BANKSIA RESERVE CARINE STAGE 1 DP411774 LOT STREET SIZE FRONT DEPTH BAL PRICE 601* Lancelot Street 507sqm Angled 37.5m 19 SOLD 602* Lancelot Street 545sqm Angled 38.7m 29 SOLD 603* Lancelot Street 479sqm 12.3m 38.7m 29 $560,000 604* Lancelot Street 479sqm 12.3m 38.7m 19 SOLD 605* Lancelot Street 479sqm 12.3m 38.7m 19 SOLD 606* Lancelot Street 482sqm 13.5m 38.7m 12.5 $560,000 607* Lancelot Street 531sqm Battle-axe 37.6m 12.5 SOLD 608 Lancelot Street 352sqm 9.5m 24.0m 12.5 SOLD 609 Lancelot Street 354sqm 15.0m 24.0m 12.5 SOLD 610 Lancelot Street 354sqm Corner 23.1m 12.5 SOLD 611 Peruvale Street 440sqm 9.6m 32.7m 12.5 $525,000 612* Peruvale Street 476sqm Angled 33.6m 12.5 $560,000 615 Peruvale Street 431sqm 19.5m 24.9m 12.5 SOLD 616 Peruvale Street 409sqm Angled 25.6m 12.5 SOLD 617 Peruvale Street 396sqm Corner 25.6m 19 SOLD 618 Peruvale Street 386sqm Corner 26.3m 19 $455,000 619 TBA Culdesac 411sqm 10.1m 26.3m 12.5 SOLD 620 TBA Culdesac 454sqm Battle-axe 30.3m 19 $505,000 621 TBA Culdesac 415sqm 9.3m 25.7m 12.5 SOLD 622 TBA Culdesac 457sqm 11.1m 33.4m 19 SOLD 623 TBA Culdesac 595sqm 13.8m 46.0m 40 SOLD Estate Information Zoned Residential R20 BAL Ratings subject to change Deposit to secure a lot - $5,000 (*) Denotes Easement Titles anticipated September 2018 RONDELLE MAY rondelle@landwa.com.au 0402 283 911 www.landwa.com.au PO BOX 4383, VICTORIA PARK WA 6979 DISCLAIMER:All areas and dimensions are subject to survey. Prices, availability and incentives subject to change without notice. Whilst every care has been taken with the preparation of these particulars which are believed to be correct, they are in no way warranted by the selling agents or our clients in whole or in part and should not be constructed as forming part of any contract. Any intending buyers are advised to make enquiries as they deem necessary to satisfy themselves on all matters in this respect.
4 262 STREET 83 AYLWIN COURT 247 250 264 86 84 2 209 207 FUTURE LOTS 46.0 33.4 25.7 20.3 18.5 17.2 16.2 FUTURE LOTS 1 622 457m² 623 595m² 22.2 621 415m² 30.4 620 454m² 11.1 13.8 5.3 4.22 9.3 6.3 15.4 5.9 13.3 10.1 PERUVALE STREET 1 21.7 619 411m² 17.6 12.6 26.3 8.9 19.5 615 431m² 24.9 618 386m² 13.4 3.0 9.0 616 409m² 25.7 5.9 17.9 19.4 2.7 617 396m² 6.0 10.7 6.7 6.3 2.5 9.7 4.4 33.6 11.7 32.7 8.5 10.2 612 476m² 611 440m² 27.1 9.6 17.5 32.4 17.3 15.0 610 354m² 23.1 3m SEWER EASEMENT 25.5 609 354m² 10.4 15.0 9.6 85 267 607 529m² 24.0 11.6 4.1 37.6 19.8 608 353m² 3.7 10.0 12.4 12.4 12.4 11.0 2.2 7.0 2.0 38.7 38.7 605 479m² 606 483m² 38.7 604 479m² 13.5 12.4 12.4 12.4 12.1 38.7 603 479m² LANCELOT 2.3 9.4 37.5 602 545m² 34.2 601 507m² 5.3 10.7 7.2 1 STREET BANKSIA RESERVE SALES PLAN N 0 25m SCALE 1:1000 @ A4
Proposed Lot: ANNEXURE A SECTION A SPECIAL CONDITIONS 1 DEFINITIONS AND INTERPRETATION (a) Definitions In this Contract, unless the context requires otherwise, the following words have the following meanings: Act means the Planning and Development Act 2005 (WA) Annexure includes each additional annexure, appendix and/or attachment to this Contract. Approval means the conditional approval granted by the Planning Commission of the subdivision of the Land, pursuant to a reconsideration decision dated 15 September 2017 and referenced 154634 and given to the SAT in proceedings DR 162 of 2017. Conditions means the conditions affixed by the Planning Commission to the Approval. Deposited Plan means a deposited plan registerable at Landgate and depicting the Proposed Lot as a separate lot and depicting the surveyed boundaries of the Proposed Lot. General Conditions means the Law Society and the Real Estate Institute of Western Australia Joint Form of General Conditions for the Sale of Land 2018 revision. GST Withholding Law means Subdivision 14-E of the Taxation Administration Act 1953 (Cth). Land means Lots 9000, 6 and 400 Peruvale Street, Lancelot Street and Duffy Road, Carine, being the whole of the land contained in Certificates of Title Volumes 2596, 2102 and 2770 Folios 30, 106 and 371, respectively. Planning Instrument means the City of Stirling Town Planning Scheme No. 3 and State Planning Policy 3.1 Residential Design Codes. Proposed Lot means the land being acquired by the Buyer under this Contract and identified by way of cross-hachure on the plan annexed hereto and marked as Annexure B. Relevant Authority includes each government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, statutory or public authority, tribunal, agency or entity, whether local, state, federal or otherwise and includes without limitation the City of Stirling. SAT means the State Administrative Tribunal of Western Australia. Special Conditions means these special conditions and any all Annexures annexed hereto. TLA means the Transfer of Land Act 1893 (WA) Shire means the City of Stirling. (b) (c) Interpretation In this Contract unless stated otherwise: (ii) No Merger Terms and expressions which are defined in the General Conditions and which are used, but not defined, in this Contract have the same meanings attributed to them in the General Conditions when used in this Contract; and A provision of this Contract shall not be construed against a Party merely because that Party was responsible for drafting this Contract or for the inclusion of that provision. Any terms, conditions or provisions of this Contract (including in any Annexure or Attachment) which are not satisfied or fulfilled at Settlement will not merge in the Transfer of Land and will continue to apply and be enforceable by the Seller against the Buyer. 1 Buyer s Initials.
(d) Waiver No conduct, delay, neglect or forbearance by either Party in enforcing against the other any provision of this Contract shall be a waiver by, or in any way prejudice any right, of that Party under this Contract. No waiver shall be effective unless given in writing to the other party by the party granting the waiver. 2 INCORPORATION OF SPECIAL CONDITIONS AND ANNEXURES (a) These Special Conditions and all Annexures are incorporated into and form part of the Contract between the Seller and the Buyer. (b) In addition to anything else in these Special Conditions, the General Conditions, as they apply to this Contract, are amended as follows: Subject to the operation of Clause 3 below, Clause 13 of the General Conditions is deleted in its entirety and the following shall be inserted in lieu thereof: 13.1 This Contract is subject to and conditional upon the Seller being able to, at the expense of the Seller: 13.1.1 comply with any conditions imposed in the Approval; and, 13.1.2 cause the Planning Commission to affix its unconditional endorsement to a Deposited Plan of Survey describing the Proposed Lot, on or before the expiration of 180 days from the Contract Date. 13.2 If any Relevant Authority has provided to the Planning Commission advice under Section 142 of the Act and that Relevant Authority or the Planning Commission requires anything to be done in purported satisfaction of any Condition of the Approval which is unacceptable to the Seller in its absolute discretion, then the Seller may, at any time before the expiration of the time period referred to in Condition 13.3 below, issue notice to the Buyer that the Conditions of the Approval imposed as to the creation of the Proposed Lot are unacceptable to the Seller and thereupon the Approval of the Planning Commission to the Proposed Lot shall be deemed to have been refused and the Contract shall be at an immediate end and all deposit moneys shall be repaid to the Buyer and neither party shall have any claim against the other either in law or in equity. 13.3 If in the event that, for any reason howsoever arising, the Seller is unable to cause the Planning Commission to affix its unconditional endorsement to a Deposited Plan of Survey describing the Proposed Lot on or before the expiration of 180 days from the Contract Date then either party may terminate this Contract upon written notice to that effect being given to the other party. 13.4 If in the event that a party gives a notice of termination to the other under the provisions of Clause 13.3 above, all deposit monies shall be immediately repaid to the Buyer and neither party shall have any claim against the other either at law or in equity. 13.5 Clauses 13.1 to 13.4 inclusive above are deleted from the Contract in circumstances where: 13.5.1 the Planning Commission affixes its unconditional endorsement to a Deposited Plan describing the Proposed Lot; and, 13.5.2 no notice of termination under Clause 13.3 has been given by either party to the other. 13.6 On or before the expiration of 14 days of the date at which the Deposited Plan describing the Proposed Lot is endorsed in order for dealings at Landgate the Seller shall: 13.6.1 apply for a certificate of title to the land as a separate lot, 13.6.2 upon making the application in satisfaction of clause 13.6.1 above, notify the Buyer: 13.7 The Settlement Date shall be: 13.6.2.1 that the Deposited Plan describing the land as a separate lot is endorsed in order for dealings at Landgate; and, 13.6.2.2 of the date at which the Seller made application to Landgate for issue of a certificate of title to the land as a separate lot. 13.7.1 14 days from the date at which the Seller notifies the Buyer that a certificate of title to the land as a separate lot has issued; or, 13.7.2 the date stipulated in the Contract, whichever is the later. 13.8 If the Planning Commission fails or otherwise refuses to affix its endorsement to the Deposited Plan when requested to do so by the Seller under Section 145(1) of the Act nothing in this Contract shall be constructed so as to prevent the Seller from applying to the SAT for review of that failure or refusal including seeking a review by the SAT of the conditions and nothing in this Contract shall be construed that the Seller accepts all or any of the conditions of the Approval. 13.8 The Seller shall not be obliged to create a separate certificate of title to the Proposed Lot, separately and apart from contemporaneous creation of all other lots within the subdivision as approved by the Planning Commission. 13.9 This Contract does not constitute a warranty that the Seller can comply with the Conditions of the Approval within the time period stipulated in Clause 13.3 above. 2 Buyer s Initials.
3 TITLE TO PROPOSED LOT If at the Contract Date the Proposed Lot is not described on a plan of subdivision registered at Landgate which is in order for dealings or, a separate Certificate of Title to the Proposed Lot has not yet been issued by Landgate, then Clauses 3(a) to 3(c) inclusive below shall apply: (a) Clause 13 of the General Conditions, as amended by these Special Conditions will apply. (b) (c) The Proposed Lot is subject to final survey by the Seller prior to the Settlement Date and the Parties accept that: (ii) (iii) the final surveyed area of the Proposed Lot as shown on the Deposited Plan as a separate lot may vary from that shown on the Annexure B plan by up to 2% whether greater or smaller in area; provided that the final surveyed area of the Proposed Lot as shown on the Deposited Plan as a separate lot is within 2% of the area described on the Annexure B plan, neither the Seller nor the Buyer shall have recourse against the other and clauses 15.3 15.5 (inclusive) of the General Conditions will not apply; and if in the event that the final surveyed area of the Proposed Lot as shown on the Deposited Plan as a separate lot is more than 2% lower than that area shown on the Annexure B plan, the Buyer may terminate this Contract by written notice issued to the Seller not later than 14 days of being given a copy of the Deposited Plan by the Seller and in which event all deposit monies shall be immediately repaid to the Buyer and neither party shall have any claim against the other either at law or in equity. In order for the Buyer to be able to exercise its rights under clause 3(b)(iii) above (if any), the Seller shall provide to the Buyer a copy of the Deposited Plan at the date by which the Seller requests the Planning Commission to endorse is approval to the Deposited Plan under Section 145(1) of the Act. 4 MATTERS AFFECTING THE LAND (a) General Without limiting any provision of the General Conditions, the Buyer acknowledges and agrees that the Proposed Lot is sold subject to all (if any): (ii) (iii) (iv) substances that may exist on, under or within the land as at the Contract Date whether or not those substances or any one of them happens to be at a quantity which might present risk to human health, the environment or any environmental value and the Buyer accepts the land as it comprises in all its substances and the Buyer waives all claims against the Seller to vary the quantity of those substances whether before or after Settlement; reservations, limitations, interests, encumbrances, restrictive covenants, notifications and memorials contained in or noted on (or to be contained in or noted on as a requirement of a Relevant Authority or otherwise) the Certificate of Title to the Proposed Lot; building conditions, limitations, restrictions or requirements imposed against the Proposed Lot by any Relevant Authority whatsoever; building conditions, limitations, restrictions or requirements imposed against the Proposed Lot by any Relevant Authority whatsoever; and any easements required by any Relevant Authority and easements for support, protection or services expressed or implied by the TLA, and regardless of whether any such matters are expressly referred to in this Contract or not. (b) Notifications The Buyer acknowledges and agrees: (1) that the Certificate of Title to the Proposed Lot when issued, shall have a notification registered thereupon in accordance with section 70A of the TLA, expressed in the following terms: The lots are situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected by transport noise. (2) that the Certificate of Title to the Proposed Lot when issued, shall have a notification registered thereupon in accordance with section 165 of the Act, expressed in the following terms: This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and may be subject to a Bushfire Management Plan. Additional building requirements may apply to development on this land. (c) Easements The Buyer acknowledges and agrees: (1) that if the Proposed Lot is Lot 601 607 inclusive or 612, then the Certificate of Title to the Proposed Lot when issued, shall have an easement registered thereupon pursuant to section 167(1)(b)(ii) of the Act in accordance with regulation 33(b) of the Planning and Development Regulations 2009 for the 3 Buyer s Initials.
protection and access to an existing sewer main vested in the Water Corporation to the dimensions as specified on the plan annexed hereto as Annexure D. (d) Restrictions The Buyer acknowledges and agrees: (1) to the terms of the restrictive covenants as contained in Section B to this Annexure A. (2) the Seller s solicitor may amend the restrictive covenants set out in Section B of this Annexure A as the Seller s solicitor might reasonably require in order to ensure Landgate accept registration of the covenants and provided that the restrictive covenants as finally registered on the certificate of title to the Proposed Lot are not inconsistent with the intent of Section B of this Annexure A (3) the Shire shall be the beneficiary to the section 129BA of the TLA restrictive covenants as are set out in Section B of this Annexure A. (4) that Main Roads Western Australia shall be the beneficiary to the section 150 of the Act restrictive covenant set out in Section B of this Annexure A. (5) the Seller shall be the sole beneficiary of the private restrictive covenants set out in Section B of this Annexure A and the benefit is not, by this Contract, assigned. (e) Improvements and Development The Buyer acknowledges that: (1) any or all development on the Proposed Lot shall comply with the provisions of the relevant Planning Instruments of the Relevant Authority; and (f) Fencing (2) it is responsible for making all enquiries of the Relevant Authority with respect to any standards and requirements for improvement or development contained in the Planning Instruments and Australian Standard 3959 2009 Construction of Buildings in Bushfire Prone Areas applying to any use of and development of the Proposed Lot. The Buyer acknowledges that if the lot is Proposed Lot 623, the south side boundary of the lot abutting the Reid Highway Road Reserve shall be fenced with a brick pillar and Colorbond fence, at the Seller s cost, in order to satisfy a Condition of the Approval and the Buyer accepts the fence as constructed by the Seller, once complete, on an as is where is basis (g) Lots with Retaining Walls and Fences The Buyer acknowledges and agrees: (1) in order to satisfy the Conditions of Approval, the Seller will cut and fill the Land and construct retaining walls on each Proposed Lot, which will result in changes to the level of the Land after the Contract Date and the Buyer accepts the Proposed Lot as complete to the earthworks plan prepared by the Seller s engineers and annexed hereto as Annexure C, with a permissible height variation tolerance of plus or minus 200mm. (2) if the Proposed Lot is provided with a retaining wall or the benefit of a retaining wall at the Settlement Date, the Buyer is aware that: (1) the retaining wall may be wholly within the Proposed Lot and that the position of any building, improvement or dwelling on the Proposed Lot must not cause or contribute to any surcharge on any such retaining wall whatsoever or else the retaining wall must be replaced with a wall that will retain the surcharge and at the Buyer s cost; and (2) any improvement, building or dwelling on the Proposed Lot must not cause or contribute to the undermining of any retaining wall on the Proposed Lot. (ii) (iii) The Seller gives no warranty that any or all retaining walls or fences of any type appurtenant to or affecting the Proposed Lot are not physically located on the surveyed boundaries of the Proposed Lot as depicted on the Deposited Plan. The Buyer will have no claim against the Seller in the event that: (1) any retaining wall or fences are not on the surveyed boundary of the Proposed Lot; or 4 Buyer s Initials.
(2) the owner or owners of adjoining land claim adverse possession over any part of the Proposed Lot in circumstances where an existing fence is not on the surveyed boundary of the Proposed Lot; and (3) the Buyer acknowledges and agrees that the Seller is under no liability or obligation to realign or meet the costs of realignment of any retaining wall or fence and the Buyer is not entitled to claim any compensation or damages against the Seller as a result of a difference between the surveyed boundary and an existing fence. (iv) If the Proposed Lot is Lot 603 607 or 612 then the plan annexed hereto and marked Annexure E applies. (h) Buyer s Acknowledgement The Buyer acknowledges, agrees and is aware: (ii) (iii) (iv) that any of the matters addressed in this paragraph 4 will run with the Land and bind any proposed transferees of the Proposed Lot; the Seller shall, as part of subdivision of the Seller s land, have been or be required by regulations to have its surveyors install survey pegs at each corner of the Proposed Lot. The Seller is not by virtue of this Contract under any additional obligation to the Buyer to secure the positioning of the survey pegs or to reinstate the survey pegs on the Proposed Lot either before or after Settlement; the land comprising the Proposed Lot is registered under the TLA and that the Buyer is not entitled to deliver any requisition on or objection to the title of the Seller to the land and the Buyer hereby waives his or her right to do so; and the Buyer must not: (1) make any claim, objection or delay or refuse to effect Settlement, (2) make any claim for a reduction in the Purchase Price, (3) make a claim for damages; or (4) terminate this Contract, 5 REPRESENTATIONS AND WARRANTIES (a) arising from or in connection with any of the matters contained in this paragraph 4. Warranties and Representations The Buyer acknowledges and agrees that it or they have: (1) not relied on or been induced to enter into this Contract by any express or implied oral statement, representation, warranty, undertaking, covenant or agreement made by or with the Seller, the Seller Agent, or the Seller s employees, agents, consultants, contractors or representatives before the Contract Date relating to the Proposed Lot or other subject matter of this Contract and not contained in this Contract; and (2) made all relevant enquiries as to the suitability and zoning of the Proposed Lot for the use and development proposed by the Buyer for the Proposed Lot. (b) (ii) No Reliance The Seller makes no warranty or representation that the Proposed Lot complies with any laws or requirements, whether statutory or otherwise or that it is suitable, fit or approved for any particular purpose. The Buyer acknowledges and agrees that in entering into this Contract the Buyer has relied solely on the Buyer s own enquiries and independent appraisals with respect to: (ii) (iii) (iv) (v) (vi) the fitness or suitability of the Proposed Lot for any particular purpose or use; the correctness of the description of the Proposed Lot; the Buyer s rights and obligations under this Contract; the value of the Proposed Lot; the present and future economic feasibility, viability and economic return of the Proposed Lot; and any matters that may affect the Buyer s right, interest or enjoyment of the Proposed Lot. (c) Entire Agreement This Contract is the entire agreement between the Buyer and Seller and contains all of the representations, warranties, covenants and agreements of the Parties in relation to the subject matter of this Contract. 5 Buyer s Initials.
6 NO CAVEAT BY BUYER (a) (b) The Buyer must not, before issue by Landgate of a separate Certificate of Title for the Proposed Lot, lodge any caveat (whether absolute or subject to claim) against the title to the land (or any part of the land) of which the Proposed Lot forms a part to protect the Buyer s interest under this Contract. The Buyer hereby irrevocably appoints the Seller as attorney for the Buyer and at the Buyer s costs in all respects, to sign and lodge a withdrawal of caveat for any caveat lodged by the Buyer in breach of paragraph 6(a) above. 7 GST WITHHOLDING Annexure F applies to this Contract. 8 FURTHER ASSURANCES Each Party must promptly at its own cost do all things necessary or desirable to give full effect to this Contract. 9 SEVERANCE If any part of this Contract is or becomes void or unenforceable, that part is or will be severed from this Contract to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance. 6 Buyer s Initials.
SECTION B RESTRICTIVE COVENANTS 10 SECTION 129BA TRANSFER OF LAND ACT RESTRICITIVE COVENANT Pursuant to section 129BA of the Transfer of Land Act 1893 the following restrictive covenant is applicable to all lots located within the Banksia Reserve Estate. This restrictive covenant shall be enforceable by the Shire against the Buyer and all successors in title. The Buyer, his agents or servants shall not: Permit or cause habitable dwellings to be constructed upon any part of the land that falls within a bushfire flame intensity contour of BAL 40 or BAL FZ as defined by Australian Standard 3959-2009. 11 SECTION 150 PLANNING AND DEVELOPMENT ACT RESTRICTIVE COVENANT Pursuant to section 150 of the Planning and Development Act 2005 the following restrictive covenant is applicable to Proposed Lot 623 located within the Banksia Reserve Estate. This restrictive covenant shall be enforceable by Main Roads Western Australia against the Buyer and all successors in title: No vehicle access is permitted from this lot to and from Reid Highway. 12 PRIVATE RESTRICTIVE COVENANTS The following restrictive covenants are applicable to all lots located within the Banksia Reserve Estate. These restrictive covenants shall be enforceable by the Seller against the Buyer and all successors in title until 31 March 2024. The intended purpose of these covenants is to preserve the amenity of all Lots within the Estate. The private restrictive covenants are as follows: (a) (b) (c) (d) (e) (f) (g) (h) All external walls of the dwelling constructed on the Proposed Lot shall be primarily of brick, stone, concrete or glass. Timber and timber substitute used in the dwelling construction shall be limited to 20% of wall area and roofing shall be of non-reflective material. e.g. untreated zincalume shall not be used. If the lot is 450m2 in area or greater than the dwelling shall have a minimum floor area of 180m2 or if the lot is less than 450m2 then the dwelling shall have a minimum floor area of 150m2 and in both cases the area is to be measured to the external wall lines of the dwelling. Floor area does not include patios, outbuildings or garages but may include an outdoor alfresco area which is constructed under the main roof of the dwelling. The dwelling shall have as a minimum a fully enclosed double garage constructed substantially of the same materials as the dwelling. Access to the garage shall be constructed of: (ii) for vehicles, a tilt-a-door, segmented panel door or roller door constructed of Colorbond metal and located on the street or laneway access side of the garage; and for pedestrians, via a weatherproof exterior door not exceeding 0.9m wide by 2.1m high or pair of doors not exceeding 1.8m wide by 2.1m high located on any other wall of the garage other than the street or laneway access side of the garage. Garages shall be used only to store privately registered motor vehicles, registered boats or caravans. Commercial vehicles, tools, machinery, spare parts or household items must be garaged or stored away on the land so that they are screened from public view. Solar hot water heaters or air conditioners may not be erected on the dwelling on that portion of the roof facing the street and where erected they shall be painted to match the colour of the roof of the dwelling. Repairs or maintenance to motor vehicles, boats or machinery is prohibited from taking place on the land unless screened from public view. No fence may be constructed on the land forward of the dwelling towards the street kerb alignment. If the Buyer constructs a fence on the boundary or within the Proposed Lot it shall be constructed of either: (ii) 1.8m high BlueScope Colorbond zincalume panel fencing in Grey Ridge colour; or 1.8m high masonry of the same type, color and standard as masonry used in the dwelling unless otherwise approved by the Seller in writing. No dwelling constructed on the land may be occupied unless: (ii) a driveway is first constructed from the street kerb alignment to the garage of the dwelling which driveway shall not be less than 5m wide and constructed entirely of brick paving or exposed aggregate concrete; and a letter box is constructed on the Proposed Lot adjacent to the street frontage of the Proposed Lot made substantively out of the same materials as the dwelling. 7 Buyer s Initials.
ANNEXURE B SUBDIVISION PLAN 8 Buyer s Initials.
ANNEXURE C EARTHWORKS PLAN 9 Buyer s Initials.
ANNEXURE D EASEMENT PLAN 10 Buyer s Initials.
ANNEXURE E BOUNDARY FENCE PLAN 11 Buyer s Initials.
ANNEXURE F GST WITHHOLDING General 1. The sale of the Proposed Lot is a taxable supply of potential residential land, as defined in the GST Act and the GST Withholding Law applies to the sale of the Proposed Lot. 2. The Purchase Price is inclusive of GST. 3. The Seller is registered for GST. 4. The Buyer will not receive a Tax Invoice and the Seller is not obliged to provide one. 5. The Purchase Price of the Proposed Lot to be paid by the Buyer to the Seller under this Contract is the full amount of money form consideration and the amount of GST being withheld is applied as against the Purchase Price. Seller s Notice 6. The Seller hereby gives notice to the Buyer that: (a) the Buyer is required to make a payment to the Commissioner, pursuant to the GST Withholding Law in relation to the sale of the Proposed Lot; (b) the Sellers name is: Bestry Property Group Pty Ltd atf The Bestry Family Trust in partnership with A.J. Bestry & J.A. Bestry & P.A. Bestry & R.A. Bestry (c) the Sellers ABN is: 27 402 231 776 (d) the Sellers address is: 104 Outram Street WEST PERTH WA 6005 (e) the Margin Scheme applies to this Contract and the Buyer must, pursuant to the GST Withholding Law, withhold and pay to the Commissioner, an amount equal to 7% of the Purchase Price, being $ (GST Withholding Amount); and 7. The Buyer is not required to pay that part of the Purchase Price, which is equal to the GST Withholding Amount to the Seller at Settlement, but is required to pay that part to the Commissioner. Buyer s Obligations 8. The Buyer must lodge two separate notices with the Commissioner in the manner and form approved under the GST Withholding Law: (a) the first, as soon as possible after the Contract Date notifying the Commissioner of the transaction under this Contract and the GST Withholding Amount (Form 1); and (b) the second, notifying the Commissioner when Settlement is to occur (Form 2). 9. The Buyer is to use the information contained in clause 6(b) (e) above to complete the Form 1. 10. The Buyer must, no later than 5 business days before Settlement, provide to the Seller written notice, evidence of confirmation from the Commissioner that the Form 1 and Form 2 have been lodged and accepted by the Commissioner. Settlement 11. At Settlement, the following is to occur in respect to the GST Withholding Law: (a) (b) the Buyer or the Buyer s representative or agent must provide to the Seller a bank cheque made payable to the Commissioner for the GST Withholding Amount; and the Seller will collect the bank cheque from the Buyer at Settlement and arrange for payment of the GST Withholding Amount to the Commissioner immediately. 12. If the Purchase Price is payable by instalments then, the Buyer must pay the GST Withholding Amount on the date of the payment of the first instalment (excluding the Deposit) instead of at Settlement. Default 13. Failure by the Buyer to comply with his/her obligations under this this Annexure F will be treated as a Default of the Buyer s obligations under this Contract and clause 24 of the General Conditions will immediately apply. 12 Buyer s Initials.