o as marked or as numbered: o - forest hills · the land, the improvements, all fixtures and the...

© 2005 COPYRIGHT The law Society of New South Wales and The Real Estate Institule of New South Wales. You can prepare your own version ofpages 1 and 2 on a compuler or typewriter, and you can reproduce this form (or part of il) for educational purposes, but any olher reproduction of this form

(or part of it) is an infringement of copyright unless authorised by the copyright holders or legislation.

Contract for the sale of land - 2005 edition

KODE HOLDINGS PTY LIMITED ABN 32 006 547 128

TERMVendor's agent

Co-agentVendor

Vendor's Solicitor

Completion dateLand

(Address, plan detailsand title reference)

MEANING OF TERMFOREST HILLS REALTY P.O. Box 3577 Tamworth 2340 Telephone 6761 7744

Facsimile 6761 7832

r'/'(-/ .

ROBERT LOCKE, 15 Bourke Street, Tamworth 2340, DX 6140 Tamworth

Telephone: 67664700 Facsimile: 67612638, email: [email protected] Special Condition 35 Gay alter the sGAlrasl Gale (slaYse 1aJLot Forest Road Moore Creek being lot in an unregistered Plan of Subdivision andbeing part of the land comprised in Folio Identifier 203/1138707

IZI VACANT POSSESSION 0 subject to existing tenancies

Improvements 0 HOUSE 0 garage 0 carport 0 home unit 0 carspace IZI noneo other:

Attached copies 0 Documents in the List of Documents as marked or as numbered:o other documents:

A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property.Inclusions 0 blinds 0 curtains 0 insect screens 0 stove

o built-in wardrobes 0 dishwasher 0 light fittings 0 pool equipmento clothes line 0 fixed floor coverings 0 range hood 0 TV antennao other:

Exclusions

Purchaser

Purchaser's solicitor

PriceDepositBalanceContract date

Vendor

$$$

(10% of the price, unless otherwise stated)

(if not stated, the date this contract was made)

WitnessiGST AMOUNT (optional)i The price includesi GST. of: ~_~ ,

Purchaser 0 JOINT TENANTS 0 tenants in common 0 in unequal shares WitnessTax information (the parties promise this is correct as far as each party is aware)

Land tax is adjustable IZI NO 0 yesGST: Taxable supply 0 NO IZI yes in full 0 yes to an extentMargin scheme will be used in making the taxable supply IZI NO 0 yesThis sale is not a taxable supply because (one or more of the following may apply) the sale is:o not made in the course or furtherance of an enterprise that the vendor carries on (section 9-5(b))o by a vendor who is neither registered nor required to be registered for GST (section 9-5(d»o GST-free because the sale is the supply of a going concern under section 38-325

o GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-0o input taxed because the sale is of eligible residential premises (sections 40-65, 40-75(2) and 195-1)

HOLDER OF STRATA OR COMMUNITY TITLE RECORDS - Name, address and telephone number

NOT APPLICABLE

maryanne

Text Box

2List of Documents

Land - 2005 edition

General

1 property certificate for the land2 plan of the land3 unregistered plan of the land4 plan of land to be subdivided5 document that is to be lodged with a relevant plan6 section 149(2) certificate (Environmental Planning

and Assessment Act 1979)7 section 149(5) information included in that certificate8 sewerage connections diagram

~o~~o~

ooo 9 sewer mains diagram~ 10 document that created or may have created an

easement, profit a prendre, restriction on use orpositive covenant disclosed in this contracto 11 section 88G certificate (positive covenant)o 12 survey reporto 13 section 317A certificate (certificate of compliance)o 14 building certificate given under legislationo 15 insurance certificate (Home Building Act 1989)

016 brochure or note (Home BUilding Act 1989)o 17 section 24 certificate (Swimming Pools Act 1982)o 18 lease (with every relevant memorandum or variation)o 19 other document relevant to tenancieso 20 old system document021 Crown tenure cardo 22 Crown purchase statement of accounto 23 Statutorv declaration reoardino vendor dutv

Strata or community title (clause 23 of the contract)o 24 property certificate for strata common propertyo 25 plan creating strata common propertyo 26 strata by-laws not set out in legislationo 27 strata development contract or statemento 28 strata management statemento 29 leasehold strata - lease of lot and common propertyo 30 property certificate for neighbourhood property031 plan creating neighbourhood propertyo 32 neighbourhood development contracto 33 neighbourhood management statemento 34 property certificate for precinct propertyo 35 plan creating precinct propertyo 36 precinct development contracto 37 precinct management statemento 38 property certificate for community propertyo 39 plan creating community propertyo 40 community development contracto 41 community management statemento 42 document disclosing a change of by-laws043 document disclosing a change in a development

or management contract or statemento 44 document disclosing a change in boundarieso 45 certificate under Management Act - section 109

(Strata Schemes) or section 26 (Community Land)

WARNINGS1. Various Acts of Paniament and other matters can affect the rights of the parties to this contract. Some important

matters are actions, claims, decisions, licences, notices, orders, proposals or rights of way involVingAGL Gas Networks Limited Government Business & Government Procurement Public Works DeptCouncil Heritage Office Roads & Traffic AuthorityCounty Council Infrastructure Planning and Natural Resources Rural Lands Protection BoardEast Australian Pipeline Limited Land & Housing Corporation Sustainable Energy DevelopmentEducation & Training Dept Mine Subsidence Board Telecommunications authorityElectricity authority Owner of adjoining land Water, sewerage or drainage authorityEnvironment & Conservation Dept Primary Industries DepartmentFair Trading RailCorpIf you think that any of these matters affects the property, tell your solicitor.

2. A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 1987 or the RetailLeases Act 1994.

3. If any purchase money is owing to the Crown, it may become payable when the transfer is registered.4. If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.5. The vendor should continue the vendor's insurance until completion. If the vendor wants to give the purchaser

possession before completion, the vendor should first ask the insurer to confirm this will not affect the insurance.6. The purchaser will usually have to pay stamp duty on this contract. The sale will also usually be a vendor duty

transaction. If duty is not paid on time, a party may incur penalties.7. If the purchaser agrees to the release of deposit any rights in relation to the land (for example, the rights mentioned

in clause 2.8) may be subject to the rights of other persons such as the vendor's mortgagee.8. The purchaser should arrange insurance as appropriate.

DISPUTESIf you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informalprocedures such as negotiation, independent expert appraisal or mediation (for example mediation under the Law SocietyMediation Guidelines).

AUCTIONSRegulations made under the Property Stock and Business Agents Act 2002 prescribe a number of conditions applyingto sales by auction.

3 Land - 200S edition

WARNINGSMOKE ALARMS

The owners of certain types of buildings and strata lots must have smoke alanns (or in certain cases heatalarms) installed in the building or lot in accordance with regulations under the Environmental Planning andAssessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smokealarm or heat alann. Penalties apply.

IMPORTANT NOnCE TO VENDORS AND PURCHASERSBefore signing this contract you should ensure that you understand your rights and obligations,

some of which are not written in this contract but are implied by law.

For example, as purchaser you should be satisfied that finance will be avaaable at the time of c<>f1lJIetingthe purchase (even if settlement might occur many months after signing this contract - in particular;

if you are buying off the plan).

COOUNG OFF PERIOD (pURCHASER'S RIGHTS)1. This is the statement required by section 66X of the Conveyancing Act 1919 and applies to a

contract for the sale of residential property.2. The purchaser may rescind the contract at any time before 5 p.m. on the fifth business day after

the day on which the contract was made, EXCEPT in the circumstances listed in paragraph 3.3. There is NO COOUNG OFF PERIOD:

(a) if, at or before the time the contract is made, the purchaser gives to the vendor (or thevendor's solicitor or agent) a certificate that complies with section 66W of the Act; or

(b) if the property is sold by public auction; or(c) if the contract is made on the same day as the property was offered for sale by public auction

but passed in; or(d) if the contract is made in consequence of the exercise of an option to purchase the property,

other than an option that is void under section 66ZG of the Act.4. A purchaser exercising the right to cool off by rescinding the contract will forfeit to the vendor

0.25% of the purchase price of the property. The vendor is entitled to recover the amountforfeited from any amount paid by the purchaser as a deposit under the contract and thepurchaser is entitled to a refund of any balance.

The vendor sells and the purchaser buys the property lor the price under these proVisions instead of Schedule 3Conveyancing Act 1919, subject to any legislation that cannot be excluded.

1 Definitions (8 term in italics is a defined term)

In this contract, these terms (in any form) mean -

adjustment datebankbusiness daychequedepositholderdocument of titleGSTActGSTrate

legislationnormallypartypropertyrequisitionrescindservesettlement cheque

solicitor

terminatevendor dutywithinwork order

the earlier of the giving of possession to the purchaser or completion;a bank as defined in the Banking Act 19S9, the Reserve Bank or a State bank;any day except a bank or public holiday throughout NSW or a Saturday or Sunday;a cheque that is not postdated or stale;vendor's agent (or if no vendor's agent is named in this contract, the vendor's solicito";document relevant to the title or the passing of title;A New Tax System (Goods and Services Tax) Act 1999;the rate mentioned in section 4 of A New Tax System (Goods and Services Tax Imposition- General) Act 1999 (10% as at 1 July 2000);an Act or a by-law, ordinance, regulation or rule made under an Act;subject to any other provision of this contract;each 01 the vendor and the purchaser;the land, the improvements, all fixtures and the inclusions, but not the exclusions;an objection, question or requisition (but the term does not include a claim);rescind this contract from the beginning;serve in writing on the other party,an unendorsed cheque made payable to the person to be paid and drawn on its own funds by -• a bank; or• a bUilding society, credit union or other FCA institution as defined in Cheques Act 1986;that carries on business in Australia; orif authorised in writing by the vendor or the vendor's solicitor, some other cheque;in relation to a party, the party's solicitor or licensed conveyancer named in this contract or ina notice served by the party;terminate this contract for breach;vendor dUty imposed under Chapter 4 of the Duties Act 1997;in relation to a period, at any time before or during the period;a valid direction, notice or order that requires work to be done or money to be spent on or inrelation to the property or any adjoining footpath or road.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 11/07

4 Land - 2005 edition

2 Deposit and other payments before completion2.1 The purchaser must pay the deposit to the depositholder as slakeholder.2.2 Normally, the purchaser must pay the deposit on the making at this contract, and this time is essential.2.3 If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.2.4 The purchaser can pay any of the deposit only by unconditionally giving cash (up to $2,000) or a cheque to the

depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder.2.5 If any of the deposit is not paid on time or a cheque for any of the deposit is not honoured on presentation, the vendor

can terminate. This right to terminate is lost as soon as the deposit is paid in fuil.2.6 If the vendor accepts a bond or guarantee for the deposit, clauses 2.1 to 2.5 and 3 do not apply.2.7 If the vendor accepts a bond or guarantee for part of the deposit, clauses 2.1 to 2.5 and 3 apply only to the balance.2.8 If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendor directs, it is a

charge on the land in favour of the purchaser until termination by the vendor or completion, subject to any existing right.2.9 If each party tells the depositholderthat the deposit is to be invested, the depositholder is to invest the deposit (at the

risk of the party who becomes entitled to it) with a bank, credit union or permanent building society, in an interestbearing account in NSW, payabie at call, with interest to be reinvested, and pay the interest to the parties equally, afterdeduction of all proper government taxes and financial institution charges and other charges.

3 Payment of vendor duty out of the deposit3.1 This clause applies only if this contract says the deposit can be used to pay vendor duty.3.2 If the amount held by the depositholder (disregarding the value of any bond or guarantee) exceeds the amount of

vendor duty, the parties direct the depositholder to release the amount of vendor duty on the following terms -3.2.1 the depositholder is to draw a cheque ("the vendor duty cheque") in favour. of the Office of State Revenue

and in a form acceptable to the Office of State Revenue for payment of vendor duty;3.2.2 the depositholderis not to draw that cheque earlier than 14 days before the completion date; and3.2.3 the receipt of a letter from the vendor's solicitor requesting the vendor duty cheque will be sufficient authority

for the depositholder to draw and release that cheque.3.3 The vendor's solicitor will use the vendor duty cheque for the sale purpose of payment of the vendor duty relating to

this transaction.3.4 If this contract is not compieted in circumstances that there is, or may be, no liability for vendor duty-

3.4.1 if the vendor duty cheque has been forwarded to the vendor's solicitor but has not been used to pay vendorduty, that cheque must be returned immediately to the depositholderfor cancellation;

3.4.2 if the vendor duty cheque has been used to pay vendor duty-• the amount of vendor duty is repayable upon demand;• the vendor must lodge an application for refund of vendor duty; and• the vendor irrevocably authorises the Office of State Revenue to pay to the depositholder the refund of

vendor duty;

3.4.3 each party must do whatever else is necessary to ensure that the party whose funds were used to payvendor duty receives the refund; and

3.4.4 rights under this clause continue even if the contract has been rescinded or terminated.

4 Transfer4.1 Normally, the purchaser must serve the form of transfer at least 14 days before the completion date.4.2 If any information needed for the form of transfer is not disclosed in this contract, the vendor must serve it.4.3 If the purchaser serves a form of transfer and the transferee is not the purchaser, the purchaser must give the vendor

a direction signed by the purchaser personally for this form of transfer.4.4 The vendor can require the purchaser to include a form of covenant or easement in the transfer only if this contract

contains the wording of the proposed covenant or easement, and a description of the land benefited.4.5 If this saie is exempt from vendor duty-

4.5.1 the vendor can (but does not have to) serve an application for exemption from vendor duty in the formsatisfactory to the Office of State Revenue within 7 days after the contract date;

4.5.2 if that application is attached to this contract or has been provided to the purchaser before the contract date,the application is served on the contract date; and

4.5.3 if the vendor complies with clause 4.5.1 -• the purchaser must have the form of transfer marked by the Office of State Revenue in relation to vendor

duty before serving the form of transfer; and• on completion the vendor must pay to the purchaser $33.

5 RequisitionsIf the purchaser is or becomes entitled to make a requisition, the purchaser can make it oniy by serving it -

5.1 if it arises out of this contract or it is a general question about the property or titie - within 21 days after the contractdate;

5.2 if it arises out of anything served by the vendor - within 21 days after the later of the contract date and that service;and

5.3 in any other case - within a reasonable time.

6 Error or misdescription6.1 The purchaser can (but only before completion) claim compensation for an error or misdescription in this contract

(as to the property, the title or anything else and whether substantial or not).6.2 This clause applies even if the purchaser did not take notice of or rely on anything in this contract containing or giving

rise to the error or misdescription.6.3 However, this clause does not appiy to the extent the purchaser knows the true position.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION


7.1

7.2

7.2.4

7.2.27.2.3

7.2.57.2.6

10.1.410.1.5

10.1.610.1.710.1.8

Claims by purchaserThe purchaser can make a claim (including a claim under clause 6) before completion only by serving it with aslatement of lhe amount claimed, and if the purchaser makes one or more claims before completion -the vendor can rescind if in the case of claims that are not claims for delay -7.1.1 the total amount claimed exceeds 5% of the price;7.1.2 the vendor serves notice of intention to rescind; and7.1.3 the purchaser does not serve notice waiving the claims within 14 days after that service; andif the vendor does not rescind, Ihe parties must complete and if this contract is completed -7.2.1 the lesser of the total amount claimed and 10% of the price must be paid out of the price to and held by the

depositholder until the claims are finalised or lapse;the amount held is to be invested in accordance with clause 2.9;the claims must be finalised by an arbitrator appointed by the parties or, if an appointment is not made within1 month of completion, by an arbitrator appointed by the President of the Law Society at the request of aparty (in the latter case the parties are bound by the terms of the Conveyancing Arbitration Rules approvedby the Law Society as at the date of the appointment);the purchaser is not entitled, in respect of the claims, to more than the total amount claimed and the costsof the purchaser;net interest on the amount held must be paid to the parties in the same proportion as the amount held; andif the parties do not appoint an arbitrator and neither party requests the President to appoint an arbitratorwithin 3 months after completion, the claims lapse.

Vendor's right to rescindThe vendor can rescind if -the vendor is, on reasonable grounds, unable or unwilling to comply with a requisition;the vendor serves a notice of intention to rescind that specifies the requisition and those grounds; andthe purchaser does not serve a notice waiving the requisition within 14 days after that service.

Purchaser's defaultIf the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, thevendor can terminate by serving a notice. After the termination the vendor can -keep or recover the deposit (to a maximum of 10% of the price);hold any other money paid by the purchaser under this contract as security for anything recoverable under this c1ause-9.2.1 for 12 months after the termination; or9.2.2 if the vendor commences proceedings under this clause within 12 months, until those proceedings are

concluded; andsue the purchaser either -9.3.1 where the vendor has resold the property under a contract made within 12 months after the termination, to

recover·• the deficiency on resale (with credit for any of the deposit kept or recovered and after allowance for any

capital gains tax or goods and services tax payable on anything recovered under this clause); and• the reasonable costs and expenses arising out of the purchaser's non-compliance with this contract or the

notice and of resale and any attempted resale; or9.3.2 to recover damages for breach of contract.

Restrictions on rights of purchaserThe purchaser cannot make a claim or requisition or rescind or terminate in respect of -10.1.1 the ownership or location of any fence as defined in the Dividing Fences Act 1991;10.1.2 a service for the propertybeing a joint service or passing through another property, or any service for another

property passing through the property ('service' includes air, communication, drainage, electricity, garbage,gas, oil, radio, sewerage, telephone, television or water service);

10.1.3 a wall being or not being a party wall in any sense of that term or the property being affected by an easementfor support or not having the benefit of an easement for support;any change in the property due to fair wear and tear before completion;a promise, representation or statement about this contract, Ihe property or the title, not set out or relerred toin this contract;a condition, exception, reservation or restriction in a Crown grant;the existence of any authority or ticence to explore or prospect for gas, minerals or petroleum;any easement or restriction on use the substance of either of which is disclosed in this contract or anynon-compliance with the easement or restriction on use; or

10.1.9 anything the substance of which is disclosed in this contract (except a caveat, charge, mortgage or writ).The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions.Normally, the purchaser cannot make a claim or requisition or rescind or terminate or require the vendor to changethe nature of the title disclosed in this contract (for example, to remove a caution evidencing qualified title, or to lodgea plan of survey as regards limited title) .

7

8

8.18.28.3

9

9.19.2

9.3

1010.1

10.210.3

........... a " ....... .- ,... ..........~' .... ,,....' 'T" .. " "~I ............... ,..... .... . ............. .. .........-.........


11 Compliance with work orders11.1 Normally, the vendor must by completion compty with a work order made on or before the contract date and it this

contract is compieted the purchaser must comply with any other work order.11.2 tf the purchaser complies with a work order, and this contract is rescinded or terminated, the vendor must pay the

expense of compliance to the purchaser.

12 Certificates and inspectionsThe vendor must do every1hing reasonable to enable the purchaser, subject to the rights of any tenant -

12.1 to have the property inspected to obtain any certificate or report reasonably required;12.2 to apply (if necessary in the name of the vendor) for -

12.2.1 any certificate that can be given in respect of the property under legislafion; or12.2.2 a copy of any approval, certificate, consent, direction, notice or order in respect of the property given under

legislation, even if given after the contract date; and12.3 to make 1 inspection of the property in the 3 days before a time appointed for completion.

1313.1

13.2

13.3

13.4

13.513.6

13.7

13.8

13.9

13.10

13.11

Goods and services tax (GST)In this clause, enterprise, input tax credit, margin scheme, supply of a going concern, tax invoice and taxable supplyhave the same meanings as in the GST Act.Normally, if a party must pay the price or any other amount to the other party under this contract, GST is not to beadded to the price or amount.If under this contract a party must make an adjustment, pay an expense of another party or pay an amount payableby or to a third party (for example, under clauses 14 or 20.7) -13.3.1 the party must adjust or pay on completion any GST added to or included in the amount; but13.3.2 if this contract says this sale is a taxable supply, and payment would entitle the party to an input tax credit,

the adjustment or payment is to be worked out by deducting any input tax credit to which the party receivingthe adjustment is or was entitled and adding the GST rate.

If this contract says this sale is the supply of a going concern -13.4.1 the parties agree the supply of the property is a supply of a going concern;13.4.2 the vendor must, between the contract date and completion, carry on the enterprise conducted on the land

in a proper and business-like way;13.4.3 if the purchaser is not registered by the completion date, the parties must complete and the purchaser must

pay on completion, in addition to the price, an amount being the price multiplied by the GST rate ("theretention sum"). The retention sum is to be held by the depositholder and dealt with as follows:• it within 3 months at completion the purchaser serves a letter from the Australian Taxation Office stating

the purchaser is registered, the depositholder is to pay the retention sum to the purchaser; but• if the purchaser does not serve that letter within 3 months of completion, the depositholder is to pay the

retention sum to the vendor; and13.4.4 if the vendor, despite clause 13.4.1, serves a letter from the Australian Taxation Office stating the vendor has

to pay GST on the supply, the purchaser must pay to the vendor on demand the amount of GST assessed.Normally, the vendor promises the margin scheme will not apply to the supply of the property.If this contract says the margin scheme is to apply in making the taxable supply, the parties agree that the marginscheme is to apply to the sale of the property.If this contract says the sale is not a taxable supply -13.7.1 the purchaser promises that the property will not be used and represents that the purchaser does not intend

the property (or any part of the propertY! to be used in a way that could make the sale a taxable supply toany extent; and

13.7.2 the purchaser must pay the vendor on completion in addition to the price an amount calculated by multiplyingthe price by the GST rate if this sale is a taxable supply to any extent because of -• a breach of clause 13.7.1; or• something else known to the purchaser but not the vendor.

If this contract says this sale is a taxable supply in full and does not say the margin scheme applies to the property,the vendor must pay the purchaser on completion an amount of one-eleventh of the price if -13.8.1 this sale is not a taxable suppty in full; or13.8.2 the margin scheme applies to the property (or any part of the properM·If this contract says this sale is a taxable supply to an extent -13.9.1 clause 13.7.1 does not apply to any part of the property which is identified as being a taxable supply; and13.9.2 the payments mentioned in clauses 13.7 and 13.8 are to be recalculated by multiplying the relevant payment

by the proportion of the price which represents the value of that part of the property to which the clauseapplies (the proportion to be expressed as a number between 0 and 1). Any evidence of value must beobtained at the expense of the vendor.

Normally, on completion the vendor must give the recipient of the supply a tax invoice for any taxable supply by thevendor by or under this contract.The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxable supply.

ro ..... r- ... ,..,·,.." ......................" ...... ,,..,,........ • ..,, ............ • ...... • .. ,· ........... , .. ,....,.. ........ ,


15

16.816.9

16.116.2

16.416.5

1414.1

14.214.3

16

AdjustmentsNormally, the vendor is entitled to the rents and profils and will be liable for all rates, water, sewerage and drainageservice and usage charges, land tax and all other periodic outgoings up to and including the adjustment date afterwhich the purchaser will be entitled and liable.The parties must make any necessary adjustment on completion.If an amount that is adjustable under this contract has been reduced under fegislation, the parties must on completionadjust the reduced amount.

14.4 The parties must adjust/and tax for the year current at the adjustment date -14.4.1 only if land lax has been paid or is payable for the year (whether by the vendor or by a predecessor in title)

and this contract says that land tax is adjustable;14.4.2 by adjusting the amount that would have been payable if at the start of the year -

o the person who owned the land owned no other land;o the land was not subject to a special trust or owned by a non-concessional company; ando if the land (or part of it) had no separate taxable value, by calculating its separate taxable value on a

proportional area basis.14.5 If any other amount that is adjustable under this contract relates partly to the land and partiy to other land, the parties

must adjust it on a proportional area basis.14.6 Normally, the vendor can direct the purchaser to produce a settlement cheque on completion to pay an amount

adjustable under this contract and if so -14.6.1 the amount is to be treated as if it were paid; and14.6.2 the cheque must be forwarded to the payee immediately after completion (by the purchaser if the cheque

relates only to the property or by the vendor in any other case).14.7 If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before the

adjustment date, the vendor is liable for an amount calculated by diViding the bill by the number of days in the periodthen multiplying by the number of unbilled days up to and including the adjustment date.

14.8 The vendor is liable for any amount recoverable for work started on or before the contract date on the property or anyadjoining footpath or road.

Completion dateThe parties must complete by the completion date and, if they do not, a party can serve a notice to complete if thatparty is otherwise entitled to do so.

Completiono Vendor

On completion the vendor must give the purchaser any document of title that relates only to the property.If on completion the vendor has possession or control of a document of title that relates also to other property, thevendor must produce it as and where necessary.

16.3 Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple) to passto the purchaser free of any mortgage or other interest, subject to any necessary registration.The legal title to the property does not pass before completion.If the vendor gives the purchaser a document (other than the transfer) that needs to be lodged for registration, thevendor must pay the lodgment fee to the purchaser, plus another 20% of that fee.

16.6 If the purchaser serves a land tax certificate showing a charge on any of the land, on completion the vendor must givethe purchaser a land tax certificate showing the charge is no longer effective against the land.o Purchaser

16.7 On completion the purchaser must pay to the vendor, by cash (up to $2,000) or settlement cheque, the price (less anydeposit paid) and any other amount payable by the purchaser under this contract (less any amount payable by thevendor to the purchaser under this contract).If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque.If any of the deposit is not covered by a bond or guarantee, on completion the purchaser must give the vendor anorder signed by the purchaser authorising the depositholder to account to the vendor for the deposit.

16.10 On completion the deposit belongs to the vendor.o Place for completion

16.11 Normally, the parties must complete at the completion address, which is -16.11.1 if a special completion address is stated in this contract - that address; or16.11.2 if none is stated, but a first mortgagee is disclosed in this contract and the mortgagee would usually

discharge the mortgage at a particular place - that place; or16.11.3 in any other case - the vendor's solicitor's address stated in this contract.

16.12 The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor must pay thepurchaser's additional expenses, including any agency or mortgagee fee.

16.13 If the purchaser requests completion at a place that is not the completion address, and the vendor agrees, thepurchaser must pay the vendor's additional expenses, including any agency or mortgagee fee.

PossessionNormally, the vendor must give the purchaser vacant possession of the property on completion.The vendor does not have to give vacant possession if -

1717.117.2

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 4/07


17.2.1 this contract says that the sale is subject to existing tenancies; and17.2.2 the contract discloses the provisions of the tenancy (for example, by attaching a copy of the lease and any

relevant memorandum or variation).17.3 Normally, the purchaser can claim compensation (before or after completion) or rescind if any of the land is affected

by a protected tenancy (a tenancy affected by Part 2, 3, 4 or 5 Landlord and Tenant (Amendment) Act 1948).

18.3

16.418.5

1818.118.2

18.618.7

1919.1

Possession before completionThis clause applies only if the vendor gives the purchaser possession of the property belore completion.The purchaser must not before completion -18.2.1 let or part with possession of any 01 the property,18.2.2 make any change or structural alteration or addition to the property, or18.2.3 contravene any agreement between the parties or any direction, document, legislation, notice or order

affecting the property.The purchaser must until completion -18.3.1 keep the property in good condition and repair having regard to its condition at the giving of possession; and18.3.2 allow the vendor or the vendor's authorised representative to enter and inspect it at all reasonable times.The risk as to damage to the property passes to the purchaser immediately after the purchaser enters into possession.If the purchaser does not comply with this clause, then without affecting any other right of the vendor -18.5.1 the vendor can before completion, without notice, remedy the non-compliance; and18.5.2 it the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interest at the rate

mentioned in Schedule J of the Supreme Court Rules 1970.If this contract is rescinded or terminated the purchaser must immediately vacate the property.If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.

Rescission of contractIf this contract expressly gives a party a right to rescind, the party can exercise the right -19.1.1 only by serving a notice before completion; and19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any arbitration,

litigation, mediation or negotiation or any giving or taking of possession.Normally, if a party exercises a right to rescind expressly given by this contract or any legislation -19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded;19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession;19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.

MiscellaneousThe parties acknowledge that anyjhing stated in this contract to be attached was attached to this contract by thevendor before the purchaser signed it and is part of this contract.Anyjhing attached to this contract is part of this contract.An area, bearing or dimension in this contract is only approximate.If a party consists of 2 or more persons, this contract benefits and binds them separately and together.A party's solicitor can receive any amount payable to the party under this contract or direct in writing that it is to bepaid to another person.A document under or relating to this contract is -20.6.1 . signed by a party if it is signed by the party or the party's solicitor (apart from a direction under clause 4.3);20.6.2 served if it is served by the party or the party's solicitor;20.6.3 served if it is served on the party's solicitor, even if the party has died or any of them has died;20.6.4 served if it is served in any manner provided in s170 of the Conveyancing Act 1919;20.6.5 served if it is sent by fax to the party's solicitor, unless it is not received;20.6.6 served on a person if it (or a copy of jt) comes into the possession of the person; and20.6.7 served at the earliest time it is served, if it is served more than once.An obligation to pay an expense of another party of doing something is an obligation to pay -20.7.1 if the party does the thing personally - the reasonable cost of getting someone else to do it; or20.7.2 if the party pays someone else to do the thing - the amount paid, to the extent it is reasonable.Rights under clauses 11, 13, 14, and 17 continue after completion, whether or not other rights continue.The vendor does not promise. represent or state that the purchaser has any cooling off rights.The vendor does not promise, represent or state that any attached survey report is accurate or current.A reference to any legislation includes a reference to any corresponding later legislation.Each party must do Whatever is necessary after completion to carry out the party's obligations under this contract.Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title.The details and information provided in this contract (for example, on page 1) are, to the extent of each party'sknowledge, true, and are part of this contract.Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.

TIme limits In these provisionsIf the time for something to be done or to happen is not stated in these provisions, it is a reasonable time.If there are conflicting times for something to be done or to happen, the latest of those times applies.

19.2

2020.1

20.220.320.420.5

20.6

20.7

20.820.920.1020.1120.1220.1320.14

20.15

2121.121.2

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION


2323.1

21.321.4

23.323.423.5

21.6

2222.1

The time for one thing to be done or to happen does not extend the time for another thing to be done or to happen.If the time for something to be done or to happen is the 29th, 30th or 31 st day of a month, and the day does not exist,the time is instead the last day of the month.

21.5 If the time for something to be done or to happen is a day that is not a business day, the time is extended to the nextbusiness day, except in the case of clause 2 (deposit).Normally, the time by which something must be done is fixed but not essential.

Foreign Acquisitions and Takeovers Act 1975The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the transfer underthe Foreign Acquisitions and Takeovers Act 1975.

22.2 This promise is essential and a breach of it entitles the vendor to ferminate.

Strata or community titleThis clause applies only if the land (or part of It) is a lot in a strata, neighbourhood, precinct or community scheme (oron completion is to be a lot in a scheme of that kind).

23.2 In this contract -'change', in relation to a scheme, means -• a registered or registrable change from by-laws set out in this contract or set out in legislation and specified in this

contract;• a change from a development or management contract or statement set out in this contract; or• a change in the boundaries of common property;'common property' includes association property for the scheme or any higher scheme;'contribution' includes an amount payable under a by-law;'normal expenses', in relation to an owners corporation for a scheme, means normal operating expenses usuallypayable from the administrative fund of an owners corporation for a scheme of the same kind;'owners corporation' means the owners corporation or the association for the scheme or any higher scheme;'the properlj/ includes any interest in common property for the scheme associated with the lot;'special expenses', in relation to an owners corporation, means its actual, contingent or expected expenses, exceptto the extent they are normal expenses, due to fair wear and tear, disclosed in this contract or covered by moneysheld in the sinking fund.Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable by it.Clauses 14.4.2 and 14.5 apply but on a unit entitlement basis instead of an area basis.The parties must adjust under clause 14.1 -23.5.1 a regUlar periodic contribution;23.5.2 a contribution which is not a regUlar periodic contribution but is disclosed in this contract; and23.5.3 on a unit entitlement basis, any amount paid by the vendor for a normal expense of the owners corporation

to the extent the owners corporation has not paid the amount to the vendor.23.6 If a contribution is not a regular periodic contribution and is not disclosed in this contract -

23.6.1 the vendor is liable for it if it was levied before the contract date (unless it relates to work not started by thatdate), even if it is payable by instalments;

23.6.2 the vendor is also liable for it to the extent it relates to work started by the owners corporation before thecontract date; and

23.6.3 the purchaser is liable for all other contributions levied after the contracf date.23.7 The vendor must payor allow to the purchaser on completion the amount of any unpaid contributions for which the

vendor is liable under clause 23.6.23.8 Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of -

23.8.1 an existing or future actual, contingent or expected expense of the owners corporation;23.8.2 a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under clause 6; or23.8.3 a past or future change in the scheme or a higher scheme.

23.9 However, the purchaser can rescind if -23.9.1 the special expenses of the owners corporation at the later of the contract date and the creation of the

owners corporation when calculated on a unit entitlement basis (and, if more than one lot or a higher schemeis involved, added together), less any contribution paid by the vendor, are more than 1% of the price;

23.9.2 in the case of the lot or a relevant lot or former lot in a higher scheme -• a proportional unit entitlement for the lot is not disclosed in this contract; or• a proportional unit entitlement for the lot is disclosed in this contract but the lot has a different proportional

unit entitlement at the contract date or at any time before completion; or23.9.3 a change before the contract date or before completion in the scheme or a higher scheme substantially

disadvantages the purchaser anI! is not disclosed in this contract.23.10 The purchaser must give the vendor 2 copies of a proper form of notice of the transfer of the lot addressed to the

owners corporation and signed by the purchaser.The vendor must complete and sign 1 copy of the notice and give it to the purchaser on completion.Each party can sign and give the notice as agent for the other.The vendor must serve a certificate under section 109 Strata Schemes Management Act 1996 or section 26Community Land Management Act 1989 in relation to the lol, the scheme or any higher scheme at least 7 days beforethe completion date.

23.1123.1223.13


23.14 The purchaser does not have to complete earlier than 7 days after service of the certificate and clause 21.3 does not

apply to this provision.

23.15 On completion the purchaser must pay the vendor the prescribed fee for the certificate.

23.16 The vendor authorises the purchaser to apply for the purchaser's own certificate.

23.17 The vendor authorises the purchaser to apply for and make an inspection of any record or other document in the

custody or control of the owners corporation or relating to the scheme or any higher scheme.

23.18 If a general meeting of the owners corporation is convened betore completion -

23.18.1 if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and

23.18.2 the purchaser can require the vendor to appoint the purchaser (or the purchaser's nominee) to exercise any

voting rights of the vendor in respecf of the lot at the meeting.

24 Tenancies

24.1 If a tenant has not made a payment for a period preceding or current at the adjustment date-

24.1.1 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and

24.1.2 the purchaser assigns the debt to the vendor on completion and will if required give a further assignment at

the vendor's expense.

24.2 If a tenant has paid in advance of the adjustment date any periodic payment in addition to rent, it must be adjusted as

if it were rent for the period to which it relates.

24.3 It the property is to be subject to a tenancy on completion or is subject to a tenancy on completion -

24.3.1 the vendor authorises the purchaser to have any accounting records relating to the tenancy inspected and

audited and to have any other document relating to the tenancy inspected;

24.3.2 the vendor must serve any information about the tenancy reasonably requested by the purchaser before or

after completion; and

24.3.3 normally, the purchaser can claim compensation (before or after completion) if -

• any of Parts 2 to 7 of the Retail Leases Act 1994 applies to 1he tenancy, unless this contract discloses that

the tenancy commenced on or after 1 August 1994;

• a disclosure statement required by the Act was not given when required;

• such a statement contained information that was materially false or misleading;

• a provision of the lease is not enforceable because of a non-disclosure in such a statement; or

• the lease was entered into in contravention of the Act.

24.4 If the property is subject to a tenancy on completion -

24.4.1 the vendor must allow or transfer -

• any remaining bond money or any other security against the tenant's default (to the extent the security is

transferable);

• any money in a fund established under the lease for a purpose and compensation for. any money in

the fund or interest earnt by the fund that has been applied for any other purpose;

• any money paid by the tenant for a purpose that has not been applied for that purpose and compensation

for any of the money that has been applied for any other purpose; and

24.4.2 if the security is not transferable, each party must do everything reasonable to cause a replacement security

to issue for the benefit of the purchaser and the vendor must hold the original security on trust for the benefit

of the purchaser until the replacement security issues;

24.4.3 the vendor must give to the purchaser -

• a proper notice of the transfer addressed to the tenant;

• any certificate given under the Retail Leases Act 1994 in relation to the tenancy;

• a copy of any disclosure statement given to the tenant under the Retail Leases Act 1994;

• a copy of any document served on the tenant under the lease and written details of Its service, if the

document concerns the rights of the landlord or the tenant after completion; and

• any document served by the tenant under the lease and written details of its service, if the document

concerns the rights of the landlord or the tenant after completion;

24.4.4 the vendor must comply with any obligation to the tenant under the lease, to the extent it is to be complied

with by completion; and

24.4.5 the purchaser must comply with any obligation to the tenant under the lease, to the extent that the obligation

is disclosed in this contract and is to be complied with after completion.

24.5 Rights under this clause continue after completion, whether or not other rights continue.

DOc:Ar'U AI::' f"'\nO"D,,...UT ".A'", nr-t". II"'T'" Il' • ~ ...... A' ...........-, .........


25.7

25.6

25.10

25.5

25.7.225.7.3

Qualified title, limited title and old system title

This clause applies only if the iand (or part of it) -25.1.1 is under qualified, limited or old system tille; or25.1.2 on complellon is to be under one of those titles.The vendor must serve a proper abstract of litle within 7 days after the contract date.If an abstract of title or part of an abstract of title is attached to this contract or has been lent by the vendor to thepurchaser before the contract date, the abstract or part is served on the contract date.An abstract of title can be or include a list of documents, events and facts arranged (apart from a will or codicil) in dateorder, if the list in respect of each document -25.4.1 shows its date, general nature, names of parties and any registration number; and25.4.2 has attached a legible photocopy of it or of an official or registration copy of it.An abstract of title -25.5.1 must start with a good root of title (if the good root of title must be at least 30 years old, this means 30 years

old at the contract date);25.5.2 in the case of a leasehold interest, must include an abstract of the lease and any higher lease;25.5.3 normally, need not include a Crown grant; and25.5.4 need not include anything evidenced by the Register kept under the Real Property Act 1900.In the case of land under old system Iitle -25.6.1 in this contract 'transfer' means conveyance;25.6.2 the purchaser does not have to serve the form of transfer until after the vendor has served a proper abstract

of title; and25.6.3 each vendor must give proper covenants for title as regards that vendor's interest.In the case of land under limited title but not under qualified title -25.7.1 normally, the abstract of title need not include any document which does not show the location, area or

dimensions of the land (for example, by including a metes and bounds description or a plan of the land);clause 25.7.1 does not apply to a document which is the good root of title; andthe vendor does not have to provide an abstract if this contract contains a delimitation plan (whether inregistrable form or not).

The vendor must give a proper covenant to produce where relevant.The vendor does not have to produce or covenant to produce a document that is not in the possession of the vendoror a mortgagee.If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy fromthe Registrar General of the registration copy of that document.Crown purchase moneyThis clause applies only if purchase money is payable to the Crown, whether or not due for payment.The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it.To the extent the vendor is liable for it, the vendor is liable for any interest until completion.To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.1.

Consent to transferThis clause applies only if the land (or part of it) is restricted title land (land that cannot be transferred without consentunder legislation).The purchaser must properly complete and then serve the purchaser's part at an application for consent to transferof the iand (or part of it) within 7 days after the contract date.The vendor must apply for consent within 7 days after service of the purchaser's part.If consent is refused, either party can rescind.If consent is given subject to one or more conditions that will substantially disadvantage a party, then that party canrescind within 7 days after receipt by or service upon the party of written notice of the conditions.If consent is not given or refused -27.6.1 within 42 days after the purchaser serves the purchaser's part of the application, the purchaser can rescind;

or27.6.2 within 30 days after the application is made, either party can rescind.If the legislation is the Western Lands Act 1901 each period in clause 27.6 becomes 90 days.If the land or part is described as a lot in an unregistered plan, each time in clause 27.6 becomes the later of the timeand 35 days after creation of a separate folio for the lot.The completion date becomes the later of the completion date and 14 days after service of the notice granting consentto transfer.

Unregistered planThis clause applies only if some of the land is described as a lot in an unregistered plan.The vendor must do every1hing reasonable to have the plan registered within 6 months after the contract date, withor without any minor alteration to the plan or any document to be lodged with the plan validly required or made underlegisla tion.

25

25.1

25.225.3

25.4

25.825.9

2626.126.226.326.4

2727.1

27.2

27.327.427.5

27.6

27.727.8

27.9

2828.128.2

.................. , ....... ,.. ""r"\OVOI~UT~'I\V DeCI II T , ... , I C~ Al /\f""TI"'''''

Land - 2005 edition

28.3

28.428.528.6

2929.129.229.329.4

29.529.6

29.7

29.8

29.9

12

If the plan is not registered within that time and in that manner-28.3.1 the purchaser can rescind; and28.3.2 the vendor can rescind, but only if the vendor has complied with clause 28.2.Either party can serve notice of the registration of the plan and every relevant lot and plan number.The completion date becomes the later of the completion date and 21 days after service of the notice.Clauses 28.2 and 28.3 apply to a plan that is to be registered before the plan is registered.

Conditional contractThis clause applies only if a provision says tnis contract or completion is conditional on an event.If the lime for the event to happen is not stated, the time is 42 days after the contract date.If this contract says the provision is for the benefit of a party, then it benefits only that party.If anything is necessary to make the event happen, each parfy must do whatever is reasonably necessary to causethe event to happen.A party can rescind under this clause only if the party has substantially complied with clause 29.4.If the event involves an approval and the approval is given subject to a condition that will substantially disadvantagea party who has the benefit of the provision, the party can rescind wifhin 7 days after either party serves notice of thecondition.If the parties can lawfully complete without the event happening -29.7.1 if the event does not happen within the time for it to happen, a party who has the benefit of the provision can

rescind wifhin 7 days after the end of that time;29.7.2 if the event involves an approval and an application for the approval is refused, a party who has the benefit

of the provision can rescind within 7 days after either party serves notice of the refusal;29.7.3 the completion date becomes the later of the completion date and 21 days after the earliest of-

• either party serving notice of the event happening;• every party who has the benefit of the provision serving notice waiving the provision;• the end of the time for the event to happen. .

If the parties cannot lawfully complete without the event happening - ,29.8.1 if the event does not happen within the time for it to happen, either party can rescind;29.8.2 if the event involves an approval and an application for the approval is refused, either party can rescind;29.8.3 the completion date becomes the later of the completion date and 21 days after either party serves notice

of the event happening.A party cannot rescind under clauses 29.7 or 29.8 after the event happens.

BREACH OF COPYRIGHT MAY RF~IIIT I'" I ~~AI Ar.Tl()'"

ADDITIONAL CONDITIONS

30. Defmitions and Interpretation

30.1 Definitions

In this Contract:

"Acceptable Reduction" means a reduction in the Lot Area that is less than or equal to5%;

"Completion" means completion of this Contract;

"Completion Date" means the date determined under the Additional Condition 35;

"Consent" means the Development Consent issued by the council in respect of theLand together with any amendment or variation thereof, including, without limitation,a section 96 application and approval by the Councilor the Land and EnvirorunentCourt made from time to time by the Vendor in its absolute discretion;

"Council" means Tamworth Regional Council and/or any other statutory authorityhaving jurisdiction over the Property;

"Deposit Guarantee" means any bank guarantee, unconditional undertaking orinsurance deposit bond accepted by the Vendor at exchange of this Contract inrelation to the Deposit under this Contract;

"Discharge" means a registrable discharge or withdrawal of an encumbrance;

"Expert" means a person with qualifications or experience in the relevant areanominated by the President for the time being of the Australian Property Institute(Inc) NSW Division;

"Interest Rate" means 10% per annum, calculated daily;

"Land" means the land contained and described in Folio Identifier 20311138707;

"Lot" means the lot or lots referred to in "Land Plan - Umegistered Plan" on page 1;

"Lot Area" means the area of the Lot as specified on the Plan;

"Plan" means the draft plan, a copy of which is annexed to this Contract and marked"A", as that draft may be amended, varied or otherwise affected from time to time ascontemplated in this Contract;

"Pressure Sewage Systems Management Plan" means the Management Plan issued bythe Council a copy of which is annexed to this Contract and marked "B".

"Printed Conditions" means the conditions of sale contained in the Standard Form ofContract for Sale - 2005;

"Property" means the Lot;

2

"Sunset Date" means 31 May 2010.

31. Amendments to Printed Conditions

The Printed Conditions shall be amended in the following manner:

31.1 Clause 5.1 is replaced with:

"if it arises out of this Contract - within seven (7) days after the date on whichthe Vendor serves notice ofthe registration of the Plan"

31.2 Clause 5.2 is replaced with:

"if it arises out of anything served by the Vendor on the Purchaser - withinseven (7) days after the day of that service or within seven (7) days after theday on which the Vendor serves notice of the registration of the Plan,whichever is the earlier; and"

31.3 Clause 7.1.3 is replaced with:

"the Purchaser does not serve notice waiving the claims within seven (7) daysafter that service; and"

31.4 Clause 10.1, line I is replaced with:

"The Purchaser cannot make a claim or requisition, delay completion, rescindor terminate in respect of -"

31.5 Clauses 13, 15,16.8 and 22 are deleted.

31.6 The words "plus another 20% of that fee" are deleted from the end of clause16.5.

31.7 The words "this clause 20.6.3 applies to any document in an action III

connection with this Contract including, without limitation, any writ ofsummons or other originating process" is inserted before the semi-colon at theend of clause 20.6.3.

31.8 Clauses 23.6, 23.9, 23.13, 23.14, 23.15, 23.16 and 23.18 are deleted.

31.9 Clauses 25 to 29 inclusive are deleted.

32. Representations and Warranties Negatived

32.1 The Purchaser warrants that, unless otherwise stated in this Contract, it has notentered into this Contract in reliance on any statement representation, promiseor warranty made by the Vendor or on its behalf including without limitationany statement representation, promise or warranty in respect of the nature orfitness or suitability for any purpose of the Property or any financial return orincome to be derived from the Property.

3

32.2 The Purchaser expressly acknowledges and agrees that as at the date of thisContract the terms and conditions set out in this Contract contain the entireagreement in relation to the Property as concluded between the partiesnotwithstanding any negotiations or discussions held or documents signed orbrochures produced or statements made to it prior to execution. The Purchaserfurther acknowledges that it has not been induced to enter into this Contract byany representation verbal or otherwise made by or on behalf of the Vendorwhich is not set out in this Contract.

32.3 The Purchaser has obtained appropriate independent advice on and is satisfiedabout:

32.3.1 the Purchaser's obligations and rights under this Contract; and

32.3.2 the nature of the Property and the purposes for which the Property maybe lawfully used.

33. Registration of Plan

33.1 This Contract is conditional upon the registration of a plan substantially in theform of the Plan prior to the Sunset Date.

33.2 The Vendor must use all reasonable endeavours to satisfy the condition inAdditional Condition 33.1.

33.3 Should the condition in Additional Condition 33.1 not be satisfied either partymay, prior to registration of the Plan, by notice in writing, rescind thisContract. The Purchaser acknowledges and agrees that its only right orremedy available in the event that the condition in Additional Condition 33.1is not satisfied is the right of rescission contained in this clause, and theVendor will not be liable to pay to the Purchaser any damages, costs orexpenses.

33.4 In addition to clause 33.1, the Vendor may extend the Sunset Date by each daythat the Vendor has been delayed by reason of:

33.4.1 inclement weather or conditions resulting from inclement weather;

33.4.2 any delay in any approval required for development activitiesnecessary desirable for registration of the Plan or completion of thisContract; or

33.4.3 any matter or thing beyond the control of the Vendor.

33.5 The Vendor is the sole determinant of the Vendor's entitlement to extensionsoftime under clause 33.3.

33.6 A certificate by the Vendor in relation to extensions oftime under clause 33.3is final, conclusive and binding on the parties.

4

33.7 The Vendor may make variations to the Plan from time to time that the Vendorconsiders necessary or desirable in its absolute discretion. The Purchaser shallnot be entitled to make any objection requisition or claim for compensationnor rescind or terminate nor delay Completion in respect of:

33.7.1 any increase or Acceptable Reduction in the Lot Area; or

33.7.2 any minor variation in the location of the Lot from the location shownon the Plan annexed; or

33.7.3 any variation in the number of lots in the Plan or the area or location ofany lot other than the Lot; or

33.7.4 any alteration to the lot numbers; or

33.7.5 any addition to, amendment or change to the draft Section 88Battached to this Contract.

33.8 lfthe Vendor:

33.8.1 varies the Plan so as to reduce the Lot Area to an extent which exceedsan Acceptable Reduction; or

33.8.2 varies the Plan so as to vary the location of the Lot to an extent whichis other than minor when compared to the draft plan annexed,

then the Vendor shall notifY the Purchaser in writing of such variation ("theVariation Notice") and the Purchaser may (subject to Additional Clause 33.11)rescind this Contract, in which case the provisions of clause 19 shall apply.

33.9 Any disagreement between the Vendor and the Purchaser in relation towhether a variation in the location of the Lot is other than minor must benotified in writing by the Purchaser to the Vendor within seven (7) days of thedate of service of a copy of the varied Plan. Should the Vendor agree that theamendment is not minor it shall serve a notice on the Purchaser stating that thePurchaser may rescind this Contract within seven (7) days from the date ofsuch notice. Should the Vendor not agree that the amendment is not minor itshall refer the disagreement to an Expert and the Expert's decision will befinal and binding on the parties, including any decision as to the party orparties who are to bear the cost of the determination.

33.10 The right of rescission specified in Additional Condition 33.7, if any, must beexercised within seven (7) days (time being of the essence) of the date ofservice ofthe Variation Notice.

33.11 The right ofrescission specified in Additional Condition 33.8, if any, must beexercised either within seven (7) days (time being of the essence) of the dateof the Vendor's notice granting the right of rescission or should the Expert

5

detennine that a right of rescission applied within seven (7) days (time beingof the essence) of the date of the Expert's decision.

33.12 If the right of rescission conferred by Additional Condition 33.7 is notexercised within seven (7) days of the right of rescission accruing, thisContract remains binding in all respects as though that right of rescission hadnever arisen.

33.13 The Purchaser agrees that the right of rescission specified in AdditionalCondition 33.7 is the only remedy available to the Purchaser following receiptof a notification pursuant to Additional Condition 33.7 and the Vendor shallnot be liable to the Purchaser for any damages, costs or expenses.

34. Transfer

34.1 The Purchaser must serve the fonn of Transfer within seven (7) days after theVendor's Solicitors advise the Purchaser's representative in writing ofregistration of the Plan and every relevant lot and plan number.

35. Completion Date

35.1 Completion of this Contract shall take place on twenty one (21) days from thedate upon which the Vendor's Solicitors notify the Purchaser's representativein writing that the Plan has been registered. ("the Completion Date")

35.2 Subject to the satisfaction of the condition precedent, if either party does notcomplete this Contract on or before the Completion Date then the other partyshall be entitled to make time of the essence of this Contract by issuing uponthe other party a Notice to Complete the Contract within fourteen (14) daysfrom the date of service of such Notice.

35.3 If the Purchaser completes this Contract but does not do so on or before theCompletion Date, then on completion:

35.3.1 The Purchaser must pay the Vendor interest on:

35.3.1.1

35.3.1.2

the balance of the purchase price; and

any other amount payable by the Purchaser to theVendor under this Contract,

from but excluding the Completion Date to and including the date ofactual Completion at the Interest Rate; and

35.3.2 despite Clause 14, adjustments are to be made as at the earliest of theCompletion Date, the date possession is given to the Purchaser and thedate of actual Completion.

35.4 Payment of interest in accordance with this clause 35 is an essential tenn ofthis Contract.

6

35.5 The Purchaser need not pay interest under this clause 35 for as long as thePurchaser is ready, willing and able to complete and Completion cannot takeplace because the Vendor cannot complete.

35.6 If a party is entitled to serve a notice to complete, then fourteen (14) days(excluding the day on which that notice is served) is a reasonable period toallow for Completion in that notice.

36. Purchaser's Acknowledgment

36.1 The Purchaser acknowledges that the title to the Land, the Plan and/or theproposed lot(s) and/or the Property may be affected or amended by anyone ormore of the following:

36.1.1 redefinition of the boundaries of the Land;

36.1.2 road re-alignment or dedication;

36.1.3 easements, covenants, restrictions as to user or dedications;

36.1.4 variation of the proposed boundaries between the lots other than theProperty;

36.1.5 alterations to the lot numbers;

36.1.6 an increase or reduction in the number of lots.

36.2 If the Plan as registered is affected or amended as contemplated in thisAdditional Condition then the Plan will be deemed to be substantially in theform of the Plan for the purposes of Additional Condition 33 of the Contract.

36.3 Notwithstanding any contrary provision in this Contract, the Purchaser agreesnot to make any objection, requisitions or claim, nor delay completion norrescind or terminate should the circumstances set out in Additional Condition36.1 occur.

37. Proposed Section 88B Instrument

37.1 The Vendor intends to create pursuant to Section 88B of the ConveyancingAct, 1919 an instrument to be lodged for registration with the Plan dealingwith easements and restrictions inter alia, as hereunder:

• Minimum living area of dwelling to be 150m2 excluding any garages,carports, patio or verandah and to be of single storey construction.

• No more than one dwelling to be constructed on each lot.

• No mobile or transportable homes to be erected or moved onto any lot.

7

• Maximum size of any shed is 100m2 with a maximum height of 3 metres(from eaves to natural ground level) and to be constructed of timber, brickor colourbond steel.

• No truck, lorry or semi trailer with a loading capacity exceeding 5 tonnes(tare) is permitted.

• No colourbond steel fencing is permitted.

• Two tone bricks (different coloured bricks used alternatively) are notpermitted.

• Tile & colourbond roofing colours to be selected from specified range.

• No motor vehicles which are unregistered or any broken or derelictmachinery or rubbish may be stored on the Land unless in a shed oroutbuilding erected on the Land.

• no structures shall be erected or installed on any building on the Land inthe nature of aerials, solar hot water panels, communication dishes or airconditioning or cooling plant unless same is aesthetically screened fromany roadway abutting the Land.

• No excavation materials, rubbish or builders' waste may be stored otherthan in a bin or screened enclosure to prevent distribution by the wind,water or other means on the site or any adjacent lands or roads.

37.2 The Purchaser purchases the property subject to any easements or restrictionsaffecting the property created substantially in accordance with these proposalsor required by any competent authority in connection with approval of thePlan. The Vendor may vary or add to the restrictions on use regardingconstruction of improvements or fencing as it may deem necessary or desirablefor the development.

37.3 The Purchaser may not make any requisitions, objection, question or claim forcompensation in relation to any variation between these proposals and the 88BInstrument as registered unless that variation materially adversely affects theproperty.

37.4 The only right arising from any variation to these proposals that materiallyadversely affects the property is to rescind the Contract and neither party willhave any further claim against the other.

37.5 The Purchaser's right of rescission under clause 37.4 will extend for seven (7)days from the date on which the Purchaser is notified of any variation to theproposals that has a material adverse effect. If the Purchaser does not rescindwithin that time, the right of rescission lapses immediately. In the event thereis a disagreement between the parties as to whether a variation materiallyadversely affects the property the Vendor shall refer the disagreement to anExpert and the Expert's decision shall be final and binding on the parties,

8

including any decision as to the party or parties who are to bear the cost of thedetermination.

37.6 The Purchaser acknowledges that it will comply with all the restnctlOnscreated by the 88B Instrument. The Purchaser must not make any requisition,objection question or claim for compensation against the Vendor or terminate,rescind or delay completion of this Contract because of any matter referred toor disclosed in this clause.

38. Selling Agent

The Purchaser warrants that except for the Estate Agent or Agents referred toin this Contract it has not been introduced to the property or to the Vendor byany other Estate Agent or employee of another Estate Agent and agrees toindemnify and keep indemnified the Vendor against all claims, actions, suits,demands, costs and expenses in relation to a breach of this warranty. ThisAdditional Condition shall not merge on completion.

39. Existing Services

39.1 The Purchaser shall take title subject to existing electricity and otherinstallations and services, if any, and shall not make any objection requisitionsor claim for compensation or rescind or terminate in respect thereof on theground that any connection passes through any other property or that anyconnection to any other property passes through the Land.

39.2 Should any water main or any underground or surface stormwater pipe passthrough over or under the Land, the Purchaser shall not make any objectionthereto or make any requisition or claim any compensation or rescind orterminate in respect thereto.

40. Council, Water & Sewage Rates

40.1 If, at Completion, a separate assessment for council, water & sewage rates inrespect of the property for the year current at Completion has not been issued,the Vendor must pay the actual separate assessment if and when it issues. OnCompletion the Purchaser must adjust the amount of $1,000.00 per annumunless a separate assessment is available or contemplated whereby the separateassessment shall be adjusted.

40.2 The Vendor must, on or before Completion, payor procure the payment of anyassessment for council, water & sewage rates issued before completion for theLand or for the property either in full or to the extent necessary to free theproperty from any charge for the payment of rates.

41. Selling and Leasing Activities

41.1 The Purchaser acknowledges that both before and after Completion the Vendorand persons authorised by the Vendor may:

9

41.1.1 conduct selling and leasing activities on the Land (but not theProperty),

41.1.2 place and maintain in, on and about the Land (but not the Property)signs in connection with those selling and leasing activities, and

41.1.3 place and maintain in, on and about the Land (but not the Property) anoffice other facility or both for salespersons.

41.2 This clause shall not merge on Completion and its effects shall continue untilthe Vendor completes the sale of all lots in the Plan.

42. Non Merger

The parties acknowledge that the benefit of the provisions of this Contracthaving application after completion continue to apply notwithstandingCompletion.

43. Pressure Sewage System

43.1 The Purchaser acknowledges that the property is capable of being connected tothe pressure sewage system administered by the Council in accordance with:-

43.1.1 The Pressure Sewage Systems Management Plan; and

43.1.2 The proposed Section 88B Instrument.

43.2 The Purchaser acknowledges that he shall not be entitled to make anyrequisition, objection or claim for compensation nor delay Completion by anymatter disclosed in this clause.

44. Guarantee and Indemnity

44.1 If the Purchaser is a corporation (other than a corporation listed on anyAustralian Stock Exchange) the Purchaser must procure the completion andexecution of the following unconditional guarantee by two natural personsover the age of eighteen (18) years who are directors or substantialshareholders of the Purchaser ("the Guarantors").

44.2 The Guarantors:

44.2.1 give this guarantee and indemnity in consideration of the Vendoragreeing to enter into this Contract; and

44.2.2 acknowledge that the Vendor has given valuable consideration for thisguarantee and indemnity.

44.3 The Guarantors unconditionally and irrevocably guarantee to the Vendor:

10

44.3.1 payment to the Vendor of all monies due to the Vendor under thisContract; and

44.3.2 the due and punctual performance by the Purchaser of all itsobligations under this Contract.

44.4 If the Purchaser does not pay any amount due to the Vendor on time and inaccordance with the terms of the Contract, then the Guarantors agree to paythose monies to the Vendor on demand by the Vendor.

44.5 As an independent and principal obligation the Guarantors indemnify theVendor against all liability or loss arising from, and any costs, charges orexpenses incurred in connection with or arising out of the failure of thePurchaser to make payment to the Vendor of all monies due to the Vendorunder this Contract or the failure of the Purchaser to duly and punctuallyperform all or any of its obligations under this Contract.

44.6 The indemnity in the previous clause shall extend to any loss arising from anymonies payable by the Purchaser under this Contract or from the Purchaserbecause ofany circumstances whatsoever.

44.7 This Guarantee and Indemnity is a continuing security and extends to allmonies payable under this Guarantee and Indemnity.

44.8 The Vendor need not make a demand on the Purchaser before making ademand on the Guarantors or anyone of them. A demand on the Guarantorsor anyone of them may be made at any time and from time to time.

44.9 The Guarantors waive any right they have of first requiring the Vendor toproceed against or enforce any other right against the Purchaser or any otherperson including another of the Guarantors, before making any claim againstthe Guarantors under this Guarantee and Indemnity.

44.1 0 The liabilities of the Guarantors under this Guarantee and Indemnity of theGuarantors where as guarantors or as principals are not affected by anythingwhich might otherwise affect them at law or in equity including, withoutlimitation, one of more of the following:

44.10.1

44.10.2

44.10.3

the Vendor or other person granting time or other indulgenceto, compounding or compromising with or releasing thePurchaser; or

acquiescence, delay, acts omissions or mistakes on the part ofthe Vendor; or

any variation or novation of a right of the Vendor, or alterationof this Contract or document, in respect of the Purchaser.

44.11 As long as any monies payable under this Guarantee and Indemnity remainunpaid the Guarantors may not, without the consent of the Vendor:

44.11.1

44.11.2

11

make claim or enforce a right against the Purchaser or itsproperty; or

prove in competition with the Vendor in any bankruptcy orliquidation of the Purchaser.

44.12 The Guarantors represent and warrant that:

44.12.1

44.12.2

44.12.3

44.12.4

their obligations under this Guarantee and Indemnity are validand binding;

they do not enter into this Guarantee and Indemnity in thecapacity of a trustee of any trust or settlement;

they are natural persons over the age of eighteen (18) years;and;

they are directors of or substantial shareholders of thePurchaser.

44.13 This Additional Condition is an essential term of this Contract.

45. GST

45.1 In this clause "GST" refers to goods and services tax under a New TaxSystem(Goods and Services Tax) Act 1999 ("GST Act") and the terms usedhave the same meaning as defmed in the GST Act.

45.2 The price shown in this Contract includes GST.

46. Deposit Guarantee

46.1 The following Additional Condition applies only if the Purchaser provided aDeposit Guarantee for the amount of the Deposit.

46.2 Subject to Additional Conditions 46.3 & 46.4 the delivery of the depositGuarantee on or before the date of this Contract, to the person nominated inthis Contract as the Deposit holder will, to the extent of the amount guaranteedunder the Deposit, be deemed for the purpose of Contract to be payment of thein Deposit in accordance with this Contract.

46.3 The Purchaser must pay the amount stipulated in the Deposit Guarantee to theVendor in cash or by unendorsed bank cheque on Completion or at such othertime as this Contract may require the deposit to be paid to the Vendor.

46.4 If the Vendor serves on the Purchaser a notice in writing claiming to forfeit theDeposit, then to the extent that the amount has not already been paid by theGuarantor under the Deposit Guarantee, the Purchaser will immediately pay

12

the deposit (or so much of the Deposit as has not been paid) to the Depositholder.

46.5 The Vendor acknowledges that payment by the Guarantor under the DepositGuarantee will, to the extent of the amount paid, be in satisfaction of thePurchaser's obligation to pay the Deposit under Additional Condition 46.4.

46.6 If the Deposit Guarantee has an expiry date which occurs before the SunsetDate, the Purchaser must at least one (I) calendar month before that expirydate replace the Deposit Guarantee with either a bank cheque in favour of thesolicitors for the Deposit or a replacement Deposit Guarantee with an expirydate occurring after the Sunset Date, as extended or the Completion Date,whichever is the later.

Accordingly, should the Vendor exercise its right to extend the Sunset Datepursuant to Additional Condition 33.3 and the Deposit Guarantee provided bythe Purchaser has an expiry date that elapses before the date to which theSunset Date is extended to, then the Purchaser must provide, at least one (I)calendar month before the expiry of the Deposit Guarantee provided, either abank cheque in favour of the Vendors Solicitor for the deposit or areplacement deposit Guarantee which has an expiry date occurring after theextended Sunset Date.

46.7 If the Purchaser fails to provide either a bank cheque or a replacement Depositunder Additional Condition 46.6, the Purchaser will have breached anessential of this Contract. The Vendor may then at its election terminate thisContract or the Contract on-foot. The Vendor may claim under the existingDeposit at any time during the one (I) calendar month prior to its expiry andeither apply that money by way of forfeiture of deposit (if the Contract hasterminated) or apply that money as the Deposit under this Contract.

47. Lot Marking

The Vendor will not be responsible for the accuracy, preservation orreplacement of survey marks or pegs on the property.

48. Fencing

48.1 The Vendor shall prior to completion in a proper and workmanlike mannerfence the inter-allotment rear and side(s) of the property at the Vendor's cost("Inter-allotment Fencing"), provided there shall be no obligation to fence anyboundary that adjoins any land owned by any other party other than theVendor (the "Neighbouring Boundary").

48.2 Such Inter-allotment Fencing shall comprise of steel strainers and stays withiron posts every three (3) metres including plain wires and 900mm nettingprovided that the Vendor reserves the right to use alternative materials at itssole discretion provided such alternative materials do not materially adverselyaffect the Purchaser.

13

48.3 The Purchaser shall not be entitled to make any requisition, objection or claimfor compensation or delay Completion by any matter disclosed in this Clauseincluding if the fencing of the Neighbouring Boundary comprises stock-proofbarbed wire fences.

49. Lesser Deposit

49.1 Notwithstanding any other provisions of this Contract, the Vendor will on themaking of this Contract accept on account of the deposit of 10% the amountwhich is equal to 5% of the purchase price as stated on the front page of thisContract.

49.2 On completion of this Contract the unpaid balance of the deposit shall be paidby the Purchaser to the Vendor in addition to the balance of the purchase priceas adjusted.

49.3 If this Contract is terminated by the Vendor, in addition to forfeiting theamount held by the Vendor as the deposit, the Vendor shall be entitled torecover from the Purchaser the unpaid balance of the deposit.

50. New Services

50.1 The subject lot will be benefited at completion with:(a) trickle flow water supply provided by Tamworth Regional Council.(b) a pressure sewage septic operated by Tamworth Regional Council.(c) underground power to the boundary of the lot provided by Country Energy.

NSW LPI Title Search

LAND AND PROPERTY INFORMATION.NEW SOUTH WALES - TITLE SEARCH

FOLIO: 203/1138707

Page 1 Ot 1

SEARCH DATE

20/10/2009

LAND

TIME

9:45 AM

EDITION NO

1

DATE

26/8/2009

LOT 203 IN DEPOSITED PLAN 1138707AT MOORE CREEKLOCAL GOVERNMENT AREA TAMWORTH REGIONALPARISH OF WOOLOMOL COUNTY OF INGLISTITLE DIAGRAM DPl138707

FIRST SCHEDULE

KODE HOLDINGS PTY LIMITED

SECOND SCHEDULE (3 NOTIFICATIONS)

1 LAND EXCLUDES MINERALS AND IS SUBJECT TO RESERVATIONS ANDCONDITIONS"IN FAVOUR OF THE CROWN - SEE CROWN GRANT(S)

2 AE208728 MORTGAGE TO WESTPAC BANKING CORPORATION3 DPl133257 EASEMENT TO DRAIN WATER 40 METRE(S) WIDE APPURTENANT

TO THE LAND ABOVE DESCRIBED

NOTATIONS

UNREGISTERED DEALINGS: NIL

*** END OF SEARCH ***

RWL/KODE:9661 PRINTED ON 20/10/2009Espreon hereby certifies that the information contained in this document has been provided electronically by the Registrar-General in accordance with Section 96B(2) ofthe FJProperty Act, 1900.•Any entries preceded by an asterisk do not appear on the current edition of the Certificate ofTitle.

Warning: The infonnation appearing under notations has not been formally recorded in the register.

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SIGNA.TURES, SEALS and STATEMENTS of Inlention 10 dedicalepubiic roads, to creale public reserves. drainage reserves. easemenls,restrlctlons on Ihe use of iand or positive covenanls.

PURSUANT TO SECTION 888 OF THE CONVEYANCINGACT, 1919, IT IS INTENDED TO CREATE:-

LGA: TAMWORTH REGIONAL

Locality: MOORE CREEK

Parish: WOOLOMOL

County: INGliS

Use PlAN FORM 6Afor additional certificales, signatures. seals and statemenls

Surveying Regulation, 2006

t, DAVlDANDREW LORDof BATH, STEWART ASSOCIATES Pty LtdDX 6124 Tamworth NSW (Tel: 02 6766-5966)

Crown Lands NSWlWestern Lands Office Approva a surveyor regislered underthe SUTVeying Act, 2002, cefUfy that thesurvey represented In this pian is accurale. has been malle in

I.. .in approving this cerUfy accordance with the Surveying Regulation, 2006 and was compleled(Authorised otrlCer) on 20TH April 2009

that an necessary approvals in regard 10 location of t/le landshown herein have been given The survey reiales 10 Lois 203 &204Signalure:.................... (speciry Ihe land aciually surveyed or specify any land shown in theDale:.................. plan t/lat is n~t/l.subject Ok!the survey)Fila Number: .OffICe' S,'gnalu- Dated 29 '2009......"- --1 '0....... .. .,.

I~ SUrveyorregistered lIIIder file S(/(veying Ad, 2002

Subdivision CertificateI certify lhal the provisions of s.1 09J of t/le Envlronmenlal Planning andAssessmenl Acl1979 have been sal~fied in relalion 10 Ihe proposedset oUI herein SUBDIVISION

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SURVEYOR'S REFERENCE: 07259 Geom. 04315v22Dwg7259C-1

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CERTIFICATES, SIGNATURES AND SEALS Sheet 2 of 2 sheel(s)

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SubdMslon Certificate No: 00312010 Dale of Endorsement:: 17.7.2009

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~: . It ",.::~ ~ rs 0 !:U ~,f''(l''' Sur••, ..... DAVID AtGtfW LOI'lD PLAN Of EASEMENT TO DRAIN SEWAGE 004. TAMWORTH REGIONAL"""lOw « ~, ~_ .~. "'ttl SlEIJART ASSOOUU nY l.HTtD:;!:l 0 cr 0 .~n ~ "l.~nn-,,'" • ~~..... I'll _ U) IIX U241 T.olH«IllM w.t 15 WIDE 10 EAs&lENT TO DRAIN WATER Loc:a.lit,.HOORE CREEK:lg- z: u c:: ~';. ::.,._".. ~·"fo.. ( Oat. ot s .....",. :n.lO.20111 40 WlOf OVER LOTS 515, 57 I. 58 IN Sulod...i&i..n C.r1ifltol" HI;I,~.. :::} "0.. 0 s......,vo: A.UI.1 ....... 1...... ' OP 1120'933 10 LOT 167 IN DP 753851 L"ngth~ ore in metru,1:1''04 11 , G"OIII Hodo:l 04)IS..ZZ R.dualOll RClIIo 1.Z500~:! _ 11,

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// DEPOSITED PLAN ADMINISTRATION SHEET Sheet 1 of Sheet(s)

•

DP1133257

PLAN OF EASEMENT TO DRAIN SEWAGE 6WIDE & EASEMENT TO DRAIN WATER 40WIDE OVER LOTS 56, 57 &58 IN DP 1120933& LOT 1671N DP 753851

DBtum Une: PM 151616- PM 147588Type: Rural

Surveying Regulation, 2006

I, DAVID ANDREW LORDof BATH, STEWART ASSOCIATES Pty LtdDX 6124 Tamworth NSW (Tel: 02 6766-5966)asurveyor regislered under the Surveying Act. 2002. cerlify that lhesurvey represented in this plan is accurate, has been made inaccordance with the Surveying Regulal/on. 2006 and was compleledon 27. October 2008

The survey relales 10 the Easement 10 Drain Sewage 6 Wide &Easemenllo Drain Water 40 Wide"." " "(specify the land actually surveyed or specify any land shown in the

::~~:::e~.~~.~.te~~~) ......DBted. /2.} /.2008&we)o1)fregislered undellhe SUrveying Act. 2002

:':;ZoUJUl::J

I-----------------ltsRegistered: e 27-3-2009 • tE

oTitle System: TORRENS •

Purpose: EASEMENT

SIGNATURES, SEALS and STATEMENTS 01 intention 10 dedicalepUblic roads, to create pUblic reserves, drainage reserves, easements,r.slrielions on Ihe use of land or po~tive covenanls.

PURSUANT TO SECTION 888 OF THE CONVEYANCINGACT, 1919, IT IS INTENDED TO CREATE:·

(Insert 'subdlvisoo' or 'new rooo'

lor additional

Crown Lands NSWlWestem Lands Office Approve

I in approving this certify(Aulhorlsed Offlcer)

thai all necessary approvals In re9ard 10 I calion of the landshown herein have been given

Signalure:.................... . ..Oale: .File Number' .Office' .

1. EASEMENT TO DRAIN SEWAGE 6WIDE•..• (C)2. EASEMENT TO DRAIN WATER 40 WIDE....(D)

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1+;;;],,""____~--.J{0j~~-----l

LGA: TAMWORTH REGIONAL

Locality: Moore Creek

Parish: Woolomol

County: Inglis

Subdivision CertificateI certify thai the provisions of s.109J of the Environmenlal Plan g andAssessment Act 1979 have been satisfied In relallon to the posedset out herein

•Authorised Person/General Man r/Accredlled Certifier

Consent Authorily: TAMWORTH

Oate of Endorsement .. .

Plans used in the preparalion of survey/compilation

DP 1107463DP1120933DP 1116435

Accredltalion no: , .

Subdivision iflcate no: ", .

Filen .•0 Ie \lIt\ittlever is inapplicable.

(U insuffIcienl space use Plan Form 6A. annexull sheen

SURVEYOR'S REFERENCE: 08188 Dwg8188A

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...

INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATEDPURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919

Lengths are In metres

PLAN

DP1133257

Full Name and Address ofthe owner of the Land(Lot 58/1120933)

Full Name and Address ofthe owner of the Land(Lots 58 and 57 inDP1120933 and Lot 167 inDP 753851)

Page 1of 5

PLAN OF EASEMENT TO DRAIN SEWAGE6 WIDE AND EASEMENT TO DRAINWATER 40 WIDE OVERLOTS 56, 57 AND 58 IN DP 1120933 ANDLOT 167 IN DP 753851

Paul Patrick Maloney &Rhonda Ellen Maloney of31 Craigends LaneTAMWORTH NSW 2340

Robert Geoff Bowden ofRMB 295b Forest RoadTAMWORTH NSW 2340

PART 1 (Creationl

Number of Item Benefited Lots(5)shown In the Identity of easement Bodies, or

intention panel to be created and Burdened Lot(s) or Prescribedon the plan referred to in the plan Parcel(s) Authorities

1 EASEMENT TO 56,57,58, Tamworth RegionalDRAIN SEWAGE DP1120933 Council

6 WIDE (C) 167,DP753851

2 EASEMENT TO 56,57,58, Tamworth Regional

DRAIN WATER 40 DP1120933 Council

WIDE (D) 167, DP 753851 307 DP 1103639, 308DP 1107463, Lots 165,

166 and 168, DP753851, 69 DP 753851,

52 DP 1120933

A'--/"'__-fJ- -'/Approved by Tamworth Regional Council. .

Authorised Per on

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INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATEDPURSUANT TO SECTION 88B OF THE CONVEYANCING ACT, 1919

Lengths are in metres

PLAN

Page 2 of 5

PLAN OF EASEMENT TO DRAIN SEWAGE6 WIDE AND EASEMENT TO DRAINWATER 40 WIDE OVERLOTS 56, 57 AND 58 IN DP 1120933 ANDLOT 167 IN DP 753851

PART 2 (Terms}

1. Terms of Easement to Drain Sewage 6 wide (el

1. The body having the benefit of this easement may:

(a) drain sewage, sullage and other fluid wastes in pipes through each lotburdened, but only within the site of this easement, and

(b) do anything reasonably necessary for that purpose, including:

• entering the lot burdened, and

• taking anything on to the lot burdened, and

• using any existing line of pipes, and

• carrying out works, such as constructing, installing, placing, repairingor maintaining pipes, manholes and equipment.

2. In exercising those powers, the body having the benefit of this easement must:

(a) ensure all work is done properly; and

(b) cause as little inconvenience as Is practicable to the owner and anyoccupier of the lot burdened;

(c) cause as little damage as is practicable to the lot burdened and anyImprovements on it; and

(d) restore the lot burdened as nearly as practical to its former condition; and

(e) make good any collateral damage.

2. Terms of Easement to Drain Water 40 wide (D)

1. Full and free right for the proprietors of the land benefited and the body benefited to drainwater Whether rain, storm, spring, soakage or seepage but only within the sile of theeasement and not know:nglY to drain contaminated or polluted wate~rosje surface

Approved by Tamworth Regional Counc ~ .Authorised Perso

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e-Plan

INSTRUMENT SETIING OUT TERMS OF EASEMENT INTENDED TO BE CREATEDPURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919

Lengths are In metres Page 3 of 5

PLAN PLAN OF EASEMENT TO DRAIN SEWAGE6 WIDE AND EASEMENT TO DRAINWATER 40 WIDE OVERLOTS 56, 57 AND 58 IN DP 1120933 ANDLOT 167 IN DP 753851

of the land burdened, proVided Ihal the proprietor of the lands benefited and the bodybenefited shall have no right 10 come on to Ihe land burdened or to remain there, noropen the land, nor to lay pipes, construct drains or canals nor to bring on to the landburdened any equipment, tools or machinery.

NAME OF PERSONS AND BODY EMPOWERED TO RELEASE, VARY OR MODtFY THEEASEMENT FIRSTLY REFERRED TO IN THE ABOVE MENTIONED PLAN

The registered Proprietors of Lots 56, 57 and 58 in DP 1120933, Lot 167 in DP 753851and Tamworth Re9ional Council

NAME OF PERSONS AND BODY EMPOWERED TO RELEASE, VARY OR MODIFY THEEASEMENT SECONDLY REFERRED TO IN THE ABOVE MENTIONED PLAN

The registered Proprietors of LoIs 56, 57 and 58 in DP 1120933 and Lot 167 in DP753851, Tamworth Regional Council, Kode Holdings Ply Ltd , Treechange Pty Limited,Sugarworld Pty Ltd and Jackson International Pty Ltd, but only whilst Kode Holdings PtyLtd , Treechange Pty Limited, Sugarworld Ply Ltd and Jackson International Pty Ltdremain proprietors of the land benelited.

Signed In my presence byPAUL PATRICK MALONEY who ispersonally known to me:

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l~~~~,,~) ~ .

Paul Patrick Maloney \

E~,).Cf:t~l. .. lA..1A1...lG:H ..Name of Witness (Block Letters)

Approved by Tamworth Regional Council ..Authorised Pers n

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INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATEDPURSUANT TO SECTION 88B OF THE CONVEYANCING ACT, 1919


PLAN

Signed in my presence byRHONDA ELLEN MALONEY who ispersonally known to me:

sS:~~···· .. ··· .. ··· .... ··Ffl...\0'11.-1 WJ!(uG- H...~ .Name of Witness (Block Letters)

Page 4 of 5

PLAN OF EASEMENT TO DRAIN SEWAGE6 WIDE AND EASEMENT TO DRAINWATER 40 WIDE OVERLOTS 56, 57 AND 58 IN DP 1120933 ANDLOT 1671N DP 753851

..l~~kJRhonda Ellen Maloney J

........~y.o.-/~ ..~N~il'9.l,.m.lJ OJ(~ Ir);_Address & Occupation of Witness[ YOJ\.....;~ 0nlCif

Signed in my presence byROBERT GEOFF BOWDEN who ispersonally known to me:

....:..A~ .sign;(tlre of Witness

..J~Ne. ..JV.lilURf.Y. ..Name of Witness (Block LeUers)

1.->.1.. ('km.C\ .lc.aoe,4.o.wne...(S.o.Address & Occupation of Witness

)!.it4'~.4.-.A-................. [J ,Robert Geolf Bowden

Approved by Tamworth Regional Council .... Authorised Pe son

R:\Docs\081700\081701>-C106.0OC

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INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATEDPURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919


PLAN

DP1133257

Page 5 of 5

PLAN OF EASEMENT TO DRAIN SEWAGE6 WIDE AND EASEMENT TO DRAINWATER 40 WIDE OVERLOTS 56, 57 AND 58 IN DP 1120933 ANDLOT 1671N DP 753851

l>') - U' ~~

0r/:~-S.0f.0f. 1N.G& ~411 U S Ht:.O 'j;

Name of Authorised Officer

Cr£NEgAt.t.....!?l../JN/Jh£~Position of Authorised Officer

IREGISTERED e 27-3-2009

Approved by Tamworth Regional Council. .Authorised Person

Tamworth RegionalCouncil

26 June 2006

437 Peel Street, Tamworth NSW 2340

Telephone:-(02) 6755 4555Facsimile:- (02) 6755 4499

Email:[email protected]

ABN 52 631 074450

Bath Stewart Associates Pty LtdDX 6124TAMWORTH

Dear Sir/Madam

Environmental Planning and Assessment Act 1979NOTICE TO APPLICANT OF DETERMINATION OF A DEVELOPMENT APPLICATION

Pursuant to Section 81 (1 )(a) of the Act, notice is hereby given of the determination by Council ofthe folloWing development application.

Development Application No.~AOi89!2q06. d_. ,~; .;,: 't", ";, ..•_",. .

Subject Land: Lot 168, Part Lot 169 DP 753851, 1356 Upper Moore Creek RoadMOORE CREEK NSW 2340

Description:

In the determination of this application Council considered all matters listed under Section 79C ofthe Act. The development application has been determined by the granting of consent subject tothe conditions listed below.

1.1 A satisfactory servicing strategy shall be provided for the development for approval by theWater Supply Authority prior to the submission of the detailed engineering drawingsaccompanying the application for a Construction Certificate for the first stage of thesubdivision. Prior to preparation of the servicing strategy, the applicant shall consult withthe Water Supply Authority concerning applicable water and sewer strategies.

Note: It is advised that the land subject to this consent is currently outside Council's designatedwater and sewer service area. The extension of infrastructure to this location is notcurrently in a funded works program adopted by Council. As a consequence, the developeris responsible for the extension of all required water and sewer infrastructure to service thesite in accordance with Council's policy: "Reimbursement of Developers for Sewer WaterSupply and Infrastructure".

1.2 The application for a Construction Certificate must be submitted with engineering drawingsand construction specifications prepared in accordance with Council's EngineeringGuidelines for Subdivisions and Developments, Hills Plain Development Control Plan 2006and Tamworth Regional Council's Specification for:-

• Roads;

• Drainage structures, including vehicle access to each allotment across the tabledrain;

- Home of the Telstra Country Music Festival - Tamworth -L~~s~No~3e5N311doc:

. Tamworth Regional Council - DA0289/2006 Page 2

Water supply;

Low pressure sewer; and

Sediment and erosion control during construction

To ensure all works are designed and constructed in accordance with recognisedstandards. These drawings, including calculations, geolechnlcaltest results and pavementdepth calculations must be approved by Council prior to Ihe commencement of work. Thepavement depth calculation shall be based on the CBR of the subgrade compacled to 95%.

1.3 The application for a Construction Certificate musl be submilled wilh an overall slormwaterdrainage slrategy for the subdivision, includln9 any staging of construction of slormwaterInfrastructure.

1.4 A soil and stormwater management plan shall be included In the Engineering drawings toprevent fUture maintenance problems and ensure compliance with relevant regUlations. Theplan shalf conform to the requiremenls of Council's Engineering Guidelines for Subdivisionsand Developments.

1.5 .A landscaping plan shalf be submitted to Council for approval prior to issue of ConstructionCertificate Ihat Indicates proposed street tree planting end the location of clearly definedpedestrian linkages within road reserves and drainage reserves so as to provide suchcommunity facilities throughoutlhe subdivision.

.

2.1 A Construction Certificate Is to be obtained prior to commencement of any subdivisionworks and can be. obtained by applying to either Council, or a private certifier. Please notethat under Council's current planning Instrument, Perry Local Environmental Plan 1987, thePrincipai Certifying Authority must be the Council.

3.1 The development must be carried out in accordance with the Development Application andaccompanying plans, drawings and othar documents as amended by conditions of Ihisconsent. Any amendmant to the development or to these conditions will require the consentof the Council.

3.2 Underground electrical reticutatlon shall be provided 10 each lot in accordance with theraquirements of the electricity supply authority to ensure a high standerd of visual amenity.Reticulation from existing overhead lines and corresponding infrastructure is no! permittedacross roads. Where direct access is available to existing overhead supply (where a propertyhas direct frontage 10 an existing line) all augmentation Is required to be underground.

3.3 Work on the project shall be limited to the .following hours to prevent unreasonabledisturbance to the amenity of Ihe area:- Monday (g.Friday - 7.00am to 5.00pm; Satllfday·8.00am to 1.00pm if audible on other resIdential premises, otherwise 7.00am to5.00pm; No work to be carried out on Sunday or Public Holidays if It is audible onother resIdentIal premIses. The contractor shall be responsible to instruct and control hissub-contractors regarding the hours of work. Councii will exercise its powers under theProtection of the Environment Operations Act, 1997, in the event lhat the construction workcauses noise (0 emanate from the property on Sundays or Public Holidays or otherwise thanbetween Ihe hours detailed above.

3.4 The contractors engaged on Ihe development of the subdivision must maintain public liabilityInsurance cover to the value of $20 million. The policy shall specifically indemnify Councilfrom all claims arising from the execution of the works. Documentary evidence of the

.'

· '. ,'Tamworth Regional Councll- DA0289/2006 Page 3

currency of (he policy shall be provided to the Council prior to the commencement of workand upon request, during the progress of the work.

3.5 Full width rural standard bitumen sealed roads shall ba conslructed for the full frontage andsideage of all lots wilhin the subdivision to ensure thai public road facilities are establishedto an appropriate standard having regard 10 the traffic generated by the proposeddevelopmenL

All road works shall be designed and constructed In accordance with the EngineeringGUidelines for SubdivisIons and Developments.

3.6 Access to each lot shall be provided by a gravelled drlveway having a minimum width of4.8 metres with eilher a concrete dish drain or reinforced concrete pipe culvert andheadwalls to accommodate road side drainage. The choice between a pipe culvert and aconcrete dish V drain will depend on the existing and proposed road side drainagearrangements. The design of such access provision shall also include consideration ofaeslhellcs. public safety and future maintenance.

Further advice on the selection of the size of culvert pipe or the sultabilj(y of a dish draincrossing is available from the Council. Refer to standard Council drawings 7306 and 6475for additional information.

3.7 The stomnwater drainage system for the subdivision shall be prOVided in accordance with:

(ii) Council's Engineering Guidelines for Subdivisions and Developments.

(ii) Hills Plain Development Control Plari 2006.

And shall comprise the following elements:

Drainage within road reserves;

Drainage reserves

Grassed waterways within lots protected by easements.

All drainage channels, table drains and detention basins are to be finished with grassedbatters, seeded and trealed with suitable material to ensure growih of grasses and avoiderosion. The slope of any batter shall not exceed 1 in 5.

3.8 Where downstream flows ere Increased due to the development, contributions towardsproposed and existing slomnwaler drainage systems are required in accordance withCouncil's stormwater drainage policy to allow for the continued funding of the Infrastructure.The contribution is calculated in relation to the proportional cost of infrastructure required toaccommodate the Increase In runoff due to the development.

3.9 Inter-allotment stormwater drainage systems shali be constructed to proVide adequatedrainage faclllHes to each lot. If the drainage system is designed so that drainage water Isdischarged through adjoining privately owned properties, then easements shall be prOVidedon each lot on which the inter-allotment drainage system is located in favour of thelolsliands that benefit.

3.10 it Is acceptable to discharge stormwater from the sile, equal to' the calculated naturaldischarge, without the need to create any downstream easements. Where It Is intended todischarge stormwater, greater than the caiculated natural discharge, through downstreamprivately owned property, drainage easements must be acquired. Written consent from theownerls of Ihe property on which the drainage is to be discharged. or works are to be

ApplimH'/l Nlt Dclffll>OA J6901

'.' Tamworth Regional Council - DA0289/2006 Page 4

constructed, must be obtained before the construction certificate for the subdivision is issued.The easements must be marked on the plan of sUbdivision for registration at the Lands TiUesOffice prior to the granting of a subdivision certificate.

4.1 A compliance certificate under section 306 of the Water Management Act 2000 must beobtained from the Council (as the Water Supply Authority). Council requires the followingworks and/or payments to be completed prior to issuing a compliance certificate -

4.1.1 A single water supply service shall be provided to each lot.

4.1.2 A single Low Pressure sewer service shaH be provided for each lot.

4.1.3 A public positive covenant in favour of Council as the Water Supply Authorlly must beregistered to burden every lot in the plan to give effect to the Plan of Management forthe low pressure sewer system on the terms set out in SchedUle 1 to this consent.

Note:

The terms of this consent allow the developer wishing to carry out the consent tomeet the full cost of construcUon of the extension of the sewer and waterinfrastructure to the subdivision. At some tima In the future the CouncIl (as theWater Supply Authority) may adopt a Development Servicing Plan which proVides forthe Inllial cost of such Infrastructure to be met by Councll. The commencement andcompletion of this construction is subject to Inclusion of the work In an adoptedwork program, .

If the developer chooses to buIld the necessary water and sewer Infrastructure,headworks charges will stifl apply to the subdivision.

4.1.4 Water and Sewer headworks contributions will apply at the rate identified In Council'sManagement Plan at (he time of issue of a Subdivision Certificate or by aDevelopment Servicing Plan applicable to the land. Revised rates adopted insubsequent Management Plans will apply to lots released in laler financial years.

The developer contributions shall be paid prior to the endorsement of the final plan ofsubdivision by the Council.

4.1.5 The capital cost for the supply of pressure sewer unils Is $7387 plus GST per lotwhich is payable to Council at the 1Ime of application for a Subdivision Certificate.This charge will apply at the rate Identified in Council's Management Plan althe timeof issue of a Subdivision Certificate. Revised rates adopted In subsequentManagement Plans will apply to lots released in later financial years.

4.2 One set of approved construction drawings shall be amended to show the "work-as·execuled". These drawings In both hard copy and electronic form shall be provided prior toissue of the subdivision certmcate. The drawings are required to ensure that adequaterecords are mainlained of community infrastructure. The drawings shall be certified by aregistered surveyor or a Chartered Professional Civil Engineer.

4.3 Notification being provided thaI satisfaclory arrangements have been made with CounlryEnergy to ensure that electricity supply infrastructure is available for each 101 In accordancewith community expectations.

...Tamworth Regional Council- DAo289/2006 Page 5

4.4' Notification being provided that satisfactory arrangemenls have been made with Telstra toensure that telecommunication infrastructure is available for each lot in accordance wllhcommunllyexpectations.

4.5 Council Is satisfied that the proposed development is likely to increase the demand for thefollowing public amenities and public services Within the area;

• bushfire services.

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 Councilrequires the payment of a monetary contribullon of:

$203 per lot towards bush fire fighting facilities.

The developer contributions shall be paid prior to the endorsement of the final plan ofsubdivision by the Council.

The contributions required by this condition are allowed by and determined In accordancewith the Parry Section 94 Contributions Plan No.2 - Bushflre Brigade Services, copies ofWhich may be inspected at the offices of the Tamworth Regional Council.

NOTE; The above contributions have been adopted under the 2005/2006 Council ManagementPlan. Revised rates adopted in subsequent Management Plans witl apply to lots released in laterfinancial years.

4.6 Council Is satisfied that the proposed development Is tikely to increase the demand for thefollowing public amenities and public services within the area;

• open space embellishment and acquisnlon;• community facilities; and• cycleway network.• roadworks• studies administration

Pursuant to Section 94 of the Environmental Planning and Assessment Act. 1979 Councilrequires the payment of a monetary contribution of:

• $585 per lot towards the embellishment of open space;• $276 per lot towards the provision of community facilities; and• $150 per lot towards the proVision of cycleway network.• $1955 per lot towards roadworks; and• 2.6% of the calculated Section 94 Contribution towards

studles/adminlstration (applicable to each stage release).

The deveioper contributions shall be paid prior to the endorsement of. the final plan ofsubdiVision.

The contributions required by this condition are allowed by and determined in accordancewith the Tamworth Urban Seelion 94 Contributions Plan 2006-2011 made by the Councii on1 AU9ust 2005, a copy of which may be inspected at the office of the Council.

NOTE: The above conlributions have been adopted under the 2005/2006 Council ManagementPlan. Revised rates adopted in subsequent Management Plans wili apply to lots released in Jaterfinancial years.

'.. Tamworth Regional Council· DA0289/2006 Page 6

4.7 Proposed street names shall be submitted for approval and public exhibition prior to issue ofa SUbdivision Certificate.

4.8 ProVision shall be made within the section 888 instrument accompanying each slage of thedevelopment to restricllhe erection of continuous and uninterrupted coloured metal or anyother solid fencing at lhe boundary of anif lot on a public road fronlage Within theSUbdivision.

The conditions have been imposed In accordance with the Environmental Planning andAssessment Act and Council's adopted policies.

This approval. q,ecame effective on 26 June 2006 (Section 83 of the Act) and will lapse unless theproposed development is commenced within five (5) years of the approval dale (Section 95 of theAct).

Under the provisIons of Section 97 of the Act you may (within twelve (12) months of receipt of thisnotice) appeal to the Land and Environment Court against conditions Imposed should you feel theyare unreasonable.

All conditions imposed by Council shall be observed as non-compliance Is an offence underthe Act. .

'(QU~ failhfully

IJJ , tI/7~~

OM LewisOeveJopmant & Approvals Manager

For further Informatlon please contact:·

David LewisTelephone:- (02) 67675550

Emall:[email protected] .

Please address aU correspondence to:-

The Genem' ManegerTamworth Regional Council

PO 80x 555, Tamworth NSW 2340OR DX6125

Pia••• Quole:- DA02S9/2006

26 November 2007

Tamworth Council437 Peel Sireet .TAMWORTH NSW 2340

Vendor:Purchaser:Property:

Treechange pty L1miledKode Holdings pty LimitedLot 168 Forest Road, Moore Creek

We, Treechange Ply Limited ACN 111 978066, as holders of the Development Consentdated 26 June 2006 issued by Tamworth Council for the subdivision oflhe land Lot 168in DP753851 under Development Applicaton No. DA0289/2006 hereby assign all right,title and interest 10 Kode Holdings Ply Limited ACN 006 547 128.

Signature of attorney

Attorney's name: William Samuei DockrillSigning on behalf of: Treechange Ply LimiledPower of Attorney: Book: 4-153 No: 597

~.Signature of Witness

Witness's Name: Rachel DevlinAddress: 2/3 Young SI, Neutral Bay

Construction Certificateissued under the Environmental Planning and Assessment Act 1979

Section 109c(1)(b) & 109FConstruclion Certificale No. CCS026J2008Developmenl Consenl No. 0289f2006Officer Responsible: Phillip Allen

Applicant's Details

Name: Bath Stewart Associates Ply LtdPO Box 403TAMWORTH NSW 2340

ProperlYld~ntHicaffon

Legal Description

Property Address

Lot 168 DP 753851

424 Forest Road MOORE CREEK NSW 2340

Ctassificatlon & Descrlplion ofDevelopment

Description: Rural Residential Subdivision ( DA0289/2006)

D(,~rmlnation"

This application has been determined by granting approval on: gTH May 2008This construction certificate will expire two (2) years from the date of approval.

Aftaa!lments

1• Schedule of essenlial fire safety measures (If appticable)• Conditions required to be attached by the RegUlations

Apprcwed Pram;' and SpeclflC<1llon$Refle.d"on .....

• Ref Number 07259 sheets 1 to 38 rev D and Sewer Plan number S7100 sheets 1 to 5 Rev C

Certrf!GiltdThe Tamworth Regional Council certifies that the work:, If completed in accordanCe with these plans andspecificafions, will comply wilh the requirements of s81A(5) of the Environmental Planning & Assessment ActW~ "

.~~ ..David LewisManager of Development and Approvals

9"' May 2008Date

All correspondence should be addressed to the General MZlnager:

Telephone: 6767 5555 PO Bo. 555 (DX 6125) [email protected]; 6767 5499 Tamworth NSW 2340 www.tamworth.nSw.gov.au

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Q~4;C'INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND REST~'IONS ONTHE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88BOF THE CONVEYANCING ACT 1919

(Sheet 1 of 7 Sheets)

PLAN: DP 1138707

Full name and addressof Registered Proprietor ofthe land

Full name of Mortgagee:

Plan of Subdivision of Lot 203 in DP1138707in the Parish of Woolomol, County oflngliscovered by Council's Subdivision CertificateNo.

Kode Holdings Pty Limited21 Supply Road LaneBENTLEY PARK QLD 4869

Westpac Banking Corporation

PARTl

1. Identity of Easement Firstly referred toin the abovementioned plan:

Positive Covenant

Lots Burdened:

203

Schedule of lots etc. affected

Lot. name of road, or Authority, Benefited:

Tamworth Regional Council

2. Identity of Restrictions on the Use ofLand Secondly referred to in theabovementioned plan:

Restrictions on the Use of Land

Lots Burdened:

203

Schedule oflots etc. affected

Lot, name ofroad, or Authority, Benefited:

Lots 204-242 inclusive, Lots 301-304inclusive

PART 2

1. Term of the Positive Covenant Firstly referred to in the abovementioned plan.

Approved by Tamworth Regional CouncilGeneral Manager/Authorised Person

INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ONTHE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88BOF THE CONVEYANCING ACT 1919


PLAN: DP 1138707



Plan of Subdivision of Lot 203 in DP1138707in the Parish ofWoolomol, County ofIngliscovered hy Council's Subdivision CertificateNo.



DefinitionsCouncil means the Tamworth Regional Council, its successors and assigns or any otherbody serving the same or similar function and, where not repugnant to the context, includesthe servants, agents and contractors of that entity.

Plan means the plan of subdivision of Lots 203 in DPl138707 in the Parish ofWoolomol,County ofInglis.

Plan of Management means the plan of management titled "Pressure Sewage SystemsManagement Plan" forming part of the development consent granted by the TamworthRegional Council in respect of development application DA0289/2006 as amended inModification DA7212008 or replaced with councils written approval or as modifiedpursuant to S96 of the Environmental Planning & Assessment Act 1979.

Terms of the Positive Covenant

(a) The owner of the lot burdened for itself and other owners from time to time ofthe lot burdened covenants that:

1. it will comply with the Plan of Management in respect of the use of thelot burdened as if the Plan of Management were set out in full in thispublic positive covenant; and

.11. it will not amend the Plan of Management without the councils writtenagreement.

(b) Without limiting the responsibilities of the owner of the Lot from time to timepursuant to the Plan of Management, the owner must:

1. Do all things necessary to provide an electricity supply as required byany sewage pumping unit located on the Lot including the payment of allcosts associated with that supply.



(Sheet 3 of7 Sheets)

PLAN: DP 1138707

Full name and addressofRegistered Proprietor ofthe land


Plan of Subdivision of Lot 203 in DP1138707in the Parish ofWoolomol, County ofIngliscovered by Council's Subdivision CertificateNo.

Kode Holdings pty Limited21 Supply Road LaneBENTLEYPARK QLD 4869


ii. Pay the costs for electricity used by the pressure sewage pumping unitlocated on a lot.

iii. Do all things necessary to ensure that the electricity supply is maintainedin a good and serviceable condition and repair including the payment ofall maintenance and repair costs.

iv. Do all things necessary to ensure that no person other than an authorisedCouncil employee, agent or contractor removes the pumpingunit cover or does any work of any description whatsoever to the pumpor the sewage collection pit.

(c) If the owner of the Lot burdened fails, refuses or neglects to perform anyobligation pursuant to this covenant the Council may, without limiting any otherright or power it may have, perform that obligation. The owner of the Lotburdened shall be liable for all the costs incurred by the Council in performingthe obligation on an indemnity basis with such debt forming a charge on the landuntil such time as it the whole of the debt is paid.

Variation of the CovenantThis covenant may not be released, varied or modified without the written consent of theCouncil.

2. Term of Restrictions on the Use of Land Secondly referred to in the abovementioned plan.

Definitions

Colourbond Steel means corrugated metal that has been treated by the process commonlyknown as "colour bonding" or any other similar factory pre-coated process.




PLAN: DP 1138707



Plan of Subdivision of Lot 203 in DP1138707in the Parish ofWoolomol, County of IngUscovered by Council's Subdivision CertificateNo.



Dwelling means a room or suite of rooms occupied or used or so constructed, designed oradapted as to be capable of being occupied or used as a separate domicile.

Dwelling House means a single building containing one but not more than one Dwelling.

Single Storey Dwelling House means a Dwelling House that is comprised of one level orsplit levels only where the floor is no more than one (1) metre above natural ground levelat any point.

Structure means a structure of a temporary character or nature, which is intended forhabitation including, but without limiting the generality thereof, any tent, shed, shack orgarage.

The Range means following approved tile and colourbond range:-

CSI Monier (concrete)Midnight BronzePotash CharbrownCottage Grey ChestnutGunmetal ChocolateNutmeg Forest

PlatinumHeritage GreenWelsh Black

Boral (concrete)Dusk GreyEbonySlateManganeseCaulfield Green

Storm GreyChocolateCharcoal GreyAutumn Tan

Pioneer (concrete)Ebony PhoenixCharcoal SlateGranite OnyxEarth MissionWinchester

CSR Wunderlich(terracotta)Charcoal Midnight Blue

Approved by Tamworth Regional Council

Boral Montoro(terracotta)Ebony Slate Grey

General Manager/Authorised Person



PLAN: DP 1138707



Plan of Subdivision of Lot 203 in DP1138707in the Parish ofWoolomol, County of Ingliscovered by Council's Subdivision CertificateNo.

Kode Holdings pty Limited21 Supply Road LaneBENTLEY PARK QLD 4869


Silver GreyMocca

Slate Grey BurgundyBohemia Brown Pottery BrownMahogany RhapsodyKentucky

and/or any of the colours above, if available, in Colourbond Steel.

Terms of the Restrictions on the Use of Land

MahoganyBurgundy

I. No Dwelling or Dwelling House shall be erected or permitted to remain on theLot burdened unIess:-1.1 the Living Area, excluding any garage, carport, patio or verandah, is equal

or greater than 150 square metres; and1.2 it is of a Single Storey Dwelling House construction

2. Not more than one Dwelling House shall be erected on the Lot burdened.

3. No mobile or transportable homes shall be erected on or moved to any lotburdened.

4. No shed shall be erected on the lot burdened having a floor area greater than100m2 , height exceeding 3.0 metres from eaves to natural surface andconstructed of materials other than timber, brick or colourbond pressed metalsteel.

5. No motor truck, lorry or semi-trailer with a load carrying capacityexceeding five (5) tonnes tare weight shall be parked nor shall it be permitted toremain on any lot burdened unless the same is used in connection with theerection of a dwelling on the relevant lot burdened.

6. No colourbond steel fencing shall be erected on the lot burdened.

7. Two tone bricks, being different coloured bricks used alternately, are




PLAN: DP 1138707



Plan ofSubdivision of Lot 203 in DP1138707in the Parish ofWoolomol, County oflngliscovered by Council's Subdivision CertificateNo.

Kode Holdings Pty Limited21 Supply Road LaneBENTLEYPARK QLD 4869


expressly prohibited from use on any Lot burdened.

8. Tile & colourbond roofmg colours to be selected from the specified range.

9. No motor vehicles which are unregistered or any broken or derelict machineryor rubbish may be stored on the Land unless in a shed or outbuilding erected onthe Land.

10. No structures shall be erected or installed on any building on the Land in thenature of aerials, solar hot water panels, communication dishes or airconditioning or cooling plant unless same is aesthetically screened from anyroadway abutting the Land.

11. No excavation materials, rubbish, or builders' waste may be stored other thanin a bin or screened enclosure to prevent distribution by the wind, water orother means on the site or any adj acent lands or roads.

The above restrictions secondly referred to may be released, varied or modified by or withthe consent of Kode Holdings Pty Limited whilst ever it owns any lot or any part of a lot inthe registered plan pursuant to which these restrictions were created and thereafter by theregistered proprietors of the lots benefited by these restrictions PROVIDED that after aperiod of twenty years (20) from the date of registration of this Plan of Subdivision theserestrictions shall cease to apply to any Lot burdened.

EXECUTED BY KODE HOLDINGSPTY LIMITED ACN 006 547 128By its authorised officers pursuant to s127of the Corporations Act 2001


)))) .




PLAN: DP 1138707



EXECUTED FOR AND ON BEHALF OFTAMWORTH REGIONAL COUNCILBy its authorised officers:-

EXECUTED FORAND BEHALF OFWESTPAC BANKING CORPORATION:


Plan of Subdivision ofLat 203 in DP1138707in the Parish of Woolomol, County oflngliscovered by Council's Subdivision CertificateNo.



)) .)


PC08091201037138227 October 2009RM~~1 ~

PLANNING CERTIFICATE ~ I'\.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 19~;Y <i@>Applicant: Owner (as recorded by CO&Ci/): '.; <t>;"

J:: 'tv. IbKode Holdings Pty Limited ,,_. :P'~ <~'"21 Supply Road "" ~ ~~:;»)EDMONTON OLD 4869 ". j-f

"'... 0...........Forest Road MOORE CREEK NSW 2340

Lot~P1138707

Certificate No:Receipt No:Date:Applicants Ref:

Robert Locke SolicitorDX 6140TAMWORTH NSW

Land:

This certificate is provided pursuant to Section 149(2) of the Act. At the date of this certificate, the subjectland is affected by the following matters.

Zoning and land use under relevant LEPs1(e) (Hobby Farms Zone)Parry Local Environmental Plan 1987, as amended.The Plan was gazetted on 16 October, 1987.

1. The extract trom the relevant local environmental plan is the development control table for the zone. Itsets out the zone objectives and development which is allowed without development consent;development only allowed with development consent; and development which is prohibited; as itrelates to the land the subject of this certificate.

2. The relevant local environmental plan identifies certain land upon which heritage items orarchaeological sites are situated. A specific clause of the Plan requires Council take into considerationthe likely affect of any development on the heritage significance of any items in the locality.

3. The subject land is affected by the Draft Parry Local Environmental Plan 2004. Under this instrument,the land is proposed to be zoned -

1(r) Rural Living Zone

An extract of the development control table for the draft zone is attached.4. The erection of a dwelling-house may be prohibited by a development standard relating to a minimum

area of land. See the attached extract from the local environmental plan relating to this matter.5. The subject land is affected by the Draft Tamworth Regional Local Environmental Plan 2009. Under

this Plan, the land is proposed to be zoned -

R2 Low Density Residential

An extract of the development control table which identifies: uses permitted without development consent;uses which require development consent; and, uses which are prohibited, is attached.

Names of relevant State Environmental PlannIng Policies

[email protected]

The follOWing State Environmental Planning Policies apply to the subject land. Copies may be obtainedfrom the NSW Government web-site.

6. State Environmental Planning Policy No.1 - Development Standards.7. State Environmental Planning Policy No. 4 - Development Without Consent and Miscellaneous

Exempt & Complying Development.8. State Environmental Planning Policy no. 6 - Number of Slories in a Building

All correspondence should be addressed to the General Manager:

Telephone: 6767 5555 PO Box 555 (DX 6125)Facsimile: 6767 5499 Tamworth NSW 2340

- Tamworth Countrv Music Festival -151024 Januar1l2010-

• .......... 11 ........... • __ •••

9. State Environmental Planning Policy No. 15 - Rural landsharing Communities10. State Environmental Planning Policy No. 21 - Caravan Parks11. State Environmental Planning Policy No. 22 - Shops and Commercial Premises

'12. State Environmental Planning Policy No. 33 - Offensive or Hazardous Industry13. State Environmental Pianning Policy No. 36 - Manufactured Home Estates14. State Environmental Planning Policy No. 44 - Koala Habitat15. State Environmental Planning Policy No.55 - Remediation of land16. State Environmental Planning Policy No. 60 - Exempt & Complying Development17. Slate Environmenlal Pianning Policy No. 64 - Advertising and Signage18. State Environmental Planning Policy (Building Sustainability Index: BASIX) 200419. State Environmental Planning Policy (Housing for Seniors of People with a Disability) 200420. State Environmental Planning Policy (Infrastructure) 200721. State Environmental Planning Policy (Major Development) 200522. State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 200723. State Environmental Planning Policy (Rural lands) 200824. State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 200725. Draft State Environmental Planning Policy - (Application of Development Standards) 200426. State Environmental Planning Policy (Exempt & Complying Development) 200827. State Environmental Planning Policy (Affordable Rental Housing) 2009

Names of relevant Development Control Plans

28. Parry Development Control Plan: Rural Residential Development.29. Parry Development Control Pian: Poultry Development.30. Parry Development Control Plan: landscaping Guidelines.31. Parry Development Control Plan: Notification and Advertising of Development Applications.32. Parry Development Control Plan: Residential Development.33. Tamworth Regional Development Control Plan No.1 - Telecommunications and Radio

Communications.34. Hills Piain Development Control Plan 2006.

Complying Development

General Housing Code35. Complying Development under the State Environmental Planning Policy (Exempt and Complying

Development Code) 2008 : General Housing Code is not prevented by a land exemption specified inclause 1.19.

Housing Internal Alterations Code36. Complying Development under the State Environmental Plannin9 Policy (Exempt & Complying

Development Code) 2008 : Housing Internal Alterations Code is not prevented by a land exemptionspecified in clause 1.19.

General Commercial and Industrial Code37. Complying Development under the State Environmental Planning Policy (Exempt & Complying

Development Code) 2008 : General Commercial and Industrial Code is not prevented by a landexemption specified in ciause 1.19.

Coastal Protection

38. The land is not affected by the operation of Section 38 or 39 of the Coastal Protection Act.

Mine subsidence

39. The land has not been proclaimed to be a mine subsidence district within the meaning of Section 15 ofthe Mine Subsidence Compensation Act 1961.

Road widening and road realignment

40. The land is not affected by any road widening or road realignment proposal under:(1) section 262 of the local Government Act, 1919;(2) an environmental planning instrument; or(3) any resolution of Council.

· Velt"" _ .. _

Council and otherpublic authority policies on hazard risk restrictions

41. Council has not been notified by any other public authority that it requires Council to notify of a policy ithas adopted which restricts the development of the land because of a hazard or risk.

42. Council has not adopted a policy to restrict the development of the land by reason of the likelihood ofland slip, bushfire, tidal inundation, subsidence or any other risk (other than fiooding) unless it hasbeen identified within this certificate.

Flood related development control Information

43. The land to which this certificate applies is not subject to any flood related development controls.

Land reserved for acquisition

44. There are no environmental planning instruments applying to the land which provide for the acquisitionof the land by a public authority, as referred to in Section 27 of the Act.

Contributions plans

45. Parry Section 94 Contributions Plan No.2 - Bushfire Brigade Services applies to the land.46. Parry Section 94 Contributions Plan No.3 - Mines and Extractive Industries applies to the land.47. Parry Section 94 Contributions Plan NO.4 - Rural Based Industry Traffic Generating Developments

applies to the land.48. The Tamworth Urban Section 94 Contributions Plan came into force on 1 August 2005. This Pian

seeks contributions toward a range of public facilities to cater for the demand generated from theprojected increase in population associated with development.

Bushfire Prone Land

49. The subject land is not identified as being "bushfire prone land" on the Bushfire Prone Land Map,certified by the NSW Rural Fire Service.

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CaTeam Leader Development

Zone No. 1(c) (Hobby Farms Zone)Parry local Environmental Plan 1987

1 Objectives of zone

The objectives of this zone are:

(a) to enable development for the purposes of hobby farms and other less intensivesmall rural holding activities to be carried out on land which is suitable for thosepurposes and accessible to existing urban centres and services,

(a1) to enable intensive rural residential development to be carried out on land whichis suitable for the purpose and accessible to existing urban centres and services,

(a2) to proVide for the creation of rural residential allotments with a variety ofallotment sizes,

(b) to encourage the planning of the size and shape of hobby farms and small ruralholdings with regard to views, soils, topography, vegetation, winds and thelocation of services,

(c) to ensure that development maintains and contributes to the rural character ofthe locality and minimises disturbances to the landscape and to agriculturalproductivity,

(d) to penmit development of hobby farms accessible'to existing urban centres andservices, and

(e) to enable other forms of development to be carried out on land within the zone ifit is in keeping with the rural character of the locality and is compatible orassociated with the use of existing or likely future holdings.

2 Without development consent

Agriculture (other than animal boarding, breeding or training establishments, pigkeeping, feed lots or poultry farming establishments).

3 Only with development consent

Any purpose other than a purpose included in item 2, 4 or 5.

4 Advertised development-only with development consent

Aerodromes; animal boarding establishments; bulk stores; bus depots; car repairstations; child care centres; clubs; cluster developments; commercial premises;commercial veterinary establishments; educational establishments; forestry; garbagedisposal areas; general stores; generating works; helipads; heliports; hospitals;hotels; industries (including light industries and offensive and hazardous industries,but not rural industries or home industries); institutions; intensive livestock keepingestablishments; junk yards; liquid fuel depots; mines; motels; places of assembly;places of public worship; plant depots (machinery); professional consulting rooms;pUblic buildings; racecourses; recreation establishments; recreation facilities; retail

plant nurseries; roadside stalls; sawmills; service stations; subdivision proposals forthe creation of 7 or more lots; taverns; timber yards; tourist facilities; transportterminal; units for aged persons; warehouses.

5 Prohibited

Cattle feed lots; commercial premises; motor showrooms; piggeries of more than 50sows; residential buildings (other than dwelling-houses and units for aged persons);shops (other than general stores).

Zone No. 1(r) (Rural Living Zone)Draft Parry Local Environmental Plan 2004

19. Rural Living Zone

Note: The rural living zone is the area set aside for rural residentialliving opportunities. This zone is similar to a residential zone as themain purpose of land use in the zone is residential and rural lifestyle

ur oses as 0 osed to rowin cro s or raisin anidls.F;.;...------'

(1) The objectives of this zone are:

(2)

(3)

(4)

(a)

(b)

(c)

(d)

(e)(f)

(g)

vegetation,

nt allowed only with development consent:

her than a purpose included in item 2 or 4.

lopment which is prohibited:

Abattoirs; airports; airport related land uses; animalestablishments; boarding houses; brothels; bulky goods sales orshowrooms; bus depots; bus stations; car repair stations;commercial premises; convenience stores; depots; extractiveindustries; forestry; generating works; health consulting rooms;helipads; heliports; hospitals; hotels; housing for aged anddisabled persons; industries; intensive animal establishments;

institutions; liquid fuel depots; manufactured home estates;materials recycling yards; medical centres; mines; motels;motor showrooms; multiple dwellings; offensive storageestablishments; offensive industries; passenger transportterminals; places of assembly; places of worship; recreationfacilities; restaurants; registered clubs; restricted premises;road transport terminals; rural industries; rural workersdwellings; sawmills; service stations; shops; showgrounds;stock and sale yards; transport terminals; vehicle body repairworkshops; vehicle repair stations; warehous distributioncentres; waste disposal depots.

(5) Subdivision of Land

(a) The Council is not to grantconsent to subdivide landproposed allotment will ha'hectares.

(b) Despite subclause ~~"c the C '1 may consent to anapplication for .con\~~subdi"'. of land within. ZoneNo. l(r) that will cre ,anwa31l;.tment . .Ilotments haVing an

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area of less than 40 H(~ares ,~r,e,:

(i.) the Ig,g.g the sUbl't~he'~lication has an area ofnoti~' ;, n 20 h~':l1res; and

(ii.) . 1:I'totall mber .1 allotments to be created is no~" r tha "1; and

(iii.) the r I~!__~~e allotments to be created is not'. !'or less hectare~; and"f\if;+~~.m.irri'~m area of any allotment to be created is not

lei. han Gl~l1ectares; and(v.) in """ opinltfn of the Council the development will be

carri Iii out in accordance with the developmentsta " 'rds specified in Schedule 3.ite'ubclause (a), the Council may consent to

su .. '.' n in the area that is hatched on the map to have aminim'Urn lot size of 4,000 m2 only if the lots are to beconnected to a reticulated town water and sewerage supply.

(d) In determining an application for development consent asreferred to in subclause (b), the Council is to have regard toan environmental impact report (prepared by the applicant)which must cover the matters listed in Schedule 4 and mustaccompany the development application.

(e) In preparing the report referred to in subclause (d), theapplicant is to consult the Council and have regard to any

(6) Dwelling House provision

(7)

requirements notified in writing by the Council in respect ofthe form and content of the report.

(f) The Council is not to consent to an application fordevelopment consent as referred to in subclause (b), if thatconsent would permit the creation pursuant to thatsubclause, in any 5 year period of a total number ofallotments in excess of the number specified for the purposeof this clause in a written order of the Director.

(g) Council shall not consent to furthe~ "~ral residentialsubdivision of any land within the Moor~~eek locality (asdefined by the Geographic Names Boa.r]%~I!f1less it is satisfiedthat the subdivision will not compr_o,,~J:lepriority releasearea as identified by the area "Hill~Clin ':;;'" hatched on themap.

the following

"....(.a) Wit~~ the curtilage (proximity) of the eXisting

. d~J~~g house on the same lot;.. \J ~jg~lficantlysmaller than the existing dwelling house;

'. ~ated behind the rear alignment of the existingdwelling house;

(d) Access to both dwellings is limited to one driveway;(e) Only one electricity line and meter on the property;(f) Ensure that the location of new dwellings minimises

the removal of trees or vegetation and minimises sitedisturbance; and

(g) Require at least 1 hectare of land for each dwelling inorder to enable an effective area for on site effluentdisposal.

Note: Detailed gUidelines for dual occupancy development in the ruralliving zone can be found in the Rural living Zone Development controlnlan which is to be oreoared.

Dwellings on vacant land in zone 1(a), 1(b), 1(c) or 1(f)Parry Local Environmental Plan 1987

17 Dwelling-houses-Zone No 1 (a), 1 (b), 1 (c) or 1 (f)

(1) This clause applies to land within Zone No 1 (a), 1 (b), 1 (c) or 1 (f).

(2). The Council may grant consent to the erection of a dwelling-house on land towhich this clause applies only where the land:

(a) has an area of, in the case of land within:

(i) Zone No 1 (a) or 1 (f)-not less than 400 hectares,

(ii) Zone No 1 (b)-not less than 200 hectares, and

(iii) Zone No 1 (c)-not less than 40 hectares,

(b) comprises an allotment created pursuant to clause 13, 14, 15, 16 or 17A and,if the allotment was created pursuant to clause 17A, the allotment is beingused for the purpose for which, according to the subdivision register kept bythe Council, it was created,

(c) comprises an existing holding on which a dwelling-house could have beenlawfully erected immediately before the appointed day,

(d) comprises an allotment created by a subdivision to which the consent of theCouncil was granted before the appointed day and on which a dwellinghouse could have been lawfully erected under the provisions then in force, or

(e) comprises an allotment created by a subdivision to which the consent of theCouncil was granted on or after the appointed day and before this plan takeseffect and on which a dwelling-house could have been lawfully erectedbefore the appointed day,

and no other dwelling-house is erected on the land.

(2A)The Council may grant consent to the erection of a dwelling-house on land towhich this clause applies where that land, before a subdivision lawfully approvedby the Council under the law as in force at the time of the subdivision, had beenpart of an existing holding on which a dwelling-house could lawfully have beenerected under the law then in force, even though the size of the allotment is lessthan the minimum size otherwise required by this clause.

(3) Subject to clause 21, nothing shall prevent the erection of a dwelling-house onland on which another dwelling-house which was lawfully erected is situated,where the dwelling-house is intended to replace the other dwelling-house and isnot occupied until the other dwelling-house is demolished or its occupation haspermanently ceased.

(4) Notwithstanding subclause (2), the Council shall not consent to the erection of adwelling-house on an existing holding which complies with the provisions ofsubclause 2 (c) where the existing holding has an area of less than:

(a) in the case of land within Zone No 1 (a) or 1 (n-400 hectares,

(b) in the case of land within Zone No 1 (b)-200 hectares,

(c) in the case of land within Zone No 1 (c)-40 hectares,

(d), (Repealed)

(e) (Repeaied)

unless in each case:

(f) there is no other dwelling-house on the existing holding,

(g) the land is of sufficient size and soils are of appropriate quality for theeffective on-site disposal of domestic waste, and

(h) the erection of a dwelling-house will not create or increase any demand forthe uneconomic provision or upgrading of roads or other utility services tothat land.

Draft Tamworth Regional Local Environmental Plan 2009

Land Use Table

Note. This table does not provide an exhaustive list of all uses that may be permissible in aparticular zone. Other uses may be provided for elsewhere in this Plan or in other planninginstruments such as the State Environmental Planning Policy (Infrastructure) 2007 and the StateEnvironmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

Zone R2 Low Density Residential

1 Objectives ofzone

To provide for the housing needs of the community 'll'itlin alow density residential environment. ~~.J

• To enable other land uses that provide facilities<tl ces tomeet the day to day needs of residents. ()

2 Permitted without consent // VEnvironmental protection works; HOm~~\••~~1fJld care; Homeoccupations; Roads ,,,.......,

3 Permitted with consent SJBed and breakfast accommod~ ~elling houses; Group homes;Health consulting rooms'••Ho'in~)industry; Neighbourhood shops;Secondary dwellings; £1~~; Any development not specified initem 2 or 4 'S<

4 Prohibited ~

Advertisintis'~~s; Air transport facilities; Amusement centres;Agricult~; 'B6'at repair facilities; Boat sheds; Bulky goodspremis~; "B~l ess premises; Caravan parks; Cemeteries; Charterand~Q!l~m boating facilities; Correctional centres; Crematoria;lP,'6P.I'f1:1t\;,-i, Exhibition villages; Extractive industries; Farm buildings;

~Ferry; Freight transport facilities; Funeral chapels; Funeral,,4: "~mes; Health services facilities; Highway service centres; Home

" ",occupations (sex services); Industrial retail outlets; Industries;~" Landscape and garden supplies; Marinas; Mining; Moorings;"V Mortuaries; Nightclubs; Office premises; Passenger transport... :>." facilities; Recreation facilities (indoor); Recreation facilities

;fS ~ (major); Registered clubs; Research stations; Residential

X;accommodation; Restricted premises; Rural industries; Retail

./ premises; Rural supplies; Service stations; Sex services premises;Storage premises; Timber and building supplies; Tourist and visitoraccommodation; Transport depots; Vehicle body repair workshops;Vehicle repair stations; Vehicle sales or hire premises; Waste orresource management facilities; Water recreation structures;Wholesale supplies