Meyer Judgment Sealed

QUEENSLAND TITLES REGISTRY                 SCHEDULE / ENLARGED PANEL /                                      Form 20 Version 2
Land Title Act 1994, Land Act 1994        ADDITIONAL PAGE / DECLARATION                                         Page 3 of 7
and Water Act 2000


                                                  Title Reference 17139160


         (h)       The Owner must not, or permit another person to, have either placed or present or store in the Covenant
                   Area the following: fill, soil, rock, rubbish, ashes, garbage, waste or other material that is foreign to
                   Covenant Area and does not reflect the conditions of growth naturally encountered by the Vegetation of
                   the Covenant Area.

         (i)       The Owner must not do, or permit another person to do, anything on the Lot which, in the Council's
                   reasonable opinion, may adversely affect the Covenant Area.

         (j)       The Owner must not, or permit another person to, have a fixture, improvement, or structure placed,
                   constructed or erected in the Covenant Area, except for a pathway and any stormwater filtration
                   infrastructure permitted by, and constructed in accordance with, the Development Approval and
                   subsequent approvals.

         (k)       The Owner must remove any unauthorised fixture, improvement or structure from the Covenant Area
                   within 30 days of its presence becoming known to the Owner and attend to having damaged vegetation
                   replanted with equivalent replacement species within 60 days of the damage occurring.

         (l)       The Owner must not, or permit another person to, allow the Covenant Area to be used for the disposal of
                   treated or untreated effluent from any sewage or greywater systems.

         (m)       The Covenant Area must not be grazed by non-native animals (e.g. cattle, sheep, goats, pigs, deer,
                   rabbits, hares, etc).

         (n)       The boundary of the Covenant Area must be delineated with permanent markers made of steel or
                   concrete posts at each corner and at intervals of no greater than 20m. The markers must be maintained
                   and replaced if necessary, and no clearing is permitted in the Covenant Area for maintenance and
                   replacement of the markers.

4.2      In the event that an exercise of the obligations under clause 4.1 are found to be inconsistent with the relevant
         provisions of any approval given under any Legislative Instrument or the Planning Scheme, the Legislative
         Instrument or Planning Scheme approval shall prevail to the extent of the inconsistency.

4.3      Notwithstanding clause 4.1, if Vegetation in the Covenant Area poses a serious risk to human safety, including
         bushfire risk:

         (a)       The Vegetation may be cut down or trimmed so as to remove the risk with the prior written consent of the
                   Council, whose consent will not be unreasonably withheld provided an Arborist report is included to
                   support the facts where required; and

         (b)       The Vegetation which is cut or trimmed must be left in the Covenant Area so that natural regeneration
                   processes may occur unless it would in the Council’s reasonable opinion, constitute a serious fire hazard;
                   and

         (c)       any claim of bushfire risk must be supported by a Bushfire Management Plan produced by a relevantly
                   qualified consultant, and the plan must be approved by Council Officers before any clearing occurs.

4.4      For the avoidance of doubt, the obligations under this clause 4 strictly rest with the Owner and are continuing
         obligations on the Owner, and continue to apply to the Owner notwithstanding that the Owner may not actually
         occupy the Land.


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 al all times, upon having first given reasonable notice to the Owner




1v74368555
                                                                                                                            12