Attachment 4 - Option 1 Hydraulic Advice · RAL20/0005

       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.