rpd owner easements/covenant purpose benefiting …

RPD OWNER EASEMENTS/COVENANT PURPOSE BENEFITING NOTES

Lots 20 SP219217 ATTACHMENT 1

SH COOLUM PTY LTD A.C.N. 146 376 972

Cov G/SP238214 Vegetation Retention

Sunshine Coast Regional Council

s.5.1(m) In the event that an exercise of the obligations in clause 5.1 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. Allows planning scheme approval to override covenant. No prohibition or requirement to obtain consent to lodge development application over covenant area.

Emt DB/SP219217 Drainage Lot 12 SP238214 Lot 12 forms part of the application

Emt R/SP238214 Right of Way & Services

Lot 10 SP238215 Lot 12 & 19 SP238214

Lot 10 Palmer Coolum Resort Lot 12 forms part of the application Lot 19 Palmer Coolum Resort (Beachclub) S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


Lot 15 SP238214 Lot 15 forms part of the application S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


Lot 16 SP238214 Lot 16 forms part of the application S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


Lot 18 SP238214 (Belle Mare)

Belle Mare CTS S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


Lot 21 SP238214 (Whitehaven Stage 2)

Whitehaven Stage 2 CTS S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


Lot 22 SP238214 (Cala Luna)

Cala Luna S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.


BODY CORPORATE FOR COOLUM BEACHSIDE COMMUNITY TITLES SCHEME 38537

S. 5 Relocation – allows grantor to at any time construct an alternate easement over the grantors land to the dominant tenement.

Emt Q/SP238214 Right of Way & Services

Lot 10 SP238215 Lot 12 & 19 SP238214


Emt ZZ/SP285886 Supply of Electricity

ENERGEX LIMITED A.C.N. 078 849 055

No change to easement proposed.

Lot 25 SP269561 ATTACHMENT 2




Emt N/SP238214 Right of Way & Services

Lot 10 SP238215 Lot 12 & 19 SP238214


Emt A/SP235641 Right of Way & Services

Lot 10 SP238215 Lot 19 SP238214

Lot 10 Palmer Coolum Resort Lot 19 Palmer Coolum Resort (Beachclub) No change to easement proposed.





Emt O/SP238214 Right of Way/Access

Lot 10 SP238215 Lot 12 & 19 SP238214


Emt DA/SP219217 Sewerage Lot 12 SP238214 Lot 12 forms part of the application











Emt P/SP238214 Right of Way & Services

Lot 10 SP238215 Lots 12 & 19 SP238214


Emt P/SP238214 Right of Way & Services

Lot 16 SP238214 Lot 16 forms part of the application

ATTACHMENT 1

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25587701Search Date: 21/03/2017 09:05 Title Reference: 50866302 Date Created: 02/12/2011 Previous Title: 50843762 REGISTERED OWNER Dealing No: 714176453 23/11/2011

SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 20 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. COVENANT No 713787500 01/04/2011 at 08:49 SUNSHINE COAST REGIONAL COUNCIL OVER COVENANT G ON SP238214 3. EASEMENT No 713787508 01/04/2011 at 08:54 burdening the land to LOT 10 ON SP238215 AND LOTS 12 AND 19 ON SP238214 OVER EASEMENT Q ON SP238214 4. AMENDMENT No 716531313 02/06/2015 at 13:28 EASEMENT: 713787508 5. EASEMENT No 713787513 01/04/2011 at 08:55 burdening the land to LOT 10 ON SP238215 AND LOTS 12 AND 19 ON SP238214 OVER EASEMENT R ON SP238214 6. EASEMENT No 713787514 01/04/2011 at 08:55 burdening the land to LOT 15 ON SP238214 OVER EASEMENT R ON SP238214 7. EASEMENT No 713787516 01/04/2011 at 08:56 burdening the land to LOT 16 ON SP238214 OVER EASEMENT R ON SP238214 Page 1/2

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25587701Search Date: 21/03/2017 09:05 Title Reference: 50866302 Date Created: 02/12/2011 EASEMENTS, ENCUMBRANCES AND INTERESTS 8. EASEMENT No 713787517 01/04/2011 at 08:56 burdening the land to LOT 18 ON SP238214 OVER EASEMENT R ON SP238214 9. EASEMENT No 713787518 01/04/2011 at 08:56 burdening the land to LOT 21 ON SP238214 OVER EASEMENT R ON SP238214 10. EASEMENT No 713787520 01/04/2011 at 08:56 burdening the land to LOT 22 ON SP238214 OVER EASEMENT R ON SP238214 11. EASEMENT No 713787521 01/04/2011 at 08:56 burdening the land to BODY CORPORATE FOR COOLUM BEACHSIDE COMMUNITY TITLES SCHEME 38537 OVER EASEMENT R ON SP238214 12. EASEMENT No 715119862 04/06/2013 at 09:25 burdening the land to LOT 12 ON SP238214 OVER EASEMENT DB ON SP219217 13. EASEMENT IN GROSS No 717419352 01/08/2016 at 15:11 burdening the land ENERGEX LIMITED A.C.N. 078 849 055 over EASEMENT ZZ ON SP285886 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No

Caution - Charges do not necessarily appear in order of priority

** End of Current Title Search **

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2017]Requested By: D-ENQ GLOBAL X Page 2/2

713787500 VO REGISTERED Recorded Date 01/04/2011 08:49 Page 1 of 8

QUEENSLAND LAND REGISTRY

Land TiUe Act 1994 and Land Act 1994 r-

t- 14 -fS;\IT1[f!-t"I)

COVENANT FORM 31 Version 3

Page 1 of 8

Lodger l

BE 616 1. Covenanter

713617287 713787500

$127.90 $127.90

01/04/2011 08:49

Lodger (Name, address, E-mail & phone number)

reehills 1X 255 BRISBANE OLD el: (07) 3258 6666 :el: CTB:SGB:81536551

Code

108A

Coeur De Lion Investments Ply Limited ACN 006 334 872

2. Description of Covenant / Lot on Plan

Covenant G on SP~1~~2.I+

3. Covenantee

Sunshine Coast Regional Council

county

CANNING

Parish

MAROOCHY

Title Reference

50579525, 50724901, 50579527 & 50724903 (new title to issue)

4. Description of Covenant (indude reference to relevant section of legislation)

Pursuant to s. 97A (3)(b) of the Land Title Act 1994

5. Execution The Covenantor being the registered owner of the lot described in item 2 covenants with the Covenantee in respect of the covenant described in item 4 and:- *the attached schedule; *tl:le iHtasl:leet ssl=leEh:de aAEt 'CilesuJJieRt Re. . . . ; etesw~eRt R9 ............ . • delete if not applicable

Witnessing officer must be aware of his/her obligations under section 162 of the Land Tide Act 1994

............ ~ .. ~ ........ signature

4.~,.~ ... ~~.~ ... full name

........... ~ .... ~., .. lc>.1<?.1Q ........ qualification

Witnessing Officer (Witnessing officer must be in accordance with Schedule 1 of Land Tide Act 1994 eg Legal Praditioner, JP, C Dec)

"'-~i:~_.' t-·· , · ... signature

~.t:.'1 ... ½?.'J.1., ' .. ~.~'.<?.~eiafname

....... ~:.:: .. 'f!.~,f , .. :'. qualification

Witnessing Officer (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

LFreehills I BRIPR121115983524

© The State of Queensland (Dept of Natural Resources and Mines) 2017

Execution Date

2 . .1.il.1.iQ

Execution Date

Coeur De Lion Investments Pty Limited ACN 006 334 872 by its duly constttuted attorney

..................... u~ .... t:t.A•R.. ................... . pursuant to registered power of attorney no. 713096928

........... cS>dL ........................... , ............. . Signature

Covenanter's Signature

.... M ................................. . ,111111111111111111111111111111111111111 IIU 111 llllllt"''"""""" ..

DELEGATEO OFFICER ADRIAN HALL COORDINATOR • llfcVieBiMliMTsllri\llitieTION OPERATIONAL WORKS ASSESSMENT SUNSHINE COAST REGIONAL COUNCIL

Printed 17 September 201 O (15:27) J

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

Page 2 of 8 ~nd TiUe Act 1994, Land Act 1994 and Water Act 2000

l Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

This is the attached schedule referred to in Item 5 of the Form 31 Covenant.

1

1.1

1.2

2

L

PREAMBLE

The purpose of this Covenant is to provide a legal agreement between the Owner and the Council to work together to provide long term retention on private land of Indigenous Vegetation and Native Fauna.

Council may from time to lime also have environmental programs, which the Owner may be eligible to apply for, to assist land owners enhance the environmental values of their land. These can be accessed at Council offices.

DEFINITIONS

(a) "Condition" means those Condition(s) of the Development Approval for the property which is/are relevant to the Covenant.

(b) "Council" means the Sunshine Coast Regional Council, the Covenantee named in Item 3.

(c) "Covenant Area" means the area of land under the covenant as specified in Item 2 of Form 31.

(d) "Development Approval" means the approval granted by the Council pursuant to the Integrated Planning Act 1997 in respect of an Application for a Material Change of Use or Reconfiguring of Lot.

(e) "Dispute Notice" means a notice given by one party to the other pursuant to clause 9 of this Covenant.

(f) "Environmental Weed" means all plant species listed in the Planning Code or in the following standards and legislation or current updates:

(1) Declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003;

(2) Maroochy Pest Management Plan 2006-201 O pest species of significance in Group 1, Group 2 and Group 6

(g) "Form 31" means the Queensland Land Registry Form 31 Covenant attached.

(h) "Indigenous Vegetation" means native vegetation which historically has naturally occurred in the local area.

(i) "Legislative Instrument" means an instrument in writing that is a legislative character and that was made in the exercise of a power delegated by the Queensland Parliament.

0) "Lot" means each of the lots described in Item 2 of Form 31.

(k) "Native Fauna" means native animals which historically have naturally occurred in the local area.

(I) "Notice" means any certificate, demand or notice to be made, given or served by a party under this document.

(m) "Owner" means the Covenanter 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.

(n) "Planning Scheme" has the meaning given in the Integrated Planning Act 1997 as amended.

(o) "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.

Freehills I BRIPR121115983524 Printed 17 September 201 O (15:27) J

QUEENSLAND LAND REGISTRY SCHEDULE FORM 20 Version 2

Page 3 of 8 Land Title Act 1994, Land Act 1994 and Water Act 2000 r Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

--, 3 COVENANT PURPOSE

This Covenant is entered into between the Owner (Covenantor) and the Sunshine Coast Regional Council (the Covenantee) pursuant to section 97A(3)(b)(i) of the Land Title Act for the purpose of the preservation and conservation of Indigenous Vegetation and Native Fauna within the Covenant Area.

4 ACKNOWLEDGEMENTS The parties acknowledged and agree that:

(a) the registration of the Covenant is a condition of a Development Approval;

(b) this covenant is intended to ensure compliance with the relevant Condition(s) of the Development Approval that established the requirement for the Covenant over this property;

(c) the key objective of the Covenant is to retain and enhance the Indigenous Vegetation within the Covenant Area(s).

5 OWNER'S OBLIGATIONS

5.1 The Owner covenants and agrees with the Council that the Covenant area will be protected, conserved, and maintained to the satisfaction of the Council. Without limiting the generality of the preceding, the Owner agrees, unless otherwise agreed in advance in writing by Council, with the obligations as follows:

(a) The Owner must comply with the Condition(s) of the Development Approval that established this covenant.

(b) The Owner must comply with the Covenant.

(c) The Owner must take reasonable measures to only use, or allow to be used, the Covenant area in such a manner that maintains and protects the Indigenous Vegetation and Native Fauna habitat values within the Covenant Area.

(d) The Owner must not, or permit another person to, have Indigenous Vegetation in the Covenant Area trimmed, pruned, lopped, poisoned, harvested, picked, cut down, mown, moved, removed, grazed by domestic stock or in any way damaged or destroyed, whether by act or omission.

(e) The Owner must not, or permit another person to, have a trail, path, fence, access or access way made, laid out or other constructed element in the Covenant Area.

(f) The Owner must notify the Council in writing of any substantial damage to Indigenous Vegetation within the Covenant Area (whether by natural occurrence or otherwise) within 14 days of the damage occurring.

(g) The Owner must not, or permit another person to, have Vegetation introduced into the Covenant Area which:

(1) is not Indigenous Vegetation; or

(2) is an Environmental Weed.

(h) The Owner must take reasonable measures to ensure the Covenant Area will remain free from any Environmental Weed.

(i) The Owner must not, or permit another person to, have eijher 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 Indigenous Vegetation of the Covenant Area.

Ol The Owner must not do, or permit another person to do, anything on the Land which:

(1) in the Council's reasonable opinion, may potentially or actually adversely affect the Covenant Area; or

(2) has the effect of breaching these conditions.

LFreehills I BRIPR121115963524 Printed 17 September 2010 (15:27) _J


Page 4 of 8 Land Title Act 1994, Land Act 1994 and Water Act 2000 r --, Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

(k) The OWner must not, or permit another person to, have a fixture, improvement, or structure placed, constructed or erected in the Covenant Area.

(I) The Owner must remove any fixture, improvement or structure from the Covenant Area within a reasonable time of its presence becoming known to the Owner.

(m) In the event that an exercise of the obligations in clause 5.1 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.

(n) For the avoidance of doubt, the obligations under this clause 5 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.

(o) 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 gray water systems.

(p) Any fencing within or on the boundary of the Covenant Area shall not incorporate any barbed wire, electric fences or other materials that may cause damage to Native Fauna.

(q) The boundary of the Covenant Area shall be delineated with permanent markers of suitable material such as steel or concrete posts at intervals no fewer than every 20m. Such markers may be replaced by fencing not inconsistent with clause 5.1(q), provided such fencing does not require clearing of the Covenant Area to maintain the fence.

5.2 Notwithstanding clause 5.1, if Indigenous Vegetation in the Covenant Area poses a serious risk to human safety, including bushfire risk:

(a) the Indigenous 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;

(b) the Indigenous 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.

6 POWERS OF ENTRY

The Owner will perm~ the Council and its members, officers, agents, servants, employees, contractors and subcontractors and other persons authorised by it at all times, upon having first given reasonable notice to the Owner or any person occupying the Lot to enter into and upon the Lot with all necessary plant and equipment for any of the following purposes:

(a) examining, inspecting, testing and monitoring the state and condition of the Covenant Area(s);

(b) ascertaining whether the obligations of the Owner in clause 5 have been duly performed and fulfilled;

(c) subject to clause 7, making good any breach of the obligations of the Owner under clause 5, at the cost and expense of the Owner; and

(d) exercising the Council's right under clause 8.

7 NOTICE BEFORE ENTRY

The Council must give reasonable notice of any intention to enter the Covenant Area(s) except in cases of emergency or where the Council on reasonable grounds considers that the delay in giving notices is prejudicial to its responsibilities.


gwright

Highlight

QUEENSLAND LAND REGISTRY SCHEDULE Land Title Aci 1994, Land Act 1994 and Water Act 2000 r

Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

8 REMEDY FOR NON-COMPLIANCE

FORM 20 Version 2

Page 5 of 8 --,

8.1 In the event of non-compliance with the obligations in clause 5, the Council may issue a written notice to the Owner requiring the Owner to rectify the non-compliance ("the Rectification Notice").

8.2 The Owner must comply with the Rectification Notice within 14 days of the issue of the Rectification Notice or such other reasonable time period as may be specified in the Rectification Notice, regardless of whether or not the Owner is responsible for the non-compliance.

8.3 In the event that the Owner fails to comply with the Rectification Notice within the time allowed in accordance with clause 8.2, the Council may, by itself or by an agent or contractor, enter the Covenant Area, perform any planting, replanting, rehabil~ation or remedial work or anything else to restore any Indigenous Vegetation harmed or damaged by the non-compliance and recover all of the costs of performing the work as a debt from the Owner payable on demand.

9 DEFAULT BY OWNER

9.1 If the Council forms the view that the Owner has breached the Covenant, the Council agrees to proceed in accordance with clause 9.

9.2 The Council may exercise its powers under the Integrated Planning Act 1997 and other statutory provisions in the event of a breach of this Covenant.

9.3 The Owner is only liable for breaches of this Covenant caused or contributed to by the Owner or its authorised agents, or which it permits or allows.

9.4 The Owner shall not be in breach of this Covenant for any damage to the Indigenous Vegetation in the Covenant Area(s) caused by any natural occurrence or otherwise caused by something beyond the control of the Owner, however if deemed desirable by Council the Owner must replant and continue to maintain the Covenant Area within 2 months or other time period agreed to in writing by Council.

9.5 The Owner is liable only for breaches of this Covenant which occur while the Owner is the registered owner of any interest in the Lot and then only to the extent of that interest.

10 SETTLEMENT OF DISPUTES

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

10.2 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.

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

10.4 The parties may, within seven (7) days of meeting in accordance with clause 10.3, agree to refer the dispute to mediation.

10.5 If the parties agree to mediate in accordance with clause 10.4, then the parties may either:

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


QUEENSLAND LAND REGISTRY SCHEDULE Land Title Act 1994, Land Act 1994 and Water Act 2000 r

Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

FORM 20 Version 2

Page 6 of 8

'"l (b) where the parties fail to agree to the appointment of a mediator within the period referred to in clause

10.4, 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.

10.6 The costs of any mediator appointed under clause 10.5 must be borne equally by the parties.

10.7 If any dispute notified under clause 10.2 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 10.5, either party may institute proceedings in the appropriate court for determination of the dispute.

10.8 The parties may mutually agree in writing to extend any time period specified in this clause 10.

10.9 Clause 10 of this Covenant does not prevent the Owner or the Council from obtaining any injunctive declaratory or other interlocutory relief from a court, which may be urgently required.

11 SERVICE

11.1 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.

11.2 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.

11.3 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.

11.4 A notice given by a party must be:

(a) in writing; and

(b) signed by the party, an officer of that party or the solicitor of that party.

A party receiving a notice is not obliged to enquire as to the authority of the person signing the notice.

12 COVENANT RUNS WITH THE LAND

This covenant burdens the Lot and runs with the Lot and binds the successors-in-title to the Lot and to any parcel into which that Lot is reconfigured by any means.

13 NO EFFECT ON RATES AND CHARGES AND COMPLIANCE WITH LAWS

For the avoidance of doubt, nothing in this Covenant:

(a) affects the liability of the Owner to pay all taxes, rates, charges and levies lawfully imposed in respect of the Lot; and

(b) imposes a liability on the Council to make a monetary payment to the Owner in the form of compensation or otherwise.

LFreehills I BR1PR1211l5983524 Printed 17 September 2010 (15:27) _J


Page 7 of 8 Land Title Act 1994, Land Act 1994 and Water Act 2000 r --, Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

14 REGISTRATION

14.1 The Owner shall do everything necessary at the Owner's expense to ensure that this Covenant is registered against the title to the Lot within one month after the execution of this Covenant by Council.

14.2 The Council shall do everything necessary (including executing any documents) to give effect to this Covenant.

15 WAIVER

15.1 No waiver by the Council of any breach by the Owner of any of the provisions of this Covenant shall be implied against the Council or be otherwise effective unless it is in writing under the hand of the Chief Executive Officer.

15.2 A single or partial exercise or waiver of a right relating to this document will not prevent any other exercise of that right or any other right.

16 LACHES AND DELAY

No laches or delay by the Council at any time or times in enforcing any of its rights, powers and the like under this Covenant prejudice or affect those rights or powers.

17 SEVERANCE

If any provision of this Covenant cannot be given effect or full force and effect by reason of statutory invalidity that provision shall be severed or read down but so as to maintain and uphold so far as possible the remaining provisions of this Covenant.

18 ENUREMENT

This Covenant binds the parties to it and their respective successors, assigns, heirs, executors and administrators.

19 NO OBLIGATIONS ON COUNCIL

The rights given to the Council by this Covenant are permissive only and nothing in this Covenant imposes any duty of any kind on the Council to anyone or obliges the Council to perform any act or incur any expense for any of the purposes set out in this Covenant

20 TIME

Time shall, in all cases, be of the essence in this Covenant.

21 CONFLICT

Nothing in this Covenant will limit any right given to the Council pursuant to any easement or other document granted to or that benefits the Council in the Covenant Area registered before or after the creation of this Covenant.


• •


Land Tide Act 1994, Land Act 1994 and Water Act 2000

SCHEDULE FORM 20 Version 2

Page 8 of 8 r --, Title Reference 50579525, 50724901, 50579527 & 50724903 (new title to issue)

22 INTERPRETATION

22.1 The headings and the Preamble in this Covenant are for convenience only and do not affect its interpretation.

22.2 References to:

(a) the singular includes the plural and the plural includes the singular;

(b) one gender includes each other gender;

(c) a person includes a body corporate;

(d) a party includes the party's executors, administrators, successors and any assignee of this Agreement.

23 INSPECTION OF MANAGEMENT PLANS, DEVELOPMENT APPROVALS, AND/OR ANY OTHER DOCUMENT MENTIONED IN OR ASSOCIATED WITH THIS DOCUMENT Any person wishing to inspect any plan, management plan, development approval or any other document available for public inspection by this Covenant may do so after making application to the Council on the conditions set from time to time by the Council including the payment of the Council's prescribed fees, adherence to the Council's prescribed time limits and provision of any other information that the Council may require to process the application.


713787513 VO REGISTERED Recorded Date 01/04/2011 08:55 Page 1 of 10

•


M(ltD/(./'ftJ.N ,r fZ§ -e~ut> r/'(~r;@ EASEMENT F R 9version4

Client No.: 1050~ Dutylm~nt DutlesAot~ I of~ ,t:...-8 Tranoactton No.: ,:::f0. G - _ /j, G -:J-2.~ ~

DutyPlld$ .. ~P.. ................ ............. (Jexempt

illllllllll 713787513 BE 600 $127 .90

$127.90 ==== 1111111111 01/04/2011 _,c08::..:..::=5:::5'--------------------

UTI $ .... ::: ...................... ,

1 /01 /cs1;nec:t

1. Granter COEUR DE LION INVESTMENTS PTY LIMITED ACN 006 334 872

Lodger (Name, address, E-mail & phone number)

Freehills DX 255 BRISBANE QLD [email protected] Tel: (07) 3258 6666

Lodger Code 108A

2. Description of Easement/Lot on Plan Servient Tenement (burdened land) EASEMENT R ON SP+&i'&1,4 2.162.1'\-

'Dominant Tenement (benefited land)

See Enlarged Panel

# not applicable tt easement in gross

3. Interest being burdened FEE SIMPLE

5. Grantee Given names

6. Consideration $1.00

8. Grant/Execution

County

CANNING

Ref: SGB:81111131

Parish

MAROOCHY

• 4. Interest being benefited FEE SIMPLE

# not applicable if easement in gross

Surname/Company name and number

COEUR DE LION INVESTMENTS PTY LIMITED ACN 006 334 872

7. Purpose of easement

Title Reference

50579527 & 50724901 (new title to issue)

(indude tenancy if more than one)

RIGHT OF WAY and SERVICES

The Grantor for the above consideration grants to the Grantee the easement over the servient tenement for the purpose stated in item 7 and the Granter and Grantee covenant with each other in terms of:- *the attached schedule; *tRe !Ntast:leel sst:leel1:1le aREI eieG1:1FReRt Re. ; *9eGl:IFRBRt Re.

• delete if not applicable

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994

... ....... 4.r; Af/41 .......... signature

,f#1t:i."llit.~ .. ~.full name

............. C..,.~ ...... ~,.19..19/9. .... qualification

Witnessing Officer (signature, full name and qualification)

.. ~ .. ~ ............ signature

~,r.l.~ ... ~ fullname

........... C.)1~-:'. ..... ~.,.19.1.919. ...... qualification

Witnessing Officer (signature, full name and qualification)

LFreehills I BRIPR1021\6074296

© The State of Queensland (Dept of Natural Resources and Mines) 2017

Execution Date

Execution Date

Coeur De Lion Investments Ply Limited ACN 006 334 8I2_b~~s ,du~ constituted attorney ............. '«~ .. ~ ........................................ . pursuant to registered power of attorney no. 713096928

........... C.7..~=····""·· -~-~ .............. . Signature

Grantor's Signature

Coeur De Lion Investments Ply Limited

~~~.°.°.~.!'~~.i~{R.s.tit~t~~.~~.o'.ne·y····· pursuant to registered power of attorney no. 713096928

............. 6-d..< .................... ,-................ . Signature

Grantee's Signature

Printed 17 September 2010 (15:44) _J


Land TiUe Act 1994, Land Act 1994 and Water Act 2000 r

ENLARGED PANEL

Title Reference 50579527 & 50724901 (new title to issue)

This is the Enlarged Panel referred to in Item 2 of the Form 9 Easement.

2. Description of Easement/Lot on Plan Servient Tenement (burdened land) EASEMENT R ON SP~ l.~8"2Jf

'Dominant Tenement (benefited land)

Lot 10 on SP~2.itl21S

Lot 12 on SP48?614 "l.~S1.lf

Lot 19 on SP~'Z18t.'4 # not applicable if easement in gross

LFreehills I BRIPR102116074296

County

CANNING

Canning

Canning

Canning

Parish

MAROOCHY

Maroochy

Maroochy

Maroochy

Printed 17 September 2010 (15:44)

Form 20 Version 2

Page2of~

~

Title Reference




50579525 (new title to issue)

_J


Land Title Act 1994, Land Act 1994 and Water Act 2000

SCHEDULE Form 20 Version 2

Page~ ;.,1i9t r


This is the Schedule referred to in the Form 9 Easement.

1

1.1

DEFINITIONS AND INTERPRETATION

Definitions

In this Easement except where inconsistent with the context:

(a) Claim means any loss, legal claim or action and/or costs and expenses associated with it.

(b) Dominant Tenement means that land described in Item 2 of the attached Form 9 Easement.

(c) Easement means the Form 9 of this Easement, this Form 20 Schedule and each annexure or schedule described in this Form 20.

(d) Grantee shall mean the person named in item 5 of the Form 9 Easement together with in the case of a natural person the Grantee and his or her executors administrators and permitted assigns and in the case of a corporation the Grantee and its successors and permitted assigns.

(e) Grantee's Authorised Persons means tenants, servants, agents, contractors, visitors, invitees, licensees of and other persons claiming by, through or under the Grantee.

(f) Grantor shall mean the person named in item 1 of the Form 9 Easement together with in the case of a natural person the Grantor and his or her executors administrators and assigns and in the case of a corporation the Grantor and its successors and assigns.

(g) Grantor's Authorised Persons means tenants, servants, agents, contractors, visitors, invitees, licensees of and other persons claiming by, through or under the Grantor.

(h) Infrastructure means any pipes, conduits, cables, equipment and apparatus deemed necessary by the Grantee or the Grantee's Authorised Persons for the conveyance of the Services.

(i) Purpose means access and right of way for all purposes connected with the use of the Dominant Tenement.

0) Rules means the rules with respect to the use of the Servient Tenement as prepared and amended from time to time by the Grantor.

(k) Services means water, drainage, sewerage, gas, electricity, telephone, telecommunications and other services (including security services), supplies or utilities.

(I) Servient Tenement means that land described in Item 2 of the attached Form 9 Easement.

1.2 Interpretation

In this Easement:-

(a) one gender includes each other gender;

(b) the singular includes the plural and the plural includes the singular;

(c) a person includes a Corporation or other organisation;

(d) where a word or expression is given a particular meaning, other parts of speech or grammatical forms of that word or expression have the corresponding meaning; and




SCHEDULE Fonn 20 Version 2

Page a et J,f'if 4-tf;::f r


(e) a statute, regulation or provision of a statute or regulation (statutory provision) includes:

(1) that statutory provision as amended or re-enacted from time to time; and

(2) a statute, regulation or provision enacted in replacement of that statutory provision.

2 GRANT OF EASEMENT

3

3.1

(a) The Grantor grants to the Grantee and the Grantee's Authorised Persons:

(1) the right to pass and repass (with or without motor vehicles) along and over the Servient Tenement at all times for the Purpose on the terms, conditions and restrictions contained in this Easement;

(2) full and free right and liberty to construct and operate Infrastructure within the Servient Tenement for the carriage and conveyance of Services to and from the Dominant Tenement;

(3) full and free right and liberty to enter on such part of the Servient Tenement and any of the Grantor's land which is immediately adjacent to the Servient Tenement as is reasonably necessary with or without employees and sub-contractors, materials and machinery for the purposes of laying, installing, repairing, maintaining, replacing, renewing and re-laying or removing any Infrastructure referred to in clause 2(a)(1 ).

(b) The rights conferred by this Easement are granted in common with the rights of the Grantor and the Grantor's Authorised Persons from time to time.

MAINTENANCE OF EASEMENT

Grantor's maintenance obligations

(a) The Grantor is responsible for ensuring that the Servient Tenement is kept in good and trafficable order and condition.

(b) The Grantor and the Grantor's Authorised Persons shall have the right at all times upon reasonable notice (except in the case of an emergency when no notice shall be required) to close parts of the entrance to and exit from and to obstruct parts of the Servient Tenement for the purposes of repairs, maintenance, excavation, demolition or rebuilding of or to the Servient Tenement to be carried out in such a manner as will cause as little inconvenience as practicable to the Grantee and the Grantee's Authorised Persons in the exercise of their rights under this Easement.

3.2 Failure to maintain

(a) If the Grantor:

(1) fails to comply with its obligations to maintain the Servient Tenement under clause 3.1 of this Easement; or

(2) in the Grantee's reasonable opinion, the Granto, has not properly complied with its obligations under clause 3.1,


QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

Page 4 ;f J,t*f Land Title Ad: 1994, Land Act 1994 and Water Act 2000 ~ .... ~ ~1r r

Tide Reference 50579527 & 50724901 (new title to issue)

the Grantee may give a written notice to the Grantor, requiring the Grantor to remedy its failure within a reasonable amount of time.

(b) If, following receipt of a written notice from the Grantee under clause 3.2(a), the Granter fails to comply with its obligations under clause 3.1, the Grantee may do anything which the Grantor should have done under clause 3.1.

(c) If the Grantee exercises its rights under this clause 3.2, the Granter agrees to pay all costs and expenses properly and reasonably incurred by the Grantee in connection with the maintenance and repair and replacement (when necessary) of the Servient Tenement as required by clause 3.1, within a reasonable time after the Grantee gives the Grantor a written notice requiring such payment, including copies of invoices for the costs and expenses incurred.

3.3 Grantee's maintenance obligations

(a) The Grantee and the Grantee's Authorised persons will at their own cost and expense:

(1) repair and maintain the Infrastructure and Services in a safe and sound condition and so as to comply with the requirements of all regulatory authorities as to safety, operation and security; and

(2) repair any damage to the Servient Tenement resulting from the construction, installation, operation or maintenance of the Infrastructure and the Services.

(b) The Grantee and the Grantee's Authorised Persons shall have the right at all times upon reasonable notice (except in the case of an emergency when no notice shall be required) to close parts of the entrance to and exit from and to obstruct parls of the Servient Tenement for the purpose of complying with tis obligations under clause 3.3(a) and must cause such works to be carried out in such a manner as will cause as little inconvenience as practicable to the Granter and the Grantor's Authorised Persons.

3.4 Failure to maintain

(a) If the Grantee:

(1) fails to comply with its obligations under clause 3.3 of this Easement; or

(2) in the Grantor's reasonable opinion, the Grantee has not properly complied with its obligations under clause 3.3;

the Granter may give a written notice to the Grantee, requiring the Grantee to remedy its failure within a reasonable amount of time.

(b) If, following receipt of a written notice from the Granter under clause 3.4(a), the Grantee fails to comply with its obligations under clause 3.3, the Granter may do anything which the Grantee should have done under clause 3.3.

(c) If the Granter exercises its rights under this clause 3.4, the Grantee agrees to pay all costs and expenses properly and reasonably incurred by the Grantor in connection with the maintenance and repair and replacement (when necessary) of the Servient Tenement as required by clause 3.3, within a reasonable time after the Grantor gives the Grantee a written notice requiring such payment, including copies of invoices for the costs and expenses incurred.

LFreehills I BRIPR1021\6074296 Printed 17 September 2010 (15:44) _J

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2 Page i 1fjff'f Land Title Act 1994, Land Act 1994

and Water Act 2000 6·~y r Title Reference 50579527 & 50724901 (new title to issue)

4 NO OBSTRUCTION BY GRANTEE

(a) Subject to any temporary restriction or obstruction permitted by clause 3, the Grantor shall not at any time facilitate, suffer or permit by construction of fixed improvements, accumulation of property, or assembly of persons or animals upon the Servient Tenement, unreasonable restriction or obstruction of the Servient Tenement so as to prevent the Grantee from having full use and enjoyment of the rights granted by this Easement, including but not limited to the parking of any vehicles upon the Servient Tenement.

(b) The Grantee shall not at any time facilitate, suffer or permit by construction of fixed improvements, accumulation of property, or assembly of persons or animals upon the Servient Tenement or the Dominant Tenement so as to prevent the Grantor from having full use and enjoyment of the Servient Tenement, including but not limited to the parking of any vehicles upon the Servient Tenement.

5 RELOCATION

(a) The Grantor may, at any time, construct, or procure construction of an alternate easement area for the Grantee over the Grantor's land:

(1) from any part of the Dominant Tenement (as depicted at the date of this Easement); and

(2) in a location on the Grantor's land and to a similar standard as provided by this Easement as determined by the Granto, as being appropriate for the purposes of this Easement.

(b) Following construction of the alternate easement area referred to in clause 5(a):

(1) the Grantor and the Grantee will enter into an easement (Alternate Easement) in a form capable of immediate registration at the Office of the Registrar of Titles in relation to the area over which the alternate easement area has been constructed. The terms of the Alternate Easement will be the same as the terms of this Easement, with necessary changes and such other changes that the Grantor's solicitors certify as reasonably necessary to procure registration of the Alternate Easement. The Granto, will pay all costs in connection with the preparation, stamping and registration of the Alternate Easement;

(2) the Grantor will procure the preparation of an easement survey plan delineating the alternate easement area for the Alternate Easement, and will take all such steps at its own expense as may be necessary or requisite for attending to the registration of such plan; and

(3) the Grantor will procure the preparation of a surrender of this Easement in a form capable of immediate registration at the Office of the Registrar of Titles and will take all such steps at its own expense as may be necessary or requisite for attending to the registration of such surrender. Where the Grantee's interest in the Dominant Tenement is encumbered by a registered mortgage or lease, the Grantor will procure the preparation of consent forms to be signed all such mortgagees or lessees that consent to the surrender of this Easement. The consents will be in a form capable of immediate registration at the Office of the Registrar of Titles and the Grantor will take all such steps at its own expense as may be necessary or requisite for attending to the lodgement of such consents at the Office of the Registrar of Titles.

(c) The parties agree to do and execute all such other acts, matters, deeds or things as may be necessary or requisite for procuring registration of the Alternate Easement and surrender of this Easement and otherwise giving full force and effect to this clause 5. In the event that the Registrar of Titles requires any change to the form of the Alternate Easement or the surrender of this Easement or any ancillary document to them, the parties agree to make and sign or initial any such changes.

LFreehills I BRIPR1021\6074296 Printed 17 September 2010 (15:44) _J



SCHEDULE Form 20 Version 2 Page:~r r


(d) The Grantee will execute the Alternate Easement and the surrender of this Easement and deliver it to the Grantor's solicitors within 7 days after their, or each of their, submission by the Grantor. The Grantor will not lodge the surrender for registration at the Office of the Registrar of Titles before lodging the Alternate Easement for registration at the Office of the Registrar of Titles.

(e) The Grantee irrevocably appoints the Grantor and each of the Directors of the Grantor jointly and severally as the attorney of the Grantee to execute the Alternate Easement and the surrender of this Easement, to the exclusion of the Grantee. The Grantee agrees to ratify and confirm all the acts, deeds and things done or performed under this power of attorney. If the Grantee, or any one of them, fails to comply with this clause, that Grantee indemnifies the Grantor for any loss the Granto, may suffer as a result. None of the Grantees will grant a mortgage of their interest in the Dominant Tenement without first procuring their mortgagee's agreement to be bound by the provisions of this clause 5.

(f) The Grantee confirms that the Power of Attorney granted under clause 5(e) is given as security for the performance of the Grantee's obligations under this clause 5 and is incapable of revocation without the consent of the attorney.

(g) The Grantor will pay the reasonable legal costs and expenses incurred by the Grantee of and incidental to the Grantee's execution of:

(1) the Alternate Easement;

(2) the surrender of this Easement; and

(3) any document ancillary to them,

together with all stamp duty that is payable in respect of them.

6 GRANTEE'S RISK

7

7.1

(a) The exercise of the Grantee's rights under this Easement and the use of the Servient Tenement by the Grantee and any Grantee's Authorised Person shall be at the risk of the Grantee.

(b) The Grantee:

RULES

(1) indemnifies the Granto, and the Grantor's Authorised Person or other person claiming through or under the Grantor from all Claims resulting from any accident, damage or injury occurring in or upon the Servient Tenement whether to property or person to the extent caused or contributed to by the Grantee; and

(2) expressly agrees that the Granto, shall have no responsibility or liability for any loss of or damage to personal property of the Grantee or the Grantee's Authorised Persons except to the extent caused or contributed to by the Grantor.

Grantee to observe Rules

(a) The Grantee acknowledges that the Grantor may prescribe the Rules from time to time and will on receipt of a request by the Grantee provide the Grantee with a copy of the Rules.




SCHEDULE Form 20 Version 2 Page 7 af)lff;f

'ft•i o/ r Title Reference 50579527 & 50724901 (new title to issue)

(b) The Grantee acknowledges that:

(1) the Granter will have the right, at any time, from time to time, to make and issue and, once made and issued to amend, add to, delete or vary the Rules provided that the Rules will not be inconsistent with the rights of the Grantee (and the restrictions associated with those rights) contained in this Easement; and

(2) where the Grantee is a body corporate under the Body Corporate and Community Management Act, written notice from the Granter to the secretary of the body corporate, specifying the Rules from time to time will be conclusive evidence of the same.

7.2 Grantee to Obtain

(a) The Grantee will obtain a copy of the Rules from the Granter and will ensure a copy of the Rules is available to all persons visiting, accessing, working or residing on the Dominant Tenement.

(b) The Grantee must provide the Granter with written notice of any changes of address of the Grantee.

7.3 Care of Servient Tenement

(a) The Grantee must take all due care to prevent damage to the Servient Tenement at all times.

(b) In the event that the Grantee causes any damage to the Servient Tenement, the Grantee is responsible for all costs associated with the repair of such damage and the Granter may recover the same from the Grantee as a liquidated debt.

8 NO TENANCY

Nothing contained or implied in this Easement shall in any way create in favour of the Grantee any tenancy or other rights in the nature of a tenancy or any rights to the exclusive occupation or use of any part of the Servient Tenement.

9 NO WAIVER

No condition or obligation herein expressed or implied shall be deemed to have been waived by the Granter or Grantee either in whole or in part unless such waiver is in writing and signed on behalf of the Granter or Grantee as the case may be. Any such waiver shall not affect or prejudice the rights or remedies of the Granter or Grantee as the case may be in respect of any future or other breach and (unless expressly so stated) shall not amount to a general waiver of any provision hereof.

10 COSTS

(a) Each party shall pay their own legal costs and expenses associated with this Easement.

(b) The Grantee must pay the:

LFreehills I BRIPR102116D74296 Printed 17 September 2010 (15:44) _J

------------. '


Land Tide Act 1994, Land Act 1994 and Water Act 2000

SCHEDULE Form 20 Version 2 Page~~74Y r Title Reference 50579527 & 50724901 (new title to issue)

(1) costs and expenses of and incidental to the preparation of any necessary survey required for registration of this Easement;

(2) any stamp duty payable on this Easement; and

(3) Department of Environment and Resource Management registration fees.

11 CONSENTS

Each party must promptly produce any certificate of title for its land (where appropriate) and the consent of any person having an interest in that land necessary to enable registration of this Easement.

12 BENEFIT AND BURDEN

(a) Unless the context requires otherwise:

(1) the benefit of this Easement will extend to the servants, agents, workman, visitors, licensees and all other persons claiming through the Grantee as if each of those persons was the Grantee;

(2) the burden and benefrt of this Easement will bind each parties' personal representative, successors and assigns;

(b) On ceasing to be the registered proprietor of the Servient Tenement and the Dominant Tenement respectively, the relevant party ceasing to be the registered proprietor shall be released from all obligations under this Easement and shall have no further liability for any event or occurrence under this Easement with the exception of any antecedent breaches.

13 NOTICES

Any notices, authority or writing to be given or served by or on behalf of the Granter or Grantee pursuant to the provisions thereof may be signed on behalf of the Granter or Grantee as the case may be by Its chairman, manager or secretary for the time being or any person acting in such office or capacity or its Solicitors or any other authorised person. Any notice required to be given to the Grantee or Granter as the case may be hereunder may be sent to them by post in a letter addressed to in the case of the recipient being a company at its registered office in Queensland and in any other case at the last known address of the recipient and the day next following that on which it was posted, will be deemed the date of receipt notwithstanding actual non-receipt unless delivered personally whereupon service will be deemed effected upon the date of such delivery.

14 GOVERNING LAW AND JURISDICTION

The law of Queensland governs this Easement and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia.


,.



SCHEDULE Form 20 Version 2

Page 9 FJI «'l "'"~ 10-f"l~ r Title Reference 50579527 & 50724901 (new title to issue)

15 DISPUTE RESOLUTION

The parties agree that if there is any dispute or difference between the parties in respect of this Easement, and either party gives written notice to the other that it requires the dispute to be determined pursuant to this clause 15 then:

{a) the dispute must be determined by a suitably qualified individual nominated {at the request of either party) by the President for the time being of the Real Estate Institute of Queensland;

{b) the person appointed must act as an expert and not as an arbitrator;

{c) the expert's costs must be borne equally by the parties {or in such proportions as the expert in its discretion thinks fit in the circumstances); and

{d) the expert's decision is final and binding on the parties.

Lrreehills I BRIPR10211S074296 Printed 17 September 2010 (15:44) _J

ATTACHMENT 2


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 25 SURVEY PLAN 269561 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No



ATTACHMENT 3

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25588043Search Date: 21/03/2017 09:22 Title Reference: 50843758 Date Created: 11/04/2011 Previous Title: 50579525 50579527 REGISTERED OWNER Dealing No: 713823337 21/04/2011

SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 15 SURVEY PLAN 238214 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. REQUEST FOR NEW CMS No 713787497 01/04/2011 at 08:48 The within land is removed from COMMUNITY TITLE SCHEME 38537 3. EASEMENT No 713787503 01/04/2011 at 08:53 burdening the land to LOT 10 ON SP238215 AND LOTS 12 AND 19 ON SP238214 OVER EASEMENT N ON SP238214 4. EASEMENT No 713787514 01/04/2011 at 08:55 benefiting the land over EASEMENT R ON SP238214 5. EASEMENT No 716531299 02/06/2015 at 13:24 burdening the land to LOT 10 ON SP238215 AND LOT 19 ON SP238214 OVER EASEMENT A ON SP235641 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 4

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25588201Search Date: 21/03/2017 09:31 Title Reference: 50843756 Date Created: 11/04/2011 Previous Title: 50579525 50579527 REGISTERED OWNER Dealing No: 716049530 01/10/2014

SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 12 SURVEY PLAN 238214 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. REQUEST FOR NEW CMS No 713787497 01/04/2011 at 08:48 The within land is removed from COMMUNITY TITLE SCHEME 38537 3. EASEMENT No 713787503 01/04/2011 at 08:53 benefiting the land over EASEMENT N ON SP238214 4. EASEMENT No 713787504 01/04/2011 at 08:54 benefiting the land over EASEMENT O ON SP238214 5. EASEMENT No 713787506 01/04/2011 at 08:54 benefiting the land over EASEMENT P ON SP238214 6. EASEMENT No 713787508 01/04/2011 at 08:54 benefiting the land over EASEMENT Q ON SP238214 7. AMENDMENT No 716531313 02/06/2015 at 13:28 EASEMENT: 713787508 8. EASEMENT No 713787513 01/04/2011 at 08:55 benefiting the land over EASEMENT R ON SP238214 Page 1/2

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25588201Search Date: 21/03/2017 09:31 Title Reference: 50843756 Date Created: 11/04/2011 EASEMENTS, ENCUMBRANCES AND INTERESTS 9. EASEMENT No 715119845 04/06/2013 at 09:23 benefiting the land over EASEMENT DD ON SP219217 10. EASEMENT No 715119855 04/06/2013 at 09:24 benefiting the land over EASEMENT DC ON SP219217 11. EASEMENT No 715119862 04/06/2013 at 09:25 benefiting the land over EASEMENT DB ON SP219217 12. EASEMENT No 715119866 04/06/2013 at 09:26 benefiting the land over EASEMENT DA ON SP219217 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 5

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25588231Search Date: 21/03/2017 09:32 Title Reference: 50843759 Date Created: 11/04/2011 Previous Title: 50579525 50579527 50724901 REGISTERED OWNER Dealing No: 713823337 21/04/2011

SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 16 SURVEY PLAN 238214 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787504 01/04/2011 at 08:54 burdening the land to LOT 10 ON SP238215 AND LOTS 12 AND 19 ON SP238214 OVER EASEMENT O ON SP238214 3. EASEMENT No 713787507 01/04/2011 at 08:54 benefiting the land over EASEMENT P ON SP238214 4. EASEMENT No 713787516 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 5. EASEMENT No 714176455 23/11/2011 at 11:50 BENEFITING THE LAND OVER EASEMENT DE ON SP219217 6. EASEMENT No 715119866 04/06/2013 at 09:26 burdening the land to LOT 12 ON SP238214 OVER EASEMENT DA ON SP219217 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No Page 1/2

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25588231Search Date: 21/03/2017 09:32 Title Reference: 50843759 Date Created: 11/04/2011

Corrections have occurred - Refer to Historical Search




ATTACHMENT 6


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 336 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787517 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 3. EASEMENT No 713787525 01/04/2011 at 08:57 benefiting the land over EASEMENT S ON SP238214 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 7


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 337 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787517 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 3. EASEMENT No 713787525 01/04/2011 at 08:57 benefiting the land over EASEMENT S ON SP238214 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 8


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 338 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787517 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 3. EASEMENT No 713787525 01/04/2011 at 08:57 benefiting the land over EASEMENT S ON SP238214 4. EASEMENT No 714176455 23/11/2011 at 11:50 benefiting the land over EASEMENT DE ON SP219217 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 9


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 339 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787517 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 3. EASEMENT No 713787525 01/04/2011 at 08:57 benefiting the land over EASEMENT S ON SP238214 4. EASEMENT No 714176455 23/11/2011 at 11:50 benefiting the land over EASEMENT DE ON SP219217 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




ATTACHMENT 10


SH COOLUM PTY LTD A.C.N. 146 376 972 ESTATE AND LAND Estate in Fee Simple LOT 340 SURVEY PLAN 219217 Local Government: SUNSHINE COAST EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 15810076 (POR 502) 2. EASEMENT No 713787506 01/04/2011 at 08:54 BURDENING THE LAND TO LOT 10 ON SP238215 AND LOTS 12 AND 19 ON SP238214 OVER EASEMENT P ON SP238214 3. EASEMENT No 713787507 01/04/2011 at 08:54 burdening the land to LOT 16 ON SP238214 OVER EASEMENT P ON SP238214 4. EASEMENT No 713787517 01/04/2011 at 08:56 benefiting the land over EASEMENT R ON SP238214 5. EASEMENT No 713787525 01/04/2011 at 08:57 benefiting the land over EASEMENT S ON SP238214 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




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