Title Reference COMMON PROPERTY OF THE SUMMIT - HOUSE LOTS COMMUNITY TITLE SCHEME HERBERT

Transcription

1 QUEENSLAND TITLES REGISTRY GENERAL REQUEST Form 14 Version 4 Land Title Act 1994, Land Act 1994 and Water Act 2000 Duty Imprint Page 1 of 1 Dealing Number OFFICE USE ONLY Privacy Statement Collection of information from this form is authorised by legislation and is used to maintain publicly searchable records. For more information, see the Department's website. 1. Nature of request REQUEST TO RECORD NEW COMMUNITY MANAGEMENT STATEMENT FOR THE SUMMIT HOUSE LOTS CTS Lodger (Name, address, & phone number) PROPERTY & DEVELOPMENT LAW PO BOX 1344 AIRLIE BEACH QLD 4802 TEL: ENQUIRY@PDLAW.COM.AU Lodger Code Lot on Plan Description County Parish Title Reference COMMON PROPERTY OF THE SUMMIT - HOUSE LOTS COMMUNITY TITLE SCHEME HERBERT CONWAY Registered Proprietor/State Lessee BODY CORPORATE FOR THE SUMMIT- HOUSE LOTS CTS Interest FEE SIMPLE 5. Applicant BODY CORPORATE FOR THE SUMMIT- HOUSE LOTS CTS Request I hereby request that: the new CMS deposited herewith which amends Schedules A, B, C and D of the existing CMS be recorded as the CMS for the Summit House Lots CTS Execution by applicant / /... Execution Date Applicant's or Solicitor's Signature Note: A Solicitor is required to print full name if signing on behalf of the Applicant

2 QUEENSLAND TITLES REGISTRY FIRST/NEW COMMUNITY MANAGEMENT STATEMENT CMS Version 3 Body Corporate and Community Management Act 1997 Page 1 of 53 THIS STATEMENT MUST BE LODGED TOGETHER WITH A FORM 14 GENERAL REQUEST AND IN THE CASE OF A NEW STATEMENT MUST BE LODGED WITHIN THREE (3) MONTHS OF THE DATE OF CONSENT BY THE BODY CORPORATE Office use only CMS LABEL NUMBER 1. Name of community titles scheme THE SUMMIT HOUSE LOTS COMMUNITY TITLES SCHEME This statement incorporates and must include the following: Schedule A - Schedule of lot entitlements Schedule B - Explanation of development of scheme land Schedule C - By-laws Schedule D - Any other details Schedule E - Allocation of exclusive use areas 2. Regulation module STANDARD MODULE 3. Name of body corporate BODY CORPORATE FOR THE SUMMIT HOUSE LOTS COMMUNITY TITLES SCHEME Scheme land Lot on Plan Description SEE ENLARGED PANEL County Parish Title Reference 5. # Name and address of original owner NOT APPLICABLE 6. Reference to plan lodged with this statement SP # first community management statement only 7. Local Government community management statement notation Not applicable pursuant to section 60(6) of the Body Corporate and Community Management Act signed... name and designation... name of Local Government 8. Execution by original owner/consent of body corporate.. Chairperson / /... Execution Date Committee Member / Secretary Body Corporate for The Summit House Lots CTS *Execution *Original owner to execute for a first community management statement *Body corporate to execute for a new community management statement Privacy Statement Collection of this information is authorised by the Body Corporate and Community Management Act 1997 and is used to maintain the publicly searchable registers in the land registry. For more information about privacy in DNRM see the department's website.

3 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of Scheme land Lot on Plan Description County Parish Title Reference Common Property of The Summit - House Lots community titles scheme Herbert Conway Lot 1 on SP Herbert Conway Lot 2 on SP Herbert Conway Lot 3 on SP Herbert Conway Lot 4 on SP Herbert Conway Lot 5 on SP Herbert Conway Lot 6 on SP Herbert Conway Lot 7 on SP Herbert Conway Lot 8 on SP Herbert Conway Lot 9 on SP Herbert Conway Lot 10 on SP Herbert Conway Lot 11 on SP Herbert Conway Lot 12 on SP Herbert Conway Lot 13 on SP Herbert Conway Lot 14 on SP Herbert Conway Lot 15 on SP Herbert Conway Lot 16 on SP Herbert Conway Lot 17 on SP Herbert Conway Lot 18 on SP Herbert Conway Lot 19 on SP Herbert Conway Lot 20 on SP Herbert Conway Lot 21 on SP Herbert Conway Lot 22 on SP Herbert Conway Lot 23 on SP Herbert Conway Lot 24 on SP Herbert Conway Lot 25 on SP Herbert Conway Lot 26 on SP Herbert Conway Lot 27 on SP Herbert Conway Lot 28 on SP Herbert Conway Lot 29 on SP Herbert Conway Lot 30 on SP Herbert Conway Lot 31 on SP Herbert Conway Lot 32 on SP Herbert Conway Lot 33 on SP Herbert Conway Lot 34 on SP Herbert Conway Lot 35 on SP Herbert Conway Lot 36 on SP Herbert Conway Lot 37 on SP Herbert Conway Lot 38 on SP Herbert Conway Lot 39 on SP Herbert Conway Lot 59 on SP Herbert Conway Lot 60 on SP Herbert Conway Lot 61 on SP Herbert Conway Lot 62 on SP Herbert Conway Lot 63 on SP Herbert Conway Lot 64 on SP Herbert Conway

4 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 3 of 55 Lot 65 on SP Herbert Conway Lot 66 on SP Herbert Conway Lot 67 on SP Herbert Conway Lot 68 on SP Herbert Conway Lot 69 on SP Herbert Conway Lot 70 on SP Herbert Conway Lot 71 on SP Herbert Conway Lot 72 on SP Herbert Conway Lot 73 on SP Herbert Conway Lot 74 on SP Herbert Conway Lot 75 on SP Herbert Conway Lot 76 on SP Herbert Conway Lot 77 on SP Herbert Conway Lot 78 on SP Herbert Conway Lot 79 on SP Herbert Conway Lot 80 on SP Herbert Conway Lot 81 on SP Herbert Conway Lot 81 on SP Herbert Conway Lot 82 on SP Herbert Conway Lot 83 on SP Herbert Conway Lot 84 on SP Herbert Conway Lot 85 on SP Herbert Conway Lot 86 on SP Herbert Conway SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS Lot on Plan Contribution Interest Lot 1 on SP Lot 2 on SP Lot 3 on SP Lot 4 on SP Lot 5 on SP Lot 6 on SP Lot 7 on SP Lot 8 on SP Lot 9 on SP Lot 10 on SP Lot 11 on SP Lot 12 on SP Lot 13 on SP Lot 14 on SP Lot 15 on SP Lot 16 on SP Lot 17 on SP Lot 18 on SP Lot 19 on SP

5 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 4 of 55 Lot 20 on SP Lot 21 on SP Lot 22 on SP Lot 23 on SP Lot 24 on SP Lot 25 on SP Lot 26 on SP Lot 27 on SP Lot 28 on SP Lot 29 on SP Lot 30 on SP Lot 31 on SP Lot 32 on SP Lot 33 on SP Lot 34 on SP Lot 35 on SP Lot 36 on SP Lot 37 on SP Lot 38 on SP Lot 39 on SP Lot 59 on SP Lot 60 on SP Lot 61 on SP Lot 62 on SP Lot 63 on SP Lot 64 on SP Lot 65 on SP Lot 66 on SP Lot 67 on SP Lot 68 on SP Lot 69 on SP Lot 70 on SP Lot 71 on SP Lot 72 on SP Lot 73 on SP Lot 74 on SP Lot 75 on SP Lot 76 on SP Lot 77 on SP Lot 78 on SP Lot 79 on SP Lot 80 on SP Lot 81 on SP Lot 82 on SP

6 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 5 of 55 Lot 83 on SP Lot 84 on SP Lot 85 on SP Lot 86 on SP TOTALS SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND 1. Proposed Development a. This scheme is intended to form part of a layered arrangement of community titles schemes. b. The Summit Airlie Beach community titles scheme will be the principal scheme. c. This scheme will be developed progressively by the addition of part of the development land or scheme land of the principal scheme illustrated on the concept plan as house lots and the use of standard format plansto create lots and common property as illustrated on the concept plan. The concept plan is only illustrative and does not fix the locations of any internal or external boundaries of any part of the scheme land; d. the original owner may from time to time, at its discretion, add parts of the development land as scheme land as contemplated in this schedule; e. the original owner may remove any undeveloped lot owned by the original owner from the scheme at any time; f. common property may be removed from the scheme in accordance with the Body Corporate and Community Management Act 1997 and the Body Corporate and Community Management (Standard Module) Regulation 1997; and g. lots in the scheme may be amalgamated with other lots in the scheme from time to time. h. The contribution schedule lot entitlements of each lot in the scheme will be 10 based on the equality principle and the interest schedule lot entitlement of each lot in the scheme will be reflective of the market value of that lot relative to the market value of all other lots in the scheme. i. The original owner may from time to time, at its discretion, decide not to add all or any part of the development land to the scheme and may make changes to: 2. Interpretation i. the timing, plans of subdivision and nature of subdivision of development land, and this scheme; ii. the configuration, number, type and staging of lots within this scheme; iii. the configuration, size and location of the common property; iv. the size and location of roads; v. the size and location of recreational parkland; vi. the name of the principal scheme and this scheme; and vii. this community management statement and this scheme. All the words used in this schedule that have a defined meaning under the Body Corporate and Community Management Act 1997 will have that same meaning when used in this schedule unless expressly stated in this schedule to the contrary. Reference to original owner is a reference to the original owner as defined in the Body Corporate and Community Management Act 1997 and to any other legal entity nominated by that original owner from time to time. The development land means land described as Lot 9 on SP , Lot 10 on SP , Lot 164 on RP732398,

7 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 6 of 55 Lot 1 on RP and Lot 100 on SP in the County of Herbert, Parish of Conway which will vary from time to time as all or part of that land is intended to be included in the scheme land for the principal scheme or this the scheme land for this scheme. 3. Design and Landscape Code The design and landscape code contained in schedule D may be amended by the original owner from time to time. SCHEDULE C BY-LAWS 1. Use of Lots All lots are to be used for residential purposes in accordance with this community management statement and planning approvals issued by any statutory authority. 2. No Illegal Use An owner or occupier must not use any lot or any part of the common property or maintained areas for any purpose which may be illegal or injurious to the reputation of the scheme; 3. Cleanliness An owner or occupier of a lot must keep the lot in a clean and tidy condition at all times. 4. Maintenance of Lots - An owner or occupier of a lot will be responsible for the proper maintenance, decoration and presentation of their lot, maintain in good condition and repair any improvements constructed or installed on the lot, maintain the interior of his lot in a clean condition and take all practical steps to prevent infestation by vermin and/or insects 5. Appearance of Lots An owner or occupier of a lot must not hang washing, towels, bedding, clothing or any other article or display any sign, advertisement, placard, banner, pamphlet or like matter on the common property or on any part of a lot so that it is visible from the outside of the lot or in any way change the external appearance of a lot or any improvements on a lot, without the prior consent of the committee. 6. Garbage disposal - Garbage bins must be stored where they are not visible from outside the lot, must be emptied on a regular basis and must be returned to their receptacles within 24 hours after being emptied. 7. Damage to Common Property An owner or occupier must not mark, paint, drive nails or screws or the like into or otherwise damage or deface any part of the common property or maintained areas or damage any lawn, garden, tree, shrub, plant or flower situated on any part of the common property or maintained areas without the consent in writing of the committee. If an owner or occupier damages the common property or maintained areas, the body corporate may repair the damage and recover its repair costs from the owner or occupier as a liquidated debt. 8. Auction sales prohibited subject to the provisions of the Act an owner or occupier may not conduct or permit any auction sale to be conducted from the owners or occupiers lot or on the common property or maintained areas without the prior written consent of the committee. 9. Tradesmen - An owner or occupier of a lot must not directly instruct any contractors or workmen employed by the body corporate unless authorized to do so. 10. Gardens and Plants - An owner or occupier must not damage or remove any garden, plant or part of a plant on the common property or maintained areas, without the written consent of the committee. This by-law does not affect the right (if any) of an occupier with the exclusive use of any area to garden in that area. 11. Structures - Subject to any law, an owner or occupier must not alter, operate, damage or deface any structure on or that forms a part of the common property or maintained area without the written consent of the committee. 12. Rubbish - An owner or occupier must not put any rubbish, dirt or other offensive material on the common property and must dispose directly of any rubbish generated within that owner s or occupier s lot. 13. Obstruction - An owner or occupier must not obstruct lawful use of the common property or the maintained areas by another person. 14. Noise - An occupier must not make or allow any noise in a lot, on the common property or in any mainland area that would unreasonably interfere with the enjoyment by others of a lot, common property or maintained area. If noise is unavoidable then the occupier must strive to minimise the noise. 15. Visitors - Occupiers must make sure their visitors, employees, agents and contractors comply with these by-laws and this community management statement and must compensate the body corporate for any damage that a visitor

8 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 7 of 55 to the occupier causes to common property or assets. 16. Notice of accidents - An owner or occupier involved in an accident on common property or maintained areas must notify the body corporate promptly of the accident and give a reasonably detailed description of the circumstances. 17. Original Owner s rights - Despite anything else in these by-laws, the original owner may undertake works on the scheme land necessary to assist in the completion of the development, including excavation, general earthworks, the installation of drainage, utility services, and irrigation, enter onto any lot or common property with any vehicles, workers, or equipment to undertake those works and bring heavy earth moving equipment onto the common property from time to time in order to complete the development. 18. Marketing Rights - Despite anything else in these by-laws, the original owner may use any lot, or permit any lot to be used, for the purposes of a display home, erect signage, or permit signage to be erected, on any lot owned by the original owner or common property and may use reasonable methods in selling and marketing any lots in any subsidiary scheme. 19. Parking - Vehicles, trailer, boats and caravans must not be parked on parts of lots other than garages, driveways or parking areas. Unless permitted under a by-law, an owner or occupier must not park or stand a vehicle or equipment on the common property or maintained areas. Areas of the common property constructed as car parks may be used for visitor parking but owners and occupiers must not park on those areas. No person, apart from the original owner, may bring a vehicle heavier than 2 tonnes onto the scheme land, without the consent of the committee. 20. Inspection of lots upon one days notice in writing the committee or any person authorized by the committee may inspect the interior of any lot and test any electrical, gas or water installation or equipment on that lot and trace and repair any leakage or defect in such installations or equipment at the expense of the owner or occupier. In exercising this right the committee must ensure that persons authorized by it to enter a lot cause as little inconvenience to the owner or occupier as is reasonable in the circumstances. 21. Notice to Maintain If an owner or occupier fails to comply with the preceding by-law the committee may give written notice to an owner or occupier specifying the maintenance and/or repair the committee requires the owner or occupier to carry out and if such notice has not been complied with to the reasonable satisfaction of the committee within 14 days of the date of that notice, the committee may, in its absolute discretion, cause the maintenance and/or repair be carried out and the owner or occupier (as the case may be) will pay to the body corporate, on demand, as a liquidated debt, the costs incurred or payable by the body corporate in that regard. An owner or occupier of a lot will allow the committee and the servants and contractors of the body corporate access to the lot and the improvements at all reasonable times for the purpose of inspection and carrying out works under this by-law provided that the committee gives the owner or occupier reasonable notice of its intention to enter upon the lot and improvements and carry out works under this by-law. For the purpose of this by-law lot includes any area the subject of an exclusive use by-law and any lot and improvement contained in a subsidiary scheme. The committee may require the body corporate of the subsidiary scheme in which the relevant lot is contained to carry out the obligations of the owner of the lot under this by-law. 22. Notice of damage Owners and occupiers must promptly notify the body corporate of any damage to or defect in water or gas pipes, electrical cables, service cables and other fixtures. 23. Flammable Liquids - Occupiers must store and use flammable liquids or materials in their lots in accordance with best practice. 24. Appearance of buildings on Lots - An owner or occupier may only make a significant alteration to the exterior of a completed building or other improvement on a lot only if the owner or occupier first obtains the consent of the Design Assessment Panel constituted under the code 25. Animals The principal scheme and parts of the scheme are adjacent to Conway National Park. Domestic animals are a threat to native fauna that use the National Park and its surrounding areas as their natural habitat. In particular, cats are a threat to the endangered Proserpine Rock Wallaby. Accordingly cats are not permitted on the scheme land and no owner or occupier is entitled to keep a cat in their lot. Dogs will be permitted but must be either kept in enclosures that comply with the architect and design code in the community management statement for the principal scheme or, if outside of that enclosure must be kept on a leash and appropriately restrained. Owners and occupiers must clean and remove any mess left on common property or maintained areas by an animal under their control. The committee may remove an animal from the scheme land or the maintained areas if the animal is not permitted on the scheme land or is disturbing others, in the committee s opinion.

9 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 8 of Recovery of legal costs - If the body corporate takes legal action to recover levies then the owner or occupier against whom the legal action is taken must pay the body corporate s legal costs and expenses on a solicitor and own client basis. If the body corporate incurs costs or expenses because an owner or occupier does not pay an amount due to the body corporate or breaches these by-laws, the Act or the Regulation, the owner or occupier must pay the body corporate those costs or expenses within seven days of the body corporate demanding payment, as a liquidated debt due to the body corporate. 27. Compliance with laws Owners and occupiers must comply with all laws and the requirements of all relevant authorities, including any water management plan that applies to the development. 28. Antenna - No television, radio or other electronic antenna or device of any type may be erected, constructed or placed or permitted to remain on any lot or on the common property unless and until the same has been approved in writing by the committee or unless the same is contained within a lot and not visible from the exterior of such lot. 29. Copies of by-laws - The owner of a Lot must give a copy of these by-laws to any other occupier of a lot. 30. Rules - The Committee may make rules relating to the common property and in particular in relation to the use of any improvements on the common property including recreation areas and other facilities, not inconsistent with these by-laws and the same must be observed by the owners or occupiers of lots unless and until they are disallowed or revoked by a majority resolution at a general meeting of the body corporate. 31. Agreements by the Body Corporate Owners and occupiers must comply with all agreements entered into by the body corporate, as far as these are relevant and must not do anything that might cause the body corporate to be in breach of any agreement. 32. GST - Unless otherwise expressly stated, sums payable or consideration to be provided under or in accordance with these by-laws are exclusive of GST. If any party is liable to pay GST on any supply made by it under these bylaws and agrees to issue a valid tax invoice to the recipient within 7 days of the due date for payment for the supply, then the recipient agrees to pay to the supplier an additional amount equal to the consideration payable for the supply multiplied by the prevailing GST rate. Notwithstanding any other provision in this community management statement to the contrary, this by-law will survive termination of this community management statement. GST and other terms used in this by-law have the definitions provided in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth, or Acts in substitution for them. 33. Supply of Services by the Body Corporate - The Body Corporate may purchase services in bulk (as cheaply as possible) for the whole of scheme and sell services to occupiers. The body corporate may supply electricity or other utility services for the benefit of owners and occupiers and in such case this by-law will apply. (a) (b) (c) (d) (e) (f) (g) The body corporate may purchase reticulated electricity or other services on the most economical basis for the whole of the scheme land from the relevant authority. The body corporate may sell reticulated electricity or other services to occupiers provided that occupiers are not compelled to buy electricity or other services from the body corporate. The body corporate is not required to supply to any occupier electricity or other service requirements beyond those requirements that the relevant authority could supply at any particular time. Insofar as it is lawful, the price to be charged by the body corporate to an occupier for the supply of reticulated electricity or other service will be the total of the price paid by the body corporate for the electricity or the other service and any additional cost incurred by the body corporate reading meters and issuing accounts and doing other things required for the supply of the electricity or other service. The body corporate may render accounts to an occupier supplied with electricity or other services under this by-law and such accounts are payable to the body corporate within 14 days of delivery of such accounts. In respect of an account that has been rendered pursuant to these by-laws, the occupier is liable, jointly and severally with any person who was liable to pay that electricity or other service account when that occupier became the occupier of that lot. In the event that a proper account for the supply of reticulated electricity or other service is not paid by its due date for payment, then the body corporate is entitled to recover the amount of the unpaid account or accounts (whether or not a formal demand has been made) as a liquidated debt due to it in any court of

10 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 9 of 55 competent jurisdiction; and/ or disconnect the supply of reticulated electricity or other service to the relevant lot. (h) (i) The body corporate is not, under any circumstances whatsoever, responsible or liable for any failure of the supply of electricity or other service due to break downs, repairs, maintenance, strikes, accidents or causes of any class or description. The body corporate may, from time to time, determine a security deposit to be paid by each occupier who is entitled to the supply of the reticulated electricity or other service as a guarantee against non-payment of accounts for the supply of reticulated electricity or other service. In this by-law, references to the body corporate include any person engaged by the body corporate to supply the services. 34. Payment of accounts - The body corporate may issue accounts for services supplied at the intervals it decides are appropriate and accounts must be paid within 14 days. If the owner of a lot is not the occupier of the lot then the owner is jointly and severally liable with the occupier for payment of accounts for services supplied to the lot. If accounts are not paid on the due date then the amount outstanding (including any interest accruing from day to day) is subject to interest at the rate of 20% per annum and an account is taken not to be paid until any interest is also paid and the body corporate may sue the person liable for payment of the account as a liquidated debt and the body corporate may disconnect or discontinue the supply of the service to the relevant lot until the amount outstanding is paid. 35. Separate meters - The body corporate must devise a method of calculating how much of each service a particular occupier has used and the owner must pay for that share of service used. In relation to water supplied the body corporate will charge for water consumption, including consumption on common property, proportionately among the owners according to the contribution schedule lot entitlement for each lot. The body corporate reserves the right to charge an owner directly, using a fair method of calculating how much water the lot owner or occupier has used, for water consumed on their lot for filling of swimming pools, ponds and any other water intensive use. 36. Limit on liability of Body Corporate - The body corporate does not have to supply services beyond the extent that the relevant services supplier could supply at any time and is not liable for damage or loss suffered to persons or property because of a failure of the supply of the service whether caused by the body corporate, its servants and agents, or any other person and through any cause whatsoever, including negligence. Control of the systems used to supply services is the responsibility of the committee and the committee may employ servants or agents to operate the services. The committee may exercise the powers of the body corporate under this by-law. 37. Transferee of Lot liable for accounts The transferee of a lot is liable for unpaid accounts for services supplied to that lot. The body corporate must, if asked, disclose the amount of outstanding services accounts for a lot to a proposed transferee of that lot. The transferee must have the written authority of the owner of the relevant lot. 38. Right of Occupiers not to take Services - Nothing in this by-law obliges an occupier to buy services from the body corporate. If the body corporate supplies services to an occupier, the body corporate and the occupier must enter into an agreement about that supply. 39. Restricted Access Areas - Any areas of the common property used for any electrical substations, switch-rooms, or control panels, fire service control panels, telephone exchanges; and other services to the Lots and common property (or either of them) may be kept locked by the committee (or its appointed representative) unless otherwise required by law. Persons may not enter or open such locked areas without the prior consent of the committee. The committee may use appropriate areas of the common property to store plant and equipment used for the performance of the body corporate s duties in respect of the common property. Any such areas may be locked and access is prohibited without the prior consent of the committee. 40. Retaining Walls (a) (b) The principal scheme body corporate must, at its cost, keep all retaining walls and batters constructed by the original owner on the high side of any road adjoining scheme land and the landscape surrounding those retaining walls and batters in good condition and repair and landscape those parts of the scheme land and lots within the scheme between those retaining walls and batters and any dedicated road or common property. An owner or occupier of a lot will allow the principal scheme committee and the servants and contractors of the principal scheme body corporate, access to the lot at all reasonable times for the purpose of giving effect the obligations of the principal scheme body corporate under this by-law. The owner of a lot must at the owner s cost keep that part of all retaining walls and batters constructed on their lot on the low side of any road adjoining scheme land and the landscaping surrounding those retaining walls and batters in good condition and repair.

11 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 10 of 55 (c) Lot owners and occupiers must not do anything that will or will be likely to be detrimental to the structural integrity of the any retaining wall and batters constructed on the scheme land. 41. Severability These by-laws will, in so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision on its true interpretation or construction is held to be illegal, invalid or unenforceable: (a) (b) 42. Interpretation that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this Agreement will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability. The following words have these meanings unless the contrary intention appears. Act means the Body Corporate and Community Management Act assets means personal property of the body corporate. body corporate means the body corporate for the scheme. code means the architectural and landscaping code, which forms part of this community management statement. committee means the committee of the body corporate. common property means the common property for the scheme and principal scheme and the maintained areas. development means the development of scheme to create a residential community at Airlie Beach in, Queensland. display home means a residential dwelling built not for immediate occupation but rather in order to promote the further sale and business of the dwelling s builder. Improvements means pergolas, walls, windows, garage roller doors, doors, fly screens, gates, walkways, paths, driveways, yard, lawn, landscaping, garden, plants and irrigation, and drainage facilities and other improvements located within a lot or an area of common property which attaches to a lot by virtue of an exclusive use by-law lot means a lot that is part of the scheme land. maintained areas means areas leased, licensed or occupied by the principal body corporate, or which the principal body corporate may or must maintain or repair. occupier includes any person that must, by law, comply with these by-laws, and includes a firm, a body corporate, an unincorporated association or an authority. original owner means the original owner under the Act, and any person nominated by the original owner to the body corporate from time to time. principal scheme means The Summit - Airlie Beach community titles scheme of which this scheme is a subsidiary. principal body corporate means the body corporate of the principal scheme. regulation means the Body Corporate and Community Management (Accommodation Module) Regulation scheme means the community titles scheme to which this community management statement relates. service connections means antennae, pipes, wires, ducts, cables and similar things used for the supply of services to a lot. services means utility services such as water, gas, electricity, communications, trade waste, garbage removal and fire services supplied to Lots. scheme land means the land described as the scheme land in item 4 of this community management statement.

12 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 11 of 55 In these by-laws unless the contrary intention appears: a) a reference to a by-law includes any variation or replacement of it; b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; c) the singular includes the plural and vice versa; d) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority; e) a reference to any thing is a reference to the whole and each part of it; f) where these by-laws say that something can or must be done by the body corporate then that thing may be done by the committee unless there is a legal restriction on the committee doing so; g) including when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind. SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED I. CONNECTION TO UTILITY INFRASTRUCTURE In this Schedule D, Utility Infrastructure Works means any works considered necessary or desirable by the Original Owner for the purpose of establishing utility infrastructure and utility services and connections to The Summit or a Scheme, including: (a) (b) (c) (d) excavation and general earthworks; and the construction of Common Property areas, including roads; and the construction on Common Property of improvements and facilities; and the construction of public or private services infrastructure, including connections for sewerage, gas, electricity, telephone, fibre optics, pay television cables or any other services. To facilitate the progressive development of the scheme, the original owner and persons authorized by the original owner may enter any part of scheme land to undertake Utility Infrastructure Works. The original owner and persons authorized by the original owner may bring onto scheme land any machinery or equipment it requires to carry out the Utility Infrastructure Works. The owner of a lot may, for the further development of the lot as described in schedule B of this community management statement, connect to the utility infrastructure in the common property. Words defined in schedule B have the same meaning in this schedule. II. SERVICES LOCATION DIAGRAMS The majority of utility services are located within dedicated road reserve. There are some utility services on parts of common property (parks etc). Services location diagrams showing the location of any implied statutory easements for utility services and infrastructure for the scheme are included in pages (inclusive) of this community management statement.

13 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 12 of 55 III. STATUTORY EASEMENT The following table identifies the lots affected, or to be affected, by statutory easements and states the type of easements affecting the relevant lots. Statutory Easement Support Water Telstra Electricity Sewer Stormwater Shelter The Summit Airlie Beach Lots 1 39, 59 to 86 and common property Lots 1 39, 59 to 86 and common property Lots 1 39, 59 to 86 and common property Lots 1 39, 59 to 86 and common property Lots 1 39, 59 to 86 and common property Lots 1 39, 59 to 86 and common property N/A IV. DESIGN AND LANDSCAPE CODE HOUSE LOTS 1 INTRODUCTION 1.1 The purpose of this code is to assist in the creation of a premium quality urban residential community that reflects excellence in house and apartment design, as well as innovation in residential layout and management. 1.2 The design of residential product within the scheme will deliver design solutions that respect the topography of the relevant lot and embrace natural and man made interventions to create a strong sense of place. 1.3 The scheme land is steep and commands panoramic outlooks from many of the lots, requiring respect for and integration of view corridors. 1.4 The environment attributes and scenic quality of the Airlie Creek valley and Coral Sea views provide the basis for the development potential and high visual appeal of this significant area. Accordingly these values must be protected through sympathetic and responsive development. 2 APPLICATION 2.1 This code applies to all works relating to: (a) (b) new residential construction for houses and additions and / or alterations to existing works including recreational structures and pools. 2.2 To avoid any uncertainty, the provisions of this code will apply to all lots unless expressly provided to the contrary. 2.3 This code has been adopted by WRC as part of the conditions of ROL (subdivision) approval and must be adhered to when assessing an application for a building permit. 2.4 Provided lot owners have obtained panel approval under this code they will be able to obtain a building permit from either WRC or a private certifier. There is no need for lot owners to apply for any planning permits to build their house. 3 THEME The overall design style for the scheme will be one of contemporary design excellence that embraces tropical design principles to maximize the design and lifestyle opportunities in a spectacular Whitsunday setting.

14 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 13 of 55 4 OBJECTIVES 4.1 The objectives of this code are to: (a) (b) (c) (d) create built form outcomes that allow for individual expression whilst maintaining an overall estate compatibility of character through form, scale, materials and design expression; assist owners, their architects or designers, developers and investors in achieving a high quality building development in a sensitive environmental region; promote high quality design standards throughout the scheme that will reinforce a sense of community and will encourage environmentally sound design practices; and maximise view opportunities for owners of all lots. 4.2 It is the responsibility of each lot owner to ensure that the final design is in compliance with all statutory requirements. 5 THE HOUSE LOTS 5.1 This design and landscape code has been formulated to provide a strong guide to the style and quality of development sought for the scheme land. The house lots are steep in nature and require professional design, and engineering input to achieve the outstanding built form solutions required by this code. 5.2 WRC has granted a planning permit authorizing construction of single residential dwellings on each lot. Lot owners will need to lodge an application for a building permit with either WRC or a private certifier and an application for a plumbing and drainage permit with WRC. 5.3 When preparing designs for each of these lots, the lot owner must conform with this code and provide to the panel a copy of all plans, elevations, and schedules for written panel approval. 5.4 The applicant shall obtain a building permit for building works prior to commencement of any building works on the lot. 5.5 Prior to issue of any building permit, certificates of structural and geotechnical compliance with accepted standards shall be provided by both structural and geotechnical engineers. All work shall be supervised by the structural and geotechnical engineers and certificates of completion provided to the panel prior to occupancy of the buildings. 6 DESIGN ASSESSMENT PANEL 6.1 The design assessment panel formed pursuant to paragraph 25 of this code will assess the design and landscaping applications for all lots. Although these guidelines are complementary to most statutory requirements, the applicant s plans and schedules must be approved in writing by the panel prior to the applicant making any submission referred to in this code. 6.2 An owner must not submit a building application to WRC or a private certifier until the panel has approved the plans in conformity with this code. 7 APPROVAL PROCESS 7.1 Applications for panel approval must be submitted by the owner of the relevant lot or the owner s nominee or agent (the applicant) in writing on the form specified by the panel to the address for service of the body corporate accompanied by (in Al format, 2 copies of each), as follows: (a) A written design character statement indicating the applicants site assessment and design response to adjoining buildings (where applicable), orientation, existing vegetation, topography, views, privacy and overshadowing etc;

15 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 14 of 55 (b) A site plan to scale indicating the position of the house on the lot, setbacks, it s relationship to adjoining dwellings (where applicable) and where known the uses of rooms adjacent to common boundaries, including overshadowing, privacy measures, and it s design response to site cover, existing vegetation, contours, solar orientation, view lines, animal enclosures, sheds, fencing, retaining walls, driveways, rubbish bin enclosures and swimming pools etc; (c) Building plans, elevations and sections to scale cross-referenced to R.L s including all verandas, pergolas, architectural features, outbuildings, cross-over position to street etc; (d) Details of all fencing including safety fencing to areas of lot drop off from roads. (e) Drainage plans and retaining wall details; (f) Landscape plans showing compliance to this code and indicating location of trees with a trunk diameter greater than 100mm, and extent of existing vegetation removal complying with paragraph 21 of this code (g) Samples of all external colours including roof and wall colours; (h) Cross section of dwelling indicating compliance with maximum building height set out in paragraph of this code; (i) Details of any relaxations from the code required; (j) Any other information required from time to time by the panel and; (k) Application fee and Security bond. 7.2 The panel may require an applicant to give additional information. The applicant must supply the additional information as soon as reasonably possible. 7.3 When considering applications the panel must take into account the theme, the site response, design purpose, and the specific design requirements of this code. 7.4 After the panel has considered an application it must give the applicant written notice approving the application (conditionally or unconditionally) or rejecting the application. 7.5 The panel must use its best endeavours to give the notice within 15 business days of receipt of the application and fee and any additional information required by the panel. 7.6 If the panel approves an application conditionally, the conditions may include, but are not limited to: (a) (b) (c) (d) submission of any additional plans and specifications or such other information required by the panel; changes being made to any of the items or information included in the application; commencement of the works within a reasonable time determined by the panel; and payment by the lot owner to the panel of a bond or bank guarantee in the amount specified in this code or otherwise determined by the panel from time to time as security for compliance by the lot owner with all obligations under this code and panel approval. Unless otherwise specified in writing by the panel the bond must be paid before work commences. The panel may use the bond or bank guarantee at any time to reimburse the panel, original owner or body corporate for any costs incurred or loss or damage suffered as a result of a breach of this code or panel approval by the lot owner or any contractor, servants, agents or employees of the lot owner. The panel may also use the bond or bank guarantee at any time if any damage is caused, injury suffered or loss incurred as a result of any omission or negligence of the lot owner or any contractor, servants, agents or employees of the lot owner. The lot owner may be required to execute a bond agreement in the terms required by the panel. 7.7 Despite any other provision in this code, the panel has the absolute right (without limitation) to refuse any design plans submitted for approval, if the plans are not in keeping with the theme or objectives of this code. 7.8 All approvals must be affixed with the panel approval stamp and signed by the secretary of the body corporate or a person authorised by the Body Corporate for this purpose. 7.9 The panel may allow non-compliance with any requirement of this code (including, without limitation, the standards) in its absolute discretion.

16 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 15 of A preliminary application may be made to the panel for initial comment on the character and design approach. Comments received from a preliminary application will constitute guidance only and a final approval will only be granted when a formal application is made accompanied by the required information Applicants must pay the application fees set out in this paragraph or such other application fees the panel may from time to time prescribe : (a) Formal Application for written panel approval $750 (b) Subsequent Applications to the panel $ The security bond required under clause 7.6(d) will be $5, Once the panel has approved the plans, they may be submitted for a Building Permit All panel approvals are subject to the requirements of WRC. 8 CONSTRUCTION TIME 8.1 Approved works must be completed within 18 months of construction commencement. No building work will be suspended for a period longer than 3 months without substantial work being carried out, weather delays excepted. Landscape works are to be completed within a further 3 months of the construction completion. 8.2 Upon completion of the approved works and the landscape works the lot owner must make application to the panel for a refund of the security bond referred to in clause 7.6(d). If the panel is satisfied, in its discretion, that the approved works and the landscape works have been completed in accordance with this code and its approval, the panel will refund the security bond or that part of the security bond that has not been expended in accordance with in clause 7.6(d). 9 RESTRICTION ON WORKS 9.1 A lot owner must not carry out any works on the scheme land unless the works have been approved by the panel under this code and all necessary other approvals have been obtained from WRC, private certifier and other relevant authorities. All works must be done strictly in accordance with the required approvals for those works, this code, all laws and any panel approval. A lot owner must not apply to WRC or a private certifier for a building permit until the lot owner has obtained panel approval. 10 GENERAL PRE CONSTRUCTION 10.1 Vacant lots shall be kept clean and free of debris, vermin and noxious weeds. All native grasses are to be kept cut/slashed on a regular basis Temporary structures and other marketing display structures must be maintained in a clean and tidy state, and must be approved in writing by the panel prior to construction and operation. No temporary structures or sheds shall be used for habitable accommodation Contractors shall not be permitted to bring dogs or other animals onto the lots or scheme land No rubbish, excavated material or building materials is to be left on or stored on scheme land No advertising sign, flags or similar marketing material is to be erected on the lot or scheme land or fixed to any tree or structure erected on the lot or scheme land without panel approval All proposed marketing material must be submitted to the panel for approval. The Summit and its logo are registered to Airlie Summit Pty Ltd and cannot be reproduced in part or in full without the written permission of the panel. The panel will encourage a uniformed approach to house lots being marketed under the theme of The Summit.

17 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 16 of DESIGN CRITERIA 11.1 The overall design criteria for the estate will be one of quality contemporary design that embraces tropical design principles. The site contains a number of character areas that will require suitable design responses depending on the individual lot attributes. Hence all lot owners must consider the following design criteria in formulating their designs Architectural Style No historic revival design styles such as Federation, Georgian, Victorian will be permitted Existing Vegetation Removal of existing vegetation shall be minimized, through site sensitive design and construction. Refer Clause 21, Landscape Guidelines Siting and Orientation All works must be positioned and orientated to maximize the benefits of each site s natural attributes within the set back requirement of this code and maximize the benefits of solar access and protection (particularly western sun), provide wind protection whilst allowing cross ventilation, respect privacy and amenity of neighbours and give careful consideration to the slope and contours of the site Climate Responsive Design The importance of professionally recognised design responses for design in tropical environments will gain support from the panel in the assessment of individual applications. The design approach will reflect tropical design themes such as light weight materials, roof overhangs, window shades and covered terraces, balconies and verandahs. Cross-ventilation will assist in developing responses to the local sun and wind patterns Privacy Careful consideration must be given to visual privacy between dwellings on adjoining lots. Screening solutions include:- - Off set of windows - Timber battens and lattice - Louvered shutters - Landscaping - Privacy screens 11.7 Building Appearance To achieve and maintain an overall design character for the scheme land the following design approaches are to be maintained (a) Service and vent pipes and, valve and meter connections must be suitably concealed or screened from public view; (b) Underside of structures must be suitably screened from public view; (c) Provision of integrated landscaping to buildings and fencing; 11.8 Site Cover The maximum allowable site cover including all garages, carports, verandas etc should not exceed 50% Permitted Building Envelopes Permitted building envelopes have been established for each allotment and no part of any building, structures, architectural features, outbuildings including pools, garages and carports may be constructed outside of the envelope ( No Build Zone ), subject to the setback requirements of this code or as approved by the panel. (Refer explanatory notes in Appendix 1) Front Boundary Setbacks Generally variable setbacks have been designated for different streetscape elements to encourage a variety of streetscape form throughout the scheme land Setback - Min 6.0m to residence proper

18 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 17 of 55 - Min 2.0m to single level carports, garages. Noting a reduction to 0m with panel approval - Pergolas, verandahs, entry porches, planter boxes, landscape elements, suspended walkways and vehicular driveways and other architectural features may be built to the front boundary with panel approval (Refer explanatory notes in Appendix 1) Side Boundary Setbacks This code encourages maximum side setbacks to ensure adequate spacing between houses to maximize natural ventilation, light, privacy and view corridors from roads, footpaths and public spaces Setback - Min 2.5m to residence proper. Buildings may intrude into the 2.5m setback to a min of 2.0m setback if the average setback of the house proper is a min of 2.5m and with panel approval. - Single level carports, garages and attached stores and other non habitable structures, entry porches, pergolas, verandahs, planterboxes, landscape elements, suspended walkways and vehicular driveways, and other architectural features maybe built to the side boundaries to a maximum length of 10m or 30% of the length of the side boundary whichever is the lesser and with panel approval. (Refer explanatory notes in Appendix 1) Rear Boundary Setbacks Generally fixed setbacks are required to protect existing easements and other service pipes to the rear of all lots. These setbacks will also ensure maximum natural vegetation is preserved when viewed from varying vantage points Setback - Min 4.0m to residence proper or to boundary of the No Build Zone whichever is the greater. - No structures of any sort shall be constructed in the No Build Zone without panel approval. (Refer explanatory notes in Appendix 1) Building Heights The maximum building height permissible is 2 storey and 9m. (Refer explanatory notes Appendix 2). 12 ROOFS 12.1 There are no preferred roof shapes. Single large roof forms are not encouraged. Roof forms broken down to different levels are preferred. Roof pitches must be a minimum of 25 degrees unless otherwise approved by the panel A minimum 600mm eaves overhang should be provided for all roofs. All eave overhangs are to be lined on the rake or left with exposed rafters Roof tiles are not permitted except for flat profile shingle style tiles. Roof materials are to be non-corrosive e.g. colourbond, copper, zinc. Roof colours are to be low reflectivity and subdued colours to blend the house with its surroundings. All gutter and downpipe treatments must complement the works The panel may consider other materials on their merits. 13 WALLS 13.1 Walls must be a mix of materials that are not highly reflective with preference for not more than 75% of one material on walls unless otherwise approved by the panel All materials are to be new unless otherwise approved Preference will be given to the use of the following materials: (a) rendered masonry and rendered or painted fibre board;

19 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 18 of 55 (b) selected profile timber and plywood finished with stain or paint finish; (c) (d) (e) colourbond, copper, zinc and alloys, aluminium, prefinished metal or resin sheeting or similar materials; stone cement based building blocks, and natural stone 13.4 The following materials are not likely to gain panel approval: (a) (b) face brick, unfinished concrete blocks and off form concrete. large areas of reflective glass 14 COLOUR SCHEMES 14.1 Generally natural colours with low reflectivity should be used. Light and dark colours should be used in combination generally with darker colour to the base and lighter colours above. The use of highlight / accent colours where appropriate may be considered by the panel Reflective metal cladding is unlikely to be approved however the panel will evaluate applications for this material on its merits and will give consideration to the use of integrated landscape treatments in the overall context of works. 15 VERANDAHS AND BALCONIES 15.1 The provision of verandahs or balconies is encouraged All supporting structures for verandahs should be timber, galvanized or stainless steel or aluminium. 16 CARPARKING 16.1 All house lots must provide a minimum of 2 carspaces, which may be tandem At least one car must be provided in a roofed carport or garage structure and must be sized and setback as per the requirements of this code. These structures must be single storey in nature and must not dominate the streetscape and be incorporated into the house design through the use of colours, materials, and roof forms. Free standing open carports will generally not be permitted unless they are incorporated into the overall design theme of the house. 17 CROSSOVERS 17.1 The works for each lot must include crossovers as specified by W.S.C. The lot owner will be responsible for these works It is recognised that individual house design will determine the location of the driveway and crossover. In order to preserve the landscape in the verge, area has been set aside within the landscape verge for a crossover If the design of the house requires the driveway in a different location than the area set aside within the landscape verge for a crossover, the lot owner must, at its cost, transplant all landscaping, vegetation and grass from where the driveway and crossover is to be located to the area set aside in the landscape verge for a crossover Plan DVD - 21 at Appendix 6 of this code indicates the proposed configuration of the verge landscape All crossovers must be constructed of natural concrete with a broom finish. No crossover shall exceed 4.5m in width, unless otherwise approved by the panel.

20 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 19 of In some instances the driveway/crossover construction will require the removal of balustrade installed at the top of or adjacent to a retaining wall or batter constructed on a lot Lot owners must re-use all balustrade removed during driveway/crossover construction and re-integrate that balustrade to ensure safety and visual integration with remaining balustrade at the top of or adjacent to the relevant lot and in a manner consistent with the placement of balustrade throughout the scheme No street trees are to be removed in the construction of driveways and or crossovers without panel approval All lot owners must obtain their own permit from WRC for the construction of individual lot crossovers and must repair and make-good any damage to adjoining road ways, kerbs, landscaping, vegetation, services and paving etc. Copies of cross-over permits must be provided to the panel prior to works being undertaken. 18 MINIMAL DISTURBANCE AND MAKE GOOD 18.1 Lot owners are required to make good all damage to roads, footpaths, landscaped areas, paved locations, and service trenches and service pipes including, without limitation, the verge landscape and balustrade referred to in the immediately preceding provision Minimisation of earthworks and minimal disturbance to the existing landform is encouraged in preference to retaining wall structures of any material type. 19 FENCING 19.1 The objective of this code is to discourage all boundary lot fencing except where safety fencing is required. Accordingly the natural vegetation remaining between the permitted building envelopes on adjoining lots will provide the privacy and separation between the individual houses Where fencing is required it constitutes works and requires panel approval. It must be designed to enhance the visual attractiveness of the scheme land and is to be constructed of low colour dominance materials The maximum allowable fence height is 1200mm. Solid metal fences will not be permitted. Timber fencing or post and wire and post and rail fencing is preferable Landscape integration into fenced areas is also encouraged All fencing shall allow the free unimpeded flow of storm water down the slopes Fencing along the boundaries of the open space areas of the scheme land is to be constructed in a manner to allow the free movement of native fauna - in particular the Proserpine Rock Wallaby. Chain wire or mesh fencing of any description that will form a barrier and impede the Proserpine Rock Wallaby is not permitted. Lot owners are directed to the Queensland Parks and Wildlife Service for advice in this matter Approved safety fencing to W.S.C standards must be provided in the areas where there is a vertical drop-off of more than 1.0m from an adjoining street or public space onto the lot. This fencing will form part of the lot owners works and must be shown on the applicant s submission for panel approval All fences shall be black or dark in colour unless otherwise approved by the panel. 20 ANCILLIARY STUCTURES 20.1 Sheds and outbuildings are to be integrated into the overall works design and must be submitted to the panel for approval. Large structures must be in the style, materials and colour of the main works. Smaller structures up to 10 square metres may be constructed in colour bonded steel but must not be visible from the street or public areas Clothes drying areas, air conditioning equipment, solar hot water systems and rainwater tanks, externally mounted antennae, satellite dishes, hot water systems, gas cylinders and manifolds, clothes lines and other similar types of structures must not be visible from the street or public areas.

21 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 20 of In addition externally mounted antennae, satellite dishes and similar equipment are not to extend more than 1500mm above the roof line and air conditioning equipment is to be located to ensure that there is no noise impact on neighbouring lots The provision of solar hot water systems and rainwater tanks is encouraged as an overall design principle. Tanks are to be installed underground or setback from the principle building line of the works. They are to be concealed or screened to achieve a matching appearance to the works Outdoor structures including pergolas, verandahs and shade structures will be allowed if the structure is designed and constructed in materials that complement the works Letterboxes should be incorporated into the design of the frontage elements of the works. Temporary or makeshift letterboxes are not permitted Garbage collection areas are to be fully screened and not directly visible from the street. No bin enclosures will be allowed on the street alignment. Furthermore the use of compost bins is encouraged Swimming pools must be integrated into the landscape and be wholly contained within the required building set backs. They must involve minimal earthwork and land disturbance and satisfy geotechnical and structural requirements. Small plunge or spa type pools or narrow pools parallel to the contours are considered more appropriate Any external signage including illuminated signage positioned on the Lot boundary, within the Lot or on the building must be submitted to the panel for approval. All signs must be in a style, materials and colour that complement the works and if illuminated must not provide undue glare to adjoining properties, pedestrians or passing cars. 21 LANDSCAPE GUIDELINES 21.1 The scheme is uniquely sited on a major spur of the Conway Range, and forms a significant access point into the Conway Range National Park. The natural beauty of this native bushland is a major asset which is to be highly valued by the residents of the scheme. Consequently, a primary goal is to work in co-operation with the Queensland National Parks and Wildlife Service to maintain the integrity of the bushland for the benefit of residents, the environment and the broader community In order to best preserve the tree canopy, environmental attributes and scenic quality of the scheme land no clearing of vegetation (other than weeds) outside the footprint of the permitted building envelope and driveway on a lot will be permitted without the approval of the panel All weeds situated on a lot are to be removed from that lot and disposed of in a location, other than on scheme land Approval to remove vegetation, other than weeds, situated on a lot will only be granted if the panel is satisfied that the relevant vegetation needs to be cleared to enable the works to be carried out A landscape plan must be prepared and submitted for panel approval and include (a) (b) (c) The identification of trees with a trunk caliper greater than 100mm to be removed within the building site including species, height and canopy spread A planting plan for the revegetation of the lot, including areas disturbed by construction A brief specification, prescribing the proposed method of planting, and maintenance during the establishment period 21.6 It is recommended that all lot owners engage the services of a professional with sound local horticultural knowledge to assist in the identification of weed and plant species for removal, and in the planning of revegetation works within their lot. A list has been included to assist in the identification of such undesirable plant species (refer Appendix 3 Prohibited Plant Species List). This list is not exhaustive, and has been included as a guide only.

22 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 21 of It is mandatory for lot owners to revegetate lots after works have been completed with species specified in the attached recommended plant species list (refer Appendix 4 Recommended Plant Species List) None of the species specified in the prohibited plant species list are to be planted on any lot or the scheme land Any external signage including illuminated signage positioned on the Lot boundary, within the Lot or on the building must be submitted to the panel for approval. All signs must be in a style, materials and colour that complement the works and if illuminated must not provide undue glare to adjoining properties, pedestrians or passing cars. 22 BUILDING REQUIREMENTS AND RESTRICTIONS 22.1 Following approval by the panel each applicant must obtain a building permit form WRC or a private certifier and a plumbing and drainage permit from WRC prior to the commencement of the works. There is no need to apply for any planning permits Vehicle access to lots situated on the low side of the road will be by way of a suspended or retained driveway or car park within the lot and shall be independently supported on footings within the lot. No structural load will be allowed to be placed on any road reserve or any retaining wall, or any batter or footing to any retaining wall, connected to or supporting any road reserve. No works, including excavation that will undermine or might be likely to undermine any road reserve or any retaining wall, or any batter or footing to any retaining wall, connected to or supporting any road reserve will be allowed Any services conduits suspended beneath the driveway must be hidden from view Car parks and driveways shall be constructed of steel, timber or reinforced concrete or if appropriate may be retained, filled and gravelled or paved so as to complement the site and other design details. Filling is subject to geotechnical considerations, and must be certified The area of permeable ground surface beneath buildings should be maximised Any extensions and/or alterations to the works must also comply with these requirements, and must be in a style (form, materials, colour, character) and scale compatible with the existing works and landscape setting Earthworks shall be minimised, with no cut and/or fill retaining walls (or swimming pool wall) to exceed 2.0 meters in height and then will be terraced in several sections, to a maximum of 4.0 meters in height over a continuous length of not more than 5 meters. If the wall is fully screened from external view then this requirement shall not apply. Retaining walls and pool walls in positions visible from external viewpoints shall be constructed in or faced with natural rock or other suitable approved material External lighting visible from external viewpoints (parkland, streets or the Airlie Beach area generally) shall be downward directed with minimum spillage of glare. Any up lighting of tree canopies and external walls shall be lowvoltage only, and kept to a minimum The construction site shall be rehabilitated on completion of all works stages, ensuring a high standard of erosion and sediment control during and after works. The applicant shall undertake the following minimum requirements (a) (b) (c) Disturbed areas shall be rehabilitated no later than 5 days after completion of staged works Drainage control measures, such as perimeter banks, shall be installed uphill of the works and prior to major earthworks. Drainage control measures shall be maintained during construction of the works All retaining walls and batters constructed by the original owner on scheme land on the high side of any road adjoining scheme land and the landscape surrounding those retaining walls and batters must be maintained in good repair and condition in a manner and technique and using materials approved by the panel so that their external appearance is consistent throughout the scheme. Those parts of the scheme land and lots within the scheme between those retaining walls and batters and any dedicated road or common property must also be

23 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 22 of 55 landscaped and maintained in a manner and using plants approved by the panel so that their external appearance is also consistent throughout the scheme The body corporate will, at its costs, engage the necessary servants and contractors in order to comply with the maintenance and landscaping requirements set out in the immediately preceding provision All retaining walls and batters constructed on a lot on the low side of any road adjoining scheme land and the landscaping surrounding those retaining walls and batters must be kept in good repair and condition by the lot owner in a manner and technique and using materials approved by the panel so that their external appearance is consistent throughout the scheme. Any penetration to existing retaining walls and batters supporting the low side of the road must be properly engineered to maintain the original integrity of the existing retaining walls and batters To avoid any uncertainty, no structural alterations or penetrations will be permitted to any retaining walls and batters without the express written consent of the panel. 23 CONSTRAINTS OF LOTS 23.1 Major earthworks should be undertaken in the dry season as the lot is more prone to erosion during the wet season The lot slopes are steep for house construction and appropriate measures must therefore be adopted in the construction of the works, to ensure the long-term stability of both the slopes and any structures dependant upon those slopes As part of any development permit (building works) application, geotechnical and structural engineer designed and certified foundations/footings are essential. 24 SERVICES/DRAINAGE 24.1 All lots will be provided with a connection point for sewerage. Connections to water supply, electricity and communications will be available in the road reserve adjacent to each lot. Some lots will be provided with a stormwater connection. Lot owners must connect their works into these connections Some lots will be provided with a Pressured Sewer System (PPS) which enables sewerage to be pumped from an individual lot to the main sewer system in the road reserve. The owners of these lots shall be responsible for the purchase and installation of a suitable holding tank and maceration pump package and connect to the sewer point provided to each lot (Refer Appendix 5 for details) Where provided all roof water and stormwater runoff from impervious areas must be collected and piped to the stormwater drainage system. Should a stormwater outlet not be provided to a Lot, it is the responsibility of the lot owner to discharge stormwater to a legal point of discharge in accordance with requirements of this clause. Uncontrolled discharge will not be permitted down a cleared slope as significant erosion may occur Erosion and scour protection measures shall be incorporated during construction and on completion, to ensure long-term stability of the lot Subsoil drains are to be installed behind all footings and retaining walls to minimise saturated soil conditions Lot owners shall be responsible for controlling the stormwater sewerage and water supply on their lot. All systems must be maintained regularly to ensure that no leakage occurs that could compromise the stability of the ground either on their lot or scheme land. 25 DESIGN ASSESSMENT PANEL (PANEL) 25.1 The panel may have up to four members The following rules apply to appointments to the panel:

24 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 23 of 55 (a) While the original owner owns any part of the development land it must appoint the members of the panel and may revoke the appointment of any member appointed by it; (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) The original owner must give the body corporate written notice of its appointments and any revocations of those appointments for them to be effective; Once the original owner either no longer owns any part of the development land or gives notice in writing to the committee of the body corporate waiving its right to appoint members to the panel the committee of the body corporate must appoint suitable members to the panel; Persons appointed to the panel need not be members of the body corporate; An appointment lasts until the person resigns or the appointment is revoked; The secretary of the body corporate must keep a record of current members of the panel. The chairperson of the panel will be a member of the panel nominated by the panel from time to time. The panel must meet when necessary to perform the panel s duties. One half of the panel members present at a meeting will constitute a quorum; Once the original owner either no longer owns any part of the development land or gives notice in writing to the committee of the body corporate waiving its right to appoint panel members, the meetings may be convened by the secretary of the body corporate by giving 7 days written notice to the panel members, unless all panel members agree to dispense with written notice. Decisions will be made by a majority on a show of hands by members at the meeting. Each member will have one vote except for the chairperson, who will have a primary vote and a casting vote. A minute signed by all members takes effect as a resolution of the panel; The panel may from time to time, designate one or more of the members to investigate matters for and on behalf of the panel and report their findings to the panel. The panel may appoint consultants from time to time to assist the panel in properly performing the panel s duties. To remove doubt, any member of the panel may act as a consultant. Each application to the panel may be submitted to the appropriate consultant before the meeting at which the application will be considered. The type of consultant to review different applications may be determined by the panel from time to time. Each member of the panel shall be paid a fee, which is first approved by the panel, to consider applications and must be reimbursed for any out of pocket expenses incurred in the carrying out of the assessment of an application. 26 BREACH OF CODE 26.1 If the applicant does not comply with this code or with any approval issued by the panel under this code, the body corporate may serve a notice on the applicant requiring it to remedy the non-compliance within a reasonable period set out in the notice. If the applicant does not remedy the noncompliance in the period set out in the notice, the body corporate may: (a) (b) (c) enter any part of scheme land where the non-compliance has occurred; and remedy the non-compliance; or remove the non-complying works; and recover the costs of its action under this clause as a liquidated debt from the applicant.

25 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 24 of The body corporate may take any action it considers necessary to prevent a breach of this code. For example, without limitation, it may require all work on the relevant scheme land (including any lots) to cease or restrict the access of the applicant, its agents, employees or contractors to the relevant scheme land. 27 NO WAIVER OF FUTURE APPROVALS 27.1 The approval of the panel to any works is not a waiver of the right to approve conditionally or reject any similar works subsequently submitted for panel or body corporate approval. 28 NO LIABILITY FOR BODY CORPORATE OR PANEL 28.1 Neither the panel, nor any member of the panel, nor the body corporate is liable to any applicant for any loss, damage or injury arising out of or in any way connected with any recommendation, approval (conditional or unconditional) or disapproval given under this code unless due to the willful misconduct, bad faith, or criminal act of the panel, its members, the body corporate or their duly authorised representatives. Approvals (conditional or unconditional) of any application will not be construed as compliance by the works with any laws relating to the construction of the works, the structural soundness of the works, or any other approvals required for the works. 29 INDEMNITY 29.1 The applicant will indemnify the body corporate, the panel and any agent, employee or contractor of the body corporate or the panel against all losses, claims, demands, and expenses which the body corporate, the panel or any agent, employee or contractor of the body corporate or the panel sustains or incurs due to the applicant s noncompliance with this code. 30 GST 30.1 Unless otherwise expressly stated, sums payable for consideration to be provided under tis code are GST exclusive. The supplier agrees to issue a valid tax invoice to the recipient within seven days of the due date for payment of the supply. The recipient agrees to pay to the supplier an additional amount equal to the consideration payable for the supply multiplied by the prevailing GST rate. Notwithstanding any other provision in this community management statement to the contrary, this clause will survive termination of this community management statement. GST and other terms used in this clause will have the definitions provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth, or Acts in the substitution for them. 31 TRANSITIONAL 31.1 If this code changes after the panel has issued a panel approval, the panel approval issued by the panel remains in full force and effect, despite the changes to the code. 32 CHANGES BY ORIGINAL OWNER 32.1 This design and landscape code contains generic design and landscape requirements for the scheme and specific design and landscape requirements for house lots within the scheme. The original owner may by notice in writing to the body corporate amend this design and landscape code generally and more specifically to include design and landscape requirements specific to house lots in the scheme. 33 SEVERABILITY 33.1 This code will, so far as practicable, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision on its true interpretation or construction is held to be illegal, invalid or unenforceable: (a) that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

26 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 25 of 55 (b) if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this Agreement will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability. 34 INTERPRETATION 34.1 The following words have these meanings in this Code unless the contrary intention appears. (a) Act means the Body Corporate and Community Management Act (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) apartment lot means a lot in the scheme with respect to which the local government has given approval, preliminary or otherwise, to construct one or more multi residential buildings or hotel accommodation. applicant means the person who submits an application for approval of works by the panel. body corporate means the body corporate for scheme. building permit means a development permit issued under the Integrated Planning Act 1997 authorising building work. building work means building work defined under the Integrated Planning Act 1997 but does not include plumbing and drainage work under the Plumbing and Drainage Act business day means a day on which banks are open for general banking business in Airlie Beach, not being a Saturday or Sunday. code means this design and landscaping code. common property means the common property in the scheme. consultants means professional consultants such as architects and engineers appointed by the panel to advise the panel about applications. house lot means a lot in the scheme on which the local government has given approval to construct a single dwelling. local government means Whitsunday Regional Council. lot means a lot in the scheme or in a subsidiary scheme. lot owner means the owner of a lot. module means the Body Corporate and Community Management (Accommodation Module) Regulation occupier includes any person that must, by law, comply with this community management statement, and includes a firm, a body corporate, an unincorporated association or an authority. original owner means the person who is the original owner under the Act, and any person nominated by the original owner to the body corporate. panel approval means an approval granted by the panel to works under this code. panel means the design assessment panel established under this code. planning permit a development permit issued under the Integrated Planning Act 1997 authorising the material change of use or reconfiguration of a lot.

27 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 26 of 55 (u) plumbing and drainage permit means a development permit issued under the Integrated Planning Act 1997 approving plumbing and drainage work under the Plumbing and Drainage Act (v) (w) (x) (y) (z) (aa) (bb) (cc) public areas mean any common property or crown land adjoining any lot on which owners, occupiers or the public may carry out recreational activities. roads means the local government controlled roads in the scheme. scheme land means the land described as the scheme land in item 4 of this community management statement. scheme means the community titles scheme to which this community management statement relates. standards means the architectural and landscaping standards in contained in this code. subsidiary scheme means a community titles scheme that is a subsidiary of the scheme. works means all building and landscaping work on a lot that affects the exterior appearance of the lot or any structure on the lot. W.R.C. means Whitsunday Regional Council 34.2 In this code unless the contrary intention appears: (a) (b) (c) (d) (e) (f) reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; the singular includes the plural and vice versa; the word person includes a firm, a body corporate, an unincorporated association or an authority; if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; including when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.

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34 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 33 of 55 APPENDIX 2

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36 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 35 of 55 APPENDIX 3 PROHIBITED PLANT SPECIES LIST These plants are declared weeds, and are banned by the State Government. Lot owners are required to have the plants removed before commencement of work on site. Species Common Name Species Common Name Acacia nilotica Horsetails Equisetum species African boxthorn Lycium ferocissumum Hymenachne Hymenachne amplexicaulis African fountain grass Pennisetum setaceum Kochia Bassia scoparia, including ornamentals Alligator weed Alternanthera philoxeroides Koster's curse Clidemia hirta American rat s tail grass Sporobolus jacquemontii Lagarosiphon Lagarosiphon major Anchored water hyacinth Eichhornia azurea Lantana (non-sterile forms) Lantana camara Annual ragweed Ambrosia artemisiifolia Madeira vine Anredera cordifolia Aristolochia or Dutchman s Pipe Asparagus fern Aristolochia spp. other than native species Protasparagus densiflorus, P. africanus and P. plumosus Madras thorn Mesquites Athel pine Tamarix aphylla Miconoa Miconia spp. Pithecellobium dulce also called Mimosa ducts Prosopis sp. P. pallida all other species & hybrids Badhara bush Gmelina asiatica Mikania Mikania species Balloon vine Cardiospermum grandiflorum Mother of millions Belly-ache bush Jatropha gossypiifolia Myrica Myrica faya Bryophyllum tubiflorum & B tubiflorum x B diagremontianum Bitou bush Chrsanthemoides monilifera Noogoora burr Xanthium pungens Blackberry rubus fruiticosus agg. Parkinsonia Parkinsonia aculeataparthenium weed Bridal creeper Asparagus asparagoides Parthenium Parthenium hysterophorus Broad-leaved pepper tree Schinus terebinthifolius Piper Piper aduncum Cabomba Cabomba caroliniana Pond apple Annona glabra Camphour laurel Cinnamomum camphora Prickly acacia Acacia nilotica Cat s claw vine Macfadyena unguis-cati Prickly pears Opuntia species except O. ficus - indica Chilean needle grass Nasella neessiana Privets Ligustrum lucidum and L. sinense Chinese apple Ziziphus mauritiana Red sesbania Sesbania punicea Chinese celtis Celtis sinensis Rubber vine Cryptostegia grandiflora Christ thorn Zizyphus spina-christi Salvinia Salvinia molesta Creeping lantana (non-sterile forms) Lantana montevidensis Senegal tea Gymnocoronis spolanthoides Fireweed Senecio Madagascariensis Serrated tussock Nasella trichotoma Floating water chestnuts Trapa spp. Siam weed Chromolaena odorata Giant parramatta grass Sporobolus fertilis Sicklepod Senna obtusifolia

37 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 36 of 55 Giant rats tail grass Sporobolus pyramidalis & natalensis Singapore daisy Wedelia trilobata Gorse Ulex euorpaeus Thunbergia Thunbergia annua & T. fragrans & T. laurifolia Green cestrum Cestrum parqui Tobacco weed Elephantopus mollis Groundsel bush Baccharis halimifolia Water hyacinth Eichhornia crassipes Harrisia cactus Eriocereus sp. Wichweeds all non-indigenous Striga species Harungana Harungana madagascariensis Willow Salix spp. other than S. babylonica, S. x calodendron and S. x reichardtii Honey locust Gleditsia triacanthos all species Yellow burr-head Limnocharis flava NOXIOUS WEEDS The following plants are noxious weeds, and must be removed. Species Common Name Species Common Name Needle burr or spiny Cape spinach Emex australis amaranth Amaranthus spinosus Caster oil plant Ricimus communis Prickly poppy Argemone ochroleuca Common lantana Lantana camara Red-head cotton bush Ascelepias curassivica Golden rod Soldago altissima Stinking roger Tagetes minuta Water hyacinth Eichhornia crassipes Johnson grass Sorghum halepense Khaki weed Alternanthera pungens Wild aster Aster subulatus ENVIRONMENTAL WEEDS The following plants are potentially invasive, and therefore undesirable and must be removed. Species Common Name Species Common Name African tulip Spathodea campanulata Chinese elm Celtis sinensis Broad leaf privet Ligustrum lucidum Cocos palm Syagrus romanzoffianum Broad leaf pepper tree Schinus terebinthifolia Exotic pine Pinus spp Cadaghi Eucalyptus torelliana Golden rain tree Koelreuteria elegans Camphor laurel Cinnamomum camphora Yellow bells Tecoma stans SHRUBS

38 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 37 of 55 Species Common Name Species Common Name Easter cassia Senna pendular Lantana Lantana camara Common Indian hawthorn Raphiolepis indica Ochna Ochna serrulata Duranta Duranta sp. Small leaf privet Ligustrum sinense Japanese sunflower Tithonia diversifolia GROUND COVERS Species Common Name Species Common Name Asparagus ground fern Asparagus aethiopicus cv. Sprengeri Live leaf Bryophyllum pinnatum Balsam (dizzy lissie) Impatiens spp Mother-in-law's tongue Sansevieria trifasciata Bridal creeper Asparagus asparagoides Mother of millions Bryophyllum delagoense & B delagoense x B daigremontianum Creeping lantana Lantana montevidensis Purple succulent Callisia fragrans Fishbone fern Nephrolepis cordifolia Singapore daisy Wedelia trilobata VINES Species Common Name Species Common Name Cat's claw creeper Macfadyena unguis-cati Japanese honeysuckle Lonicera japonica Climbing asparagus fern Asparagus africanus Maderia vine Anredera cordifolia Corky passion vine Passiflora suberosa Mile-a-minute Ipomoea cairica Dutchman's pipe Aristolochia elegans Morning glory Ipomoea indica GRASSES Species Common Name Species Common Name Pampas grass Cortaderia spp

39 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 38 of 55 APPENDIX 4 RECOMMENDED PLANT SPECIES LIST The list below identifies local plant species from which the revegetation planting will be selected. Should other local provenance species be desired by the lot owner, they must be submitted, and approved by the panel. Species Common Name Species Common Name Acacia cincinnata Daintree wattle Flindersia australis Crow's Ash Acacia leptocarpa Wattle Flindersia schottiana Bumpy ash Acacia melanoxylon Black Wattle Ganophyllum falcatum Scaly ash Adiantum hispidulum Maidenhair Fern Grevillea hilliana Aidia racemosa Archer Cherry Harpullia Pendula Tulip Tree Albizia procera Siris Tree Heritiera littoralis Looking glass mangrove Allocasuarina torulosa She-oak Hibbertia scandens Guinea Flower Allocasuarina littoralis She-oak Hibiscus tiliaceus Cottonwood Alphitonia excelsa Red Ash Ipomea pes-caprae Goats-foot Morning Glory Alpinia caerulea Native Ginger Jagera pseudorhus Foambark Alstonia scholaris Milky Pine Jasmin didymum racemosum Native Jasmine Alyxia ruscifolia Chain fruit Leea indica Bandicoot Berry Archontophoenix alexandrae Alexandra Palm Leptospermum polygalifolium Araucaria cunninghamiana Hoop Pine Livistona decipiens Cabbage Palm Argyrodendron polyandrum Brown Tulip Oak Lomandra longifolia Mat Rush Asplenium australiasicum Birds nest Lomandra hystrix Mat rush Asplenium paleaceum Scaly asplenium fern Lophostemon confertus Brush Box Austromyrtus bidwillii Ironwood / Python Tree Macaranga tanarius Heart Leaf Banksia integrifolia Coastal banksia Mallotus phillipensis Red Kamala Brachychiton acerifolius Flame Tree Melaleuca dealbata Paperbark Brachychiton australis Broad leaf bottle tree Melia azaderach White Cedar Buckinghamia celissima Ivory Curl Flower Melicope elleryana Corkwood Callistemon viminalis Weeping Bottlebrush Murraya paniculata Mock Orange Cassia tomentella Velvet bean tree Nauclea orientalis Leichardt Tree Clerodendrum floribundum Lolly bush Pandanus spiralis Beach Screw Pine Clerodendrum inerme Paraserianthes toona Mackay Cedar Commersonia bartramia Brown Kurrajong Passiflora aurantia Red Passion Flower Cordia dichotoma Glue Fruit Planchonia careya Cocky apple Cordia subcordata Sea trumpet Platycerium bifurcatum Elkhorn Cordyline terminalis Palm Lily Platycerium superbum Staghorn Corymbia citriadora Lemon Scented Gum Polyscias elegans Celerywood Corymbia intermedia Pink Bloodwood Pongamia pinnata Pongamia Corymbia platyphylla White Gum Ptychosperma elegans Solitaire (Elegant) Palm Corymbia tesselaris Moreton Bay Ash Randia fitzalanii Brown Gardenia Crinum pendunculatum Mangrove lily / swamp lily Schefflera actinophylla umbrella tree Croton insularis Queensland cascarilla Sophora tomentosa Silver bead tree Cryptocarya triplinervis Brown Laurel Stenocarpus sinuatus Wheel of Fire tree Cupaniopsis anacardioides Tuckeroo Sterculia quadrifida Peanut tree Cyathea cooperi Tree Fern Syzygium australe Creek Cherry Cycas media Cycad Syzygium leuhmanii Small leafed Lillypilly Dendrobium discolour Golden Orchid Syzygium oleosum Blue Cherry Dianella caerulea Flax Lily Terminalia sericocarpa Damson Elaeocarpus angustifolius Blue Quandong Terminalia catappa Beach Almond Eucalyptus crebra Narrow leafed Ironbark Terminalia sericocarpa Damson Eucalyptus tereticornis Forest Red Gum Violia hederaacea Violet Eugenia reinwardtiana Beach Cherry Vitex trifolia Vitex Euroschinus falcate Ribbonwood Waterhousia floribunda Weeping Lillypilly Ficus congesta Cluster Fig Ficus macrocarpa Fig Ficus opposite Sandpaper Fig

40 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 39 of 55 APPENDIX 5 PRESSURE SEWER SYSTEM (P.S.S) An AQUATEC BARNES MODEL PPE 1.6/1100 SGPC (L) SIMPLEX PRESSURE SEWER PUMP STATION has been specified for each lot requiring a Pressure Sewer System (P.S.S). This system comprises a polyethylene wet well holding tank buried in each lot which is gravity fed from the dwelling and then macerated and pumped into the main sewer. Lots 1-9, and will be required to use this system and connect to the P.S.S. Each lot owner will, at their own cost, install this system in their lot. Contact details for the pumping manufacturer are: Aquatec Fluid Systems PO Box 841 Shepparton Vic 3632 Contacts: Bruce Seeley Managing Director Ian Serra Pressure Sewer Manager Ph: Free Call: Fax: A local firm has been appointed the sales and service representative for these pumps: Dowdens Pumping and Sales Service & Water Treatment 9 Industrial Street Mackay, QLD Trevor Dowden Phone LOT OWNER S GUIDE TO THE AQUATEC PACKAGE Purpose of the Unit To collect the wastewater from your toilets (sewage), showers, baths and sinks (grey water) and inject it under pressure into the main Sewer System. Functioning of your Package Sewage flows by gravity (downward grade) into the Wet Well section of a polyethylene tank buried in your lot. The pressure sewer is a fully sealed small bore pressurised reticulation system utilising individual grinder pump units which discharge directly to main sewer line located in the road. The pump grinds the solids present in the wastewater to slurry which is then pumped through a small diameter pipeline from the house to the main. A Boundary Connection Kit will be installed by Airlie Summit Pty Ltd for the connection to be easily made to the main located in the road. Ensuring Access to your Tank The tank is buried in a suitable position for receiving sewage from your premises, with the lid slightly above ground level. There is no need to remove this lid however access must be ensured for the maintenance technician.

41 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 40 of 55 Do not plant shrubs or trees within 2 metres of the tank lid. Do not place objects or structures on or over the lid. Do not allow grass or other coverings to obscure the lid Do not drive or park vehicles on the lid. Protecting your Grinder Pump Unit Pressure sewer systems require a commonsense approach and restrictions on disposal are similar to conventional gravity systems. This means that glass, plastic and metal objects, seashells, large bulky objects, strong chemicals, oils and flammable liquids should not be disposed of in the sewer system. The Aquatec-Barnes pressure sewer is a set and forget system and does not require the homeowner to modify their lifestyle. The manufacturers instructions must be followed when installing and operating the P.S.S Manufacturers specifications for the PSS is attached.

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