MEANING OF TERM FOREST HILLS REALTY P.O. Box 3577 Tamworth 2340 Telephone Facsimile KODE HOLDINGS PTY LIMITED ABN

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1 2005 COPYRIGHT The law Society of New South Wales and The Real Estate Institule of New South Wales. You can prepare your own version of pages 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 edition TERM Vendor's agent Co-agent Vendor MEANING OF TERM FOREST HILLS REALTY P.O. Box 3577 Tamworth 2340 Telephone Facsimile KODE HOLDINGS PTY LIMITED ABN r'/' (-/. Vendor's Solicitor Completion date Land (Address, plan details and title reference) ROBERT LOCKE, 15 Bourke Street, Tamworth 2340, DX 6140 Tamworth Telephone: Facsimile: , rwl@robertlocke.com.au See Special Condition 35 Gay alter the sgalrasl Gale (slayse 1aJ Lot Forest Road Moore Creek being lot in an unregistered Plan of Subdivision and being part of the land comprised in Folio Identifier 203/ IZI VACANT POSSESSION 0 subject to existing tenancies Improvements 0 HOUSE 0 garage 0 carport 0 home unit 0 carspace IZI none o 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 Exclusions Purchaser o built-in wardrobes 0 dishwasher 0 light fittings 0 pool equipment o clothes line 0 fixed floor coverings 0 range hood 0 TV antenna o other: Purchaser's solicitor Price Deposit Balance Contract date $ $ $ (10% of the price, unless otherwise stated) (if not stated, the date this contract was made) Vendor Witness igst AMOUNT (optional) i The price includes i GST. of: ~_~, Purchaser 0 JOINT TENANTS 0 tenants in common 0 in unequal shares Witness Tax information (the parties promise this is correct as far as each party is aware) Land tax is adjustable IZI NO 0 yes GST: Taxable supply 0 NO IZI yes in full 0 yes to an extent Margin scheme will be used in making the taxable supply IZI NO 0 yes This sale is not a taxable supply because (one or more of the following may apply) the sale is: not made in the course or furtherance of an enterprise that the vendor carries on (section 9-5(b)) by a vendor who is neither registered nor required to be registered for GST (section 9-5(d» GST-free because the sale is the supply of a going concern under section GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-0 o 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

2 General 1 property certificate for the land 2 plan of the land 3 unregistered plan of the land 4 plan of land to be subdivided 5 document that is to be lodged with a relevant plan 6 section 149(2) certificate (Environmental Planning and Assessment Act 1979) 7 section 149(5) information included in that certificate ~ o ~ ~ o ~ o oo 9 sewer mains diagram 8 sewerage connections diagram ~ 10 document that created or may have created an easement, profit a prendre, restriction on use or positive covenant disclosed in this contract 11 section 88G certificate (positive covenant) 12 survey report 13 section 317A certificate (certificate of compliance) 14 building certificate given under legislation o 15 insurance certificate (Home Building Act 1989) 016 brochure or note (Home BUilding Act 1989) 17 section 24 certificate (Swimming Pools Act 1982) o 18 lease (with every relevant memorandum or variation) o 19 other document relevant to tenancies o 20 old system document 021 Crown tenure card o 22 Crown purchase statement of account o 23 Statutorv declaration reoardino vendor dutv 2 List of Documents Land edition Strata or community title (clause 23 of the contract) 24 property certificate for strata common property 25 plan creating strata common property 26 strata by-laws not set out in legislation 27 strata development contract or statement 28 strata management statement 29 leasehold strata - lease of lot and common property o 30 property certificate for neighbourhood property 031 plan creating neighbourhood property 32 neighbourhood development contract 33 neighbourhood management statement 34 property certificate for precinct property 35 plan creating precinct property 36 precinct development contract 37 precinct management statement 38 property certificate for community property 39 plan creating community property 40 community development contract o 41 community management statement o 42 document disclosing a change of by-laws 043 document disclosing a change in a development or management contract or statement o 44 document disclosing a change in boundaries o 45 certificate under Management Act - section 109 (Strata Schemes) or section 26 (Community Land) WARNINGS 1. 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 involving AGL Gas Networks Limited Government Business & Government Procurement Public Works Dept Council Heritage Office Roads & Traffic Authority County Council Infrastructure Planning and Natural Resources Rural Lands Protection Board East Australian Pipeline Limited Land & Housing Corporation Sustainable Energy Development Education & Training Dept Mine Subsidence Board Telecommunications authority Electricity authority Owner of adjoining land Water, sewerage or drainage authority Environment & Conservation Dept Primary Industries Department Fair Trading RailCorp If 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 Retail Leases Act 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. DISPUTES If you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informal procedures such as negotiation, independent expert appraisal or mediation (for example mediation under the Law Society Mediation Guidelines). AUCTIONS Regulations made under the Property Stock and Business Agents Act 2002 prescribe a number of conditions applying to sales by auction.

3 3 Land - 200S edition WARNING SMOKE ALARMS The owners of certain types of buildings and strata lots must have smoke alanns (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act It is an offence notto comply. It is also an offence to remove or interfere with a smoke alarm or heat alann. Penalties apply. IMPORTANT NOnCE TO VENDORS AND PURCHASERS Before 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<>f1ljieting the 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 There is NO COOUNG OFF PERIOD: (a) if, at or before the time the contract is made, the purchaser gives to the vendor (or the vendor'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 amount forfeited from any amount paid by the purchaser as a deposit under the contract and the purchaser 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 3 Conveyancing 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 date bank business day cheque depositholder document of title GSTAct GSTrate legislation normally party property requisition rescind serve settlement cheque solicitor terminate vendor duty within work 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; or if 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 in a 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 in relation to the property or any adjoining footpath or road. BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 11/07

4 4 Land edition 2 Deposit and other payments before completion 2.1 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 orcompletion, 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, after deduction of all proper government taxes and financial institution charges and other charges. 3 Payment of vendor duty out of the deposit 3.1 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 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; the depositholderis not to draw that cheque earlier than 14 days before the completion date; and the receipt of a letter from the vendor's solicitorrequesting 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 if the vendor duty cheque has been forwarded to the vendor's solicitor but has not been used to pay vendor duty, that cheque must be returned immediately to the depositholderfor cancellation; 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; each party must do whatever else is necessary to ensure that the party whose funds were used to pay vendor duty receives the refund; and rights under this clause continue even if the contract has been rescinded or terminated. 4 Transfer 4.1 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 the vendor can (but does not have to) serve an application for exemption from vendor duty in the form satisfactory to the Office of State Revenue within 7 days after the contract date; 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 if the vendor complies with clause 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 Requisitions If the purchaser is or becomes entitled to make a requisition, the purchaser can make it oniy by serving it if it arises out of this contract or it is a general question about the property or titie - within 21 days after the contract date; 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 misdescription 6.1 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 LEGALACTION

5 Land edition Claims by purchaser The purchaser can make a claim (including a claim under clause 6) before completion only by serving it with a slatement 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 the total amount claimed exceeds 5% of the price; the vendor serves notice of intention to rescind; and the purchaser does not serve notice waiving the claims within 14 days after that service; and if the vendor does not rescind, Ihe parties must complete and if this contract is completed 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 within 1 month of completion, by an arbitrator appointed by the President of the Law Society at the request of a party (in the latter case the parties are bound by the terms of the Conveyancing Arbitration Rules approved by 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 costs of the purchaser; net interest on the amount held must be paid to the parties in the same proportion as the amount held; and if the parties do not appoint an arbitrator and neither party requests the President to appoint an arbitrator within 3 months after completion, the claims lapse. Vendor's right to rescind The 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; and the purchaser does not serve a notice waiving the requisition within 14 days after that service. Purchaser's default If the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor 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 for 12 months after the termination; or if the vendor commences proceedings under this clause within 12 months, until those proceedings are concluded; and sue the purchaser either 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; or to recover damages for breach of contract. Restrictions on rights of purchaser The purchaser cannot make a claim or requisition or rescind or terminate in respect of the ownership or location of any fence as defined in the Dividing Fences Act 1991; 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); a wall being or not being a party wall in any sense of that term or the propertybeing affected by an easement for 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 to in 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 any non-compliance with the easement or restriction on use; or 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 change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualified title, or to lodge a plan of survey as regards limited title).... a "...-, ~'...,,...' 'T".. " "~I...,

6 6 Land edition 11 Compliance with work orders 11.1 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 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 inspections The vendor must do every1hing reasonable to enable the purchaser, subject to the rights of any tenant 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 any certificate that can be given in respect of the property under legislafion; or 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; and 12.3 to make 1 inspection of the property in the 3 days before a time appointed for completion Goods and services tax (GST) In this clause, enterprise, input tax credit, margin scheme, supply of a going concern, tax invoice and taxable supply have 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 be added 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 payable by or to a third party (for example, under clauses 14 or 20.7) the party must adjust or pay on completion any GST added to or included in the amount; but 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 receiving the adjustment is or was entitled and adding the GST rate. If this contract says this sale is the supply of a going concern the parties agree the supply of the property is a supply of a going concern; the vendor must, between the contract date and completion, carry on the enterprise conducted on the land in a proper and business-like way; 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 ("the retention 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; and ifthe vendor, despite clause , 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 margin scheme is to apply to the sale of the property. If this contract says the sale is not a taxable supply 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 to any extent; and the purchaser must pay the vendor on completion in addition to the price an amount calculated by multiplying the price by the GST rate if this sale is a taxable supply to any extent because of - a breach of clause ; 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 this sale is not a taxable suppty in full; or 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 clause does not apply to any part of the property which is identified as being a taxable supply; and the payments mentioned in clauses 13.7and 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 clause applies (the proportion to be expressed as a number between 0 and 1). Any evidence of value must be obtained 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 the vendor 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-...,..,,.."..."...,,..,,.....,, ,...,..,...,...,

7 Land edition Adjustments Normally, the vendor is entitled to the rents and profils and will be liable for all rates, water, sewerage and drainage service and usage charges, land tax and all other periodic outgoings up to and including the adjustment date after which 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 completion adjust the reduced amount The parties must adjust/and tax for the year current at the adjustment date 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; 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; and o if the land (or part of it) had no separate taxable value, by calculating its separate taxable value on a proportional area basis 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 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 the amount is to be treated as if it were paid; and 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) 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 period then multiplying by the number of unbilled days up to and including the adjustment date The vendor is liable for any amount recoverable for work started on or before the contract date on the property or any adjoining footpath or road. Completion date The parties must complete by the completion date and, if they do not, a party can serve a notice to complete if that party is otherwise entitled to do so. 16 Completion o Vendor 16.1 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, the vendor must produce it as and where necessary Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple) to pass to 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, the vendor must pay the lodgment fee to the purchaser, plus another 20% of that fee If the purchaser serves a land tax certificate showing a charge on any of the land, on completion the vendor must give the purchaser a land tax certificate showing the charge is no longer effective against the land. o Purchaser 16.7 On completion the purchasermust pay to the vendor, by cash (up to $2,000) or settlement cheque, the price (less any deposit paid) and any other amount payable by the purchaser under this contract (less any amount payable by the vendor 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 an order signed by the purchaser authorising the depositholder to account to the vendor for the deposit On completion the deposit belongs to the vendor. o Place for completion Normally, the parties must complete at the completion address, which is if a special completion address is stated in this contract - that address; or 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; or in any other case - the vendor's solicitor's address stated in this contract The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor must pay the purchaser's additional expenses, including any agency or mortgagee fee If the purchaser requests completion at a place that is not the completion address, and the vendor agrees, the purchaser must pay the vendor's additional expenses, including any agency or mortgagee fee Possession Normally, the vendor must give the purchaser vacant possession of the property on completion. The vendor does not have to give vacant possession if - BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 4/07

8 8 Land edition this contract says that the sale is subject to existing tenancies; and the contract discloses the provisions of the tenancy (for example, by attaching a copy of the lease and any relevant memorandum or variation) 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) Possession before completion This clause applies only if the vendor gives the purchaser possession of the property belore completion. The purchaser must not before completion let or part with possession of any 01 the property, make any change or structural alteration or addition to the property, or contravene any agreement between the parties or any direction, document, legislation, notice or order affecting the property. The purchaser must until completion keep the property in good condition and repair having regard to its condition at the giving of possession; and 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 the vendor can before completion, without notice, remedy the non-compliance; and 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 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 contract If this contract expressly gives a party a right to rescind, the party can exercise the right only by serving a notice before completion; and 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 the deposit and any other money paid by the purchaser under this contract must be refunded; a party can claim for a reasonable adjustment if the purchaser has been in possession; a party can claim for damages, costs or expenses arising out of a breach of this contract; and a party will not otherwise be liable to pay the other party any damages, costs or expenses. Miscellaneous The parties acknowledge that anyjhing stated in this contract to be attached was attached to this contract by the vendor 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 be paid to another person. A document under or relating to this contract is signed by a party if it is signed by the party or the party's solicitor (apart from a direction under clause 4.3); served if it is served by the party or the party's solicitor; served if it is served on the party's solicitor, even if the party has died or any of them has died; served if it is served in any manner provided in s170 of the Conveyancing Act 1919; served if it is sent by fax to the party's solicitor, unless it is not received; served on a person if it (or a copy of jt) comes into the possession of the person; and 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 if the party does the thing personally - the reasonable cost of getting someone else to do it; or 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's knowledge, 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 provisions If 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. BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

9 Land edition 21.3 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 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 next business day, except in the case of clause 2 (deposit) Normally, the time by which something must be done is fixed but not essential. 22 Foreign Acquisitions and Takeovers Act The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the transfer under the Foreign Acquisitions and Takeovers Act This promise is essential and a breach of it entitles the vendor to ferminate. Strata or community title This clause applies only if the land (or part of It) is a lot in a strata, neighbourhood, precinct or community scheme (or on completion is to be a lot in a scheme of that kind) 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 usually payable 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, except to the extent they are normal expenses, due to fair wear and tear, disclosed in this contract or covered by moneys held 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 and 14.5 apply but on a unit entitlement basis instead of an area basis. The parties must adjust under clause a regular periodic contribution; a contribution which is not a regular periodic contribution but is disclosed in this contract; and 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 If a contribution is not a regular periodic contribution and is not disclosed in this contract the vendor is liable for it if it was levied before the contract date (unless it relates to work not started by that date), even if it is payable by instalments; the vendor is also liable for it to the extent it relates to work started by the owners corporation before the contract date; and the purchaser is liable for all other contributions levied after the contracf date The vendor must payor allow to the purchaser on completion the amount of any unpaid contributions for which the vendor is liable under clause Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of an existing or future actual, contingent or expected expense of the owners corporation; a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under clause 6; or a past or future change in the scheme or a higher scheme However, the purchaser can rescind if 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 unitentitlementbasis (and, ifmore than one lotor a higher scheme is involved, added together), less any contribution paid by the vendor, are more than 1% of the price; 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; or 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 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 partycan 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 26 Community Land Management Act 1989 in relation to the lol, the scheme or any higher scheme at least 7 days before the completion date.

10 10 Land edition 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 On completion the purchaser must pay the vendor the prescribed fee for the certificate The vendor authorises the purchaser to apply for the purchaser's own certificate 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 If a general meeting of the owners corporation is convened betore completion if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and 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 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and the purchaser assigns the debt to the vendor on completion and will if required give a further assignment at the vendor's expense 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 It the property is to be subject to a tenancy on completion or is subject to a tenancy on completion 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; the vendor must serve any information about the tenancy reasonably requested by the purchaser before or after completion; and 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 If the property is subject to a tenancy on completion 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 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; 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; 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 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 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'...-,...

11 Qualified title, limited title and old system title Land edition This clause applies only if the iand (or part of it) is under qualified, limited or old system tille; or 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 the purchaser 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 date order, if the list in respect of each document shows its date, general nature, names of parties and any registration number; and has attached a legible photocopy of it or of an official or registration copy of it. An abstract of title 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); in the case of a leasehold interest, must include an abstract of the lease and any higher lease; normally, need not include a Crown grant; and need not include anything evidenced by the Register kept under the Real Property Act In the case of land under old system Iitle in this contract 'transfer' means conveyance; the purchaser does not have to serve the form of transfer until after the vendor has served a proper abstract of title; and 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 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 does not apply to a document which is the good root of title; and the vendor does not have to provide an abstract if this contract contains a delimitation plan (whether in registrable 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 vendor or a mortgagee. If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy from the Registrar General of the registration copy of that document. Crown purchase money This 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 Consent to transfer This clause applies only if the land (or part of it) is restricted title land (land that cannot be transferred without consent under legislation). The purchaser must properly complete and then serve the purchaser's part at an application for consent to transfer of 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 can rescind within 7 days after receipt by or service upon the party of written notice of the conditions. If consent is not given or refused within 42 days after the purchaser serves the purchaser's part of the application, the purchaser can rescind; or 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 time and 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 consent to transfer. Unregistered plan This 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, with or without any minor alteration to the plan or any document to be lodged with the plan validly required or made under legislation....,...,.. ""r"\ovoi~ut ~'I\V DeCI II T,..., I C~ Al /\f""ti"'''''

12 Land edition If the plan is not registered within that time and in that manner the purchaser can rescind; and the vendor can rescind, but only if the vendor has complied with clause 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 contract This 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 cause the event to happen. A partycan rescind under this clause only if the party has substantially complied with clause If the event involves an approval and the approval is given subject to a condition that will substantially disadvantage a party who has the benefit of the provision, the party can rescind wifhin 7 days after either party serves notice of the condition. If the parties can lawfully complete without the event happening 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; 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; 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 -, if the event does not happen within the time for it to happen, either party can rescind; if the event involves an approval and an application for the approval is refused, either party can rescind; 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~III T I'" I ~~AI Ar.Tl()'"

13 30. Defmitions and Interpretation 30.1 Definitions In this Contract: ADDITIONAL CONDITIONS "Acceptable Reduction" means a reduction in the Lot Area that is less than or equal to 5%; "Completion" means completion ofthis Contract; "Completion Date" means the date determined under the Additional Condition 35; "Consent" means the Development Consent issued by the council in respect of the Land together with any amendment or variation thereof, including, without limitation, a section 96 application and approval by the Councilor the Land and Envirorunent Court made from time to time by the Vendor in its absolute discretion; "Council" means Tamworth Regional Council and/or any other statutory authority having jurisdiction over the Property; "Deposit Guarantee" means any bank guarantee, unconditional undertaking or insurance deposit bond accepted by the Vendor at exchange of this Contract in relation to the Deposit under this Contract; "Discharge" means a registrable discharge or withdrawal ofan encumbrance; "Expert" means a person with qualifications or experience in the relevant area nominated 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 ; "Lot" means the lot or lots referred to in "Land Plan - Umegistered Plan" on page 1; "Lot Area" means the area ofthe 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 as contemplated in this Contract; "Pressure Sewage Systems Management Plan" means the Management Plan issued by the Council a copy ofwhich is annexed to this Contract and marked "B". "Printed Conditions" means the conditions of sale contained in the Standard Form of Contract for Sale ; "Property" means the Lot;

14 2 "Sunset Date" means 31 May 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 ofthis Contract - within seven (7) days after the date on which the Vendor serves notice ofthe registration ofthe Plan" 31.2 Clause 5.2 is replaced with: "if it arises out of anything served by the Vendor on the Purchaser - within seven (7) days after the day of that service or within seven (7) days after the day on which the Vendor serves notice of the registration of the Plan, whichever is the earlier; and" 31.3 Clause is replaced with: "the Purchaser does not serve notice waiving the claims within seven (7) days after that service; and" 31.4 Clause 10.1, line I is replaced with: "The Purchaser cannot make a claim or requisition, delay completion, rescind or terminate in respect of-" 31.5 Clauses 13, 15,16.8 and 22 are deleted The words "plus another 20% of that fee" are deleted from the end of clause The words "this clause applies to any document in an action III connection with this Contract including, without limitation, any writ of summons or other originating process" is inserted before the semi-colon at the end ofclause Clauses 23.6, 23.9, 23.13, 23.14, 23.15, and are deleted 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 not entered into this Contract in reliance on any statement representation, promise or warranty made by the Vendor or on its behalf including without limitation any statement representation, promise or warranty in respect of the nature or fitness or suitability for any purpose of the Property or any financial return or income to be derived from the Property.

15 The Purchaser expressly acknowledges and agrees that as at the date of this Contract the terms and conditions set out in this Contract contain the entire agreement in relation to the Property as concluded between the parties notwithstanding any negotiations or discussions held or documents signed or brochures produced or statements made to it prior to execution. The Purchaser further acknowledges that it has not been induced to enter into this Contract by any representation verbal or otherwise made by or on behalf of the Vendor which is not set out in this Contract The Purchaser has obtained appropriate independent advice on and is satisfied about: the Purchaser's obligations and rights under this Contract; and the nature of the Property and the purposes for which the Property may be lawfully used. 33. Registration of Plan 33.1 This Contract is conditional upon the registration of a plan substantially in the form ofthe Plan priorto the Sunset Date The Vendor must use all reasonable endeavours to satisfy the condition in Additional Condition Should the condition in Additional Condition 33.1 not be satisfied either party may, prior to registration of the Plan, by notice in writing, rescind this Contract. The Purchaser acknowledges and agrees that its only right or remedy available in the event that the condition in Additional Condition 33.1 is not satisfied is the right of rescission contained in this clause, and the Vendor will not be liable to pay to the Purchaser any damages, costs or expenses In addition to clause 33.1, the Vendor may extend the Sunset Date by each day that the Vendor has been delayed by reason of: inclement weather or conditions resulting from inclement weather; any delay in any approval required for development activities necessary desirable for registration of the Plan or completion of this Contract; or any matter or thing beyond the control of the Vendor The Vendor is the sole determinant of the Vendor's entitlement to extensions oftime under clause A certificate by the Vendor in relation to extensions oftime under clause 33.3 is final, conclusive and binding on the parties.

16 The Vendor may make variations to the Plan from time to time that the Vendor considers necessary or desirable in its absolute discretion. The Purchaser shall not be entitled to make any objection requisition or claim for compensation nor rescind orterminate nor delay Completion in respect of: any increase or Acceptable Reduction in the Lot Area; or any minor variation in the location of the Lot from the location shown on the Plan annexed; or any variation in the numberof lots in the Plan or the area or locationof any lot other than the Lot; or any alteration to the lot numbers; or any addition to, amendment or change to the draft Section 88B attached to this Contract lfthe Vendor: varies the Plan so as to reduce the Lot Area to an extent which exceeds an Acceptable Reduction; or varies the Plan so as to vary the location ofthe Lot to an extent which is other than minor when compared to the draft plan annexed, then the Vendor shall notify the Purchaser in writing of such variation ("the Variation Notice") and the Purchaser may (subject to Additional Clause 33.11) rescind this Contract, in which case the provisions of clause 19 shall apply Any disagreement between the Vendor and the Purchaser in relation to whether a variation in the location of the Lot is other than minor must be notified in writing by the Purchaser to the Vendor within seven (7) days of the date of service of a copy of the varied Plan. Should the Vendor agree that the amendment is not minor it shall serve a notice on the Purchaser stating that the Purchaser may rescind this Contract within seven (7) days from the date of such notice. Should the Vendor not agree that the amendment is not minor it shall refer the disagreement to an Expert and the Expert's decision will be final and binding on the parties, including any decision as to the party or parties who are to bear the cost of the determination The right of rescission specified in Additional Condition 33.7, if any, must be exercised within seven (7) days (time being of the essence) of the date of service ofthe Variation Notice The right ofrescission specified in Additional Condition 33.8, if any, must be exercised either within seven (7) days (time being of the essence) of the date of the Vendor's notice granting the right of rescission or should the Expert

17 5 detennine that a right of rescission applied within seven (7) days (time being ofthe essence) of the date ofthe Expert's decision If the right of rescission conferred by Additional Condition 33.7 is not exercised within seven (7) days of the right of rescission accruing, this Contract remains binding in all respects as though that right of rescission had never arisen The Purchaser agrees that the right of rescission specified in Additional Condition 33.7 is the only remedy available to the Purchaser following receipt of a notification pursuant to Additional Condition 33.7 and the Vendor shall not 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 the Vendor's Solicitors advise the Purchaser's representative in writing of registration ofthe 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 the date upon which the Vendor's Solicitors notify the Purchaser's representative in writing that the Plan has been registered. ("the Completion Date") 35.2 Subject to the satisfaction of the condition precedent, if either party does not complete this Contract on or before the Completion Date then the other party shall be entitled to make time ofthe essence of this Contract by issuing upon the other party a Notice to Complete the Contract within fourteen (14) days from the date ofservice ofsuch Notice If the Purchaser completes this Contract but does not do so on or before the Completion Date, then on completion: The Purchaser must pay the Vendor interest on: the balance of the purchase price; and any other amount payable by the Purchaser to the Vendor under this Contract, from but excluding the Completion Date to and including the date of actual Completion at the Interest Rate; and despite Clause 14, adjustments are to be made as at the earliest of the Completion Date, the date possession is given to the Purchaser and the date of actual Completion Payment of interest in accordance with this clause 35 is an essential tenn of this Contract.

18 The Purchaser need not pay interest under this clause 35 for as long as the Purchaser is ready, willing and able to complete and Completion cannot take place because the Vendor cannot complete 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 to allow for Completion in that notice. 36. Purchaser's Acknowledgment 36.1 The Purchaser acknowledges that the title to the Land, the Plan and/or the proposed lot(s) and/or the Property may be affected or amended by anyone or more ofthe following: redefinition ofthe boundaries ofthe Land; road re-alignment or dedication; easements, covenants, restrictions as to user or dedications; variation of the proposed boundaries between the lots other than the Property; alterations to the lot numbers; an increase or reduction in the number oflots If the Plan as registered is affected or amended as contemplated in this Additional Condition then the Plan will be deemed to be substantially in the form ofthe Plan for the purposes ofadditional Condition 33 ofthe Contract Notwithstanding any contrary provision in this Contract, the Purchaser agrees not to make any objection, requisitions or claim, nor delay completion nor rescind or terminate should the circumstances set out in Additional Condition 36.1 occur. 37. Proposed Section 88B Instrument 37.1 The Vendor intends to create pursuant to Section 88B of the Conveyancing Act, 1919 an instrument to be lodged for registration with the Plan dealing with 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.

19 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, brick or 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 not permitted. Tile & colourbond roofing colours to be selected from specified range. No motor vehicles which are unregistered or any broken or derelict machinery or rubbish may be stored on the Land unless in a shed or outbuilding erected on the Land. no structures shall be erected or installed on any building on the Land in the nature of aerials, solar hot water panels, communication dishes or air conditioning or cooling plant unless same is aesthetically screened from any roadway abutting the Land. No excavation materials, rubbish or builders' waste may be stored other than 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 The Purchaser purchases the property subject to any easements or restrictions affecting the property created substantially in accordance with these proposals or required by any competent authority in connection with approval of the Plan. The Vendor may vary or add to the restrictions on use regarding construction ofimprovements or fencing as it may deem necessary or desirable for the development The Purchaser may not make any requisitions, objection, question or claim for compensation in relation to any variation between these proposals and the 88B Instrument as registered unless that variation materially adversely affects the property The only right arising from any variation to these proposals that materially adversely affects the property is to rescind the Contract and neither party will have any further claim against the other 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 the proposals that has a material adverse effect. If the Purchaser does not rescind within that time, the right of rescission lapses immediately. In the event there is a disagreement between the parties as to whether a variation materially adversely affects the property the Vendor shall refer the disagreement to an Expert and the Expert's decision shall be final and binding on the parties,

20 8 including any decision as to the party or parties who are to bear the cost of the determination The Purchaser acknowledges that it will comply with all the restnctlons created 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 to or disclosed in this clause. 38. Selling Agent The Purchaser warrants that except for the Estate Agent or Agents referred to in this Contract it has not been introduced to the property or to the Vendor by any other Estate Agent or employee of another Estate Agent and agrees to indemnify and keep indemnified the Vendor against all claims, actions, suits, demands, costs and expenses in relation to a breach of this warranty. This Additional Condition shall not merge on completion. 39. Existing Services 39.1 The Purchaser shall take title subject to existing electricity and other installations and services, ifany, and shall not make any objection requisitions or claim for compensation or rescind or terminate in respect thereof on the ground that any connection passes through any other property or that any connection to any other property passes through the Land Should any water main or any underground or surface stormwater pipe pass through over or under the Land, the Purchaser shall not make any objection thereto or make any requisition or claim any compensation or rescind or terminate in respect thereto. 40. Council, Water & Sewage Rates 40.1 If, at Completion, a separate assessment for council, water & sewage rates in respect ofthe property for the year current at Completion has not been issued, the Vendor must pay the actual separate assessment if and when it issues. On Completion the Purchaser must adjust the amount of $1, per annum unless a separate assessment is available or contemplated whereby the separate assessment shall be adjusted The Vendor must, on or before Completion, payor procure the paymentof any assessment for council, water & sewage rates issued before completion for the Land or for the property either in full or to the extent necessary to free the property 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 Vendor and persons authorised by the Vendor may:

21 conduct selling and leasing activities on the Land (but not the Property), place and maintain in, on and about the Land (but not the Property) signs in connection with those selling and leasing activities, and place and maintain in, on and about the Land (but not the Property) an office other facility orbothfor salespersons This clause shall not merge on Completion and its effects shall continue until the Vendor completes the sale ofall lots in the Plan. 42. Non Merger The parties acknowledge that the benefit of the provisions of this Contract having application after completion continue to apply notwithstanding Completion. 43. Pressure Sewage System 43.1 The Purchaser acknowledges that the property is capable of being connected to the pressure sewage system administered by the Council in accordance with: The Pressure Sewage Systems Management Plan; and The proposed Section 88B Instrument The Purchaser acknowledges that he shall not be entitled to make any requisition, objection or claim for compensation nor delay Completion by any matter disclosed in this clause. 44. Guarantee and Indemnity 44.1 If the Purchaser is a corporation (other than a corporation listed on any Australian Stock Exchange) the Purchaser must procure the completion and execution of the following unconditional guarantee by two natural persons over the age of eighteen (18) years who are directors or substantial shareholders ofthe Purchaser ("the Guarantors") The Guarantors: give this guarantee and indemnity in consideration of the Vendor agreeing to enter into this Contract; and acknowledge that the Vendor has given valuable consideration for this guarantee and indemnity The Guarantors unconditionally and irrevocably guarantee to the Vendor:

22 payment to the Vendor of all monies due to the Vendor under this Contract; and the due and punctual performance by the Purchaser of all its obligations under this Contract If the Purchaser does not pay any amount due to the Vendor on time and in accordance with the terms of the Contract, then the Guarantors agree to pay those monies to the Vendor on demand by the Vendor As an independent and principal obligation the Guarantors indemnify the Vendor against all liability or loss arising from, and any costs, charges or expenses incurred in connection with or arising out of the failure of the Purchaser to make payment to the Vendor of all monies due to the Vendor under this Contract or the failure of the Purchaser to duly and punctually perform all or any of its obligations under this Contract The indemnity in the previous clause shall extend to any loss arising from any monies payable by the Purchaser under this Contract or from the Purchaser because ofany circumstances whatsoever This Guarantee and Indemnity is a continuing security and extends to all monies payable under this Guarantee and Indemnity The Vendor need not make a demand on the Purchaser before making a demand on the Guarantors or anyone of them. A demand on the Guarantors or anyone ofthem may be made at any time and from time to time The Guarantors waive any right they have of first requiring the Vendor to proceed against or enforce any other right against the Purchaser or any other person including another of the Guarantors, before making any claim against the Guarantors under this Guarantee and Indemnity The liabilities of the Guarantors under this Guarantee and Indemnity of the Guarantors where as guarantors or as principals are not affected by anything which might otherwise affect them at law or in equity including, without limitation, one ofmore ofthe following: the Vendor or other person granting time or other indulgence to, compounding or compromising with or releasing the Purchaser; or acquiescence, delay, acts omissions or mistakes on the part of the Vendor; or any variation or novation of a right ofthe Vendor, or alteration of this Contract or document, in respect of the Purchaser As long as any monies payable under this Guarantee and Indemnity remain unpaid the Guarantors may not, without the consentofthe Vendor:

23 make claim or enforce a right against the Purchaser or its property; or prove in competition with the Vendor in any bankruptcy or liquidation ofthe Purchaser The Guarantors represent and warrant that: their obligations under this Guarantee and Indemnity are valid and binding; they do not enter into this Guarantee and Indemnity in the capacity of a trustee ofany trust or settlement; they are natural persons over the age of eighteen (18) years; and; they are directors of or substantial shareholders of the Purchaser This Additional Condition is an essential term ofthis Contract. 45. GST 45.1 In this clause "GST" refers to goods and services tax under a New Tax System(Goods and Services Tax) Act 1999 ("GST Act") and the terms used have the same meaning as defmed in the GST Act The price shown in this Contract includes GST. 46. Deposit Guarantee 46.1 The following Additional Condition applies only if the Purchaser provided a Deposit Guarantee for the amount ofthe Deposit Subject to Additional Conditions 46.3 & 46.4 the delivery of the deposit Guarantee on or before the date of this Contract, to the person nominated in this Contract as the Deposit holder will, to the extent ofthe amount guaranteed under the Deposit, be deemed for the purpose of Contract to be payment ofthe in Deposit in accordance with this Contract The Purchaser must pay the amount stipulated in the Deposit Guarantee to the Vendor in cash or by unendorsed bank cheque on Completion or at such other time as this Contract may require the deposit to be paid to the Vendor Ifthe Vendor serves on the Purchaser a notice in writing claiming to forfeit the Deposit, then to the extent that the amount has not already been paid by the Guarantor under the Deposit Guarantee, the Purchaser will immediately pay

24 12 the deposit (or so much of the Deposit as has not been paid) to the Deposit holder The Vendor acknowledges that payment by the Guarantor under the Deposit Guarantee will, to the extent of the amount paid, be in satisfaction of the Purchaser's obligation to pay the Deposit under Additional Condition If the Deposit Guarantee has an expiry date which occurs before the Sunset Date, the Purchaser must at least one (I) calendar month before that expiry date replace the Deposit Guarantee with either a bank cheque in favour of the solicitors for the Deposit or a replacement Deposit Guarantee with an expiry date 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 Date pursuant to Additional Condition 33.3 and the Deposit Guarantee provided by the Purchaser has an expiry date that elapses before the date to which the Sunset Date is extended to, then the Purchaser must provide, at least one (I) calendar month before the expiry of the Deposit Guarantee provided, either a bank cheque in favour of the Vendors Solicitor for the deposit or a replacement deposit Guarantee which has an expiry date occurring after the extended Sunset Date If the Purchaser fails to provide either a bank cheque or a replacement Deposit under Additional Condition 46.6, the Purchaser will have breached an essential ofthis Contract. The Vendor may then at its election terminate this Contract or the Contract on-foot. The Vendor may claim under the existing Deposit at any time during the one (I) calendar month prior to its expiry and either apply that money by way of forfeiture of deposit (if the Contract has terminated) or apply that money as the Deposit under this Contract. 47. Lot Marking The Vendor will not be responsible for the accuracy, replacement ofsurvey marks or pegs on the property. preservation or 48. Fencing 48.1 The Vendor shall prior to completion in a proper and workmanlike manner fence 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 any boundary that adjoins any land owned by any other party other than the Vendor (the "Neighbouring Boundary") Such Inter-allotment Fencing shall comprise of steel strainers and stays with iron posts every three (3) metres including plain wires and 900mm netting provided that the Vendor reserves the right to use alternative materials at its sole discretion provided such alternative materials do not materially adversely affect the Purchaser.

25 The Purchaser shall not be entitled to make any requisition, objection or claim for compensation or delay Completion by any matter disclosed in this Clause including if the fencing of the Neighbouring Boundary comprises stock-proof barbed wire fences. 49. Lesser Deposit 49.1 Notwithstanding any other provisions of this Contract, the Vendor will on the making of this Contract accept on account of the deposit of 10% the amount which is equal to 5% of the purchase price as stated on the front page of this Contract On completion of this Contract the unpaid balance of the deposit shall be paid by the Purchaser to the Vendor in addition to the balance ofthe purchase price as adjusted If this Contract is terminated by the Vendor, in addition to forfeiting the amount held by the Vendor as the deposit, the Vendor shall be entitled to recover from the Purchaser the unpaid balanceof 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 ofthe lot provided by Country Energy.

26

27 NSW LPI Title Search LAND AND PROPERTY INFORMATION.NEW SOUTH WALES - TITLE SEARCH Page 1 Ot 1 FOLIO: 203/ SEARCH DATE TIME EDITION NO DATE 20/10/2009 9:45 AM 1 26/8/2009 LAND LOT 203 IN DEPOSITED PLAN AT MOORE CREEK LOCAL GOVERNMENT AREA TAMWORTH REGIONAL PARISH OF WOOLOMOL COUNTY OF INGLIS TITLE DIAGRAM DPl FIRST SCHEDULE KODE HOLDINGS PTY LIMITED SECOND SCHEDULE (3 NOTIFICATIONS) 1 LAND EXCLUDES MINERALS AND IS SUBJECT TO RESERVATIONS AND CONDITIONS"IN FAVOUR OF THE CROWN - SEE CROWN GRANT(S) 2 AE MORTGAGE TO WESTPAC BANKING CORPORATION 3 DPl 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 20/10/2009 Espreon hereby certifies that the information contained in this document has been provided electronically by the Registrar-General in accordance with Section 96B(2) ofthe FJ Property Act, Any entries preceded by an asterisk do not appear on the current edition ofthe Certificate oftitle. Warning: The infonnation appearing under notations has not been formally recorded in the register ~. ".. _~_. Mnv?wRmhloh=YmFOY2hnZnOxIn.TIcXVL. 20/J

28 r.., '" o M W,"' ~ ;,'" ṃ..., M ~ o 'I.u IȘ on M.u PLAN FORM SURVEYING REGULATION 2006 CLAUSE 61(2) H.G.A. CO-OROINA TES ~LASS MARK EASTING NORTHING ONE OROER PM S ' S6 C~ PM ls S S6 ( 3 PM 1S S S6 ( 3 A B Co E F G H J t fa31 SOURCE. COMBINED SCALE FACTOR H.G.A. CO-ORDINATES ADOPTED FROM S.C.I.M.S. AT SCHEDULE OF REFERENCE 2B7'12' 6.S6 GIP FO. 1B8'24' GIP 95'25' 1.05 GIP FD. 'SS'''' 2." PM 6183B 97'S2' 1.55 GIP FO ' 1.59 GIP FD. 276'13' GIP 274'18' 0,96 GIP 8'15' GIP FO PM 6183B - PM 152B68 190"12'56" BY SURVEY 190"12'56" HGA GROUND MARKS OP DP FO. OP 7876B9 VIDE NOTE 1 DP OP too I 1to I 120 Jno I t "... "'"..,,~ ~,..,... n~ I:nl nn.!,; Wll I I I:" It n Tn u..._... U~.. 'A' f --., ~ 1 Z 8'... "... (0.35)... "'T ~A...,~ lp H'Jolnt... ~ t.:r'"., " o -",., r...'" , /... / ~;?,"~,-.,-,.",-- I.t\ /",-- ::~ ~ ~,- m u-." 0: 01 n. :.: ~E '-', ~...'"' co z l I -.. l'i 1S83Q~ FD.C t25 Wide) PEst. /, ~---_ CONJOlA-l DRIVE.e: " PH PH , I_ '37" BY SURVEY l : U ::: ;g 326"55'28" HGA GROUND 8''''40'', ~~~nn",:(~ '''-40 M PM _ PM ', '... n " T II I I I Locality. MOORE CREEK Subdivision No. 003/2010 ~M lire in..tres. ~ Ratio , O' 4S4.8" ha n 53"20'00" 3~2.760 BY SURVEY. " 204 ~ 53-20'04" MGA GROUND o.\-. \('qo~ ~--,,,,, ~.'. 4400rrf ' ~ "'1 r--- " lfl In o NOTE N. 0 m ~ Vide Unregistered Plan ~~~... ~ ~ ~..._... ~ =.t..: ~ PPN OP : U:-.. a : :u ::)/u o~ fen ~""":..,-...,.-,, e " DP <-co::' G; 0',,\.0'\ ~~...oq oq ~ By Me Dated ;~"'::J - 0 "!'... ~~. I U... d OJ -00 ' 0 I ~ ~ ~:? a- O:N ~\(o.lil' w z <{..J Vl Z w o 3 o N 1LD , " ~~~ "l...~ ~ ~ t-,,-, "._. a;,-- -0 '" ~:!,.- i,.' '. '"~... ~ " T;._"," ~ N :. N ~ 'F' 8 "0 'H' 3687" ;- L.- ~ c. 44' 0 '-. J '- 1S 2868 FD. FOREST ( Wide) 188'.,..~o" 11' 40".. 185' ROAD _,_;"C' p,. pl"\ Est. G\e.\ l(' (O.11) -, ~ '" , _ S,. 'E' ~Il' '0'. ~ I g U,-59'3 0 'G'!.. : E}~~ 188' 11' 40" -:'J~ l:j~g. ci (D~ 10 Cor b"'~ ob Q/... '"...,..,... ~ ~ f"l t/) r"i~'..i.. ~,.,\\.0 " ~U{} ~ n" ";"=~"';;~=~-: 9 Y ' ~",6. os! N ',..,,,.0 J:Cf ~ ~., n(~~~/ ~ =~ t'_oe:,-; (,0(' r~~' ~ -: r~".h~"~(~ r",p"", ;,""'~~;:~G 0, tai I, -..,... DATUM LINE. 'PH 61838' _ 'PM ' "q? '\0 " ,.. o Q Surveyor. DaVid Andrew Lord ~~ BATH STEWART ASSOCIATES PLAN OF SUBDIVISION OF LGA. TAMWORTH REGIONAL Registered mji PO BOX "03 OX 6124 ~"TAHWORTH N5W 2340 LOT 168 IN DP ~... Date of Survey. 20 APRIL 2009 ~ ~ Surveyor's Ref t).. Geom v22 Drawin.1259(-1 III ~ SO 613 Tali! Df llid L".. ;, <>-

29 , Reg: R IDoe: DF P;R;;'v:2 7 -Aug-2 O:-:O:-:9:-:/~S':"ts-: ~8iqS~/afE ISrc:E s~c':."~.-::o-:::k-/-;:p:-r-;t-:';:2'::o--::oc':"t::-_-:2::-:0::-:0:-::9:-:12::-': O::-:6:-;/~p::g':::'s :Ai:L' DEPOSITED PLAN ADMINISTRATION SHEET Sheet 1 of 2 Sheet(s) SIGNA.TURES, SEALS and STATEMENTS of Inlention 10 dedicale pubiic roads, to creale public reserves. drainage reserves. easemenls, restrlctlons on Ihe use of iand or positive covenanls. PURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919, IT IS INTENDED TO CREATE:- Registered: DP Positive Covenanl Tille System: TORRENS 2. Restriction(s the Use of Land. I '~Purpose. SUBDIVISION &"")( 1;lN~ 1"'\ '1 l(12 ':;) G' h l,..\) 1,...- ~ r M,'" N;) f'r{.ti 0 0. ~41 I ~ r.::o==;;-;:c====-.:-:=--;-c=-;-;:7;';-;----! t,~,in JlOl1kJ:'."..'1 un>'"!f'l- PLAN OF SUBDIVISION OF LOT 168 IN rv,.fv.,..-.- "" "ii'\.' u.'- (l~ DP ~ I"a R. (! Ii f?~,)..., ")..~ '( ~"'O 1).4'" I\).:]L'{-fr...-.:-"" \)1Y\.i )O,,'i(tat..-ru It. e ~ Z o wen => w (,) i:i: u.. o LGA: TAMWORTH REGIONAL Locality: MOORE CREEK Parish: County: WOOLOMOL INGliS Use PlAN FORM 6A for additional certificales, signatures. seals and statemenls Crown Lands NSWlWestern Lands Office Approva Surveying Regulation, 2006 t, DAVlDANDREW LORD of BATH, STEWART ASSOCIATES Pty Ltd DX 6124 Tamworth NSW (Tel: ) a surveyor regislered underthe SUTVeying Act, 2002, cefufy that the survey 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 land shown herein have been given The survey reiales 10 Lois 203 & 204 Signalure:... (speciry Ihe land aciually surveyed or specify any land shown in the Dale:... plan t/lat is n~t/l. subject Ok! the survey) Fila Number:. OffICe' S,'gnalu- Dated 29 ' "- --1 ' ,. I~ SUrveyorregistered liiider file S(/(veying Ad, 2002 Subdivision Certificate I certify lhal the provisions of s.1 09J of t/le Envlronmenlal Planning and Assessmenl Acl1979 have been sal~fied in relalion 10 Ihe proposed set oui herein SUBDIVISION ~nsefllsubdivislon' or 'new road') A~ih~ri;;;;dP~;~~ M~~~g~;IA~~;~ di;~iiner Consent Authortly: TAMWORTH REGIONAL COUNCiL. Date of Endorsement. 11 JULY Accreditation no:. Subdivision Certlficale no:?~.b...9..?.}..l.'?:.~.t.(;)... ba- 28<1 (20 0 Fde no: 1. '0. Delete whicheverls Inapplicable. DaftJm Line: PM PM Type: Utban Plans used in the preparalion of survey/compilation DP OP OP OP OP OP Unregislered Plan PPN (il in5uffltient space usa Plan Form 6A anne:e:ttr! shfeo SURVEYOR'S REFERENCE: Geom v22 Dwg7259C-1

30 Req:R /Doc:DP P /Rev:27-Aug-2009 /sts: SC. OK ~8iqSD/~~ /Src:E /Prt: 20-0ct-2009 'iii':06"ipgs :AiL ' PLAN OF SUBDIVISION OF LOT 1681N DP CERTIFICATES, SIGNATURES AND SEALS Sheet 2 of 2 sheel(s) Registered: DP e SubdMslon Certificate No: Dale of Endorsement:: > :z Cu. ~ u. ~ u. u. C CetII!ed CClIlOd..._d.. 11M FlopeIty""_both )2.!'r1J /( SIGNED by: "!,A r ei AQIJCf, Y1:il1lImIr I : h.19 ",_. :. r.r Wll6Iplc IlInIIIIt00rp0rIl0nlI1dor _ofl1lllmlj...4lilt ~Sl2 (SlgnattilJ c::;7-' TIer1lllee Allonor 9)' exe<>jflrg...1i1e Iitlmoy,tat..lhat Ihe*"""'hao_ro...dlhe_dlho_of,1Ioo1ey. to_. 'daillrl.._oali>iiad. IwU~ lhallhtllllmoytrlle M"'''''''''..,...wIya:q<&IlnIad "as s~nedljrisi_"'",,_ (!, 1\-rJ k Slg..!uIe01_ ~ N"",(/",_ME<-.J",,-JHI "'~''1I'''f Mlressd_ IKiI\ISJad ConcO!1i Wast NSW SURVEYOR'S REFERENCE: Geom 04315v22 Dwg7259C 1

31 r PLAN FORM 2 (A21 WA.RNING. CREASING OR Fot.OING wn..l LEAD TO REJECTION DP11332.)'f..." ~cel I u..0 ~...~#b qv'\o'o." '0',--- C :-J..: :.; ~j ~ ~::: ~ II~: ";;,- ~ is " w - ~ ;: :> " ><, ~ _ w a: ;::~ i~ 0 -.; '" I A' 111 t('j ;; ~ "," ~ 0 w ::; ~1 a: ~I ~, ~ ~ I c M ~, I g 0 0 :'~ L ~ ~~ ;~ ~::.. ~ DIAGRAM'A' ~h ~ ~ot III 5ull. ~\ti H :~c.....' 10 LiP ~ ;;~ ~~ 11:~n;;3:i ~'..' 4'1.62..' 4".S9 11 'i ~'!.:~:3..' : : ~5a SO' so- :2 BOURNES R NC M A 56'SO' O.US Gl$' FO OS> lnoul 17'1" GIS' FD R.2SU5 11'7'56' U6 0 "3131' 0,455 "" GIP FD R.1SUS 1)'20' O.99S GIP FO OP 11U..)5 191'12' 1'.'" PH 1"7SI1 FO. DP l10nn ls6' PH fa. DI" H 141'U' GIP, 2"'1)' 0,015 GIP FO op 11071,,63 K non' CilP Fe OP L 115'21' GIl" OP ] N U'10',p" P " r.9')o' ~:U "" " t ~ ~ lvar...iothi '0' AOAO""': N- o 0 0.i ~~ j.../ BOURNES LANE... q.. G n'so'20m, 0... ~ i u ~ I,).:U ~", '"7C. J 'r ~ ;;.. 0, a.- L..;... ::: Ii b,b f /7,0 l-'1..}1 ' ::l::,c,.,a...6 / 'e',.... V~ :o~r, ~,'1."'" (C ~: 'tft'\o ~1~", C ii:;: lj.03~ '.l n~;:~:~ :::~ EASEMENT TO ORAlrl. SEWAG~ 6 EAS t1ent TO DRAIN WATER 40 WlOE '5 "'IDEI "iii'2.is n' DP 1125;.2:: SURVEYING Rf/illlATION WLDEI DP DP ~ V~,"'~t-b,-~,o.";:' ". LANE :::;35:51 : ~~:: LANE 2006 CLAUSE 6HZ} 1' (O_ORDINATES "AR< OHE EA,STlHG HORT!1...a ORDER rt:::~b;i ;...c: -'f' 'N' BROWNS LANE.::~ ~ 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 WlOf OVER LOTS 515, 57 I. 58 IN Sulod...i&i..n C.r1ifltol" HI;I, ~.. :::} "0.. 0 s...,vo: A.UI ' OP 1120' LOT 167 IN DP L"ngth~ ore in metru, 1:1''04 11, G"OIII Hodo:l 04)IS..ZZ R.dualOll RClIIo 1.Z500, ~:. It ", ~:! _ 11 2: ~.p "". ~ PH '1,75" Ul '13.'", SliS on,)) ",, PH lgo 11.II.U', 565 In.n '..--, PH 15"" '0' 211t.nlt, 5'" IU.467 " '..--, SQUIlCL (OM&INED stale FACTOA ' M.tl.A. (O-ORDINATES AOOPTED FADM S.c.J...s. AT DP : 'j G::.:'.:::1 3GB,,\.. (..<11',,,>'~.; ",:-." 'G'I ~' o,ov:..''' O 4- ~;~ ~ 4'1.'2.., :i:; <"... '1..,.,..".. <:/...11.,,.. ~T 'I' l' WI lou : ): ~ 41.1oCo 1" 'p If olnt 1'1' ọ 1t:ti -LJ :O '15 _.. e PH IS1616-PM '6'5"51" Y H " 5,'5'" t 101.Q~2 MGA GAOUNO PH IUS.. PH 151'17 751"'0'"," 659.US: ay HE 251'1(1'/,1" 65'.121 HtlA CiMOUHO PH 15t411~PH 15"16 30'"19",.. Sll,55_ '06-"'0'" SIISU KG" GROUND :;8 :;t).. ~r: :~: c;:; :-t; ;:: :-,,n,_..: c: o:;.!.3 i ;: ~,,~ '0, " 'Ii' "i1+ 'f el OATUH LINE. PH PM ;: VI i!jw OZ ):< 0-' '" DIAGRAM 'B' Nol t.. SuI. ", DP KG-A

32 Req:R /Doc:DP P /Rev:30-Mar-2009 /sts:sc.ok Bef2$06AP~~5~A~~6~ eq$rc~f2 /...,... -.~... ~ ~~. ~.., ~_. -'---''';; '-"':2 ~..._-- ~- '-1---'-"...,. /Prt:20-0ct-200 // DEPOSITED PLAN ADMINISTRATION SHEET Sheet 1 of Sheet(s) SIGNATURES, SEALS and STATEMENTS 01 intention 10 dedicale public 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 CONVEYANCING ACT, 1919, IT IS INTENDED TO CREATE: 1. EASEMENT TO DRAIN SEWAGE 6WIDE.. (C) 2. EASEMENT TO DRAIN WATER 40 WIDE...(D) q~~~j\ 1+;;;],,"" :':; Z o UJ DP Ul ::J I lts e Registered: te Title System: TORRENS o Purpose: EASEMENT PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE & EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 &58 IN DP & LOT 1671N DP ~--.J{0 j~~-----l LGA: TAMWORTH REGIONAL Locality: Moore Creek Parish: Woolomol County: Inglis 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 land shown herein have been given Signalure: Oale:. File Number'. Office'. Subdivision Certificate I certify thai the provisions of s.109j of the Environmenlal Plan g and Assessment Act 1979 have been satisfied In relallon to the posed set out herein (Insert 'subdlvisoo' or 'new rooo' Authorised Person/General Man Consent Authorily: TAMWORTH r/accredlled Certifier Oate of Endorsement... Surveying Regulation, 2006 I, DAVID ANDREW LORD of BATH, STEWART ASSOCIATES Pty Ltd DX 6124 Tamworth NSW (Tel: ) asurveyor regislered under the Surveying Act cerlify that lhe survey represented in this plan is accurate, has been made in accordance with the Surveying Regulal/on and was compleled on 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 DBtum Une: PM PM Type: Rural Plans used in the preparalion of survey/compilation DP DP DP Accredltalion no:,. Subdivision iflcate no: ",. Filen. 0 Ie \lit\ittlever is inapplicable. (U insufficienl space use Plan Form 6A. annexull sheen SURVEYOR'S REFERENCE: Dwg8188A

33 , ae~;~654s98 /Doc:Og B IRev:30-~~-2009 /Sts:SC.OK /prt:2~~~; :06 /Pgs:ALL /Seq~l of 5 Ret:SO/APEXS /Src:!: e-plan... INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATED PURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919 Lengths are In metres PLAN DP Page 1of 5 PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE AND EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 AND 58 IN DP AND LOT 167 IN DP Full Name and Address of the owner of the Land (Lot 58/ ) Full Name and Address of the owner of the Land (Lots 58 and 57 in DP and Lot 167 in DP ) Paul Patrick Maloney & Rhonda Ellen Maloney of 31 Craigends Lane TAMWORTH NSW 2340 Robert Geoff Bowden of RMB 295b Forest Road TAMWORTH 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 Prescribed on the plan referred to in the plan Parcel(s) Authorities 1 EASEMENT TO 56,57,58, Tamworth Regional DRAIN SEWAGE DP Council 6 WIDE (C) 167,DP EASEMENT TO 56,57,58, Tamworth Regional DRAIN WATER 40 DP Council WIDE (D) 167, DP DP , 308 DP , Lots 165, 166 and 168, DP , 69 DP , 52 DP ! I!!! A'--/"' -fj- -'/ Approved by Tamworth Regional Council.. Authorised Per on r

34 , Req:R654598!OOC:DP B /Rev:JO-Mar-2009 /Sts;SC.OK jprt:20-0ct :06!Pgs:ALL /Seq:2 of 5 RBf:Sn/APEX5483S683/Src:E e-plan INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT, 1919 Lengths are in metres PLAN Page 2 of 5 PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE AND EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 AND 58 IN DP AND LOT 167 IN DP PART 2 (Terms} 1. Terms of Easement to Drain Sewage 6 wide (el 1. The body having the benefit of this easement may: (a) (b) drain sewage, sullage and other fluid wastes in pipes through each lot burdened, but only within the site of this easement, and 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, repairing or maintaining pipes, manholes and equipment. 2. In exercising those powers, the body having the benefit of this easement must: (a) (b) (c) (d) (e) ensure all work is done properly; and cause as little inconvenience as Is practicable to the owner and any occupier of the lot burdened; cause as little damage as is practicable to the lot burdened and any Improvements on it; and restore the lot burdened as nearly as practical to its former condition; and 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 drain water Whether rain, storm, spring, soakage or seepage but only within the sile of the easement and not know:ngly to drain contaminated or polluted wate~rosje surface Approved by Tamworth Regional Counc ~. Authorised Perso

35 Req:R /Doc:DP /Rev:JO-&r !_St_,_:SC:.?_K/,Pct:20-0ct-Z009 12:06!PgS:ALL /Seq:3 of 5 Ref:SO!APEI J /Src:E -- - e-plan INSTRUMENT SETIING OUT TERMS OF EASEMENT INTENDED TO BE CREATED PURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919 Lengths are In metres Page 3 of 5 PLAN PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE AND EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 AND 58 IN DP AND LOT 167 IN DP of the land burdened, provided Ihal the proprietor of the lands benefited and the body benefited shall have no right 10 come on to Ihe land burdened or to remain there, nor open the land, nor to lay pipes, construct drains or canals nor to bring on to the land burdened any equipment, tools or machinery. NAME OF PERSONS AND BODY EMPOWERED TO RELEASE, VARY OR MODtFY THE EASEMENT FIRSTLY REFERRED TO IN THE ABOVE MENTIONED PLAN The registered Proprietors of Lots 56, 57 and 58 in DP , Lot 167 in DP and Tamworth Re9ional Council NAME OF PERSONS AND BODY EMPOWERED TO RELEASE, VARY OR MODIFY THE EASEMENT SECONDLY REFERRED TO IN THE ABOVE MENTIONED PLAN The registered Proprietors of LoIs 56, 57 and 58 in DP and Lot 167 in DP , Tamworth Regional Council, Kode Holdings Ply Ltd, Treechange Pty Limited, Sugarworld Pty Ltd and Jackson International Pty Ltd, but only whilst Kode Holdings Pty Ltd, Treechange Pty Limited, Sugarworld Ply Ltd and Jackson International Pty Ltd remain proprietors of the land benelited. Signed In my presence by PAUL PATRICK MALONEY who is personally known to me: c:..\{~ L sig~~i~;~ '~i' wii~~""""""""""" 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 R:\00C5\Oe 1700\0B 170D~OQ6.DOC

36 ,, Req:R6S4.S98!Ooc:DP B!Rev:30-}(.ar-2009 /Sts:SC.OK /Prt:20-0ct :06 /Pgs:ALL /Seq:4 of 5 ll.ef:sd/apex548js6bj /Src:P: e-plan INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT, 1919 Lengths are in metres PLAN Page 4 of 5 PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE AND EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 AND 58 IN DP AND LOT 1671N DP Signed in my presence by RHONDA ELLEN MALONEY who is personally known to me:.. l~~kj Rhonda Ellen Maloney J ss:~~ Ffl...\0'11.-1 WJ!(uG- H...~. Name of Witness (Block Letters)... ~y.o.-/~..~n~il'9.l,.m.lj OJ(~ 0n Ir);_ Address & Occupation of Witness[ YOJ\...;~ lcif Signed in my presence by ROBERT GEOFF BOWDEN who is personally known to me: )!.it4'~.4.-.a-... [J, Robert Geolf Bowden...:..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 Approved by Tamworth Regional Council.... Authorised Pe son R:\Docs\081700\081701>-C106.0OC

37 , --- aeq:r~54598 IDoc:D~ B IRev:30- ~r-2009 /StS:SC.OK!Prt:20-0ct :06 /Pgs:ALL!Seq:S of 5 Ref:SO!AP&XS483568J!Src:F; -- -_..._- e.plan INSTRUMENT SETTING OUT TERMS OF EASEMENT INTENDED TO BE CREATED PURSUANT TO SECTION 888 OF THE CONVEYANCING ACT, 1919 Lengths are in metres PLAN DP Page 5 of 5 PLAN OF EASEMENT TO DRAIN SEWAGE 6 WIDE AND EASEMENT TO DRAIN WATER 40 WIDE OVER LOTS 56, 57 AND 58 IN DP AND LOT 1671N DP 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 Approved by Tamworth Regional Council.. Authorised Person

38 Tamworth Regional Council 437 Peel Street, Tamworth NSW 2340 Telephone:-(02) Facsimile:- (02) ABN June 2006 Bath Stewart Associates Pty Ltd DX 6124 TAMWORTH Dear Sir/Madam Environmental Planning and Assessment Act 1979 NOTICE 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 of the following development application. d _.,~;.;,: 't", ";,.. _",.. Development Application No. ~AOi89!2q06. Subject Land: Lot 168, Part Lot 169 DP , 1356 Upper Moore Creek Road MOORE CREEK NSW 2340 Description: In the determination of this application Council considered all matters listed under Section 79C of the Act. The development application has been determined by the granting of consent subject to the conditions listed below. 1.1 A satisfactory servicing strategy shall be provided for the development for approval by the Water Supply Authority prior to the submission of the detailed engineering drawings accompanying the application for a Construction Certificate for the first stage of the subdivision. Prior to preparation of the servicing strategy, the applicant shall consult with the 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 designated water and sewer service area. The extension of infrastructure to this location is not currently in a funded works program adopted by Council. As a consequence, the developer is responsible for the extension of all required water and sewer infrastructure to service the site in accordance with Council's policy: "Reimbursement of Developers for Sewer Water Supply and Infrastructure". 1.2 The application for a Construction Certificate must be submitted with engineering drawings and construction specifications prepared in accordance with Council's Engineering Guidelines for Subdivisions and Developments, Hills Plain Development Control Plan 2006 and Tamworth Regional Council's Specification for:- Roads; Drainage structures, including vehicle access to each allotment across the table drain; - Home of the Telstra Country Music Festival - Tamworth - L~~s~No~3e5N311doc:

39 . 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 recognised standards. These drawings, including calculations, geolechnlcaltest results and pavement depth calculations must be approved by Council prior to Ihe commencement of work. The pavement 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 slormwater drainage slrategy for the subdivision, includln9 any staging of construction of slormwater Infrastructure. 1.4 A soil and stormwater management plan shall be included In the Engineering drawings to prevent future maintenance problems and ensure compliance with relevant regulations. The plan shalf conform to the requiremenls of Council's Engineering Guidelines for Subdivisions and Developments A landscaping plan shalf be submitted to Council for approval prior to issue of Construction Certificate Ihat Indicates proposed street tree planting end the location of clearly defined pedestrian linkages within road reserves and drainage reserves so as to provide such community facilities throughoutlhe subdivision A Construction Certificate Is to be obtained prior to commencement of any subdivision works and can be. obtained by applying to either Council, or a private certifier. Please note that under Council's current planning Instrument, Perry Local Environmental Plan 1987, the Principai Certifying Authority must be the Council. 3.1 The development must be carried out in accordance with the Development Application and accompanying plans, drawings and othar documents as amended by conditions of Ihis consent. Any amendmant to the development or to these conditions will require the consent of the Council. 3.2 Underground electrical reticutatlon shall be provided 10 each lot in accordance with the raquirements of the electricity supply authority to ensure a high standerd of visual amenity. Reticulation from existing overhead lines and corresponding infrastructure is no! permitted across roads. Where direct access is available to existing overhead supply (where a property has 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 unreasonable disturbance to the amenity of Ihe area:- Monday (g.friday am to 5.00pm; Satllfday 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays if It is audible on other residential premises. The contractor shall be responsible to instruct and control his sub-contractors regarding the hours of work. Councii will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event lhat the construction work causes noise (0 emanate from the property on Sundays or Public Holidays or otherwise than between Ihe hours detailed above. 3.4 The contractors engaged on Ihe development of the subdivision must maintain public liability Insurance cover to the value of $20 million. The policy shall specifically indemnify Council from all claims arising from the execution of the works. Documentary evidence of the

40 '.,'Tamworth Regional Councll- DA0289/2006 Page 3.' currency of (he policy shall be provided to the Council prior to the commencement of work and upon request, during the progress of the work. 3.5 Full width rural standard bitumen sealed roads shall ba conslructed for the full frontage and sideage of all lots wilhin the subdivision to ensure thai public road facilities are established to an appropriate standard having regard 10 the traffic generated by the proposed developmenl All road works shall be designed and constructed In accordance with the Engineering GUidelines for SubdivisIons and Developments. 3.6 Access to each lot shall be provided by a gravelled drlveway having a minimum width of 4.8 metres with eilher a concrete dish drain or reinforced concrete pipe culvert and headwalls to accommodate road side drainage. The choice between a pipe culvert and a concrete dish V drain will depend on the existing and proposed road side drainage arrangements. The design of such access provision shall also include consideration of aeslhellcs. public safety and future maintenance. Further advice on the selection of the size of culvert pipe or the sultabilj(y of a dish drain crossing is available from the Council. Refer to standard Council drawings 7306 and 6475 for 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 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 grassed batters, seeded and trealed with suitable material to ensure growih of grasses and avoid erosion. The slope of any batter shall not exceed 1 in Where downstream flows ere Increased due to the development, contributions towards proposed and existing slomnwaler drainage systems are required in accordance with Council'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 to accommodate the Increase In runoff due to the development. 3.9 Inter-allotment stormwater drainage systems shali be constructed to provide adequate drainage faclllhes to each lot. If the drainage system is designed so that drainage water Is discharged through adjoining privately owned properties, then easements shall be provided on each lot on which the inter-allotment drainage system is located in favour of the lolsliands that benefit it Is acceptable to discharge stormwater from the sile, equal to' the calculated natural discharge, without the need to create any downstream easements. Where It Is intended to discharge stormwater, greater than the caiculated natural discharge, through downstream privately owned property, drainage easements must be acquired. Written consent from the ownerls of Ihe property on which the drainage is to be discharged. or works are to be ApplimH'/l Nlt Dclffll>OA J6901

41 '.' 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 TiUes Office prior to the granting of a subdivision certificate. 4.1 A compliance certificate under section 306 of the Water Management Act 2000 must be obtained from the Council (as the Water Supply Authority). Council requires the following works and/or payments to be completed prior to issuing a compliance certificate A single water supply service shall be provided to each lot A single Low Pressure sewer service shah be provided for each lot A public positive covenant in favour of Council as the Water Supply Authorlly must be registered to burden every lot in the plan to give effect to the Plan of Management for the 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 to meet the full cost of construcuon of the extension of the sewer and water infrastructure to the subdivision. At some tima In the future the CouncIl (as the Water Supply Authority) may adopt a Development Servicing Plan which provides for the Inllial cost of such Infrastructure to be met by Councll. The commencement and completion of this construction is subject to Inclusion of the work In an adopted work program,. If the developer chooses to build the necessary water and sewer Infrastructure, headworks charges will stifl apply to the subdivision Water and Sewer headworks contributions will apply at the rate identified In Council's Management Plan at (he time of issue of a Subdivision Certificate or by a Development Servicing Plan applicable to the land. Revised rates adopted in subsequent 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 of subdivision by the Council The capital cost for the supply of pressure sewer unils Is $7387 plus GST per lot which 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 time of issue of a Subdivision Certificate. Revised rates adopted In subsequent Management 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 to issue of the subdivision certmcate. The drawings are required to ensure that adequate records are mainlained of community infrastructure. The drawings shall be certified by a registered surveyor or a Chartered Professional Civil Engineer. 4.3 Notification being provided thai satisfaclory arrangements have been made with Counlry Energy to ensure that electricity supply infrastructure is available for each 101 In accordance with community expectations.

42 ...Tamworth Regional Council- DAo289/2006 Page 5 4.4' Notification being provided that satisfactory arrangemenls have been made with Telstra to ensure that telecommunication infrastructure is available for each lot in accordance wllh communllyexpectations. 4.5 Council Is satisfied that the proposed development is likely to increase the demand for the following public amenities and public services Within the area; bushfire services. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 Council requires the payment ofa 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 of subdivision by the Council. The contributions required by this condition are allowed by and determined In accordance with the Parry Section 94 Contributions Plan No.2 - Bushflre Brigade Services, copies of Which may be inspected at the offices of the Tamworth Regional Council. NOTE; The above contributions have been adopted under the 2005/2006 Council Management Plan. Revised rates adopted in subsequent Management Plans witl apply to lots released in later financial years. 4.6 Council Is satisfied that the proposed development Is tikely to increase the demand for the following 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 Council requires 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 of subdivision. The contributions required by this condition are allowed by and determined in accordance with the Tamworth Urban Seelion 94 Contributions Plan made by the Councii on 1 AU9ust 2005, a copy ofwhich may be inspected at the office of the Council. NOTE: The above conlributions have been adopted under the 2005/2006 Council Management Plan. Revised rates adopted in subsequent Management Plans wili apply to lots released in Jater financial years.

43 '.. Tamworth Regional Council DA0289/2006 Page Proposed street names shall be submitted for approval and public exhibition prior to issue of a SUbdivision Certificate. 4.8 ProVision shall be made within the section 888 instrument accompanying each slage of the development to restricllhe erection of continuous and uninterrupted coloured metal or any other solid fencing at lhe boundary of anif lot on a public road fronlage Within the SUbdivision. The conditions have been imposed In accordance with the Environmental Planning and Assessment Act and Council's adopted policies. This approval. q,ecame effective on 26 June 2006 (Section 83 of the Act) and will lapse unless the proposed development is commenced within five (5) years of the approval dale (Section 95 of the Act). Under the provisions of Section 97 of the Act you may (within twelve (12) months of receipt of this notice) appeal to the Land and Environment Court against conditions Imposed should you feel they are unreasonable. All conditions imposed by Council shall be observed as non-compliance Is an offence under the Act.. '(QU~ failhfully IJJ, ti/7 ~~ OM Lewis OeveJopmant & Approvals Manager For further Informatlon please contact: David Lewis Telephone:- (02) Emall:-d.lewis@larnworth.nsw.gov.au. Please address au correspondence to:- The Genem' Maneger Tamworth Regional Council PO 80x 555, Tamworth NSW 2340 OR DX6125 Pia Quole:- DA02S9/2006

44 26 November 2007 Tamworth Council 437 Peel Sireet. TAMWORTH NSW 2340 Vendor: Purchaser: Property: Treechange pty L1miled Kode Holdings pty Limited Lot 168 Forest Road, Moore Creek We, Treechange Ply Limited ACN , as holders of the Development Consent dated 26 June 2006 issued by Tamworth Council for the subdivision oflhe land Lot 168 in DP under Development Applicaton No. DA0289/2006 hereby assign all right, title and interest 10 Kode Holdings Ply Limited ACN Signature of attorney Attorney's name: William Samuei Dockrill Signing on behalf of: Treechange Ply Limiled Power of Attorney: Book: No: 597 ~. Signature of Witness Witness's Name: Rachel Devlin Address: 2/3 Young SI, Neutral Bay

45 Construclion Certificale No. CCS026J2008 Developmenl Consenl No. 0289f2006 Officer Responsible: Phillip Allen Applicant's Details Construction Certificate issued under the Environmental Planning and Assessment Act 1979 Section 109c(1)(b) & 109F Name: Bath Stewart Associates Ply Ltd PO Box 403 TAMWORTH NSW 2340 ProperlYld~ntHicaffon Legal Description Lot 168 DP Property Address 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 2008 This 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 ApprcwedPram;' and SpeclflC<1llon$Refle.d"on... Ref Number sheets 1 to 38 rev D and Sewer Plan number S7100 sheets 1 to 5 Rev C Certrf!Giltd The Tamworth Regional Council certifies that the work:, If completed in accordance with these plans and specificafions, will comply wilh the requirements of s81a(5) of the Environmental Planning & Assessment Act W~ ".~ ~.. David Lewis Manager of Development and Approvals 9"' May 2008 Date All correspondence should be addressed to the General MZlnager: Telephone: PO Bo. 555 (DX 6125) trc@tamworth.nsw.gov.au Facsimile; Tamworth NSW Tamworth Coullfry Music Res/iV/rf prc$cj1./j!.d by Telstru FridtfJJ 16 JaJuta,y to Sunday 25J4ffUt1.ry wwllol./cm6co1ft,nu

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47 P'11It1U/'t h~qti6y*lem. t.\(ilig:.m.nt P/.n 1. objf t. TM Objfdl ~ lhlt M_~mtllt Pltn.,.... IlJH~:' f.1. '1'0 lj1forrrt Iht ethn&ll 01 ptoptrlt ~ by I prtuure ~11)'t1tln.!)out tflf OIlgOlng M'llIgfIllt/llAI\d u.. Of Iho IY'ltm. ' 1.2. To '11lUr1 Illit l!le P<'O'tWon af ~ ttmot. Md."olwnu.r. mllltgeq.!1lo;ieni/y.riii ~ by uw. f.3. 'TQ prott.<:l. rffiorw ~ Clllhant* 1M tjll'uty oflht envll'c/llmlll htvk'lli ~gmj to tile lind 10 11\t1~ln.oo!ogll:Jlly JUltal~ davtlopmellt,. f.<l. 1'0 "''UrJI 1h«t IllY 1**011 Ullhg prtuur. HW~.,.m lilt ao:;ell to. In1om1l!f!on.boo( u... r'l1oillfot!!\q. ~MOt Ifld rop.jr ptq<led,iii'*t. U. To ~ t1tk. to ftltl1~ h..l!ii.n~prw.m 1M ~ 01 tflt tm'fronmel1t b)llhq U., (>f mech,lift/fttlhal ~..lf1tfollowlng, f,is.f. poll\liim prevtoflo!l: I.U. grulml'tldblilyln ffwll'age 111tlm Ill«*tlon; 1.U. ~.tw..1l\'l(l)m)fntal Mid ~cmtl InlPfOV.tnanta In f V"* chuvery; II'Id. U.~. monlt«lng til<f repcllilnq dlicmrpti Ii Um' Whan thty can b. ' oonlj/ii6d Iro'ithIlUlll1vUon1ntntallmpaols, 2. 'nfllrtnatli~n abllllt.ymm uu, malntananctl ant! mlnlq.rnant To enlure prum. ~a~ ~m. &t* trll'\(:lentiy malntaln&<! ~llllll<i<iwl1fr. (amlllar WIth tim lnl'om1ttlorl ooni«lr1j11ln Ihil f9kowlng d~: mult bel 2.1 ~111, PcVtIQpttW'J( QQnI4tlt Inv.d.by l~ cionunt,ulho(!tl' U:Th. T~.R~1on1l OOanoll ~ utied <J>tdUI,JffJ $tw9~,sy8#m. POIIoy ~/t.hhlllf'. IIT1fn~a from tjtl1. to time Tna Tfll'lWMh Roglorltl Ooun ll ddcumlnt lillod 'Prtffl)t'e a~ Syatlm HCT1lfI OW~ Manlll!' I'.men~ from llma to 11m. (ral'lred to II tilt '/iomt' ovm.rt MIIl\I.1' kltlli!hlt M~_;foC1'\6l1t ~"). 2.,<1, Any O!hfr (foovll1tnl recommended Of I\OllIl<l4 by tht Tamworth R.glon,1 Or;,oooU fl'oln Iknt to frnt.... )

48 3. Pump Urllt M'lrJttn*ttcllnd R'JlAJr II, j, R..pcntlbllHy " ~ 3. f.1, Thf CoiInoll I, rtlpiln.lblt for,u)l~1ylog and JIIWlI~r1Q the pr6uurt....ra'. ~un\phq unl~ If.ol/tll Pll/'Itl, deuvfiy lin«i&lld bcii.lt'tdtl')' kit,nd WIt IH rnpo~ f9r.. ~. t.etulr,d ltlll1/. eqi.ilpnwot!'rom time to lime,'. H2, Thf ItrxloWt1fr of!hl rind /I rflpc(\t!blt for th. oom ct malnttlntng and. tep*111i1q!h. grt'ti!y IIn4 IttlIlI Iny blildlllqf M lbt IM~ to Ill. point b/ con~ It1M 1IfXIbl. jokll on thll frliti Il:l6 ritil«miiln ttwertgt I~ \'fll&l,. ~.1,'. Thll k/lcfqwn6r II "ljlolllrblt for etl'lim!1 it-t ll\1 ~ tlwmplf to ".In _CIOfI' k>.li\4i p.tlipinq wtll or Itl~ 1cI ~ h prtmll'll -.w~ Putnplng 1XtIt..-m!*WI, d.llv/liy Iillt Of boundary l<t unit.. lhf porton I. lut~ by ItllI CO\II1O/J to ~ In. I1pafll,,.. ~. f.~, T/lfl I~ II mpoolblt for enltlllng Ihal fotjoetl to.ti\a prt~ lhwertgil PUll~ unt,1id.111ll1 plntl/. n«~ and lila! t Ol" II mid. avjlj,bit f«il1iim6nlloot,nd ulv!mg 0( III, pruta.. ~ pumping \lilt,.linn p.~i, cwlvtl)' U/It lllld'bollfldaiy k1l j,l.c. 'TM IendcfflMr II ~ibhi fa(,"iurjl1ll thlt li>t Hon\f 0Wr\e!1 M.oual If followed by III pli~ ujl"" tilt ~,. 3':~, COlt Th. Oouncll It ~ fol' the of ml~lnll'l\l lind r.ptlrlilg the prouur. 1HWtI~Q<I PiJll1prng unit,,larm ~1,lItIwri in. If')(! I10Undary kit. unle.. ll1& ~URmMl to ~. rtjl.lrt r. Clllt to 1M clt~ or n~l~ lk&nf of:. lht(~c1f.. any ptllol'l wh611l1tl'j ~ lind wlttl the con..nl oilt1e l,ndoyil'tfr, Iflh. CouMiI " not rhpoi\aa fo(-lt1a ClOtl of rap.itt for 1 "*&on tat out III p.'o'ifllon. * hI. pl.o ff\en tre co,t of ltw IljIIftl VIlli bt the r..pon./bllhy or 1M laniiowritf...',,,., j 1 I I

49 3,:l,3, The landowntf Is rilpooi/illt for lilt COlt 01 /Ilatallog the Ql*1'IIy 1110 from blll~~ 00flt1~ on lh. ftl11d \Cl l/l' com6ctlori poli\t ~ lilt IItxlbl, Jolnl em ttit Inl4t ~ oilht. 1X'H«\l1't ~ lloriqt vaani IIId 11 ~~ It\( lilt oro<*lq rn.irmnenoa an4 rtpl~!;om 10 COl1MOtion \IIflh lhlf III\t. U, N~II01\offauill., Tn. 14r~ trltlit monhor the ptifoimer1qll oilht ~ M'r'ItIllO' pumping un/l, llam1 pane~ dt/lva!)' lklt 11M boundary kii In IOCOII!roOt wilh the Hornt 0WMf't l\lmu-l lind I1lUtt report any mlffi,(nllllont 01 laultt to 111, Oouncll by ~ wilh tiwi prr;otduru an~ lin\o fi'*m" ~ In l!iat Mmlual. 3,>4, /tupontoa Co<JnclI or allontrattar f<\ol;<ld l>y Oounell win relfx'o'd 10 ropcxtt of any rntlmldlon In the Umt fw11ts '9«/fled In IhtHom, OWn," Manu.1. I!I ii n :i! j',, 4..I"~~ Supply. Mtlnttnlnea and R.palr ~. f. RHPCMlbIlty ",n.~if,...,nalbk tor irlt'-lling Itt IP!'R'P!flll. IUI >Ir of,1lcll\c:ity Ie the IlNWllI't MW«1\gl ~ unk lli1d aillm panel lind. ill ~ '"POO,Ible foi enalkfng tha1lhll fl.!'i'ly" /llilni.1int<i.. ', U. Coif The ~r,. roaponwblo f«iii ecottt..,~ted wilh tho otle\:tlloi\t lupply In<;!uc!fog but not UIlI/lf<f 10 IIlI iiil1dttlon, m-in1tni/\c4 and r.palr ooott loii~ with tiwi wet of the Iloctr1clty oonlu~ by \IT. pimwtt HY{.rtgl P1Itl'j)!nII unllan~.t.rm panii,, ~,,3. NOffl\QQUon of fiiuit:i. The 11l/ldOWt\o""'<1f\ noi/fy Ihl Coondl of any /aun In 1111 IIt~ fuppfy \<l the ptluure,""""1'ill1 ~ unlt W1d.ltrm pin" II 40Qfl a, Iil5 IlndO\lTier booom.f'lwkli of lht hluh, -',(.Ruponu. IflIlenl,ll faun In thlllll'p!y of 6lo<llrlQ/ty t9 the PI/ltl\l'lM'NfIIOf pumping unll pt the alar1t1 p&lliilhe ra/'od<lwrw mutt..,.,.,,.. ltlll ti>i ~nl ~Md In lht Horna Ownerr Mlnu~l.l'lIlI.kl!1 wlctlk1lh4 txne frwnt. fd~1\cftt<;lln tiill Manval. J

50 I 5. Mult.. The!\tndl>Wl1ar mv*l PtImIt any ptrtpn.julhol1jlld by thl OOllnt!11o.mar the land.nd Irt'l*t lila Prtlnt MWtrIOt pumping unl~ ~ pol, ct.~ ll/l4i 'rid boil~ kit ~ omlti tn.,~ lupl>ly end grbity plpt 6I\d 10 ~rt.tk. twh WOIU II tht O~ dttml IIPPfOprlal* IQ e:n'lii't. tflf ayattm wml ~ In. 'ppl'oprim Incl fiilloltnt mttn",r. e. IillSfrlJ,ncy /b6ponh e.1. In lilt event of IllY IUdlblt 0( 't'ltu4l! afamt emltltd by 1Ilt PI'IHi/nl """'11.04 p\lmplng urll III "rm PIn.! or Iny Vf.!bJa dlj<n.,-g. ~ mltwl /rom lit. prauvrt~)llll1pij'ol ul'dl. dflfv&ry line or l>o<.ll1d.ty kit, ~. Ifndown,r mvat: FcllOYt'tht allrm ~t.p<li1" ~U(8I'~ h lh. ~ Owntf'f '".nutl;.1id 6.1.:1. Nol!fylha OO\ll'ldI by lht ~,-phonln~ til,.~raanb«.~i\ed In the t1llln 0Wl1tt't M,nuff; IOl'KI e.1.3, Th. It.ndowner mutl,"fure ltilli III IPP~ ldion 10 W<1If1 \Q mln/ml.. d(~ ~ the /l9ltle to the Pftum MWtCJ.~. pomplr>q unk ~.t In 1UdIb/. DrvlwI'.I.trm I. 1Clivat.d. T, Otrnlr~1 th. KMQwIl6t 1T1lJ&! ocnwlt with Itl6 C I/~ pr1 ( 10 comml\llelog h<)fpl modllloetion. or addltlon. 10 eatmm/lml an IPPnlpNl. ci..l~ lor I~ or.lttring Q;lnn~11o~~ aaw.raoe. pumping unk.! I i I'

51 Q~4;C' INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND REST~'IONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 1 of 7 Sheets) PLAN: DP Full name and address ofregistered Proprietor of the land Full name of Mortgagee: Plan ofsubdivision oflot 203 in DP in the Parish ofwoolomol, County oflnglis covered by Council's Subdivision Certificate No. Kode Holdings Pty Limited 21 Supply Road Lane BENTLEY PARK QLD 4869 Westpac Banking Corporation PARTl 1. Identity ofeasement Firstly referred to in the abovementioned plan: Positive Covenant Schedule oflots etc. affected Lots Burdened: 203 Lot. name ofroad, or Authority, Benefited: Tamworth Regional Council 2. Identity ofrestrictions on the Use of Land Secondly referred to in the abovementioned plan: Restrictions on the Use ofland Schedule oflots etc. affected Lots Burdened: 203 Lot, name ofroad, or Authority, Benefited: Lots inclusive, Lots inclusive PART 2 1. Term ofthe Positive Covenant Firstly referred to in the abovementioned plan. Approved by Tamworth Regional Council General Manager/Authorised Person

52 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 2 of7 Sheets) PLAN: DP Full name and address of Registered Proprietor of the land Full name of Mortgagee: Plan ofsubdivision oflot203 in DP in the Parish ofwoolomol, County ofinglis covered hy Council's Subdivision Certificate No. Kode Holdings Pty Limited 21 Supply Road Lane BENTLEY PARK QLD 4869 Westpac Banking Corporation Definitions Council means the Tamworth Regional Council, its successors and assigns or any other body serving the same orsimilar function and, where not repugnant to the context, includes the servants, agents and contractors ofthat entity. Plan means the plan of subdivision oflots 203 in DPl in the Parish ofwoolomol, County ofinglis. Plan ofmanagement means the plan of management titled "Pressure Sewage Systems Management Plan" forming part of the development consent granted by the Tamworth Regional Council in respect of development application DA0289/2006 as amended in Modification DA or replaced with councils written approval or as modified pursuant to S96 ofthe Environmental Planning & Assessment Act Terms ofthe Positive Covenant (a) The owner ofthe lot burdened for itself and other owners from time to time of the lot burdened covenants that: 1. it will comply with the Plan of Management in respect of the use of the lot burdened as if the Plan of Management were set out in full in this public positive covenant; and.11. it will not amend the Plan of Management without the councils written agreement. (b) Without limiting the responsibilities of the owner of the Lot from time to time pursuantto the Plan ofmanagement, the owner must: 1. Do all things necessary to provide an electricity supply as required by any sewage pumping unit located on the Lot including the payment ofall costs associated with that supply. Approved by Tamworth Regional Council General Manager/Authorised Person

53 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 3 of7 Sheets) PLAN: DP Full name and address ofregistered Proprietor of the land Full name of Mortgagee: Plan of Subdivision of Lot 203 in DP in the Parish ofwoolomol, County ofinglis covered by Council's Subdivision Certificate No. Kode Holdings pty Limited 21 Supply Road Lane BENTLEYPARK QLD 4869 Westpac Banking Corporation ii. iii. iv. Pay the costs for electricity used by the pressure sewage pumping unit located on a lot. Do all things necessaryto ensure that the electricity supply is maintained in a good and serviceable condition and repair including the payment of all maintenance and repair costs. Do all things necessary to ensure that no person other than an authorised Council employee, agent or contractor removes the pumping unit cover or does any work of any description whatsoever to the pump or the sewage collection pit. (c) If the owner of the Lot burdened fails, refuses or neglects to perform any obligation pursuant to this covenant the Council may, without limiting any other right or power it may have, perform that obligation. The owner of the Lot burdened shall be liable for all the costs incurred by the Council in performing the obligationon anindemnity basis with such debt forming a charge onthe land until suchtime as itthe whole ofthe debt is paid. Variation ofthe Covenant This covenant may not be released, varied or modified without the written consent ofthe Council. 2. TermofRestrictions onthe Use ofland Secondly referred to in the abovementioned plan. Definitions Colourbond Steel means corrugated metal that has been treated by the process commonly known as "colourbonding" or any other similar factory pre-coated process. Approved by Tamworth Regional Council General Manager/Authorised Person

54 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 4 of 7 Sheets) PLAN: DP Full name and address ofregistered Proprietor of the land Full name of Mortgagee: Plan of Subdivision of Lot 203 in DP in the Parish ofwoolomol, County of IngUs covered by Council's Subdivision Certificate No. Kode Holdings Pty Limited 21 Supply Road Lane BENTLEY PARK QLD 4869 Westpac Banking Corporation Dwelling means a room or suite of rooms occupied or used or so constructed, designed or adapted as to be capable ofbeing occupied or used as a separate domicile. Dwelling House means a single building containingone but notmore than one Dwelling. Single Storey Dwelling House means a Dwelling House that is comprised ofone level or split levels only where the floor is no more than one (1) metre above natural ground level at any point. Structure means a structure ofa temporary character or nature, which is intended for habitation including, but withoutlimitingthe generality thereof, any tent, shed, shackor garage. The Range means following approved tile and colourbond range:- CSI Monier (concrete) Midnight Bronze Potash Charbrown Cottage Grey Chestnut Gunmetal Chocolate Nutmeg Forest Boral (concrete) Dusk Grey Ebony Slate Manganese Caulfield Green CSR Wunderlich (terracotta) Charcoal Storm Grey Chocolate Charcoal Grey Autumn Tan Midnight Blue Platinum Heritage Green Welsh Black Pioneer (concrete) Ebony Phoenix Charcoal Slate Granite Onyx Earth Mission Winchester Boral Montoro (terracotta) Ebony Slate Grey Approved by Tamworth Regional Council General Manager/Authorised Person

55 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OFTHE CONVEYANCING ACT 1919 (Sheet 5 of 7 Sheets) PLAN: DP Full name and address of Registered Proprietor of the land Full name ofmortgagee: Plan of Subdivision of Lot 203 in DP in the Parish ofwoolomol, County of Inglis covered by Council's Subdivision Certificate No. Kode Holdings pty Limited 21 Supply Road Lane BENTLEY PARK QLD 4869 Westpac Banking Corporation Slate Grey Burgundy Silver Grey Bohemia Brown Pottery Brown Mocca Mahogany Rhapsody Kentucky and/or any ofthe colours above, ifavailable, in Colourbond Steel. Mahogany Burgundy Terms ofthe Restrictions on the Use ofland I. No Dwelling or DwellingHouse shall be erected orpermitted to remain on the Lot burdened uniess:- 1.1 the Living Area, excluding any garage, carport, patio or verandah, is equal or greater than 150 square metres; and 1.2 it is ofa Single Storey Dwelling House construction 2. Notmore thanone DwellingHouse shall be erected on the Lot burdened. 3. No mobile or transportable homes shall be erected on or moved to any lot burdened. 4. No shed shall be erected on the lot burdened having a floor area greater than 100m2, height exceeding 3.0 metres from eaves to natural surface and constructed ofmaterials other thantimber, brick or colourbond pressed metal steel. 5. No motor truck, lorry or semi-trailer with a load carrying capacity exceeding five (5) tonnes tare weight shall be parked nor shall itbe permitted to remain on any lot burdened unless the same is used in connection with the erection ofa 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 Approved by Tamworth Regional Council General Manager/Authorised Person

56 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 6 of7 Sheets) PLAN: DP Full name and address ofregistered Proprietor of the land Full name of Mortgagee: Plan ofsubdivision of Lot 203 in DP in the Parish ofwoolomol, County oflnglis covered by Council's Subdivision Certificate No. Kode Holdings Pty Limited 21 Supply Road Lane BENTLEYPARK QLD 4869 Westpac Banking Corporation 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 machinery or rubbish may be stored on the Land unless in a shed or outbuilding erected on the Land. 10. No structures shall be erected or installed on any building on the Land in the nature ofaerials, solar hot water panels, communication dishes or air conditioning or cooling plant unless same is aesthetically screened from any roadway abutting the Land. 11. No excavationmaterials, rubbish, or builders' waste may be stored other than in a bin or screened enclosure to prevent distribution by the wind, water or other 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 with the consent ofkode Holdings Pty Limited whilst ever it owns any lot or any part ofa lot in the registered plan pursuant to which these restrictions were created and thereafter by the registered proprietors of the lots benefited by these restrictions PROVIDED that after a period oftwentyyears (20) from the date ofregistration ofthis Plan ofsubdivisionthese restrictions shall ceaseto apply to any Lotburdened. EXECUTED BY KODE HOLDINGS PTY LIMITED ACN By its authorised officers pursuant to s127 ofthe Corporations Act 2001 ) ) ) ). Approved by Tamworth Regional Council General Manager/Authorised Person

57 INSTRUMENT SETTING OUT TERMS OF EASEMENTS AND RESTRICTIONS ON THE USE OF LAND INTENDED TO BE CREATED PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919 (Sheet 7 of7 Sheets) PLAN: DP Full name and address ofregistered Proprietor of the land Full name of Mortgagee: Plan ofsubdivision oflat 203 in DP in the Parish of Woolomol, County oflnglis covered by Council's Subdivision Certificate No. Kode Holdings Pty Limited 21 Supply Road Lane BENTLEY PARK QLD 4869 Westpac Banking Corporation EXECUTED FOR AND ON BEHALF OF TAMWORTH REGIONAL COUNCIL By its authorised officers:- ) ). ) EXECUTED FORAND BEHALF OF WESTPAC BANKING CORPORATION: Approved by Tamworth Regional Council General Manager/Authorised Person

58 Certificate No: Receipt No: Date: Applicants Ref: Robert Locke Solicitor DX 6140 TAMWORTH NSW Land: PC October 2009 RM~~1 ~ PLANNING CERTIFICATE ~ I'\. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 19~;Y <i@> Applicant: Owner (as recorded by CO&Ci/): '.; <t>;" J:: 'tv. Ib Kode Holdings Pty Limited,,_. :P'~ <~'" 21 Supply Road "" ~ ~~:;») EDMONTON OLD 4869 ". j-f "' Forest Road MOORE CREEK NSW 2340 Lot~P This certificate is provided pursuant to Section 149(2) of the Act. At the date of this certificate, the subject land is affected by the following matters. Zoning and land use under relevant LEPs 1(e) (Hobby Farms Zone) Parry Local Environmental Plan 1987, as amended. The Plan was gazetted on 16 October, The extract trom the relevant local environmental plan is the development control table for the zone. It sets out the zone objectives and development which is allowed without development consent; development only allowed with development consent; and development which is prohibited; as it relates to the land the subject of this certificate. 2. The relevant local environmental plan identifies certain land upon which heritage items or archaeological sites are situated. A specific clause of the Plan requires Council take into consideration the 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 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 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 ofrelevant State Environmental PlannIng Policies The following State Environmental Planning Policies apply to the subject land. Copies may be obtained from 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: PO Box 555 (DX 6125) Facsimile: Tamworth NSW Tamworth Countrv Music Festival Januar1l2010- trc@tamworth.nsw.g

59 State Environmental Planning Policy No Rural landsharing Communities 10. State Environmental Planning Policy No Caravan Parks 11. State Environmental Planning Policy No Shops and Commercial Premises '12. State Environmental Planning Policy No Offensive or Hazardous Industry 13. State Environmental Pianning Policy No Manufactured Home Estates 14. State Environmental Planning Policy No Koala Habitat 15. State Environmental Planning Policy No.55 - Remediation of land 16. State Environmental Planning Policy No Exempt & Complying Development 17. Slate Environmenlal Pianning Policy No Advertising and Signage 18. State Environmental Planning Policy (Building Sustainability Index: BASIX) State Environmental Planning Policy (Housing for Seniors of People with a Disability) State Environmental Planning Policy (Infrastructure) State Environmental Planning Policy (Major Development) State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) State Environmental Planning Policy (Rural lands) State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) Draft State Environmental Planning Policy - (Application of Development Standards) State Environmental Planning Policy (Exempt & Complying Development) State Environmental Planning Policy (Affordable Rental Housing) 2009 Names ofrelevant 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 Complying Development General Housing Code 35. 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 in clause Housing Internal Alterations Code 36. Complying Development under the State Environmental Plannin9 Policy (Exempt & Complying Development Code) 2008 : Housing Internal Alterations Code is not prevented by a land exemption specified in clause General Commercial and Industrial Code 37. Complying Development under the State Environmental Planning Policy (Exempt & Complying Development Code) 2008 : General Commercial and Industrial Code is not prevented by a land exemption specified in ciause 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 of the Mine Subsidence Compensation Act 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.

60 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 it has 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 of land slip, bushfire, tidal inundation, subsidence or any other risk (other than fiooding) unless it has been 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. Landreserved for acquisition 44. There are no environmental planning instruments applying to the land which provide for the acquisition of 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 This Pian seeks contributions toward a range of public facilities to cater for the demand generated from the projected 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. -:;+-- "',... ~'. ',.,~,., "' I. " Ca Team Leader Development

61 Zone No. 1(c) (Hobby Farms Zone) Parry local Environmental Plan Objectives of zone The objectives of this zone are: (a) to enable development for the purposes of hobby farms and other less intensive small rural holding activities to be carried out on land which is suitable for those purposes and accessible to existing urban centres and services, (a 1) to enable intensive rural residential development to be carried out on land which is 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 of allotment sizes, (b) to encourage the planning of the size and shape of hobby farms and small rural holdings with regard to views, soils, topography, vegetation, winds and the location of services, (c) to ensure that development maintains and contributes to the rural character of the locality and minimises disturbances to the landscape and to agricultural productivity, (d) to penmit development of hobby farms accessible'to existing urban centres and services, and (e) to enable other forms of development to be carried out on land within the zone if it is in keeping with the rural character of the locality and is compatible or associated with the use of existing orlikely future holdings. 2 Without development consent Agriculture (other than animal boarding, breeding or training establishments, pig keeping, 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 repair stations; child care centres; clubs; cluster developments; commercial premises; commercial veterinary establishments; educational establishments; forestry; garbage disposal 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 keeping establishments; 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

62 plant nurseries; roadside stalls; sawmills; service stations; subdivision proposals for the creation of 7 or more lots; taverns; timber yards; tourist facilities; transport terminal; units for aged persons; warehouses. 5 Prohibited Cattle feed lots; commercial premises; motor showrooms; piggeries of more than 50 sows; residential buildings (other than dwelling-houses and units for aged persons); shops (other than general stores).

63 Zone No. 1(r) (Rural Living Zone) Draft Parry Local Environmental Plan Rural Living Zone Note: The rural living zone is the area set aside for rural residential living opportunities. This zone is similar to a residential zone as the main 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: (a) (b) (c) (d) vegetation, (e) (f) (g) (2) (3) nt allowed only with development consent: her than a purpose included in item 2 or 4. (4) lopment which is prohibited: Abattoirs; airports; airport related land uses; animal establishments; boarding houses; brothels; bulky goods sales or showrooms; bus depots; bus stations; car repair stations; commercial premises; convenience stores; depots; extractive industries; forestry; generating works; health consulting rooms; helipads; heliports; hospitals; hotels; housing for aged and disabled persons; industries; intensive animal establishments;

64 institutions; liquid fuel depots; manufactured home estates; materials recycling yards; medical centres; mines; motels; motor showrooms; multiple dwellings; offensive storage establishments; offensive industries; passenger transport terminals; places of assembly; places of worship; recreation facilities; restaurants; registered clubs; restricted premises; road transport terminals; rural industries; rural workers dwellings; sawmills; service stations; shops; showgrounds; stock and sale yards; transport terminals; vehicle body repair workshops; vehicle repair stations; warehous distribution centres; waste disposal depots. (5) Subdivision of Land (a) The Council is not to grant consent to subdivide land proposed allotment will ha' hectares. (b) Despite subclause ~~"c the C '1 may consent to an application for.con\~~subdi"'. of land within. Zone No. l(r) that will cre,anwa31l;.tment..ilotments having an ~.. K.\ '_~ area of less than 40 H(~ares,~r,e,: (i.) the Ig,g.g the subl't~he'~lication has an area of noti~' ;, 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 development sta " '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 a minim'urn lot size of 4,000 m 2 only if the lots are to be connected to a reticulated town water and sewerage supply. (d) In determining an application for development consent as referred to in subclause (b), the Council is to have regard to an environmental impact report (prepared by the applicant) which must cover the matters listed in Schedule 4 and must accompany the development application. (e) In preparing the report referred to in subclause (d), the applicant is to consult the Council and have regard to any

65 requirements notified in writing by the Council in respect of the form and content of the report. (f) The Council is not to consent to an application for development consent as referred to in subclause (b), if that consent would permit the creation pursuant to that subclause, in any 5 year period of a total number of allotments in excess of the number specified for the purpose of this clause in a written order of the Director. (g) Council shall not consent to furthe~ "~ral residential subdivision of any land within the Moor~~eek locality (as defined by the Geographic Names Boa.r]%~I!f1less it is satisfied that the subdivision will not compr_o,,~j:le priority release area as identified by the area "Hill~Clin ':;;'" hatched on the map. (6) Dwelling House provision the following (7)... " (.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 existing (d) (e) (f) (g) dwelling house; Access to both dwellings is limited to one driveway; Only one electricity line and meter on the property; Ensure that the location of new dwellings minimises the removal of trees or vegetation and minimises site disturbance; and Require at least 1 hectare of land for each dwelling in order to enable an effective area for on site effluent disposal.

66 Note: Detailed guidelines for dual occupancy development in the rural living zone can be found in the Rural living Zone Development control nlan which is to be oreoared.

67 Dwellings on vacant land in zone 1(a), 1(b), 1(c) or 1(f) Parry Local Environmental Plan 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 to which 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 being used for the purpose for which, according to the subdivision register kept by the Council, it was created, (c) comprises an existing holding on which a dwelling-house could have been lawfully erected immediately before the appointed day, (d) comprises an allotment created by a subdivision to which the consent of the Council 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 the Council was granted on or after the appointed day and before this plan takes effect and on which a dwelling-house could have been lawfully erected before 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 to which this clause applies where that land, before a subdivision lawfully approved by the Council under the law as in force at the time of the subdivision, had been part of an existing holding on which a dwelling-house could lawfully have been erected under the law then in force, even though the size of the allotment is less than the minimum size otherwise required by this clause. (3) Subject to clause 21, nothing shall prevent the erection of a dwelling-house on land on which another dwelling-house which was lawfully erected is situated, where the dwelling-house is intended to replace the other dwelling-house and is not occupied until the other dwelling-house is demolished or its occupation has permanently ceased.

68 (4) Notwithstanding subclause (2), the Council shall not consent to the erection of a dwelling-house on an existing holding which complies with the provisions of subclause 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 the effective on-site disposal of domestic waste, and (h) the erection of a dwelling-house will not create or increase any demand for the uneconomic provision or upgrading of roads or other utility services to that land.

69 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 a particular zone. Other uses may be provided for elsewhere in this Plan or in other planning instruments such as the State Environmental Planning Policy (Infrastructure) 2007 and the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Zone R2 Low Density Residential 1 Objectives ofzone To provide for the housing needs ofthe community 'll'itlin a low density residential environment. ~~.J To enable other land uses that provide facilities<tl ces to meet the day to day needs ofresidents. () 2 Permitted without consent // V Environmental protection works; HOm~~\ ~~1fJld care; Home occupations; Roads SJ,,,..., 3 Permitted with consent Bed and breakfast accommod~ ~elling houses; Group homes; Health consulting rooms' Ho'in~)industry; Neighbourhood shops; Secondary dwellings; 1~~; Any development not specified in item 2 or 4 'S< 4 Prohibited ~ Advertisintis'~~s; Air transport facilities; Amusement centres; Agricult~; 'B6'at repair facilities; Boat sheds; Bulky goods premis~; "B~l ess premises; Caravan parks; Cemeteries; Charter and~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 accommodation; Restricted premises; Rural industries; Retail./ premises; Rural supplies; Service stations; Sex services premises; Storage premises; Timber and building supplies; Tourist and visitor accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Waste or resource management facilities; Water recreation structures; Wholesale supplies X;