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Meyer Judgment Sealed
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Attachment B
QUEENSLAND TITLES REGISTRY SCHEDULE / ENLARGED PANEL / Form 20 Version 2
Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 1 of 7
and Water Act 2000
Title Reference 17139160
Preamble
The purpose of this Environmental Covenant for the preservation of native plants is to provide a legal agreement between
the owner and the Noosa Shire Council to work together to provide long term retention on private land of vegetation and
Native Fauna.
Council may from time to time also have environmental programs, which Covenant Owners may be eligible to apply for, to
assist land owners enhance the environmental values of their land. These can be accessed at the Council offices.
1. DEFINITIONS
"Act'' means the Land Title Act 1994 (Qld).
"Condition" means the provisions applied by Noosa Shire Council to develop the Lots.
"Council" means the Noosa Shire Council, the Covenantee named in Item 3 of the Form 31.
"Covenant" means the terms of this document.
"Covenant Area" means an area of 539m2 to which this Covenant applies as described in Item 2 of the Form 31.
"Development Approval" means the approval granted by the Council pursuant to the Planning Act 2016 (Qld) in
respect of an Application for a Material Change of Use or Reconfiguring of Lot.
"Dispute Notice" means a notice given by one party to the other pursuant to Clause 7 of this Covenant.
"Invasive Plant" means:
• an invasive plant as defined in Schedule 1 and Schedule 2 of the Biosecurity Act 2014 (Qld) and
Schedule 4 of the Biosecurity Regulation 2016 (Qld); and
• an invasive plant as defined in Appendices 11.1 of the Noosa Biosecurity Plan 2020.
"Form 31" means the Queensland Land Registry Form 31 Covenant attached.
"Vegetation" means native vegetation which historically has naturally occurred in the local area.
"Legislative Instrument" means an instrument in writing that is of a legislative character and that was made in
the exercise of a power delegated by the Queensland Parliament.
"Lot'' means each of the Lots described in Item 2 of the Form 31.
"Native Fauna" means native animals which historically have naturally occurred in the local area.
"Owner'' means the covenant described in Item 1 of the Form 31 and includes in the case of a corporation its
successors in title and assigns and in the case of a natural person or persons their successors in title and each of
their executors, administrators and assigns.
"Planning Scheme" has the meaning given in the Planning Act 2016 (Qld) as amended.
"Vegetation" means any tree, shrub, bush, vine, grass or other living or dead plant material on the Covenant
Area other than existing structures such as fences and poles existing at the time when this Covenant comes into
force and timber imported into the Covenant Area to be used for maintenance of such existing structures.
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