACCORDANCE WITH AS2870-2011.

 

 

SLOPE STABILITY ASSESSMENT REPORT
BY: TECTONIC GEOTECHNICAL

REF: 16162-001-RevO

DATED: 22/07/2016

"VERY LOW RISK" OF SLOPE INSTABILITY

 

 

 

  

 

 

 

 

 

 

 

 

 

 

FIX: 8mm END PLATE HDG.
2IM12 CHEMSET TO BLOCK
WALL. 125mm SPACING

89x5 / 75x4 SHS POST H.D.G.

 

 

 

 

 

 

      

 

 

 

 

 

 

SCALE 1:100 PROVIDE 30mm NON sin BASE PLATE CW
Se 4IM16 CAST IN ANCHOR
. / BOLTS EMBED 250mm
PF1
wit = 4 |S
WY. MOY
3
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— Sore] GRAVELICRUSHED ROCK BED
! eB BELOW PAD FOOTING TYPICAL.
oO
a
fa
&| 1IN20 THROUGH J ]
| PIER 450L 4IN12 U-BARS BOTHWAYS
x 50mm COVER.
& [GALVANISED SCREW PIER
= DESIGNED AND INSTALLED
J BY MANUFACTURER.
650 SQ
STEEL POST FIXING 4.5 043
PF2 SIM
'd:\secureshare\_design\1443 - mitti st, noosa heads\acad\walkway\1443-walkway.dwg
REV |DATE| DESCRIPTION BY |cHKD/DRAWING DETAILS SCALE APPROVED
emma] ToncorsravToN ra ET
~ ~ oA = 0 1.0 20 3.0 40 5.0m Ei Ko! Teore
IDESIGN LR
Baan aa I ey : | LINCOLN ROBERTS
SCALE 1:100 A3 (RPEQ 17393)
_] DESIGN CHECK DK - DRAWING STATUS
—— pate (09-08-2017 Peso ssithout writlen permission fom FOR CONSTRUCTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

 

 

 

 

 

 

 

 

FRAMING SCHEDULE:
MARK | DESCRIPTION
c1 | 89x5 SHS COLUMNS. 10mm BASE PLATE.
4IN12 TO FOOTING. 8mm FIN PLATES, 2/M16
8.8 TO EACH SJ1 TYPICAL
sit | 180PFC HDG
= dT]
& t = 7 SJ1 (HIGHER) o TR1 | 65x5 SHS 8mm PLATE & 2/M12 BOLT TO U/S
yl} L_ CONSULT WITH ENGINEER OF SJ1 TYPICAL.
711} FOR FIXING TO EXISTING DJt | 150x50 F14 HWD OR 145x45 MGP 12 (H3)
yt yt STRUCTURE JOISTS 2-SPAN CONT. 300mm MAX
yi ft CANTILEVER @ ENDS AS SHOWN
3 Isl SI5 ST1 | 65x4 SHS DIAGONAL STRUTITIE, 8mm PLATES
prey = M1288 BOLTS TO C1
| TRI Tf ESJ | EXISTING STRUCTURAL JOIST
; q
a] dt
q i
Vit} EXTERNAL TIMBER DURABILITY:
| 1. ALL EXTERNAL TIMBER TO BE DURABILITY CLASS 2
PL | OR BETTER IN ACCORDANCE WITH AS1720.1 AND
| | ‘AS1720.2. ALTERNATIVELY THE TIMBER CAN BE
qty oh TREATED IN ACCORDANCE WITH AS1604.
oy | TRI Ww OF 2, HARDWOOD TO BE DURABILITY CLASS 2 FREE OF
qe k _td SAPWOOD MANUFACTURED TIMBER PRODUCTS TO
yl yt BE H3 TREATED/SERVICE CLASS 3 WHERE EXPOSED.
pitt
a1
i en
| Isla} gs
yj TR 1 Locarect
i | OVER EXISTING
iii | | — FOOTING
Il}
|
a a
4
SCALE 1:100
65x4 SHS HAND RAIL STANCHIONS
@ 2400mm MAX CRS CFW TO PFC
TOP FLANGE. PROVIDE VENT
HOLES FOR GALVANISING.
7
NOTES:
} oui Dt FABRICATOR TO PROVIDE FIXING DETAILS TO ENGINEER
= Rf fs FOR VERIFICATION PRIOR TO FABRICATION.
= ALL TIMBER FIXINGS TO BE SS 316 TYPICAL.
ALL STEEL TO BE HOT DIPPED GALVANISED TYPICAL
3 3
~
§
ns__ UY _PF2- I _NSL
> © - bi?
SCALE 1:50

 

 

Barlow
Shellie:

P 075443 8285
€@ [email protected]
@ PO Box 899 Maroochydore 4558

W werw.barlowsheley.com.au

PROJECT:

PROPOSED WALKWAY

AT NO: 20 MITTI ST, NOOSA HEADS
FOR S TRITTON & P LOXTON

JOB NUMBER:

1443

 

SHEET; 1 OF 1

 

DRAWING TITLE:

 

ABN 69215 591 077

WALKWAY PLANS & DETAILS

DRAWING NUMBER | REV

SK1 1

 

 

 

 

 

Page 8

    To:          Trevor Johnson                                           At:          SLR Consulting Australia Pty Ltd
    From:        Michael Della                                            At:          SLR Consulting Australia Pty Ltd
    Date:        23 September 2019                                        Ref:         SLR Memo 23 09 19.docx
    Subject:     Mitti St, Noosa Heads
                 Hydraulic Investigation
                 Channel Widening Option


CONFIDENTIALITY
This document is confidential and may contain legally privileged information. If you are not a named or
authorised recipient you must not read, copy, distribute or act in reliance on it. If you have received this
document in error, please telephone our operator immediately and return the document by mail.



1           Introduction

A Technical Memorandum dated 30 November 2018 was previously prepared for this project.                                                       That
Memorandum describes the setup of the TUFLOW hydraulic model for the subject site.

The TUFLOW model has been modified to include the following proposed additional works within the site:
      •     widen existing 700 mm concrete channel to 3 metres;
      •     extend concrete channel to upstream property boundary; and
      •     lift overbank areas adjacent to the channel to a minimum level of 13.7 mAHD generally and to a
            minimum level of 13.8 mAHD between the channel and the southern wing of the existing rear
            dwelling.
This Memorandum describes the results of the updated modelling.


2           TUFLOW Model

As described above, the TUFLOW model (prepared previously for the analysis of the subject site) was modified
to represent the proposed new channel and overbank within the subject site.

Results of the TUFLOW analysis are shown in the following Figures:
      •     Figure 1. Peak Flood Depths – 1% AEP Event
      •     Figure 2. Impact of Proposed Works on 1% AEP Peak Flood Levels
      •     Figure 3. Peak Flood Hazard – 1% AEP Event




                 SLR Consulting Australia Pty Ltd Level 2, 15 Astor Terrace Spring Hill QLD 4000 Australia (PO Box 26 Spring Hill QLD 4004 Australia)
                                                                                                 T: +61 7 3858 4800 E: [email protected]
                                                                                                       www.slrconsulting.com ABN 29 001 584 612

Page 9

Mitti St, Noosa Heads                                    SLR Ref: SLR Memo 23 09 19.docx
Hydraulic Investigation                                          Date: 23 September 2019
Channel Widening Option




Figure 1     Peak Flood Depths – 1% AEP Event




                                                Page 2

Page 10

Mitti St, Noosa Heads                                               SLR Ref: SLR Memo 23 09 19.docx
Hydraulic Investigation                                                     Date: 23 September 2019
Channel Widening Option




Figure 2     Impact of Proposed Works on 1% AEP Peak Flood Levels




                                                   Page 3

Page 11

Mitti St, Noosa Heads                                                                SLR Ref: SLR Memo 23 09 19.docx
Hydraulic Investigation                                                                      Date: 23 September 2019
Channel Widening Option




Figure 3     Peak Flood Hazard – 1% AEP Flood Event




The results of the analysis, as shown in the Figures above, are as follows:
     •     The peak flood depths beyond the channel are less than 500 mm.
     •     The impacts of the proposed works are less than 20 mm external to the subject site.
     •     The peak flood hazard beyond the channel; is less than 0.4 m²/s.




                                                      Page 4

Page 12

PREAMBLE

The purpose of this covenant relates to the use of the Covenant Area as an area to which access is to
be restricted, the area maintained to allow stormwaters to safely flow across the Covenant Area
without causing unacceptable impacts upon adjoining land.

1. DEFINITIONS

Covenant Area means

2. COVENANT

This Covenant is for the purpose of restricting the use of the Covenant Area by restricting access to it and
permitting the flow of stormwater over it without causing unacceptable impacts on adjoining land.

3. 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 restrict access and allow stormwaters to safely
             flow across the covenant area without causing unacceptable impacts upon adjoining
             land.

4. OWNER’S OBLIGATIONS
4.1   The Owner shall, unless otherwise agreed in writing by the Council, fully and effectively observe
      and comply with the obligations, to 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 a manner that maintains and protects the stormwater flows
             within the Covenant Area.

      (d)    The Owner must not access the Covenant Area in times of heavy rainfall and take
             reasonable measures to ensure others do not access the Covenant Area in times of
             heavy rainfall.

      (e)    The Owner must maintain the fencing and signage relating to the Covenant Area.

      (f)    The Owner must ensure that the fencing around the covenant area is largely kept free
             from debris.

5. POWERS OF ENTRY

5.1     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

Page 13

       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;

      (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.

6. NOTICE BEFORE ENTRY
The Council must give reasonable notice of any intention to enter the Covenant Area except in cases
of emergency or where the Council on reasonable grounds considers that the delay in giving notices
is prejudicial to its responsibilities.

7. REMEDY FOR NON-COMPLIANCE

7.1   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").

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

7.3   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 rehabilitation or remedial work or anything else to
      rectify the non-compliance and recover all of the costs of performing the work as a debt from
      the Owner payable on demand.

8. DEFAULT BY OWNER

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

8.2   The Council may exercise its powers under the Planning Act 2016 and other statutory
      provisions in the event of a breach of this Covenant.

8.3   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.

8.4   The Owner shall not be in breach of this Covenant for any damage in the Covenant Area
      caused by any natural occurrence or otherwise caused by something beyond the control of
      the Owner, however the Owner must perform any rehabilitation or remedial work or anything
      else to rectify the non-compliance within a reasonable time.

8.5   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.

Page 14

9. SETTLEMENT OF DISPUTES

9.1     This clause shall apply to any dispute between the parties to this Covenant.
9.2   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 dearly identified in a Dispute
      Notice served by one party on the other party.

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

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

9.5   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.

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

9.7     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.

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

9.9     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.

10. SERVICE

10.1 A notice is sufficiently made, given, issued or served by a party 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.

10.2 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.

10.3 In proving service of a notice made, given or served by the Council it is only necessary for the
     Council to certify to that effect under the hand of the Chief Executive Officer.

10.4 A notice given by a party must be:

      (a)     in writing; and

      (b)     signed by the party, an officer of that party or the solicitor of that party.

Page 15

      (c)    A party receiving a notice is not obliged to enquire as to the authority of the person
             signing the notice.

11. COVENANT RUNS WITH THE LAND

This Covenant burdens the Lot and runs with the Lot and binds the successors in title to the Lot and
to any parcel into which that Lot is reconfigured by any means.

12. NO EFFECT ON RATES AND CHARGES AND COMPLIANCE WITH CLAUSE

For the avoidance of doubt, nothing in this Covenant:

      (a)    affects the liability of the Owner to pay all taxes, rates, charges and levies lawfully
             imposed in respect of the Lot; and

      (b)    imposes a liability on the Council to make a monetary payment to the Owner in the
             form of compensation or otherwise.

13. REGISTRATION

13.1 The Owner shall do everything necessary at the Owner's expense to ensure that this Covenant
      is registered against the title to the Lot within one month after the execution of this Covenant
      by Council.

13.2 The Council shall do everything necessary (including executing any documents) to give effect
      to this Covenant.

14. WAIVER

14.1 No waiver by the Council of any breach by the Owner of any of the provisions of this Covenant
     shall be implied against the Council or be otherwise effective unless it is in writing under the
     hand of the Chief Executive Officer.

14.2 A single or partial exercise or waiver of a right relating to this document will not prevent any
     other exercise of that right or any other right.

15. LACHES AND DELAY

No laches or delay by the Council at any time or times in enforcing any of its rights, powers and the
like under this Covenant prejudice or affect those rights or powers.

16. SEVERANCE

If any provision of this Covenant cannot be given effect or full force and effect by reason of statutory
invalidity that provision shall be severed or read down but so as to maintain and uphold so far as
possible the remaining provisions of this Covenant.

17. ENUREMENT

This Covenant binds the parties to it and their respective successors, assigns, heirs, executors and
administrators.

18. NO OBLIGATIONS ON COUNCIL

The rights given to the Council by this Covenant are permissive only and nothing in this Covenant
imposes any duty of any kind on the Council to anyone or obliges the Council to perform any act or
incur any expense for any of the purposes set out in this Covenant

Page 16

19. TIME

Time shall, in all cases, be of the essence in this Covenant.

20. CONFLICT

Nothing in this Covenant will limit any right given to the Council pursuant to any easement or other
document granted to or that benefits the Council in the Covenant Area registered before or after the
creation of this Covenant.

21. INTERPRETATION

21.1 The headings and the Preamble in this Covenant are for convenience only and do not affect its
     interpretation.
21.2 References to -

      (a)    the singular includes the plural and the plural includes the singular;

      (b)    one gender includes each other gender;

      (c)    a person includes a body corporate;

      (d)    a party includes the party's executors, administrators, successors and any assignee of
             this Agreement.

22. INSPECTION OF MANAGEMENT PLANS, DEVELOPMENT APPROVALS, ET CETERA

Any person wishing to inspect any plan, management plan, Development Approval or any other
document available for public inspection by this Covenant may do so after making application to the
Council on the conditions set from time to time by the Council including the payment of the
Council's prescribed fees, adherence to the Council's prescribed time limits and provision of any
other information that the Council may require to process the application.

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