Meyer Judgment Sealed

            vi.     Any failed plants within the previous 12 month period have been replaced.
            vii.    Healthy and vigorous growth allowed to grow to full form.
            viii.   Mulch layer sufficient to suppress weeds.
      Vegetation Preservation Covenant
19.   A vegetation protection covenant must be registered against the titles of the properties over
      the land area identified as ‘New Covenant Area of 539m2’ on the Approved Plans pursuant
      to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must
      be submitted to Council for endorsement prior to lodgement with the relevant titles authority
      for registration of title. The covenant document must:
      a.    incorporate the requirements of this approval.
      b.    include Noosa Shire Council as Covenantee.
      c.    be in the same terms as Attachment A and Attachment B unless variations are
            approved in writing by the Chief Executive Officer of Council;
      d.    use the following draft documents
      i.    Form 31 Draft Covenant ‘Attachment A’ (provided by McCullough Robertson Lawyers).
      ii.   Form 20 Annexure to Covenant ‘Attachment B’ (provided by McCullough Robertson
            Lawyers).
      e.    recognise the Landscape Revegetation Package, prepared by, Covey Associates Pty
            Ltd, Revision F – dated 19 August 2024.
      f.    recognise a gravel pathway no wider than one metre in width is permitted within the
            covenant area in accordance with Plan L101 of the Landscape Revegetation Package,
            prepared by, Covey Associates Pty Ltd, Revision F – dated 19 August 2024.
      g.    recognise the stormwater infiltration system which will be built in the covenant area.
      h.    specify that no fencing is permitted in the covenant area.
20.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
21.   A clause must be included in any contract of sale for Lots 50 and 51 which permits the
      applicant (and its agents, servants, employees, contractors, and subcontractors, and other
      persons authorised by it) uninhibited access for the purpose of rehabilitation and
      maintenance of the rehabilitation area in accordance with the approved plans. Uninhibited
      access for compliance inspections of the rehabilitation area in accordance with the conditions
      of this approval must be provided at all times.
22.   Prior to the approval of the plans of subdivision for Lots 50 and 51, a bank guarantee or a
      bond of $30,000 per lot (a total of $60,000) must be lodged as security for the completion of
      the rehabilitation and three year performance maintenance period identified in the conditions
      of this approval.
23.   The following amounts of the bank guarantee/bond may be returned at the end of each
      performance criteria year following Council approval as follows:
      a.    Year 1 - $10,000 per lot (total of $20,000)
      b.    Year 2 - $10,000 per lot (total of $20,000)
      c.    Year 3 - $10,000 per lot (total of $20,000)




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