102995-10 Permissible change request

                                                                                     -      ..
25 September 2015
Bunnings Group Limited
Bunnings Noosaville - Compliance with Conditions of ROL Permit



             circumstances, it is the author of the geotechnical report (an RPEQ) who becomes
             liable for any subsequent geotechnical failure, not the local government.

5            No utility in condition 9.2 requiring an indemnity
5.1          Given that
             (i)      a condition requiring an indemnity in favour of Council would be unlawful;
             (ii)     even if Bunnings agreed to the indemnity in the condition now, a
                      subsequent purchaser could later apply to the Court to have it set aside;
                      and
             (iii)    the registration of the covenant adequately shifts liability onto Douglas
                      Partners and protects Council,
             there is no utility whatsoever in amending condition 9.2 to require an indemnity in
             favour of Council.
5.2          If you have any further queries, please contact Brent Lillywhite on 3228 9420 or
             Michael Leong on 3228 9474.




:;:lt~e~tgarth
Yours faithfully




Brent Lillywhite
Senior Associate




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