Meeting papers

QUEENSLAND LAND REGISTRY                                      SCHEDULE                                         Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000                                                              Page 1 of 5
                                                    Title Reference [             ]


   4.4.    Where the Council issues a written direction pursuant to Clause 4.3, the Covenantor shall comply with
           the directions within 14 days or such other time period as may be specified in the direction.

   4.5.    In the event that the Covenantor fails to comply with a written direction within the time allowed in accordance
           with Clause 4.4, the Council or its agents may enter the Land, perform the work required to rectify the non-
           compliance and recover from the Covenantor the costs of performing that work as a debt.

   5.      Access and Inspection

           The Council and its officers and contractors shall be entitled to enter upon the Land at all reasonable times on
           reasonable notice to inspect the Conservation W orks provided that in entering upon the Land it causes as little
           disturbance to the Conservation Area and the Covenantor as is possible in the circumstances. No such notice
           need be given by the Council in the event of an emergency such as an imminent risk of substantial damage to
           the Conservation Works or vegetation in the Covenant Area.

   6.      Notice of Intended Change in Ownership

           Where the Covenantor intends to transfer title to the Land to another person, the Covenantor must notify the
           Council in writing of the intended transfer and the name and address of the proposed new owner of the Land
           at least 14 days prior to the change of ownership or control.

 7.       Settlement of Disputes

 7.1      This clause shall apply to any dispute between the parties to this Covenant.

 7.2      Any dispute as to the performance of this Covenant or arising out of this Covenant that has not been resolved
          by agreement between the parties must be clearly identified in a Dispute Notice served by one party on the other
          party.

 7.3      Within five (5) days of the date of the Dispute Notice, the parties must meet to discuss the dispute and its
          possible determination.

 7.4      The parties may, within seven (7) days of meeting in accordance with clause 7.3, agree to refer the dispute to
          mediation.

 7.5      If the parties agree to mediate in accordance with clause 7.4, then the parties may either:

          (a)    appoint a mediator agreed by the parties; or

          (b)    where the parties fail to agree to the appointment of a mediator within the period referred to in clause 7.4,
                 either party may request for the President for the time being of the Queensland Law Society Incorporated
                 to nominate a mediator which the parties must then appoint as the mediator.

 7.6      The costs of any mediator appointed under clause 7.5 must be borne equally by the parties.

 7.7      If any dispute notified under clause 7.2 remains unresolved, then at any time fourteen (14) days after the date
          of a Dispute Notice, and whether before or after reference of a dispute to a mediator under clause 7.5, either
          party may institute proceedings In the appropriate court for determination of the dispute.

 7.8      The parties may mutually agree in writing to extend any time period specified in this clause 7.

 7.9      Clause 7 of this Covenant does not prevent the Covenantor or the Council from obtaining any injunctive
          declaratory or other Interlocutory relief from a court, which may be urgently required.

 8.       Services

 8.1      A notice is sufficiently made, given, issued or served by a party if left at or forwarded by prepaid post in an
          envelope addressed to the other party or any of them (where there are more persons than one person comprising
          the other party} at the address of that party.

 8.2      A notice if sent by prepaid post is deemed to have been made, given, issued or served at the time when in the
          due course of the post it would be delivered at the address to which it is directed whether or not it is actually
          received.

 8.3      In proving service of a notice made, given or served by the Council it is only necessary for the Council to certify
          to that effect under the hand of the Chief Executive Officer.

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