Attachment 4 - Option 1 Hydraulic Advice · RAL20/0005

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