Contract for the sale and purchase of land 201.8 edition · 2019-09-18 · 7979 and applies to a contract for the sale of residential property. The purchaser may rescind the contract

@2018 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012457

You can prepare your own version of pages I. - 3 of this contract. Except as permitted under the Copyright Act 1968 cothj or consented to by the copyright owners 11ncluding byway of guidelines issued from time to timej, no other part of this contract may be reproduced without the specific written permission of The Law Society of New South Wales and

The Real Estate institute of New South Wales.

Contract for the sale and purchase of land 201.8 editionvendor's agent

TERM

co- agent

vendor

MEANING OF TERM

O'Me ara Property

12 Stockton Street NELSON BAY NSW 2315

vendor's solicitor

1<ATIE SUSANNE BUXTON, GLENN DAVID BUXTON

301 93 Caddies Bvd ROUSE HILL NSW 2155

date for completion 42 days after the contract date

land 33/2 GowRiE AVE NELSON BAY Nsw 2315

IAddress, plan detailsand title reference)

AR Wa!msley & Co

Cnr Dight & George Street WINDSOR NSW 2756

improvements

eCOS ID: 54025670

LOT 331N STRATA PLAN 22158

attached copies

331SP22158

. VACANT POSSESSION

. HOUSE . gar^g^

. none . otherIZl documents in the List of Documents as marked or as numbered

. other documents

inclusions

A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property.

IÎ blinds 121 dishwasher 121 light fittings 1:21 stove

121 built-in wardrobes 121 fixed floor coverings 121 range hood . pool equipment

. clothes line IÎ insect screens . solar panels IÎ TV antenna

IZl curtains . other: inventory - Annexure A

NSW Duty:

Phone

exclusions

purchaser

I^ Subject to existing tenancies. carport IÎ home unit IÎ carspace

IClause 151

purchaser's solicitor

Fax

Ref

0249804400

0249841606

Barry Bissett

price

deposit

balance

Phone (02) 45770100

(02) 45774688

Ref LM:19970

Iea rine@arwalmsley. coma uEmail

Fax

contract date

buyer's agent

. storage space

vendor

. JOINT TENANTS . tone, ts in .. mm. "purchaser

BREACH OF COPYRIGHT MAY RESULTIN LEGAL ACTION

Fax

Ref

Email

(10% of the price, unless otherwise stated)

GST AMOUNT (optional)

The price includes

GST of: $

Phone

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

. in unequal shares19970

witness

54025670

witness

..

IÎ No . re,vendor agrees to accept a deposit-bond (clause 3)

IÎ YES. ".proposed electronic transaction (clause 301

Tax information Ithe parties promise this is correct as far as each party is aware)

. NO IZl re'land tax is adjustable

IÎ No . yerminlGST: Taxable supply

IÎ No . ,,,Margin scheme will be used in making the taxable supply

This sale is not a taxable supply because (one or more of the following may apply) the sale is

IÎ not made in the course or furtherance of an enterprise that the vendor carries on (section 9-51b)). by a vendor who is neither registered nor required to be registered for GST isertion 9-5(d)). GST-free because the sale is the supply of a going concern under section 38-325. GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-0. input taxed because the sale is of eligible residential premises (sections 40-65,40-75(21 and 195-11

IÎ NO . yes(if yes, vendor must providefurther details)

Purchaser must make an RWpoyment(residential withholding payment)

2

Choices

Supplier s name

Supplier's ABN:

Supplier's business address

Supplier's email address

Suppliers phone number:

Supplier's proportion of RWpoyment: $

If more than one supplier, provide the above details for each supplier

Amount purchaser must pay - price multiplied by the RWrote (residential withholding rate): $

Amount must be paid: . AT COMPLETION . at another time (specify)

Is any of the consideration not expressed as an amount in money? . NO . yes

If "yes", the GST inclusive market value of the non-monetary consideration: $

Other details Iincluding those required by regulation orthe ATO forms)

Frequently the supplier will be the vendor. However, sometimes further information will be required as to which entity isliable for GST, for example, if the vendor is part of a GST group or a participant in a GSTjoint venture

Land - 2018 edition

RWpoyment (residential withholding paymentI -further details

. Yes to an extent

If the further details below are not fully completed at the contract

date, the vendor must provide all these details in a separate noticewithin 1.4 days of the contract date

BREACH OF COPYRIGHT MAY RESULTIN LEGALACTION 19970 54025670

General

IÎ I property certificate for the landIÎ 2 plan of the land. 3 unregistered plan of the land. 4 plan of land to be subdivided. 5 document that is to be lodged with a relevant plan

section 10.7(21 planning certificate under EnvironmentalI^16Planning and Assessment Act 1979additional information included in that certificate under.7section 10.7(51sewerage infrastructure location diagram (service locationI^18diagram)

. 9 sewer lines location diagram (sewerage service diagram)document that created or may have created an easement,11Zj 10profit a prendre, restriction on use or positive covenantdisclosed in this contract

. 1.1 pionning ogreement

. 12 section 88G certificate (positive covenant)

. 13 survey reportbuilding information certificate or building certificate given. 14under legislotion

. 15 lease (with every relevant memorandum or variation)

. 1.6 other document relevant to tenancies

. 17 licence benefiting the land

. 18 old system document

. 19 Crown purchase statement of account

. 20 building management statement

. 21 form of requisitions

. 22 cleoronce cert"cote

. 23 land tax certificate

Home Building ACL 1989

. 24 insurance certificate

. 25 brochure or warning

. 26 evidence of alternative indemnity cover

Swimming Pools Act 1992

IZ1 27 certificate of complianceIÎ 28 evidence of registration. 29 relevant occupation certificate. 30 certificate of non-compliance. 31 detailed reasons of non-compliance

3

List of Documents

Strata or community title IClause 23 of the contract)

IÎ 32 property certificate for strata common property121 33 plan creating strata common property121 34 strata by-laws. 35 strata development contract or statement. 36 strata management statement. 37 strata renewal proposal. 38 strata renewal plan. 39 leasehold strata -lease of lot and common property. 40 property certificate for neighbourhood property. 41 plan creating neighbourhood property. 42 neighbourhood development contract. 43 neighbourhood management statement. 44 property certificate for precinct property. 45 plan creating precinct property. 46 precinct development contract. 47 precinct management statement. 48 property certificate for community property. 49 plan creating community property. 50 community development contract. SL community management statement. 52 document disclosing a change of by-laws. 53 document disclosing a change in a development or

management contract or statement

. 54 document disclosing a change in boundaries

. 55 information certificate under Strata Schemes ManagementAct 2015

. 56 information certificate under Community Land ManagementAct L989

. 57 document relevant to off-the-plan sale

Land - 201.8 edition

Port Stephens Strata Ph: (02) 49813788

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

Other

. 58


Angela. Freeman@strataplus. comau

19970 54025670

IMPORTANT NOTICE To VENDORS AND PURCHASERSunderstandshould ensure thatsigning this contractB efo re youryouyou

rights and obligations, some of which are not written in this contract but areimplied by law.

WARNING-SMOKE ALARMS

The owners of certain types of buildings and strata lots must 'have smokealarms (or in certain cases heat alarms) installed in the building or lot inaccordance with regulations under the Environmental Planning andAssessment Act 1979. it is an offence not to comply. it is also an offence toremove or interfere with a smoke alarm or heat alarm. Penalties apply.

4

WARNING-LOOSE-FILL ASBESTOS INSULATION

Before purchasing land that includes any residential premises (within themeaning of Division IA of Part 8 of the Home Building Act 7989) built before1985, a purchaser is strongly advised to consider the possibility that thepremises may contain loose-fill asbestos insulation (within the meaning ofDivision IA of Part 8 of the Home BUMding Act. 7989). in particular, a purchasershould:

(a) search the Register required to be, maintained under Division IA of Part8 of the Home Building Act 7989, , and

(b) ask the relevant local council whether it holds any records showing thatthe residential premises contain"loose-fill asbestos insulation.

For further information about loose'-fill asbestos insulation (including areas inwhich residential premises have' been identified as containing loose-fillasbestos insulation), contact NSW Fair Trading.

Land - 20.8 edition

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BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 5402567t

I.COOLING OFF PERIOD (PURCHASER'S RIGHTS)

This is the statement required by section 66X of the Conveyancing Act7979 and applies to a contract for the sale of residential property.

The purchaser may rescind the contract at any time before 5 p. in. onthe fifth business day after the day on which the contract was made,EXCEPT in the circumstances listed in paragraph 3.

There is NO COOLING OFF PERIOD:

(a) if, at or before the time the contract is made, the purchaser givesto the vendor (or the vendor's solicitor or agent) a**certificate thatcomplies with section 66W of the Act, or

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

offered for sale by public auction but passed in, or(d) if the contract is made in consequence of the exercise of an

option to purchase the property, other th~an an option that is voidunder section 66ZG of the Act.

A purchaser exercising the right to cool'. off by rescinding the contractwill forfeit to the vendor 0.25% of the purchase price of the property.The vendor is entitled to recover the amount forfeited from any amountpaid by the purchaser as a depositUnder the contract and thepurchaser is entitled to a refund of. any balance.

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3.

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Land - 2018 edition

DISPUTES

if you get into a dispute with the other party, the Law Society and Real EstateInstitute encourage you to use informal procedures such as negotiation,independent expert appraisal, -the Law Society Conveyancing DisputeResolution Scheme or mediation (for example mediation under the LawSociety Mediation Program).

AUCTIONS

Regulations made, under the Property, Stock and Business Agents Act 2002prescribe a number of conditions applying to sales by auction.

o

o


I.

WARNINGS

Various Acts of Parliament and other matters can affect the rights of the parties to thiscontract. Some important matters are actions, claims, decisions, licences, notices,orders, proposals or rights of way involving:

NSW Fair TradingAustralian Taxation Office

NSW Public Works AdvisoryCouncil

Office of Environment and HeritageCounty CouncilDepartment of Planning and Environment Owner of adjoining landDepartment of Primary Industries Privacy

Roads and Maritime ServicesEast Australian Pipeline LimitedSubsidence Advisory NSWElectricity and gas

Land & Housing Corporation Telecommunications

Local Land Services Transport for NSWWater, sewerage or drainage authorityNSW Department of Education

if you think that any of these matters affects the property, tell your solicitor.

A lease may be affected by the Agricultural Tenancies Act 1990, the ResidentialTenancies Act 204 0 or the Retail Leases Act I 994.

it any purchase money is owing to the Crown, it will become payable before obtainingconsent, or if no consent is needed, when the transfer is registered.

it a consent to transfer is required under legislation, see clause 27 as to the obligationsof the parties.

The vendor should continue the vendor's insurance until completion. If the vendorwants to give the purchaser possession before completion, the vendor should first askthe insurer to confirm this will not affect the insurance.

The purchaser will usually have to pay stamp duty (and sometimes surchargepurchaser duty) on this contra'ct. it duty is not paid on time, a purchaser may incurpenalties.

If the purchaser agrees to the release of deposit, the purchaser's right to recover thedeposit may stand behind the rights of others (for example the vendor's mortgagee).

The purchaser should arrange insurance as appropriate.

Some transactions involving personal property may be affected by the PersonalProperty Securities Act 2009.

A purchaser should be satisfied that finance will be available at the time of completingthe purchase.

Where the market value of the property is at or above a legislated amount, thepurchaser may have to comply with a foreign resident capital gains withholdingpayment obligation (even if the vendor is not a foreign resident). If so, this will affectthe amount available to the vendor on completion.

Purchasers of some residential properties may have to withhold part of the purchaseprice to be credited towards the GST liability of the vendor. if so, this will also affectthe amount available to the vendor.

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Land - 2018 edition

6.

7.

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9.

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^

I2.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 54,25671

Land - 2018 edition

The vendor sells and the purchaser buys the property for the price under these provisions instead of Schedule 3Conveyancing Act 1919, subject to anylegislatibn that cannot be excluded

Definitions (a term in italics is a defined term)In this contract, these terms (in any form) mean -

the earlier of the giving of possession to the purchaser or completion;ad^^1stmerit datebank the Reserve Bank of Australia or an authorised deposit-taking institution which is a

bank, a building society or a credit union;any day except a bank or public holiday throughout NSW or a Saturday or Sunday;a cheque that is not postdated or stale;a certificate within the meaning of SI4-220 of Schedule I to the TAAct, thatcovers one or more days falling within the period from and including the contractdate to completion;a deposit bond or guarantee from an issuer, with an expiry date and for an amounteach approved by the vendor;vendor's agent (or if no vendor's agent is named in this contract, the vendor'ssolicitoi; or if no vendor's solidtor is named in this contract, the buyer's agent);document relevant to the title or the passing of title;the percentage mentioned in SI4-200(3)(a) of Schedule I to the TA Act (12.5% asat , July 2017);A New Tax System (Goods and Services Tax) Act 1999;the rate mentioned in s4 of A New Tax System (Goods and Services Taximposition - General) Act1999 (10% as all July 2000);an Act or a by-law, ordinance, regulation or rule made under an Act;subject to any other provision of this contract;each of the vendor and the purchaserthe land, the improvements, all fixtures and the inclusions, but not the exclusions Ia valid voluntary agreement within the meaning of s7.4 of the EnvironmentalPlanning and Assessment Act 1979 entered into in relation to the property, 'an objection, question or requisition (but the term does not include a claim);the lesser of the FRCGWpercentage of the price (inclusive of GST, if any) and theamount specified in a variation served by a partyrescind this contract from the beginning;a payment which the purchaser must make under SI4-250 of Schedule I to the TAAct (the price multiplied by the RW rate);the rate determined under ss14-250(6), (8) or (9) of Schedule I to the TA Act (asat I July 2018, usually 7% of the price if the margin scheme applies, I'llh if not);

serve in writing on the other party;an unendorsed cheque made payable to the person to be paid and -. issued by a' bank and drawn on itself; or. if authorised in writing by the vendor or the vendor's solidtor. some other

cheque;in relation to a party, the party's solicitor or licensed conveyancer named in thiscontract or in a notice served by the party;Taxation Administration Act 1953;terminate this contract for breach;a variation made under SI4-235 of Schedule I to the TA Actin relation to a period, at any time before or during the period; anda valid direction, notice or order that requires work to be done or money to bespent on or in relation to the property or any adjoining footpath or road (but theterm does notinclude a notice under s22E of the Swimming Pools Act1992 orclause 18B of the Swimming Pools Regulation 2008)

Deposit and other payments before completionThe purchaser must pay the deposit to the depositholderas stakeholderNoonally, the purchaser must pay the deposit on the making of this contract, and this time is essentialIf this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.The purchaser can pay any of the deposit by giving cash (up to $2,000) or by unconditionally giving a cheqtieto the depositholder or to the vendor, vendor's agent or vendor's sol^îtor for sending to the depositholder.If any of the deposit is not paid on time or a cheque for any of the deposit is not honoured on presentation,the vendor can terminate. This right to terminate is lost as soon as the deposit is paid in full.If the vendor accepts a bond or guarantee for the deposit, clauses 2.1 to 2.5 do not applyIf the vendor accepts a bond or guarantee for part of the deposit, clauses 2.1 to 2.5 apply only to the balance.

business daychequeclearance certificate

deposit-bond

depositholder

7

document of title

FRCGWpercentage

GSTActGSTrate

legislatibnnormallypartypropertyplanning agreement

requisitionremittance am o11nt

rescihd

RW payment

RW rate

serve

settlement cheque

sotoitor

TA Actterminate

vanatibn

withIh

work order

2

2.1

2.2

2.3

2.4

2.5

2.6

27

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 5402567i

2.8

Land - 20.8 edition

If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendordirects, it is a charge on the land in favour of the purchaser until termination by the vendor or completion,subject to any existing right.if each party tells the depositholderthat the deposit is to be invested, the depositholderis to invest the deposit(at the risk of the party who becomes entitled to 10 with a bank, in an interest-bearing account in NSW, payableat call, with interest to be reinvested, and pay the interest to the parties equally, after deduction of all propergovernment taxes and financial institution charges and other charges

Deposit-bond .*This clause applies only if this contract says the vendor has agreed to accept a deposit-bohd for the deposit(or part of '"The purchaser in ust provide the original deposit-bond to the vendor's solidlor (or if n^ Solicitor thedepositholder) at or before the making of this contract and this time is essential. ,,..-: .-.-*it the deposit-bond has an expiry date and completion does not occur by the date. which;is 14 days before theexpiry date, the purchaser must serve a replacement deposit-bond at least 7 days'before the expiry date. Thetime for service is essential. ,. .-::. ;.The vendor must approve a replacement deposit-bond if - ...,- I. ""*,3.41 it is from the same issuer and for the same amount as the earlier deposit-bond, ' and

it has an expiry date at least three months after its date of issue, _.,.3.42

A breach of clauses 3.2 or 3.3 entitles the vendor to terminate. The right to~'terminate is lost as soon as -the purchaser selves a replacement deposit-bond; or3.51

3.52 the deposit is paid in full under clause 2. "~~~~"+Clauses 3.3 and 3.4 can operate more than once. ".,;"'If the purchaser selves a replacement deposit-bond, the vendor must:Serve the earlier deposit-bond.The amount of any deposit-bond does not form part of the price jot. the purposes of clause 16.7.The vendor must give the purchaser the deposit-bond - ~ ',-^,,39.1 on completion; or "'r:: ~3.92 if this contract is rescinded. .."'~ I;."'If th' t t ' t t d b th d - ...',.,--"'If this contract is terminated by the vendor - ... ',.,.-."

normally, the vendor can immediately dema'n. d'p. ayment from the issuer of the deposit-bond; or3.1 0.1

if the purchaser selves prior to termination a notice disputing the vendor's right to terminate, the3.1 02

vendor must forward the deposit-bond (Of its proceeds if called up) to the depositholder asstakeholder. .,,,. I"

If this contractis terminated by the purchaser-.. ~'.'-- 'normally, the vendor must give the p*Orchaser the deposit-bond; or341.1

if the vendor selves prior to terminalIbn a notice disputing the purchaser's right to terminate, the3.1 1.2

vendor must foiward the depositb. Ond (or its proceeds if called up) to the depositholder asstakeholder.

2.9

3

3.1

3.2

3.3

3.4

3.5

8

3.6

3.7

3.8

3.9

3.10

3.11

4

4.1

Transfer

Normally, the purchaser must serve at least 14 days before the date for completion -4.11 the form of transfer; and".,-'

particulars required toregister any mortgage or other dealing to be lodged with the transfer by4.12

the purchaser or the purchaser's mortgagee.If any information needed for the form of transfer is not disclosed in this contract, the vendor must serve itif the purchaser selves a form--Oftensfer and the transferee is not the purchaser, the purchaser must givethe vendor a direction signed by the purchaser personally for this form of transfer.The vendor can require the purchaser to include a form of covenant or easement in the transfer only if thiscontract contains the wording of the proposed covenant or easement, and a description of the land benefited.

RequisitionsIf a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitibnsIf the purchaser-is or'becomes entitled to make any other requisitibii, the purchaser can make it only byserving it - ,- .... *52.1 if it*arises out of this contract or it is a general question about the prope^/ or title - within 21 days

after'the contract date;if it arises out of anything served by the vendor - within 21 days after the later of the contractdate and that service; andin any other case - within a reasonable time5.23

Error or misdescriptionThe purchaser can (but only before completion) claim compensation for an error or misdescription in thiscontract (as to the property, the title or anything else and whether substantial or not)This clause applies even if the purchaser did not take notice of or rely on anything in this contract containingor giving rise to the error or misdescription.However, this clause does not apply to the extent the purchaser knows the true position.

4.2

4.3

I,

4.4

5

5.1

5.2

*

.,,..-

5.22

66.4

6.2

6.3


7 Claims by purchaserThe purchaser can make a claim (including a claim under clause 6) before completion only by servihg it with astatement of the amount claimed, and if the purchaser makes one or more claims before completion -the vendor can rescind if in the case of claims that are not claims for delay -

the total amount claimed exceeds 5% of the price;7.1 .I

the vendor selves notice of intention to rescind; and7.1.2

the purchaser does not serve notice waiving the claims within I4 days after that service; and7.1.3

if the vendor does not rescind. the parties must complete and if this contract is completed 7' ,7.21 the lesser of the total amount claimed and , 0% of the price must be paid out of the price to and

held by the depositholder until the claims are finalised or lapse;the amount held is to be invested in accordance with clause 2.9;72.2

the claims must be final ised by an arbitrator appointed by the parties or. Iran appointment is not72.3

made WIThin I month of completion, by an arbitrator appointed by the Presid^tit of the Law Societyat the request of a party (in the latter case the padres are bound by the, terms of the ConveyancingArbitration Rules approved by the Law Society as at the date of the, 61^pothtment);the purchaser is not entitled, in respect of the claims, to more thanth. ^.'total amount claimed andthe costs of the purchaser; ,',, """ Inet interest on the amount held must be paid to the parties in theSame proportion as the amountheld is paid ; andif the padres do not appoint an arbitrator and neither party requests the President to appoint anarbitrator within 3 months after completion, the claims lapse andthe amount belongs to the vendor

Vendor's rights and obligationsThe vendor can rescind if -

the vendor is, on reasonable grounds, unable or unwillihg'to comply with a requisition;81.1

the vendor selves a notice of intention to rescindtbatSpecifies the requisilibn and those8.12

grounds; andthe purchaser does not serve a notice waiving the jequisition within 14 days after that service.81.3

If the vendor does not comply with this contract (or a nQtiê'. qhder or relating to it) in an essential respect, thepurchaser can terminate by serving a notice. After the for!nihation -

the purchaser can recover the deposit and any other money paid by the purchaser under this8.21

contract;

the purchaser can sue the vendor to recover damages for breach of contract and82.2

if the purchaser has been in possessiona party can claim for a reasonable adjustment.82.3

Purchaser's default

if the purchaser does not comply with this qontract (or a notice under or relating to 10 in an essential respect,the vendor can terminate by serving a nQtice, .After the termination the vendor can -keep or recover the deposit (to a maximumî , 0% of the price);hold any other money paid by the purchaser under this contract as security for anything recoverable underthis clause -

for 12 months after the term!hailon; or9.21

if the vendor coinmen(;'es proceedings under this clause within 12 months, untilthose9.22

proceedings are cohqlUded; andsue the purchaser either - "'.. "..93.1 where the vendor has resold the property under a contract made within 12 months after the

terminatibn, tote, cover -

the deficiency on resale (with credit for any of the deposit kept or recovered and after allowancefor any'qapital gains tax or goods and services tax payable on anything recovered under thisclause);. and

. the'.!easonable costs and expenses arising out of the purchaser's non-compliance with thisc^nitabt or the notice and of resale and any attempted resale; or

to reeoVei damages for breach of contract9.32

Restrictions on. rights of purchaserThe purchaser""cannot make a claim or requisition or rescind or terminate in respect of -10.1. I the ownership or location of any fence as defined in the Dividing Fences Act 1991 I

a service for the property being a joint service or passing through another property, or any service101.2

for another property passing through the property ('service' includes air, communication, drainage,electricity, garbage, gas, oil, radio, sewerage, telephone, television or water service);a wall being or not being a party wall in any sense of that term or the property being affected byan easement for support or not having the benefit of an easement for support;any change in the property due to fair wear and tear before completion;

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7.2

72.4

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8.1

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Land - 20.8 edition

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9.2

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10.14

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 54025671

10.15

I0.16

10.17

10.18

Land - 2018 edition

a promise, representation or statement about this contract, the property or the title, not set out orreferred to in this contract;a condition, exception, reservation or restriction in a Crown grant;the existence of any authority or licence to explore or prospect for gas, minerals or petroleum;any easement or restriction on use the substance of either of which is disclosed in this contractor any non-compliance with the easement or restriction on use; oranything the substance of which is disclosed in this contract (except a caveat, charge, mortgage,

10.2

10.3

10.19

priority notice or writ).The purchaser cannot rescind or tenninate only because of a defect in title to or quality of tê'inclusions.Normally, the purchaser cannot make a claim or requisition or rescii7d or terminate or require the vendor to

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11.1

change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualifiedtitle, or to lodge a plan of survey as regards limited title)

Compliance with work ordersNormally, the vendor must by completion comply with a work order made on or b. efo. re the contract date andif this contract is completed the purchaser must comply with any other work ordej\. "If the purchaser complies with a work order, and this contract is rescinded or, refillihated, the vendor mustpay the expense of compliance to the purchaser. '-. ' ,:'

Certificates and inspectionsThe vendor must do everything reasonable to enable the purchaser, subject'to the rights of any tenant -to have the property inspected to obtain any certificate or report reasonably required;to apply Of necessary in the name of the vendor) for -

any certificate that can be given in respect of the property'^rider legislation; orI2.21

a copy of any approval, certificate, consent, direction, .. hotice or order in respect of the propertyI2.22

given under legis/atIbn, even if given after the contract date; andto make I inspection of the property in the 3 days before a time, appointed for completion

Goods and services tax (GST)Terms used in this clause which are not defined elsewhere in this contract and have a defined meaning in theGSTAct have the same meaning in this clauseNormally, if a party must pay the price or any other amountto the other party under this contract, GST is notto be added to the price or amount.If under this contract a party must make an adjustment*Or payment for an expense of another party or pay anexpense payable by or to a third party (for example;, Uhder clauses 44 or 20.7) -..-.~-- .

the party must adjust or pay on completion any GST added to or included in the expense; butI33.1

the amount of the expense must be reduced to the extent the party receiving the adjustment orI33.2

payment (or the representative member of a GST group of which that party is a member) is entitledto an input tax credit for the expense; andif the adjustment or payment un^6r this contract is consideration for a taxable supply, an amountI3.33

for GST must be added at theGSTrate.

If this contract says this sale is the supply of a going concern -the parties agree the supply Of the property is a supply of a going concern;I34.1

the vendor must, between'the contract date and completion, carry on the enterprise conductedI3.42

on the land in a proper and business-like way;if the purchaser is*not registered by the date for completion, the parties must complete and thepurchaser must. p^y'On completion, in addition to the price, an amount being the price multipliedby the GST rate'ithe retention sum"). The retention sum is to be held by the depositholder anddealt with as. follows -

. if within 3, months of completion the purchaser selves a letter from the Australian Taxation Officestating 'the-purchaser is registered with a date of effect of registration on or before completion,the-depositholderis to pay the retention sum to the purchaser; but

. if the purchaser does not serve that letter within 3 months of completion, the depositholder is toPay the retention sum to the vendorj and

if the'vendor, despite clause 13.41, selves a letter from the Australian Taxation Office stating thevetldor has to pay GST on the supply, the purchaser must pay to the vendor on demand theamount of GST assessed.

Normally, the vendor promises the margin scheme will not apply to the supply of the propertyif this contract says the margin scheme is to apply in making the taxable supply, the parties agree that themargin scheme is to apply to the sale of the propertyIf this contract says the sale is not a taxable supply -

the purchaser promises that the property will not be used and represents that the purchaser does13.71

not intend the property (or any part of the property) to be used in a way that could make the salea taxable supply to any extent; and

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the purchaser must pay the vendor on completion in addition to the price an amount calculatedby multiplying the price by the GST rate if this sale is a taxable supply to any extent because of -

. a breach of clause 137.1; or

. something else known to the purchaser but not the vendorIf this contract says this sale is a taxable supply in full and does not say the margin scheme applies to theproperty, the vendor must pay the purchaser on completion an amount of one-eleventh of the price if -

this sale is not a taxable supply in full; orI38.1

the margin scheme applies to the property (or any part of the property)I38.2

If this contract says this sale is a taxable supply to an extent -clause 13.71 does not apply to any part of the property which is identified as being a taxableI39.1

supply; and ;, I-~;the payments mentioned in clauses I3.7 and 13.8 are to be recalculated by itujtiplying the relevantI39.2

payment by the proportion of the price which represents the value of that part of the property towhich the clause applies (the proportion to be expressed as a number**between O and I). Anyevidence of value must be obtained at the expense of the vendor. - .,:,,*

Normally, on completion the vendor must give the recipient of the supply a ta;<~invoice for any taxable supplyby the vendor by or under this contract. -.:.~,,.'The vendor does not have to give the purchaser a tax invoice if the marginscheme applies to a taxablesupplyit the vendor is liable for GST on rents or profits due to issuing an in vote:e or receiving consideration beforecompletion, any adjustment of those amounts must exclude an amQFint equal to the vendor's GST liabilityIf the purchaser must make an RWpayment the purchaser must - '. I. I"*'

at least 5 days before the date for completion, serve. eVjde'hce of submission of an RWpayment13.13. I

notification form to the Australian Taxation Office by the purchaser or. if a direction under clause4.3 has been served, by the transferee named in tht^-transfer served with that direction;, .-, -

produce on completion a settlement cheque for to^;.'RWpayment payable to the DeputyCommissioner of Taxation; ,' 'forward the settlement cheque to the payee immediately after completion; andserve evidence of receipt of payment of the ~I^, it payment.

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Adjustments . ' *.,,.:.Normally, the vendor is entitled to the rents and -^10fits and will be liable for all rates, water, sewerage anddrainage service and usage charges, land tax, levies. "and all other periodic outgoings up to and including theadj'us tment date after which the purchaser will bel^:htitled and liable.The parties must make any necessary adjustment On completion.14.2

14.3

14.4

If an amount that is adjustable under this c^'ntraCt has been reduced under legislation, the parties must oncompletion adjust the reduced amount. '. "The parties must not adjust surchargelandtaX (as defined in the Land Tax Act 1956) but must adjust anyother land tax for the year current at the ^Crustment date -

only if land tax has been;paid br is payable for the year (whether by the vendor or by a14.41

predecessor in title) and. this^ contract says that land tax is adjustable;by adjusting the amou:ht. !hat would have been payable if at the start of the year -. the person who-Own'6d the land owned no other land;. the land was riotsubject to a special trust or owned by a non-concessional company; and. if the land (or part of it) had no separate taxable value, by calculating its separate taxable

value on a' proportional area basis.If any other amount that is, adjustable under this contract relates partly to the land and partly to other land, theparties in ust adjust it, 'On~a~proportional area basisNormally. the vendor Can' direct the purchaser to produce a settlement cheque on completion to pay anamount adjustabl^ Under this contract and if so -146.1 the amount is to be treated as if it were paid; and

the;cheque must be forwarded to the payee immediately after completion (by the purchaser if the14.62

oheqLie relates only to the property or by the vendor in any other case)If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before theadyustment date, the vendor is liable for an amount calculated by dividing the bill by the number of days in theperiod then multiplying by the number of unbilled days up to and including the adjtistmentdateThe vendor is liable for any amount recoverable for work started on or before the contract date on theproperty or any adjoining footpath or road.

Date for completionThe parties must complete by the date for completion and, if they do not, a party can serve a notice tocomplete if that party is othe!wise entitled to do so

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Completion. Vendor

On completion the vendor must give the purchaser any document of title that relates only to the property.If on completion the vendor has possession or control of a documeiTt of title that relates also to otherproperty, the vendor must produce it as and where necessary.Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple)to pass to the purchaser free of any mortgage or other interest, subject to any necessary registration.The legal title to the property does not pass before completionIf the vendor gives the purchaser a document (other than the transfer) that needs to be IQd. g'ed forregistration, the vendor must pay the lodgement fee to the purchaser, plus another 20%,!if that fee.If a party serves a land tax certificate showing a charge on any of the land, on coinpletioh'the vendor mustgive the purchaser a land tax certificate showing the charge is no longer effective agînstthe land.. Purchaser

On completion the purchaser must pay to the vendor, by cash (up to $2,000) or settlement cheque-the price less any16.71

o deposit paid;

. remittance amount payable;

. RWpayment; and

. amount payable by the vendor to the purchaser under this contract; and16.72 any other amount payable by the purchaser under this contract;If the vendor requires more than 5 settlement cheques, the vendor trillst'pay $1 0 for each extra chequeit any of the deposit is not covered by a bond or guarantee, on completion the purchaser in ust give the vendoran order signed by the purchaser authorising the depositholdertO"account to the vendor for the deposit.

16.10 On completion the deposit belongs to the vendor. Place for completion _. ".,. .

16.11 Normally, the padres must complete at the completion addjesSj which is -if a special completion address is stated in this CIOntract - that address; or16/11

if none is stated, but a first mortgagee is disclQ'$ed in this contract and the mortgagee would16/12

usually discharge the mortgage at a particularplace - that place; or16.11.3 in any other case - the vendor's solicito/s. address stated in this contract.

16.12 The vendor by reasonable notice can require coinpletiOh at another place, if it is in NSW, but the vendor mustpay the purchaser's additional expenses, including:any agency or mortgagee fee.If the purchaser requests completion at a place that is not the completion address, and the vendor agrees,the purchaser must pay the vendor's additiQhal expenses, including any agency or mortgagee feePossession , *.Normally, the vendor must give the purchaser vacant possession of the property on completion.The vendor does not have to give vacd'hip6ssession if -

this contract says that the sale is subject to existing tenancies I andI72.1

I7.22 the contract discloses the, provisions of the tenancy (for example, by attaching a copy of thelease and any relevatytnif^morandum or variation).

Nonna/Iy. the purchaser can qlaim- compensation (before or after completion) or rescind if any of the land isaffected by a protected tenancy:(a, tenancy affected by Part 2,3.4 or 5 Landlord and Tenant (Amendment) Act1948). '-:: *::-

Possession before completionThis clause applies only"if the vendor gives the purchaser possession of the property before completionThe purchaser must not*-before completion -

let or part With ~possession of any of the propertyI82.1

make any change or structural alteration or addition to the property, ' orI8.22

contraVeh6any agreement between the padres or any direction, document, legislatibn. notice or18.23

order, affecting the property18.3 The purchaser must until completion -

keep, :the property in good condition and repair having regard to its condition at the giving ofI8.31

possession; andallow the vendor or the vendor's authorised representative to enter and inspect it at allreasonable times

The risk as to damage to the property passes to the purchaser immediately after the purchaser enters intopossession.

If the purchaser does not comply with this clause, then without affecting any other right of the vendor -the vendor can before completion, without notice, remedy the non-compliance; andI8.51

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BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 5402567f

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if the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interestat the rate prescribed under SIOi Civil Procedure Act 2005.

If this contract is rescinded or terminated the purchaser must immediately vacate the propertyif the parties or their sol^triors on their behalf do not agree in writing to a fee or rent, none is payable.

Rescission of contract

If this contract expressly gives a party a right to rescind, the party can exercise the right -19.11 only by serving a notice before completion; and

in spite of any making of a claim or requisition, any attempt to satisfy a claim orrequisilibn, any191.2

arbitration, litigation, mediation or negotiation or any giving or taking of possession. ;Normally, if a party exercises a right to rescind expressly given by this contract or any ledSlation -

the deposit and any other money paid by the purchaser under this contracthi'Ust be refunded;19.21

a party can claim for a reasonable adjustment if the purchaser has been Ih possession;19.22

a party can claim for damages, costs or expenses arising out of a breach of this contract; andI92.3

a party will not otherwise be liable to pay the other party any damages. , costs or expensesI92.4

Miscellaneous

The parties acknowledge that anything stated in this contract to be attached Was:^!ttached to this contract bythe vendor before the purchaser signed it and is part of this contract.Anything attached to this contract is part of this contract.An area, bearing or dimension in this contract is only approximate. ;.If a party consists of 2 or more persons, this contract benefits and bindsfhem separately and together.A party's softcilor can receive any amount payable to the party under this contract or direct in writing that it isto be paid to another person.A document under or relating to this contract is - ...,,:" 1120.61 signed by a party if it is signed by the party or the party!S Solicitor (apart from a direction under

clause 4.3); .:-;..,.::;;served if it is served by the party or the party's solicitoc20.62

served if it is served on the party's solicitor, even ifê party has died or any of them has died ;206.3

served if it is served in any manner provided inst70 of the Conveyancing Act 1919;206.4

served if it is sent by email or fax to the party's, $011erlor, unless in either case it is not received;20.65

served on a person if it (or a copy of 10 comes into the possession of the person; and20.66

served at the earliest time it is served, if iris Served more than once.206.7

An obligation to pay an expense of another party of~doing something is an obligation to pay-if the party does the thing personally. ,-the reasonable cost of getting someone else to do it; or207.1

if the party pays someone else to do the thing - the amount paid, to the extentit is reasonable20.72

Rights under clauses 11,13,14,17,24.30-ând 31 continue after completion, whether or not other rightscontinue

The vendor does not promise, represent* Orstate that the purchaser has any cooling off rights.The vendor does not promise, represeh!'(>rstate that any attached survey report is accurate orcurrent.A reference to any legislation (including any percentage or rate specified in legislation) is also a reference toany corresponding later legislatibn, - ,,-'~ .Each party must do whatever is neC<^sSary after completion to carry out the party's obligations under thiscontract. ....*; . ., ;,'-,

Neither taking possession nor Serving a transfer of itself implies acceptance of the property or the titleThe details and information -provided in this contract (for example, on pages I - 3) are, to the extent of eachparty's knowledge, true, and. are part of this contract.Where this contract provides. for choices, a choice in BLOCK CAPITALS applies unless a different choice ismarked. .."^ --.._^". .

Time limits in these'pr'^. visionsif the time for something to be done or to happen is not stated in these provisions, it is a reasonable timeIf there are confli^ting-times for something to be done or to happen, the latest of those times applies.The time for one thin'g to be done or to happen does not extend the time for another thing to be done or tohappen. .. . .,if the time for Something to be done or to happen is the 29th, 30th or 31st day of a month, and the day doesnot exist, the tithe is instead the last day of the month.if the time for something to be done or to happen is a day that is not a business day, the time is extended tothe next business day, except in the case of clauses 2 and 3.2Normally, the time by which something must be done is fixed but not essential

Foreign Acquisitions and Takeovers Act 1975The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited thetransfer under the Foreign Acquisitions and Takeovers Act 1975.This promise is essential and a breach of it entitles the vendor to terminate.

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Strata or community title. Definitions and modifications

This clause applies onlyif the land (or part of 10 is a lot in a strata, neighbourhood, precinct or communityscheme (or on completion is to be a lot in a scheme of that kind)In this contract -

'change', in relation to a scheme, means -232.1

. a registered or registrable change from by-laws set out in this contract;

. a change from a development or management contract or statement set out-:in. this contract;or

. a change in the boundaries of common property;'common property' includes association property for the scheme or any high. ersCheme;bontribution' includes an amount payable under a by-law;information certificate' includes a certificate under SI84 Strata Scheme's Management Act 2015and s26 Community Land Management Act 1989; .. ": 'information notice' includes a strata information notice under s22. Stre!!a'Schemes ManagementAct 2015 and a notice under s47 Community Land Management, Adj1^89;'normal expenses', in relation to an owners corporation for a. .. scheme, means normal operatingexpenses usually payable from the administrative fund of an owners corporation for a scheme ofthe same kind;bwners corporation' means the owners corporation or the'assbciation for the scheme or anyhigher scheme; ~:";' .-the property includes any interest in common propertyfo, the scheme associated with the lot;and

'special expenses', in relation to an owners corporaliQn, means its actual, contingent or expectedexpenses, except to the extent they are -

. normal expenses;

. due to fair wear and tear;

. disclosed in this contract: or

. covered by moneys held in the capital works fund.Clauses 11.14.8 and 18.4 do not apply to an obiig'^ticn of the owners corporation, or to property insureble by.. ..

Clauses 144.2 and 14.5 apply but on a unit entitleth~ent basis instead of an area basis.. Adjustments and liability for expensesThe parties must adjust under clause 14.1. +. :.

a regular periodic contribution, ; ':*.23.51

a contribution which is not areÛl'ar periodic contribution but is disclosed in this contract; and23.52

on a unit entitlement basis, any~amount paid by the vendor for a normal expense of the owners235.3

corporation to the extentthe o'Wners corporation has not paid the amount to the vendor.If a contribution is not a regular periodiccontribution and is not disclosed in this contract -236.1 the vendor is liable fQj'it litwas determined on or before the contract date. even if it is payable

by instalments; and;' I'.."23.62 the purchaser is liable for all contributions determined after the contract date.The vendor must pay or allowt6:the purchaser on completion the amount of any unpaid contributions forwhich the vendoris liable*Under clause 236.4.Nomially, the purchasercanbot make a claim or requisilibn or rescind or terminate in respect of -

an existing or. future actual, contingent or expected expense of the owners corporation;238.1

a proportional, Unit entitlement of the lot or a relevant lot or former lot, apart from a claim under23.82

clause 61 of 'a past'or. future change in the scheme or a higher scheme.238.3

However, the pureha'ser can rescind if -23.91 th. : "." I fth t' tth I t fth td t d h t'23.91 the'-special expenses of the owners corporation at the later of the contract date and the creation

of thebwners corporation when calculated on a unit entitlement basis (and, if more than one lot ora higher scheme is involved. added together), less any contribution paid by the vendor, are morethan I% of the price;in the case of the lot or a relevant lot or former lot in a higher scheme -

. a proportional unit entitlement for the lot is not disclosed in this contract; or

. a proportional unit entitlement for the lot is disclosed in this contract but the lot has a differentproportional unit entitlement at the contract date or at any time before completion;

a change before the contract date or before completion in the scheme or a higher schemesubstantially disadvantages the purchaser and is not disclosed in this contract; or

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a resolution is passed by the owners corporation before the contract date or before completion togive a strata renewal plan to the owners in the scheme for their consideration and there is notattached to this contract a strata renewal proposal or the strata renewal plan

. Notices, certificates and inspections23.10 The purchaser must give the vendor 2 copies of an information notice addressed to the owners corporation

and signed by the purchaserThe vendor must complete and sign I copy of the notice and give it to the purchaser on completionEach party can sign and give the notice as agent for the other. ,The vendor must serve an information certificate issued after the contract date in relation tdthe. lot, thescheme or any higher scheme at least 7 days before the date for completion

23.14 The purchaser does not have to complete earlier than 7 days after service of the certificate"and clause 21.3does not apply to this provision. On completion the purchaser must pay the vendor the p. rescribed fee for thecertificate

23.15 The vendor authorises the purchaser to apply for the purchaser's own certificate.23.16 The vendor authorises the purchaser to apply for and make an inspection of any record or other document in

the custody or control of the owners corporation or relating to the scheme or anyhigher scheme. Meetings of the owners corporationIf a general meeting of the owners corporation Is convened before completion, +'23.17. I if the vendor receives notice of it, the vendor must immediately'hQ. tity the purchaser of it; and23.17.2 after the expiry of any cooling off period. the purchaser can require the vendor to appoint the

purchaser (or the purchaser's nominee) to exercise any voting rights of the vendor in respect ofthe lot at the meeting

Tenancies ,; 1. , *if a tenant has not made a payment for a period preceding or currentat the adjustment date -

for the purposes of clause 44.2, the amount is to betreated as if it were paid; and24.11, -,-~,

the purchaser assigns the debt to the vendor on. c'j>inPIetion and will if required give a further24.12

assignment at the vendor's expense.24.2 if a tenant has paid in advance of the adjustment date anyperiodic payment in addition to rent, it must be

adjusted as if it were rent for the period to which it relates. IIf the property is to be subject to a tenancy on completion Or is subject to a tenancy on completion -24.31 the vendor authorises the purchaser to have6ny accounting records relating to the tenancy

inspected and audited and to have any'of her document relating to the tenancy inspected;the vendor must serve any informatjQn. about the tenancy reasonably requested by the24.32

purchaser before or after completion:andnormally, the purchaser can claim compensation (before or after completion) if -. a disclosure statement required by the Retail Leases Act 1994 was not given when required;. such a statement contained information that was materialIy false or misleading;. a provision of the lease is not enforceable because of a non-disclosure in such a statement; or. the lease was entered into in contravention of the Retail Leases Act I 994.

If the property is subject to a tenant:y, oh completion -24.4. I the vendor must allQw\bitransfer -

. any remaining b(i'hq_money or any other security against the tenant's default (to the extent thesecurity is transit;!able);

. any money*in a:fund established under the lease for a purpose and compensation for any moneyin the fund or'interest earnt by the fund that has been applied for any other purpose; and

. any money paid by the tenant for a purpose that has not been applied for that purpose andcompensation for any of the money that has been applied for any other purpose;

if the security is not transferable, each party must do everything reasonable to cause areplacement security to issue for the benefit of the purchaser and the vendor must hold the originalsecurity On trust for the benefit of the purchaser until the replacement security issues;the vendor must give to the purchaser-

o a~proper notice of the transfer (an attornment notice) addressed to the tenant;. any certificate given under the Retail Leases Act 1994 in relation to the tenancy;. a copy of any disclosure statement given under the Retail Leases Act I 994;. a copy of any document served on the tenant under the lease and written details of its service,

if the document concerns the rights of the landlord or the tenant after completion; and. any document served by the tenant under the lease and written details of its service. if the

document concerns the rights of the landlord or the tenant after completion;the vendor must comply with any obligation to the tenant under the lease, to the extent it is to becomplied with by completion; and

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the purchaser must comply with any obligation to the tenant under the ease, 0 ^the obligation is disclosed in this contract and is to be complied with a er coinp e io .

Qualified title, limited title and old system titleThis clause applies only if the land (or part of it) -25.11 is under qualified, limited or old system title; or251.2 on completion is to be under one of those titles.The vendor must serve a proper abstract of title within 7 days after the contrac a e.If an abstract of title or part of an abstract of title is attached to this contract or as ee , , ythe purchaser before the contract date, the abstract or part is served on the con rac . ' * . .An abstract of title can be or include a list of documents, events and facts arrange (ape. Tomcodicil) in date order, if the list in respect of each document - -; ':~' ,25.4. I shows its date, general nature, names of parties and any registra ion nuryi'^ ;25.42 has attached a legible photocopy of it or of an official or registration copy*o I Ân abstract of title - I- ,..,\*.

25.51 must start with a good root of title (if the good root of title must be at leg^ 3 years o ,means 30 years old at the contract date); ,,"':.,,,: '*

255.2 in the case of a leasehold interest, must include an abstract o th^ â. Se y 'g I255.3 normally, need not include a Crown grant; and ,. f. :.;'-',255.4 need not include anything evidenced by the Register kept under the Rea rope yIn the case of land under old system title -

in this contract 'transfer' means conveyance; ..... .25.61 has served athe purchaser does not have to serve the form of transfer. 11'htil after the ven or25.62

proper abstract of title; and 11' I* , , ,25.63 each vendor must give proper covenants for title as regards tha ven or's 'In the case of land under limited title but not under qualified titler. .25.71 normally, the abstract of title need not include afyytj^Cument w ic oes ,

area or dimensions of the land (for example. by ihplUding a metes and boun s escrip 'plan of the land); " "clause 25.71 does not apply to a documentwhi^h is the good root of tit e; an25.72

the vendor does not have to provide an abstractif this contract contains a e jini a 'o p25.73

(whether in registrable form or not). . ' . '- . 'The vendor must give a proper covenant to produ. ceilA!here relevant.The vendor does not have to produce or covenanttQ_produce a documen a is no ' pvendor or a mortgagee. - - . ,If the vendor is unable to produce an original~~document in the chain of title, e puphotocopy from the Registrar-General of the' r^gistration copy of that ocumen .Crown purchase money ,, ~-- -.This clause applies only if purchase indheyis payable to the Crown, whether or no ue p p y .The vendor is liable for the money, except to the extent this contract says t e purc aseTo the extent the vendor is liable fqr it, the vendor is liable for any interest unti coinp e 'To the extent the purchaser is liebl^ for'it, the pathes must adjust any interes un e . .Consent to transfer : .,'-"

This clause applies only if the, :;hd (or part of 10 cannot be transferred without consen u g'planning agreement. _. . , t toThe purchaser must properly~Complete and then serve the purchaser's part o an app itransfer of the land (or part of it) within 7 days after the contract date.The vendor must apply for Consent within 7 days after service of the purc aser's pa .If consent is refused, either party can rescind.if consent is given, subject to one or more conditions that will substantially is a van g p y,party can rescind-within 7 days after receipt by or service upon the pa y o wriIf consent is notgiven or refused -276.1 within, 42 days after the purchaser selves the purchaser's part of t e app ica ' p

can' rescind; or276.2 withih 30 days after the application is made, either party can rescinEach period in clause 27.6 becomes 90 days if the land (or part of it) is -

under a planning agreement or27.71

27.72 in the Western Division.

If the land (or part of 10 is described as a lot in an unregistered plan, each time in c auselater of the time and 35 days after creation of a separate folio for the lot.The date for completion becomes the later of the date for completion and ays agranting consent to transfer

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BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION54.2567i

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Unregistered planThis clause applies only if some of the land is described as a lot in an unregistered p an.The vendor must do everything reasonable to have the plan registered within 6 months after ^ con rac ,with or without any minor alteration to the plan or any document to be lodged wit e p an va ' y qmade under legi'SIatibn.If the plan is not registered within that time and in that manner-283.1 the purchaser can rescind; and28.32 the vendor can rescind, but only if the vendor has complied with clause 28. an, . wi. a y

legislation governing the rescission. ,., ~ IEither party can serve notice of the registration of the plan and every relevant lot an p. ;I. ~ " în e .The date for completion becomes the later of the date for completion and 21 days aftejSefy, ice o eClauses 28.2 and 28.3 apply to another plan that is to be registered before the p an I^'reqiS erConditional contract . .This clause applies only if a provision says this contract or completion is con it iona :, on anIf the time for the event to happen is not stated, the time is 42 days after the qqhtrac a e.if this contract says the provision is for the benefit of a party, then it benefits Q, nlythat party.if anything is necessary to make the event happen, each party must do whate, Yetis reasona y necessarycause the event to happen. ~ *..A party can rescind under this clause only if the party has substantially qomplied with c ause . .it the event involves an approval and the approval is given subject^^0. a con ition adisadvantage a party who has the benefit of the provision, the party qan. rescind wit in ays pselves notice of the conditionIf the parties can lawfulIy complete without the event happening +.,,.""::29.71 if the event does not happen within the time for it to. happen, a party who has t e ene I

provision can rescind within 7 days after the end qf. that time;297.2 if the event involves an approval and an applicatiOh for the approva is re use , a p y

the benefit of the provision can rescind within 7:4ay:$ after either party selves notice of t e re us a ;and d .--

the date for completion becomes the later of the date for completion and 21 days after t eearliest of -

. either party serving notice of the event happening;

. every party who has the benefit oilhe. .p'Tovision serving notice waiving the provision; or

. the end of the time for the event to happen.If the parties cannot lawful Iy complete without. the event happening -298.1 if the event does not happen within-the time for it to happen, either party can resci'n ;298.2 if the event involves an approval and an application for the approval is re use , e' p y

rescind;date for completion and 24 days after eitherthe date for completion becomes the later of the298.3

pany serves notice of the. event happening.A party cannot rescind under clauses. 29.7 or 29.8 after the event happensElectronic transaction ":' ,-'.- -This Conveyancing Transaction is to be conducted as an electronic transaction I -3011 this contract says~that it is a proposed electronic transaction;301.2 the parties other^!ise agree that it is to be conducted as an electronic transaction; or30.13 the conveyancing. rules require it to be conducted as an electronic transaction.However, this ConveyanCjng Transaction is not to be conducted as an electronic transac 1017 -30.21 if the land~is hot electronically tradeable or the transfer is not eligible to e o ge e e y;or ,..

30.22 if, at ahy. time after it has been agreed that it will be conducted as an e ec ronic ,party Selves a notice that it will not be conducted as an electronic transaction.

If, because of Clause 30.22, this Conveyancing Transactibn is not to be conducte as an e ectransaction -

each party must -30.31

. bear equally any disbursements or fees; and

. otherwise bear that party's own costs;incurred because this Conveyancing Transaction was to be conducted as an e ec 10nitransaction; andif a party has paid all of a disbursement or fee which, by reason of this clause, is o eequally by the parties, that amount must be adjusted under clause 14.2.

28.3

28.4

28.5

28.6

29

29.1

29.2

29.3

29.4

29.5

29.6

17

29.7

29.73

29.8

29.9

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BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION 54,25671

30.4

Land - 20.8 edition

If this Conveyancing Transaction is to be conducted as an electronic transaction -to the extent, but only to the extent, that any other provision of this contract is inconsistent with30.41

this clause, the provisions of this clause prevail;normally, words and phrases used in this clause 30 (italicised and in Title Case, such as ElectronicWorkspace and Lodgement Case) have the same meaning which they have in the partictoatibnrules;the padres must conduct the electronic transaction in accordance with the pathc^âjion rules andthe EONL;a party must pay the fees and charges payable by that party to the ELNO and the 'Land Registryas a result of this transaction being an electronic transaction;any communication from one party to another party in the Electronic Workspace made -. after the effective date; and

. before the receipt of a notice given under clause 302.2;is taken to have been received by that party at the time determined by SI3A of the ElectronicTransactions Act 2000; anda document which is an electronic document is served as soon asit, is. first Digitally Signed in theElectronic Workspace on behalf of the party required to serve it. ~ . ..-

Normally, the vendor must within 7 days of the effective date -create an Electronic Workspace;305.1

populate the Electronic Workspace with title data, the date. .for completion and, if applicable,305.2

mortgagee details; and30.53 invite the purchaser and any dtscharging mortgagee to, theElectronic Workspace.If the vendor has not created an Electronic Workspace in accordan, bel. With clause 30.5, the purchaser maycreate an Electronic Workspace. If the purchaser creates the Electrohic Workspace the purchaser must -

populate the Electronic Workspace with title data; '^.-...306.1

create and populate an electronic transfer; .. ."'-,.3062

populate the Electronic Workspace with the date for completion and a nominated completion306.3

time; andinvite the vendor and any incoming mortgagee'to join the Electronic Workspace.306.4

Normally, with^^77 days of receiving an invitation from. the Vendor to join the Electronic Workspace, thepurchaser must -

I, ^'join the Electronic Workspace30.71

create and populate an electronic transfoi;30.72

invite any incoming mortgagee to jointhe Electronic Workspace; and30.73

307.4 populate the Electronic Workspace. with a nominated completion time.If the purchaser has created the Electronic. .141qi*'space the vendor must within 7 days of being invited to theElectronic Workspace -

join the Electronic Workspace;. -308.1

populate the Electronic Workspace with mortgagee details, if applicable; and30.82

invite any discharging mortgagee to join the Electronic Workspace.308.3

To complete the financial settlement:schedule in the Electroi7ic Workspace -

the purchaser mustprovide the vendor with ad^^stment fiûres at least 2 business days before30.91

the date for completion;;^ridthe vendor must pnPu/ate the Electronic Workspace with payment details at least I business daybefore the datefOt completion.

At least I business day before~the date for completion, the padres must ensure that -all electronic'documents which a party must Digitally Sign to complete the electronic transaction30/01

are populated and Digitally Signed;all certifications required by the EONL are properly given; andthey do' everything else in the Electronic Workspace which that party must do to enable theelectronictransaction to proceed to completion.

If completion takes place in the Electronic Workspace -payment electronically on completion of the price in accordance with clause 16.7 is taken to be30/11

payment by a single settlement cheque;the completion address in clause 16.14 is the Electronic Workspace; and30,112

clauses I 313.2 to I 313.4,468.1 612,1613 and 312.2 to 312.4 do not apply30,113

If the computer systems of any of the Land Registry, the ELNO or the Reserve Bank of Australia are in operativefor any reason at the completion time agreed by the pathes. a failure to complete this contract for that reasonis not a default under this contract on the part of either party.If the Electronic Workspace allows the padres to choose whether financial settlement is to occur despite thecomputer systems of the Land Registry being in operative for any reason at the completion time agreed by theparties -

normally, the pantes must choose that financial settlement not occur; however30.13. I

30.42

30.43

30.44

304.5

30.5

30.46

18

306

30.7

30.8

30.9

30.10

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Land - 2018 edition

if both parties choose that financial settlement is to occur despite such failure and financialsettlement occu rs -

all electronib documents Digitally 81^ned by the vendor, the certificate of title and any dischargeof mortgage, withdrawal of caveat or other electronic document forming part of the LodgementCase for the electronic transaction shall be taken to have been unconditionally and IFrevocablydelivered to the purchaser or the purchaser's mortgagee at the time of financial settlementtogether with the right to dealwith the land comprised in the centÎbate of title; and

. the vendor shall be taken to have no legal or equitable interest in the prope^/30.14 A party who holds a certificate of title must act in accordance with any Prescribed Requirement in relation to

the certificate of title but if there is no Prescribed Requirement, the vendor must serve the certificate of titleafter completion. ' "" IIf the parties do not agree about the delivery before completion of one or more documents Or things thatcannot be delivered through the Electronic Workspace, the party required to deliver the*documents orthings -

holds them on completion in escrow for the benefit of; and ._. *,.30.15. ,

must immediately after completion deliver the documents or thingstQ, ,Or as directed by;30.45.2

the party entitled to them30.16 in this clause 30, these terms (in any form) mean -

details of the adjustments to be made to the price'-under clause 14;adjtistment figuresthe paper duplicate of the folio of the registeL:for the land which existscertificate of titleimmediately prior to completion and, if inote than one, refers to each such paperduplicate; I, "the time of day on the date for completion- When the electronic transactibn is tobe settled ;the rules made under SI2E of the Real Property Act 1900;

any discharging mortgagee, charg'eel covenant chargee or caveator whoseprovision of a Digitally SI^neddisqh6rge of mortgage, discharge of charge orwithdrawal of caveat is required in order for unencumbered title to the property tobe transferred to the purchaser.the Electronic Conveyan, bing National Law (NSW);the date on which the Conveyancing Transaction is agreed to be an electronictransaction under claust^'30.4.2 or, if clauses 301.1 or 301.3 apply, the contract

+ - --~-^

a dealing as defined in the Real Property Act I 900 which may be created andDigitally SI^ned, inari*Electronic Workspace;a transfer of land. uhder the Real Property Act 1900 for the property to beprepared and~Digitally Signed in the Electronic Workspace established for thepurposes of the pathes' Conveyancing Transaction;a Conveyancing Transaction to be conducted for the padres by their legalreprese. ntatives as Subscribers using an ELN and in accordance with the ECNLd h':"' " t' I ,'and the, paidpatibn rules, '

alandtitle that is Electronically Tradeable as that term is defined in theconvey'ahcing rules;any'. mortgagee who is to provide finance to the purchaser on the security of thepi?petty and to enable the purchaser to pay the whole or part of the price, 'th^; details which a party to the electronic transaction must provide about anyof Soharging mortgagee of the property as at completion;

* the participation rules as determined by the ENCL,* to complete data fields in the Electronic Workspace; and

the details of the title to the property made available to the Electronic Workspaceby the Land Registry

31 Foreign Resident-Capital Gains Withholding31.1 This clause applies onlyif-

31.11 the saleis not an excluded transaction within the meaning of SI4-215 of Schedulei to the TAAct anda clearance Gemficate in respect of every vendor is not attached to this contract31.1.2

The purchaser must -at least 5 days before the date for completion, serve evidence of submission of a purchaser31.21

payment notification to the Australian Taxation Office by the purchaser or, if a direction underclause 4.3 has been served, by the transferee named in the transfer served with that direction;produce on completion a settlement cheque for the remittance amount payable to the DeputyCommissioner of Taxation;forward the settlement cheque to the payee immediately after completion; and

30.13.2

.

30.15

19

completion time

conveyancing rules

discharging mortgagee

ECNLeffective date

electronic document

electronic transfer

electronic transactibn

electronically tradeable

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Land - 2018 edition

serve evidence of receipt of payment of the remittance amount312.4

The vendor cannot refuse to complete if the purchaser complies with clauses 34.21 and 31.2.2if the vendor selves any clearance certificate or vanatibn, the purchaser does not have to complete earlierthan 7 days after that service and clause 24.3 does not apply to this provision.If the vendor selves in respect of every vendor either a clearance certificate or a variation to 0.00 percent,clauses 34.2 and 31.3 do not apply

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32.

ADDITIONAL PROVISIONS

AMENDMENTS To THE PRINTED FORM OF CONTRACTContract for Sale of Land shall beIt is agreed that the provisions of the printed form of the

amended as follows:

Clause 7.11 of this Contract is deleted;

Clause 144.2 of this Contract is deleted ;

Clause 16.5 the words "plus another 20% of that fee" are deleted;

Clause 23.13 of this Contract is deleted and replace with, "The purc aseran information certificate after the contract date in relation to the ot, a eir I,and serve a copy on the vendors at least seven (7) days prior to the coinp e ion a e. "Clause 295 of this Contract is deleted

32.1

a

b.

c.

d

33.

e

33.1

NOTICE To COMPLETE

In the event that either party is entitled to serve on the other a notice o coinpwith the provisions of clause 15, the parties agree that a period o ays is

34.

34.1

LATE COMPLETION

If through no fault of the vendor, the purchaser fails to complete t is con redue date then, and without prejudice to all other remedies of the ven or, pto the vendor on completion

an amount being interest calculated on the balance of the purchase price10% per annum in respect of the period commencing the day o owingending on completion. The purchaser will not be entitled to requirecomplete this contract unless such interest is paid to the vendor on coinp e ian essential term of this contract that such interest be so paid;

the amount of two hundred and twenty dollars ($220.00) inclusive of GST to cover egacosts and other expenses incurred as a consequence of the e ay, as gestimate of those additional expenses, in the event that the ven or issueComplete.

a

b.

35.

35.1

RESCISSION AND DEFAULT

Without in any manner negating, limiting, or restricting any rights or reinebeen available to the vendor at law or in equity had this clause not een incHEREBY AGREED AND DECLARED that should

either party prior to completion die or become mentally ill then t e o er p y y .the contract by notice in writing forwarded to the solicitors named as e o ein this agreement and thereupon the within agreement will be at an en an p ' 'of Clause 19.2 hereof will apply;

the purchaser be declared bankrupt or enter into any scheme or in a e any 'g .the benefit of creditors, or being a company resolve to go into 11qui a ion o p . ' 'for the winding up of that party presented or enter into any sc eme or a g

a

b.

creditors or should any liquidator, receiver or official manager e appthat party then the purchaser will be deemed to be in default an e p9 will apply

36.

36.1

STATE OF REPAIR

The property is sold in its present state of repair and condition su Iec o ,UTChaser acknowledges that the property is purchased relying on e p ' ,

knowledge and enquiries and that the purchaser does no re y o yre resentations made by or on behalf of the vendor. The purchaser wi no pto carry out any repairs or chemical treatment of pest infest ations, I a y,to the property nor will the purchaser call upon the vendor to con ri urepairs or chemical treatment. The purchaser takes title to the proper y I

37.

services

37.1

RELEASE OF DEPOSIT

The purchaser will pay and release the deposit to the trust accoun o a so ' 'estate agent for the vendor's use as a deposit only on a purc ase y

38.

38.1

AGENT

The purchaser warrants that the purchaser was not introduce irec y ovendor or the property by any other party other than the vendor's agen nand the purchaser indemnifies the vendor against any claim or emremuneration by any other agent and all costs incurred by t e ven o pbreach of the warranty provided in this clause. This clause will no merge p

39.

39.1

FURNISHINGS AND CHATTELS

The purchaser must accept the furnishings and chattels in their presenrepair. The vendor is not liable for any loss (other than loss due to the ac orvendor), mechanical breakdown or fair wear and tear in respect of SUG I ems gthe date of this Contract

40. DELETED

41. DELETED

42.

42.1

TRANSFER

In the event the Transfer is not submitted to the vendor's solicitor within sevej ( y p 'completion, the purchaser must pay a further sum of $220.00 being t e ven or' ' 'for arranging expedited execution of the Transfer by the vendor. is agr yfee is a genuine and reasonable pre-estimate of the vendor's actua cos s. pfee is an essential term of this contract and is payable on coinp e ion.

43. DIRECTOR'S GUARANTEE

This clause applies if the purchaser Is a company

43.1 For the purposes of this contract, "covenantor" meansobligation of the covenantor will be joint and several.

in consideration of the vendor, at the request of the covenantor entering ,covenantor:

Covenants with the vendor that the covenantor will be with the purc aser j ' yseverally liable to the vendor for the due performance of all obligations on pthe purchaser contained in this contract; and

guarantees to the vendor that punctual payment of all money paya e y ppursuant to this contract and the performance of the terms an con I ioncontract

If for any reason the contract is not enforceable by the vendor agains e purcor in part, the covenantor indemnifies the vendor from and agains a OSs ,including all money which would have been payable by or recoverab e rom e pthis contract been enforceable against the purchaser.

43.2

a.

b

433

44.

44.1

COOLING OFF

Despite any other provision of this Contract, where this Contract i. Ia e su jof period, under the provisions of Section 66S of the Conveyancing AC , e pmay be paid by instalments in the following manner:

as to an amount equivalent to 0.25V', of the Purchase Price, on t e in a ingContract: and

on the day on whichas to the balance of the agreed amount of the deposit, by 5 pmhe cooling off period ends.

a directorls of the company. The

a.

b

45.

45.1

SETTLEMENT USING PEXA

The Vendor and Purchaser agree that completion of this matter s a occur ' gplatform. If the Purchaser is unable to complete via the PEXA PIa orm enmake an allowance of $385.00 to the Vendor on completion. This amount eing a rpre-estimate of legal costs and other expenses incurred by the ven or an isof the Contract.

HOLIDAY LETTING

The Vendor and the Purchaser acknowledge and accept that the proper y is su Iadvance bookings for holiday lettings through Alloggio. This clause s a no gcompletion

46.

46.1

6 Dinning ChairsI Dinning TableI Dishwasher

I MicrowaveAssorted cutlery, crockery, pots & pans, applicants kitchen utensi s an pAssorted glasswareI FridgeI Washing MachineI Clothes Dryer2 x 2 seater lounges2 x single seat lounge chairsAssorted cushionsI Coffee TableI LampI BookcaseI Air ConditionerI Flat Screen TVI DVD Player3 white stoolsCeiling FanLight FittingsCurtains

Shutters I 'Miscellaneous- Mop, Broom, Bucket, iron, Ironing Board, Reino es o ,outdoor clothes airyer

ANNEXURE "A" - INVENTORY

MAIN BEDROOMI Queen BedCeiling FanBuilt Iris2 bedside tables21ampsQuilt, cover and pillows

BEDROOM 2I Queen BedCeiling FanBuilt IrisI bedside tableI lampQuilt, cover & pillows

BEDROOM 32 Single BedsI Bedside TableI LampCeiling FanBuilt In

BALCONYI outdoor table & 2 chairs

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STRATA SCHEMES MANAGEMENT REGULATION 2016 - SCHEDULE 2

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STRATA SCHEMES MANAGEMENT REGULATION 20.6 - SCHEDULE 2

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SCHEDULE 2 - BY-LAWS FOR PRE-, 996 STRATA SCHEMES

..

(Clause 35)

I NOISE

An owner or occupier of a lot must not create any noise on the parcel likely to interfere with

the peaceful enjoyment of the owner or occupier of another lot or of any person lawfulIy

using common property.

Note : This by-law was previously by-law 12 in Schedule I to the Strata Schemes (Freeho/d

DevelopmentI Act 7973 and by-law 13 in Schedule 3 to the Strata Schemes (Leasehold

Development) Act 7986 .

, .

A A .

2 VEHICLES

An owner or occupier of a lot must not park or stand any motor or other vehicle on common

property except with the written approval of the owners corporation.


Development) Act 7973 and by-law 14 in Schedule 3 to the Strata Schemes (Leasehold


A o .

3 OBSTRUCTION OF COMMON PROPERTY

An owner or occupier of a lot must not obstruct lawful use of common property by any

person.




4 DAMAGE To LAWNS AND PLANTS ON COMMON PROPERTY

http:/Iwww8. austlii. edu. au/cgi-binlviewdodau/legis/nswlconsol reglssmr20163331sch2. html 1/6

1/16/2019

An owner or occupier of a lot must not:

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or

situated on common property, or

(b) use for his or her own purposes as a garden any portion of the common

property.




DevelopmentI Act 7986 .

5 DAMAGE To COMMON PROPERTY

(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or

the like into, or otherwise damage or deface, any structure that forms part of the

common property without the approval in writing of the owners corporation.

Note : This by-law is subject to sections 109 and 140 of the Strata Schemes

Management Act 2075 .

(2) An approval given by the owners corporation under clause (1) cannot

authorise any additions to the common property.

(3) This by-law does not prevent an owner or person authorised by an owner

from installing:

(a) any locking or other safety device for protection of the owner's

lot against intruders, or

(b) any screen or other device to prevent entry of animals orinsects on the lot, or

(4) Any such locking or safety device, screen, other device or structure must be

installed in a competent and proper manner and must have an appearance,

after it has been installed, in keeping with the appearance of the rest of the

building.

(c) any structure or device to prevent harm to children.

(5) Despite section 106 of the Strata Schemes Management Act 2015 , the

owner of a lot must maintain and keep in a state of good and serviceable repair

any installation or structure referred to in clause (3) that forms part of the

common property and that services the lot.

Note : This by-law was previously by-law 16 in Schedule I to the Strata Schemes (Freehold


DevelopmentI Act 1986

http://WWW8. austlii. edu. au/cgi-bin/viewdoc/au/legis/nsw/consol reg!ssmr2016333/sch2. html 2/6

1/16/2019

6 BEHAVIOUR OF OWNERS AND OCCUPIERS

An owner or occupier of a lot when on common property must be adequately clothed and

must not use language or behave in a manner likely to cause offence or embarrassment to

the owner or occupier of another lot or to any person lawful Iy using common property.



Developmenty Act 7973 and by-law 18 in Schedule 3 to the Strata Schemes (Leasehold

Development) Act 1986

7 CHILDREN PLAYING ON COMMON PROPERTY IN BUILDING

An owner or occupier of a lot must not permit any child of whom the owner or occupier has

control to play on common property within the building or, unless accompanied by an adult

exercising effective control, to be or to remain on common property comprising a laundry,

car parking area or other area of possible danger or hazard to children.



Developmenty Act 7986

8 BEHAVIOUR OF INVITEES

An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the

owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment

of the owner or occupier of another lot or any person lawful Iy using common property.




9 DEPOSITING RUBBISH AND OTHER MATERIAL ON COMMON PROPERTY

An owner or occupier of a lot must not deposit or throw on the common property any

rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the

owner or occupier of another lot or of any person lawfulIy using the common property.




10 DRYING OF LAUNDRY ITEMS

An owner or occupier of a lot must not, except with the consent in writing of the owners

corporation, hang any washing, towel, bedding, clothing or other article on any part of the

parcel in such a way as to be visible from outside the building other than on any lines

provided by the owners corporation for the purpose and there only for a reasonable period.

httP://WWW8. austlii. edu. autogi-bin/viewdodau/legis/nsw/consol reg/ssmr2016333/sch2. html 3/6

1/16/2019




11 CLEANING WINDOWS AND DOORS

An owner or occupier of a lot must keep clean all glass in windows and all doors on the

boundary of the lot, including so much as is common property.




DevelopmenO Act 1986

12 STORAGE OF INFLAMMABLE

MATERIALS

(1) An owner or occupier of a lot must not, except with the approval in writing of

the owners corporation, use or store on the lot or on the common property any

inflammable chemical, liquid or gas or other inflammable material.

(2) This by-law does not apply to chemicals, liquids, gases or other material

used or intended to be used for domestic purposes, or any chemical, liquid, gas

or other material in a fuel tank of a motor vehicle or internal combustion engine.



Developmenty Act 7986

LIQUIDS AND OTHER SUBSTANCES AND

13 MOVING FURNITURE AND OTHER OBJECTS ON OR THROUGH COMMON

PROPERTY

An owner or occupier of a lot must not transport any furniture or large object through or on

common property within the building unless sufficient notice has first been given to the

strata committee so as to enable the strata committee to arrange for its nominee to be

present at the time when the owner or occupier does so.


Development! Act 7973 and by-law 25 in Schedule 3 to the Strata Schemes (Leasehold


14 FLOOR COVERINGS

(1) An owner of a lot must ensure that all floor space within the lot is covered or

otherwise treated to an extent sufficient to prevent the transmission from the

floor space of noise likely to disturb the peaceful enjoyment of the owner or

occupier of another lot.

http://WWW8. austlii. edu. au/cgi-binlviewdoc/au/legis!nsw/consol reglssmr2016333/sch2. html 416

1/16/2019

(2) This by-law does not apply to floor space comprising a kitchen, laundry,

lavatory or bathroom.




15 GARBAGE DISPOSAL


An owner or occupier of a lot

(a) must maintain within the lot, or on such part of the common property as may

be authorised by the owners corporation, in clean and dry condition and

adequately covered a receptacle for garbage, and

(b) must ensure that before refuse is placed in the receptacle it is securely

wrapped or, in the case of tins or other containers, completely drained, and

(c) for the purpose of having the garbage collected, must place the receptacle

within an area designated for that purpose by the owners corporation and at a

time not more than 12 hours before the time at which garbage is normallycollected, and

(d) when the garbage has been collected, must promptly return the receptacle

to the lot or other area referred to in paragraph (a), and

(e) must not place any thing in the receptacle of the owner or occupier of any

other lot except with the permission of that owner or occupier, and

(f) must promptly remove any thing which the owner, occupier or garbage

collector may have spilled from the receptacle and must take such action as

may be necessary to clean the area within which that thing was spilled.




16 KEEPING OF ANIMALS

(1) Subject to section 157 of the Strata Schemes Management Act 2075 , an

owner or occupier of a lot must not, without the approval in writing of the

owners corporation, keep any animal on the lot or the common property.



http://WWW8. austlii. edu. au/cgi-bin/viewdodau/legis/nsw/consol reglssmr2016333/sch2. html

(2) The owners corporation must not unreasonably withhold its approval of the

keeping of an animal on a lot or the common property.

5/6

11/6/2019

17 APPEARANCE OF LOT


(1) The owner or occupier of a lot must not, without the written consent of the

owners corporation, maintain within the lot anything visible from outside the lot

that, viewed from outside the lot, is not in keeping with the rest of the building.

(2) This by-law does not apply to the hanging of any washing, towel, bedding,

clothing or other article as referred to in by-law 10.





18 NOTICE BOARD

An owners corporation must cause a notice board to be affixed to some part of the common

property.

Note ; This by-law was previously by-law 3 in Schedule I to the Strata Schemes (Freehold

Development! Act 7973 and by-law 3 in Schedule 3 to the Strata Schemes (Leasehold


19 CHANGE IN USE OF LOT To BE NOTIFIED

An occupier of a lot must notify the owners corporation if the occupier changes the existing

use of the lot in a way that may affect the insurance premiums for the strata scheme (for

example, if the change of use results in a hazardous activity being carried out on the lot, or

results in the lot being used for commercial or industrial purposes rather than residential

purposes).

http://WWW8. austlii. edu. au/cgi-bin/viewdoc/au/legis/nsw/consol reglssmr2016333/sch2. html 6/6

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THF CGMqON SEAL CF CFP

PROPRiri'ORS STRATA PLAN No.

L9922 was hercunto af Fixed on

9-<.*'*\ day u! 0070/6ERj Legsin *I:e rifesenc. 11r:

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THE CONMUN SEAL a? A. a. C.

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TFE CoqMON SEAL .C rinYSIDE

DEVELGl'MENTS PIY. LZHITL. D was

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1919, LODGED WITi;

This HEccL!VB is a photogroph Rode OS o per, ., qnt

record of n d. cu, ont Ln the custody ef the

Q=gisttcr Genercl Ih!. s day 15th July, 1386

~.

Dye3U2;B ,.'~' ' ''7, :245' ~

': !Î. -

:NSTRJHENT SET~LNG OUT TE?Ms OF EASEMENTS AND RESTRtCTioNS As To USERINTENDED To BE CREATED PURsuA!, T To SECTION 88B CONVEYANC;KG AeT, 19:9

Lengths are :. n metres

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(Sheet I of I sheet)

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PART I

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PLan or Proposed Easement Per Dratnage

over Lot I in OF 6,0534 being Conmcn

Propercy in SP 19922 and Reserve Lot

55 and coveted y CounciL Clerkls

Cert!flcate No. 3^'0 dated 218 10/765

+!Li

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JULL naru a, Iu ,. dress of

tort*ageP tit the Land

The Proprletors - Strata Plan No.

1,922 as rega, U, I"1'1cl !. n LegtlFLcate

o4 ILLle 701unc 150L9 FOIL0 145 ./-

Strata H a naneme rtStephe, sPu rt

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reca=ds Land In CPEti. ,i_cate of Tit. e

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Lots burC, nan

LOLj:n DP 4:31i, 34

: AU v, ric e s ) L!mited o4 800A. -.*.

H. riter Street, Newcastle, 2300 and

HD r Lg a gs H a nagu, lie n : Ltin tt e d 54 -62Car!11ngtcn 5:3eeL, 5ydi'Iey as regardsland in Certificate GP Title VO!. Line

L5283 FOIL0 209.

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a' .Hgnu0< 0;

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Name of P, ithn=ity benefitedTile nounctL OF the Shite nf rin*t

St erticiis

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Tl, Ls negotivo L, u p;totesroph made us o permcnunlrecord of o docuir. e"t in the =us ledy of the

15th. July, 1986Reels*Ear C, .IQ, ul this CGy

..I,

am~

Req: R887753 IDCc : DL 07.50 L, . IRev : 06-Nov-'97 Is CS ; Dl. OK IP"t , 1.6-14ay-201.2 1.5 : 06 IPgs :ALL Iseq: L GE 2Ref:a/s2591stc:a

97.15('B

^;:^,*;(A) COMMON PROPERTY

REFERENCE To TITLE

(B) LODGED BY

CHANGE OF BY-LAV

O '11/1; PR()I'KM'()RS ,I Silky\IA PIN, .. ... 1.9. ^ 2.2. ........,. ",, ary that p"run^" to " realuli, ,n pus"U un .. 2.7. , 5.95 .. ... .. ... ,and in accordance wiih the provisiuns of seciiLin .. .58. .. I2. ) of the Simiani!CS ACi 1973 loader No. .

o11hu Sireia '11/1cs13tiartl, Ihe by-laws arc changed as follows:o11he Supreme Court of NcwSouih wales/ OILk:I No. ..

Sunb '11/1ES A"11973

R*al Prop, 11y Adj, !ro

(D) REFEA1,1:11 BY-11\W No. .... .in^., 0:1AD"ED BY. LAW No. ... .SpeC. ^. a, \. .. By=. I!aW. .No. ,. . I. .

CPISP19922

Ll'. O Mix

z. ^'i

11/11/11111\ ^^^^^ ^ ^

I^Name. AdJ, c*s or DX and Telcjihune

'""lid;^b!41"<:1 ;'r+ Me'0 ^/cI" 12. L. S~' 91, ?^,"$7

I C CIt _Sin;11:1U;N<'litm, x. 15 chorus!*,")

eela! in

111 addition to 1110 powers conferred upon the Body Corporate by tile Act and thoseBy-Laws, the Body Corporate shaU have the power 10 install lightia to the termicourt facility and heating elements to the roof of the building willjin Bod Cor oraleproperty for the purpose of solar heathng coinnion property swimnu'rig pool andincluding the paymerit ironi Body Corporate funds for ftiture costs associated withcapital expenditure, maintenance and replacement.

w No

.........................................................................,.. ..

...................... ......................... ........................... .......,.......,.........

eB

(8) 'Ihe Common Seal of 'Ihe Proprie!o1s - Sirala Plan No. .... 1,9922. .

was allixed un . Ôth. . October, ... 1,995. .... in the presence of.,..............................................,............. . .................

SIan, ", e of w;I'd,

.. RAY. . . I'. RE;!$!!!\!!. ... .. .. . ... . . .

being linencrstin authorised by scull)n 55 o11hu SIIaia '11/1es AQI 1973 10altost the affixing oilhc seal.

.... as lully sol ou! bulow.

0694i, To

Nanie of W!In, ,, - BLO<'KI, Errl;RS

e, qf S TP4'<,*.* 4

VON mo, ,

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OIL(:K!;C BY(Office uF" only) V

Req : REST753 IDoc, DL 07050L, . IRev : 0 6-Nov-L997 Is ts , Dr . OK I'e. t, re-hay-20L2 t5,06 IPgs : ALL Iseq : 2 of 2Ref :a/S259 1stc:a

00

I cellifyih"I 111c Couiicii of

DAIl: .

Aprl. ICKllON No. .........

INSTRUCTIONS FOR COMPLETION

I, 'This 1111m musi b* crimplclcd clearly and jugibly in PUTmanciil, dciisc, black or dark billu film- copying ink. Irusiiig a dormulrix printcrIhe PIinl must be leiicr-qualiiy.

2. jin nut use an eraser or curieclkin nLid 10 make allotJlioiis: rule 11/10ugl: loigciud maiuiial. fujii"I each allcraliun in lire ICn-11aiid margiii.

3. If Ihe space Fluvidcd at any Fomi is insumciciii you may anncx addiiiLinal pagcs. Thcsc mus! belhc salr e sire asihc form; papcr Eijialiiy,coloni, cic, should conk, rin to 111c rugiiircmcnis 5.1 nui in laid 'I'illcs till ice hikiimaiiuii Bullciin No. 19. '1'110 first alld i'sl pugcs mustbe sigiicd by the PUTSiii willi'ssiiig ibt: affixing o11hc seal of Ihc bady cornerslc.

4. Tile killowinginstruciiiins Maiuinline margi!Iai IC!1.15 11n inu form

IN COMMON PROPERTY REFERENCE To TITLEShowihc Reference 10 Tillc of Ihc c()mmuii pitipcrty, forexamplc 'Cl'/SP1234S" or Volume 1234S Folio 111".(8) LODGED BYThis section is 10 be completed by 111c person or film ladgiiig Ihc dualing at the Und 'I'illcs Office.(C) STRATA PLANShow 111e number 1111/1u SITUia 11"I'. 111e dale on \vhicli 111u restiluli(111 was passed, tile 1010vJni section of Inc Slidla '11/1us ACi 1973and nappropr!ale the SUFIenic Court Order number. 'I'hutullowing may be used as a guide: .. 4

ACliruigc o1 by-laws pursuaiiiiu secti!in 58 (2) of illc ACi is o11c which dines 11/11 cron!c righis of cxtlusivc use alld enjoyniciii Dr. orspecial privileges in r'spi:CIOf. coll:moil properly.

A change of by-laws pursuani 10 setii. in 58 (11) of Ihc AC! is tinc which changcs Ihu ICrms of un urdur of a Sirai" 'lilies Briard havingIhe clieciola by-law and must accordingly be made putsiiani 10 a 11nariimtius rustilulion

A change of bylaws putsuan1 10 clause 15 of Schedule 4 of Ihc Act is uric which confirms righis ut exdusivu use and enjoymuni o1.o, 511ccial privileges ill resp!!c! or, c, mmon properly where sucli righis were in existciice (ciihcr PUTSuaniio a leg)lulltin of jin badycorporalc or a former by-law) priorio ISI July. 1974. 'Thenc\v by-law mus! indicate howii may be amended, added 10 tit relH!aled.

Where the inilial period has cxpiicd, a change of by-laws Fursuaii! 10 cociioii 58 (7) o11he SiraialTilcs ACi 1973 allows a bodycorporalc, wilful bcconscniin willing ora propriclorand Fursuant10 a spycialicsuluiiun, 10 make a by-lawcontcriiiigiiiiihaiproprieit!IIhe exclusive use and enjoymcnl Dr. or special 111ivilcgcs ill respect 10, cuminun Funneliy. or by special Tosoluiiuii 10 make a by-lawamending. addiiig 10 or r"PC"jiltg any 11y- law previously made under Ihe subsutiit, 11.

Where Iheiniiial period basilo! cxpêd, a chaiigu orby-laws puisuaiiiiu sections8 (7) inline Slima '11/1csAci 1973 innsihe authorisuUby the Supreme 01ur! of Nu\v Soulh Walus oilhc Siraia Tillus Briard: SDU suction " (1). 'ite Sliprcmu 01urior Siraia 'lilies BoardOrder number musibe showiiaino:e (<).

A by-law made puisuaniiu 5,411itiiis66(3) alld 58(7)1111/10 Siraia 'I'illcs ACi 1973, halve 111uiiiiiialjreiiod 11as uxpiicd, clinicrs a rigliito park a vehicle on Fall of Ihc c!, mmnn prtipcriy . 'I'his suction only allows Ihe addition of a by-law and Ihe 0111/1cil's Certificatemusi be cumpleicd.

'I'he Rugisira, General dues 001 require Ihe Iudgmcniiila plan for 1110 purpose of inc alitxaiiiin 111 I'ghts, if exclusive enjoying111 of,or special privileges in resj, o, 1111, c. jinmtin pronei!y unless ii is referred 10 as an annexuru in Ihu by-law, in which cas0 111e plait musicomply wiih Ithe app"wiring Real hopeiiy ACiltcgulaiions.(0) REPEALED"NSERTED/ADDED BY-LAW NUMBERBy-laws addiiiona!10 those already<IPOraiing should heliumbercd consecuiivuly cuminciicing wiih heliumbcr next afieriliuiiumber

.

..................,.........

coU^L'

.... bus approved Ih, change or by-laws rel 11u! hu, gin

.............................,.......... ..........

AUUiiii:SLJ Qincci

allot!cd 10 IheIasi by-law. inclidireni o1a by-I"w is clingcicd by fully lopcaliiigihui!xisiliig by-law and 511bsiiiuiiiigiheiicw by-lawin jin ICims leijuircd.IE) EXECUTION'rhe common seal ot ihe body corporalc musi be unixed ill Ihc proseiice of Ihe person(s) auihurlsud by seciiun 55 of Ihe Siruia 'I'illcsACi 1973 10 alleslihu affixing 1,111'I: soul. SIIuw Ihu numlK:1111 111u Siraia Flail and 1110 daiu un wliidi 111e common seal was allixcd.1110 appruprialc section should bc tomplcicd by Ihc allcsiing willness.^ COUNCIL'S CERTIFICATE

I'he Conilica!re must hc Lumplc[cd whun a by-law is made putsuaiii 10 suciiui]s 660) and 58(7) bun:, c Ihu in ill"111,110d has uxpircd.

The coinplelod dealing musl bolodged by hond @1the Lond 1/1/03 01/100, Queen's Squqio, Sydney (adjae@nilolho HydePGIk Barracks) grid must be accompanied by Ih0 1010vqnl Coall!calc of Tilia for Ihe Common [email protected]" 11"1.2 flay Gnu. ;trolls lib"", PIM, 18 o111 Min 10,711, pie"se c"11 (02) 228-6666 twin. rk/o1 Ci, *1,111w. Scii. !'ccs Blanc/,.

t*:"::~'~~;;;;,;;;~;;:;;;limitiiiiiiiiiiiiiiijjjjjtjjjttjjjjjj. Release: 2.0 New South Wales

wonv. lands. ns\v. gov. au RealPropedy Act1900

PRIVACY NOTE: Section 31B of the RealPropedyAct1900 (RPAct) authorises the Registry General to collecttheinformation requiredby this form for the establishment and maintenance of the Real Property Act Register, Section 96B RP Act requires thatthe Register is made available to any person for search upon payment of a fee, if any.

(A) ToRRENS TITLE

(8) LODGED BY

For the common property

CPISPL 9922

(C) The Owners-Strata Plan No. 1,9922

in accordance with the provisions of

(D) the by-laws arc changed as follows-

(E) Repealed by-law No. NOT APPLrCABLE

Added by-lawNo. Speci. aL By-Law Nos, 2 and 3-- . -..

Amended by-law No. NOT APPLZCABLE

as fully set out below:

(See Annexure HereCo)

Document

Collection

Box

I65P

Name, Address or DX and Telephone

Davi. d be Page SolicitorDX 358SYDNEY

Referencer L 9922 = 070.82

AD51764C

..

s.

certify that pursuant to a resolution passed on 22 December 2006

of the Strata Schemes Management Act. 1996No. 47

123095"

(F) The coinnion seal of the Owners-Strata Plan No. 1,9922

\"* '^,.. \ 0 \ t't-\ O t~\ V'.. S,Name(s):

being the person(s) authorised by section 238 of the Siraia Schemes Management Act 1996 10 attest the affixing of the seal

(G) COUNCILS CERTIFICATE UNDER SECTION 56(41 OF THE STRATA SCHEMES MANAGEMENT ACT 1996

I certify tlial has approved the change of by-laws sei out herein

Signature of authorised officer:

Name of authorised omcer:

Signature(s):

CODE

.~~-..

" ' :* ;\ ,'_.:.,/14j, ;'-*., r ,:>'*I~ '\';,,,",;*, f' , ,* II ;;;' ' C'@nt"""' I'II;^. i* ' ^;,,! I, ,, ~\:';,;;\*,,, ./;e;:',\~ #

CB

.=~-=-\ \

and

^,:.

ALL HANDWRITING MUST BE us BLOCK CAPITALS.

0507

.

was affixed on 20 I 3 ^ 2.00 . in the presence of--

POSiiion or authorised Dincer:

Page I of 3DEP, \RTMENT OF LANDS

LAND AND PROPERTY INFORMATION DIVISION

Req : Re a 7757 ID. c : DL roost764 IRev : L7 -Apr-2007 ISts : 110 . OK IPLc : L6-May-20 L2 L5 : 07 IPgs :ALL Iseq: 2 of 5Ref .a/S259 1st=:13

.

SPECIAL BY-LAW

I. An owner or occupier of a lot may not construct or install a fixture within the commonproperty without the prior approval in writing of the Owners Corporation

An approval will be of no effect for the purposes of clause I unless it is given by theOwners Corporation by way of a by-law made pursuant to Section 52 or Section 65A ofthe Strata Schemes Management Act I 996. or the Owners Corporation resolves at thetime of approval of the proposed fixture that it is 'minor work", for the purposes of this by-law.

ANNEXURE To NOTIFICATION OF CHANGE OF BY. LAWS

11

2

STRATA SCHEME N0 19922

111 For the purposes of clauses 4-8 (inclusive) of this by-!an, "fixture': means a fixture,equipment or building work made or installed by an owner or occupier of a lot within thelot

IV Unless it is a fixture reinovable by a lessee or sub-lessee at the expiration of a tenancy. afixture that serves a lot is an owner's fixture.

v. The owner of a lot must maintain in a state of good and serviceable repair a fixture thatserves his lot, and must renew or replace it when necessary.

The owner of a lot must ensure that any maintenance, renewal or replacement of a fixtureserving his lot and visible from outside his lot. is done so that the fixture is in keeping withthe appearance of the rest of the building.

The owner of a lot must indemnify the Owners Corporation against any liability or expenseincurred by reason of the existence or use of a fixture that serves his lot. being a liability orexpense that would not have been incurred if the fixture had not been made or installed.

This by-law shall not create any obligation on the part of the lessor or sub-lessor of a lot infavour of his lessee or sub-lessee.

irisofar as this by-law is contrary 10 the terms of the consent of the Owners Corporation tothe making or installation of a fixture, this by-law has effect in relation to that fixturesubject to those terms.

And that Port Stephens Strata Management Services be authorized to instruct David LePage (Solicitor) to register said by-law for the sum of $358.49 (inclusive of all costs)

3

Vl

Vll

Vlll.

IX

x.

SPECIAL BY-LAW

I. That for the purposes of "Special By-Law I" the Owners Corporation will issue writtenpermission for the installation of an air-conditioner and ancillary wiring. ducting andplumbing ("the service') provided always that

"the service' is to be located within the lot.11

THIS is page 2 of a total of 5 and is the annexure to the Change of By-Lawsform by THE OWNERS - STRATA PLAN N0 19922.

THE COMMON SEAL of THE OWNERS - STRATA PLAN

N0 19922 was affixed on the 2. C>day of I~I I'\ e-C-\~\ 2007 in thepresence of

\-*. e. I ,::> \ I * -\ o I~\ A S.ames ----- ' ~"""'~~~~~~~~ ' ""'~"' ~~

Signatures:

being the persons authorised by Section 238 of the Strata SchemesManagement Act 1996 to attest the affixing of the seal.

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111 The installation will be considered "minor work" in terms of Special By-Law I. clause 2 ifthe impact on common property will be limited to allowing connection of ancillary services(wiring. ducting and plumbing) betv/een the internal external units.

That in accordance with by-IavJ 5, the owner of the lot must maintain the air-conditioner("the service') in a state of good and serviceable repair all at the cost of the owner of thelot

IV.

v. The owner of the lot must renew and replace the service v/hen necessary, or vrhenreasonable required by the Owners Corporation

vi. All costs associated with the installation and future maintenance of the service to be theresponsibility of the owner of the lot. Any damage caused to the common property duringinstallation to be repaired by the owner of the lot.

The owner of the lot at his/her own expense must make good any damage to any propertyof the Owners Corporation or of the owner or occupier of another lot caused by themalfunction or disrepair of or escape of water from the service.

That the installation is undertaken by a suitably qualified, licensed and insuredtrades person at the cost of the owner of the lot

ix. (a) That all units to be split-systems.(b) Location of the outdoor unit to be on the ground level of balconies, on the

narrow part of the balcony nearest to brick wall of adjoining unit - as indicatedon the attached copy of the strata plan for level3 of "Grevillea" block

(c) Dimensions of the unit, maximum size 900x900x350 (deep).(d) Maximum noise output 53dbA

Condensate to be appropriate Iy discharged(e)

That the service comply with by-!aw of the Strata Schemes Management Act and with allrelevant legislation or any requirements of Local Council (including noise control), relatingto the service at the time of installation and at all times in the future.

xi. That the condensate be adequately drained from the lot into the existing stormwaterdrains.

xii. That stainless steel fasteners be utilised vrhere possible for brackets and mounting points

All costs associated with the removal of the service and restoration of the commonproperty following removal, will be borne by the owners of that lot.

xiv. The owner of the lot shall indemnify the Owners Corporation against all claims fordamages or Injury which may arise from the installation and use of the service.

xv. The owner of the lot shall ensure the service is insured and kept insured for public liabilityin an amount noless than ten million dollars ($10,000,000).

The owner of the lot must pay any expenses incurred by the Owners Corporation in thepreparation, registration and enforcement of this by-law

Vll.

Vlll.

x.

XIIl

XVl



N0 49922 was affixed on the 2.0 day of I"\ A1^.<:_Hpresence of

Names- __}~ <=. , r:> \ r'*-\ o t~\vs\ :s-_.^::::.::7^"'

being the persons authorised by Section 238 of the Strata SchemesManagement Act , 996 to attest the affixing of the seal.

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XVll The service is to comply with by-!aw 17 regarding appearance,

.


THE COMMON SEAL of THE OWNERS - STRATA PLANN0 I9922 was affixed on'the 2.0 day of I~I A e. .c. I+presence of

Names- _'~\<^101 I HOHI^sSIg n atu res. ...*===^=...:..~.>c:;==^,.\>,==^,,,._._.._,.

being the persons authorised by Section 238 of the Strata SchemesManagement Actj996 to. attest the affixing of the seal.

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PT. 53liona2,ToI ICam

form b THE e annexure to the Change of By-Laws

N0 19922 ERS - STRATA PLANpresence of

Names:~...~....^:=.\!;^'_!_~T~\. -10 ~ A s

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,,,,,,.,,^,^.^,,,, AG416410JPRIVACY NOTE Section 31B oilhe Real Property Ad 1900 (RP Act) authorises tire mm .... - ~_.... _ .. _ .by this form for the establishment and maintenance of the Real Properly Act Re isler. Section 96B RP A Ithe Register is made available to any person for search upon payment of a fee. if any.

(A) ToRRENS TmE

(B) LODGED BY

For tile common property

CPISPL9922

eriA, 16E OF BY. LiNew South Wales

Sira!a Schemes Management A

(C) 'Tile Owliers-Siraia FlailN0.19922

DocumentCollectioii

Box

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(D) in accordance with Ihc provisions of section 47 of the

Ihe by-18\^s are chaiiged as follows-

(13) Repealed by-law NO S

Name, Address or DX, Telephone, alld CUSIoiiier Account Nu!nlrer ifanyDavi. d Le Page, SolicitorDX 358, SYDNEY

Added by-law No. special By-Law Nos. 4, 5 and 6- ----. . --, --

Amended by-law No. NOT APPLICABLE

as fully set oui below

1/11/11111111111111111111111111111111111111111

e erence:

isee Annexure Herebo)

L9922:DLL985

._certi!y111at piirsuant 10 a resoki!10n passed on 28 May 2 0LL

Strata Schemes Nana emenC Act L996

'72^,^},, 00>2. ,

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CODE

(!') Tile conimoii seal of lite Owners-Sirela Plan No. L9922

eB

Signature(s}:

Na, ne(s):

being the person(s) allihorise(I by section 238 o1' the Strain Schemes Managemenl Act 1996 to attest the airx' I'11 .'c, I

alld

1151 0I

ALL IL\howruTING MUST BE I:*' BLiXT< CAPl'E\LS0911

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Page I of 3

ill the presence OIL-

LA ND AN D PRO PERTV MANAGEMENT AUTHORl

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.

SPECIAL BY-LAW N0 4

Service of documents on owner of lot by Owners Corporation

A document may be served on the owner of a lot by electronic means if the person has iventhe Owners Corporation an email address for the service of notices and the document is sent tthat address.

SPECIAL BY-LAW No. s

ANNEXURE To NonFrcAnoN OF CHANGE OF BY-LAWSRATA SCHEME N0 19922

Damage to common property

(1) An owner or oneupier of a lot must not mark, paint, drive nails or screws or the likeinto, or otherwise damage or deface, any structure that forms part of the commonproperty except with the prior written approval of the Owners Corporation.

An approval given by the Owners Corporation under clause (1) cannot authorise anyadditions to the common property.

(3) This by-law does not prevent an owner or person athorised by an owner frominstalling:

(a) any locking or other safety device for protection of the owner's lot againstintruders or to improve safety within the owner's lot, or

any screen or other device to prevent entry of animals or insects on the lot,

any structure or device to prevent harm to children, or

(2)

(b)

(c)

(d)

or

Any such locking or safety device, screen, other device or structure must be installedin a competent and proper manner and must have an appearance, after it has beeninstalled, in keeping with the appearance of the rest of the building.

Despite section 62 of the Act, the owner of a lot must:

(a) maintain and keep in a state of good and serviceable repair any installationor structure referred to in clause (3) that forms part of the common propertyand that services the lot, and

THIS is page 2 of a total of 3 and is the annexure to the Chan e of B -Lawsform by THE OWNERS - STRATA PLAN N0 1,9922.

(4)

any device used to affix decorative items to the internal surfaces of walls inthe owner's lot, unless the device is likely to affect the operation of firesafety devices in the lot or to reduce the level of safety in the lots orcommon property.

(5)

THE COMMON SEAL of THE OWNERS - SrRATA PLANNO L9922 was affixed on the25"'day of UGLY 201.2. in thepresence of

Na mes;..... 1:1. e-. J?_I. ..?,=!9:11j!=;......................._.....---...'~ ~ ~~ ~Signatures. --,=^:7\;'==^. x^c=^^*^: "~.....-...

being the persons authorised by Section 238 of the Strata Schemes

,,,, gement ACL a-99' to ''''st "!I"'g Of the seal.

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(b)

SPECIAL BY-LAW No. 6

repa!r any damage caused to any part of the common property by theinstallation or removal of any locking or safety device, screen, other deviceor structure referred to in clause (3) that forms part of the common propertyand that services the lot.

Preservation of fire safety

The owner or orcupier of a lot must not do anything or permit any invitees of the owner ororcupier to do anything on the lot or common property that is like to affect the operation of firesafety devices in the parcel or to reduce the level of fire safety in the lots or common property,

mrsis page 3 of a total of 3 and is the annexure to the Change of By. Lawsform by THE OWNERS - SrRATA PLAN NO J. 9922.

THE COMMON SEAL of THE OWNERS - STRATA PLANN0 1,9922 was affixed on the 25"*day of JULYpresence of

Names:.....!:::,!121_._it!91X!!^:^__.__.-.--...-Signatures:-"^::T^==e_*c>===.^^::

being the persons authorised by Section 238 of the Strata SchemesManagement Act 1,996 to attest the affixing of the seal.

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,,, by, *, ^.^ un 8225/9_..__PRI\ôrNOTE: Section 31B Dine RealPropertyAci1900(RPAct)authorises the Reg A .. _,_....by this form for the establishment and maintenance of the Real Properly Act Register. Section 96B RP Act requires that

(A) ToRRENS TITLE

the Register is made araliable to any person for search upon payment o18 fee, if any.

(B) LODGED BY

For the common property

CPISP1.9922

GhlAl, GE OF BY-LAWSNew South Wales

StrataSchemes Management Anti99^

co) The Owners-Strata Plan No. 19922 certify that pursuant to a resolution passed on 01. June 201.3 and' *.,_ , . ._ __ an

DocumentCollectionBox

(D) in accordance with the provisions of Section 65A ( L ) of Che SLraCa Schemes Management Act 1996the by-laws are changed as follows-

^) Repealed by-law No. NOT APPLLCABLB

IW

Name, Address or DX, Telephone, and Customer Account Number ifany

Davi. d be Page, SOLi. ciCor Ph: 9264 0052

DX 358, SVDNBY

Added by-law No. Special By-Law N0 . 7

Amended by-law No. NOT APPLTCABLE

Referencer 1,9922 : 01,30644

as fully set out below:

11/11/111111111111111111111111111111111111111111

(See annexure Hereco)

CODE

(F) The common seal of the Owners-St

GB

^

Signature(S): -' I' "'i e ,:*'

,am-,-,- ,c""", I' '! ' ^,'^ I^ - ^^-- --^-- . C= .

being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest 111<;^!3;^j!!f! ,t!a^;'Seal.ALL HANDWRlnNG MUST BS in BLOG< CAPl'P. LS.0911

PlanN0. 1,9922 was affixed on 72. 7. 2'6, ,3 in

Page I of 2LAN D AN D PROP ERTf MANAO EM ENT A UTHORITY

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,

SPECIAL BY

That the owner of Lot 31 provide for the ongoing maintenance of the too skylights installedwithin the common roof void servicing the hallway and main bathroom and one athaust faninstalled within the common roof void with the outlet being located on the common propertyroof immediately above the lot.

AN ExuRE To NOT::F CATION O CHANG

W No. 7

STRATA SCHEME N0 ,. 22

F BY-LAWS

THIS is page 2 of a total of 2 and is the annexure to the Change of By-Lawsform by THE OWNERS - SrRATA PLAN N0 1,9922.

^^',.;^^;'^:s^^::;::^,^1"'dafuf ,"'!"'. 202.3intt, epresence of

.-----..===^... ,q 11 @ @ <. ,Sinattires. ---------------~~~~~~~~'~'~~~~~~ ~~~~~~~'~"'~'~~""

being the persons authorised by Section 238 of the Strata SchemesManagement ACL a. 996 to attest the affixing of the seal.

Page 2 of 2

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Real Property Adj900

PRI\ACYNOTE: Section 31B of the Real Property Act1900(RFAct) But hotses the Registrar General to collectthainformaiion requiredby this form for the establishment and maintenance of the Real Property Act Register. Section 96B RP Act requires thatthe Register is made available to any person forgearch upon payment of a fee, If any,

(A) To ERENS TITLE

(8) LODGED BY

For Ihc common properly

CPISP, .9922

certify that pursuant to a resolution passed on 21. May 2 DJ6re) 'I'heO*, ncrs-Strata Plan No. L9922

(D) in accordancc \vilh the provisions of Seccton 52 of che Strata Schemes ManagemenC ACC L996

the by-laws arc changed as follows-

(13) Repealed by. law No. NOT APPLICABLE

Added by-law No. SPECTAL BY-LAW 8

Document

Collection

Box

IW

Name, Addressor DX, Telephone, and Customer Account Numbcrif any

Ph: 9264 0052Le Page LawyersP O Box A94, Sydney SouCh NS, ; L235

Amended by-law No. NOT ApeLTCABLB

Referencer 20,60507

as fully sei out belo\^

(See annexure Bereto)

AK536306H

CODE

(l') 'File common seal of the Owners-Strata Plan No. 19922

GB

Signature(:s):

Namc(s):

641

1/1 tc\\<^ a. ., I

being the person(s) authorised by section 238 or Ihe Strata Schcmcs Management Act 1996 to attest the affixing of the seal.

and

ALL HANDWRITING Must BE us BLOCK CAPio. Ls

0911

. 6.11^?bj

was amxed on

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in the proSCncc of-

LAND A N D P RO P ERTY MAN A GEM ENT AUTHORITY

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.

.

PECIAL B

Replacement of internal Flooring

An owner of a lot is permitted to remove carpet and any underlay and replace with a floatingtimber floor or a tiled floor with works carried out in accordance to the following conditions:-

I. Carpet cover shall be retained in bedrooms. Owners are not permitted to replace a softfloor with a hard floor when the floor above is a bedroom.

ANNEXURE To Non I

W8

ST TASCHEME 0, . 922

2. Any new works shall have the floor slab levelled using a coat of proprietary levelling ofcement poured onto the slab surface to eliminate high points that will short drcuit localvibration isolation efficiency of the materlals used in the upgrading.

New floating timber floors must have a certificate of performance from themanufacturers of the underlay and adhesives used of Uiw+Ci <0r = to 59, tested inaccordance with ISO 717.2 and ISO 717.6.

3.

o C ANGE O BY

Alternatively, the following arrangements may be used:-

a) A 14mm thick floating hardwood floor with 2mm foam slip srieet, Regup0160156/3mm thick impact sound acoustic underlay.

by A 19mm thick hardwood floor adhered to 19mm thick yellow tongue (MDF), duelbonded to Regup01 6010 17/8mm thick impact sound acoustic underlay withRegupol one part polyurethane adhesive. The underlay adhered to the concreteslab.

W

c) A 19mm thick hardwood floor adhered to reinm thick Yellow tongue (MDF), duelbonded to Regup01 6015 6/3mm thick impact sound acoustic underlay withRegupol one part polyurethane adhesive. The underlay adhered to the concreteslab.

Note: if any proprietary compound listed above is no longer available the owner must use anequivalent product after obtaining the approval of the Executive Committee of the OwnersCorporation.

4. New tiled floors must have a certificate of performance from the manufacturers of theunderlay and adhesives used of Uiw+Cl<or = to 62, tested in accordance with ISO 717.2

Alternatively, the following arrangement may be used;

THIS is page 2 of a total of 3 andis the annexure to the Change of By. Lawsform by THE OWNERS - SrRATA PLAN N0 19922.


no L99z2 un^ affixed on tt, ^ 16 day of a>,^^::._ 2006 in th^

""'"" ;;-i-,-, 11 ' '51 g n a tu res -. . .... ' ' " ' ' ' ' ' ' ' ' ' ' " ' ' ' ' ' " " ' ' ' ' ' ' ' ' ' ' ~ ' ' ' ' ' ' ' ' ' ' ' ' '......-.......................... - .......................................

being the persons authorise y Section 238 of the Strata SchemesManagement Act 1996 to attest the armcing of the seal.

Page 2 of 3

, of 87^,,^ 4

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a) A loinm thick minimum tile or dressed stone floor duel bonded to Regup0145154.5mm thick impact sound acoustic underlay with Regupol one part polyurethaneadhesive and underlay adhered to the concrete slab. The tiles to be grouted usingflexible grout. The entire preparation and installation shall be in strict accordancewith the manufacturers recommendations.

Note: it any proprietary compound listed above is no longer available the owner must use anequivalent producL after obtaining the approval of the Executive Committee of the OwnersCorporation.

5. The owner of the unit carrying out the work must submit an application to upgrade theirfloor giving Full details in duding a copy of the test certificate of the materials and methodintended to be used. The details must be submitted to the secretary of the OwnersCorporation and the owner of the unit must not proceed with any work until they are inreceipt of their written approval and signed letter of indemnity in a form agreed by theexecutive committee from time to time. The installation shall be in strict accordance withthe submitted documents or with the approved upgrade methods listed in this by-law.

6. Owners planning to change their flooring must advise the owners of immediatelyadjoining apartments before work is approved by the Owners Corporation.

7. At completion of the work, the owner of the unit must have their installer issue acertificate giving details of the installer, the floor upgrade arrangement used,manufacturers products used and confirmation that the installation was carried out SLr!coyin accordance with the manufacturers published directions.

Any floor upgrade not meeting all of the above conditions will be regarded as non-compliantand registered as works carried out without the Owners Corporation approval.

Even though the floor was installed in accordance with this by-law, the lot owner must ensurethat all floor space within the lot is covered or otherwise treated to an extent to prevent thetransmission of noise from the floor space likely to disturb the peaceful enjoyment of the owneror orcupier of another lot.

This by-law does not apply to floor space comprising the kitchen, laundry, lavatory, bathroomand non-enclosed balconies.

THIS is page 3 of a total of 3 and is the annexure to the Change of By. Lawsform by THE OWNERS - STRATA PLAN F1019922.

THE COMMON SEAL of THE OWNERS - Sri^TA PLAN

un t9922 un^ am, ,^d on tt, ^ I6 day of ;>v, ^:^., 20^6 in th^presence of .6^-AQ. ,Names--~"'~~~"' "~ ~ ""' "' """""""""""""""""SI n at, .I res. - - - - - - - - - - ~ ~ ' ' ' ' ' ' ' ' " ' ' ' ' ' ' ' ' ~ ~ ~ ' ' ' ' ' ' ' ' ' ' ' ~ ' ' ' ' ~ ' ' ' ' ' ' '...-.-.........-... ... ..........----.---..---....~...................,.-.

being the persons authorised by Section 238 of the Strata SchemesManagement Act 3,996 to attest the affixing of the seal.

Page 3 of 3

,';^,' ' ^,,,>I^'^ ' ^$\ - s',"! ^'-:^>^!j\,.,.,,,^".\ ^ ^..

. , I' ,*4.

'. *;.** PORT STEPHENS^ *..

ABN 16744377876

APPLICANT DETAILS:

INFOTRACK PTY LIMITEDGPO Box 4029

SYDNEY NSW 2001

PLANNING CERTIFICATE PURsuANT To

SECTION 10.7 ENVIRONMENTAL PLANNING

AND ASSESSMENT ACT 1979

Reference:

issue Date:

116 Adelaide Street, Raymond Terrace NSW 2324PO Box 42, Raymond Terrace NSW 2324Ph: (02) 4988 0326 Fax: (02) 498736,2

PROPERTY DESCRIPTION:

Email: lancert

Unit 332 Gowrie Avenue NELSON BAY NSW 23.5 Parcel N0: 17390LOT: 33 SP: 22.58

Disclaimer

Information contained in this certificate relates only to the land for which this certificate is issuedon the day it is issued. This information is provided in good faith and Council shall not incur anyliability in respect of any such advice. Council relies on state agencies for advice and accordinglycan only provide that information in accordance with the advice. Verification of the currency ofagency advice should occur. For further information, please contact Council's Strategy and

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Environment Section by telephoning (02) 4980 0326 or email lancerI

Title Information

Title information shown on this Planning Certificate is provided from Council's records and maynot conform to information shown on the current Certificate of Title. Easements, restrictions as touser, rights of way and other similar information shown on the title of the land are not provided onthis planning certificate.

inspection of the landThe Council has made no inspection of the land for the purposes of this Planning Certificate.

PLANNING CERTIFICATE PURsuANT ToSECTION 10.7 ENVIRONMENTAL PLANNING


ortste hens. nsw ovau.

Page No. :Certificate No. :

Parcel No. :

62990

17390

PART A: INFORMATION PROVIDED UNDER SECTION 10.7(2)

Matters contained in this certificate apply only to the land on the date of issue.

Names of relevant planning instruments and DCPs(I ) The name of each environmental planning instrument that applies to the

development on the land.

State Environmental Planning PoliciesState Environmental Planning Policy N0 21 - Caravan Parks

State Environmental Planning Policy N0 30 - Intensive Agriculture

State Environmental Planning Policy N0 33 - Hazardous and Offensive Development

State Environmental Planning Policy N0 36 - Manufactured Home Estates

State Environmental Planning Policy N0 44 - Koala Habitat Protection

State Environmental Planning Policy N0 50 - Canal Estate Development

State Environmental Planning Policy N0 55 - Reined Iation of Land

State Environmental Planning Policy N0 62 - Sustainable Aquaculture

State Environmental Planning Policy N0 64 - Advertising and Signage

State Environmental Planning Policy N0 65 - Design Quality of Residential ApartmentDevelopment

State Environmental Planning Policy (Affordable Rental Housing) 2006

State Environmental Planning Policy (Building Sustainability Index BASIX) 2004

State Environmental Planning Policy (Educational Establishments and Child CareFacilities) 2017

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

State Environmental Planning Policy (Housing for Seniors or People with a Disability)2004

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Rural Lands) 2008

State Environmental Planning Policy (State and Regional Development) 2011

State Environmental Planning Policy (State Significant Precincts) 2005

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

State Environmental Planning Policy (Coastal Management) 2018

I.

Local Environmental Plan

Port Stephens Local Environmental Plan 2013

(2) The name of each proposed environmental planning instrument that will apply to thecarrying out of development on the land and that is or has been the subject ofcommunity consultation or on public exhibition under the Act (unless Secretary hasnotified the Council that the making of the proposed instrument has been deferredindefinitely or has not been approved).

PLANNING CERTIFICATE PURSUANT ToSECTION 10.7 ENVIRONMENTAL PLANNING



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Draft State Environmental Planning PoliciesNo draft State Environmental Planning Policies affect the site the subject of thisCertificate.

Draft Local Environmental Plan

No draft Local Environmental Plans currently exist which affect the site the subject of thiscertificate.

Development Control Plans(3) The name of each development control plan that applies to the carrying out of

development on the land.

Port Stephens Development Control Plan 2014.

Zoriing and land use under relevant Local Environmental Plan(s)What is the identity of the zoriing for the land?

R3 Medium Density Residential

2.

Land Use Table - R3 Medium Density Residential(a) The land is zoned R3 Medium Density Residential under the provisions of Part 2

in the Port Stephens Local Environmental Plan 2013.(b) Item 2 - Permitted without consent

Home occupations(c) item 3 - Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Buildingidentification signs; Business identification signs, Centre-based child care facilities;Community facilities; Dual occupancies; Dwelling houses; Emergency servicesfacilities; Environmental protection works; Exhibition homes; Exhibition villages; Floodmitigation works; Group homes; Home-based child care; Home businesses; Homeindustries; Hostels; hotel or motel accommodation; Multi dwelling housing;Neighbourhood shops; Places of public worship; Recreation areas; Residential flatbuildings; Respite day care centres; Roads; Secondary dwellings; Semi-detacheddwellings; Serviced apartments; Seniors housing; Water reticulation systems(d) Item 4 - Prohibited

Any development not specified in item 2 or 3(e) Development Standard for the erection of a dwelling-house

No development standard that fixes a minimum land dimension for the erection of adwelling-house applies to the land.

co Does the land include or comprise a critical habitat?Port Stephens Local Environmental Plan 2013 does not identify the land as including orcomprising critical habitat.

(9) Is the land in a heritage conservation area?The land is not located within a heritage conservation area under the Port Stephens LocalEnvironmental Plan 2013.

(h) Is an item of environmental heritage situated on the land?The land is not identified as containing an item of environmental heritage significanceunder the provisions in Port Stephens Local Environmental Plan 2013.

Note. The land subject of this certificate does not have a site specific clause applying to it.

PLANNING CERTIFICATE PURSUANT ToSECTION 10.7 ENVIRONMENTAL PLANNING



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2A. Zoriing and land use under State Environmental Planning Policy (Sydney RegionGrowth Centres) 2006

Not applicable to the Port Stephens Local Government Area.

Complying DevelopmentWhether or not the land to which the certificate relates is land on which complyingdevelopment may be carried out under State Environmental Planning Policy (Exempt andComplying Development Codes) 2008?

3.

Housin Code

Complying development under the General Housing Code MAY be carried out on theland.

Rural Housin Code

Complying development under the Rural Housing Code MAY be carried out on the land.

Low Rise Medium Densit Code

Complying development under the Low Rise Medium Density Housing Code MAY becarried out on the land.

Greenfield Housin Code

Complying development under the Greenfield Housing Code MAY be carried out on theland.

Housin Alterations Code

Complying development under the Housing Alterations Code MAY be carried out on theland.

General Develo merit Code

Complying development under the General Development Code MAY be carried out on theland.

Commercial and Industrial Alterations Code

Complying development under the Commercial and Industrial alterations Code MAY becarried out on the land.

Commercial and Industrial New Buildin s and Additions Code

Complying development under the Commercial and industrial (New Buildings andAdditions) Code MAY be carried out on the land.

Container Rec clin Facilities Code

Complying development under the Container Recycling Facilities code MAY be carried outon the land.

Subdivisions Code

Complying development under the Subdivision Code MAY be carried out on the land.

Demolition Code

Complying development under the Demolition Code MAY be carried out on the land.




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Fire Safet Code

Complying development under the Fire Safety Code MAY be carried out on the land.

Note. If the land is a lot to which the Housing Code, Rural Housing Code, Low RiseMedium Density Housing Code, Greenfield Housing Code, Housing Alterations Code,General Development Code, or Commercial and industrial (New Buildings and Additions)Code (within the meaning of the State Environmental Planni'rig Pollby (Exempt andComplying Development Codes) 2008 applies, complying development may be carried outon any part of the lot that is not affected by the provisions of clause 1.19 of that Policy

(Repealed)

(Repealed)

Annual charges under Local Government Act 7993 for coastal protection servicesthat relate to existing coastal protection works

4.

4A.

4B.

The land is not subject to annual charges under section 496B of the Local GovernmentAct f 993 for coastal protection services relating to existing coastal protection works towhich the owner (or any previous owner) of the land has consented.

Note. "existing coastal protection works" are works to reduce the impact of coastalhazards on land (such as seawalls, revetments, groynes and beach nourishment) thatexisted before the commencement of section 553B of the Local Government Act 7993.

5. Mine Subsidence

Whether or not the land is proclaimed to be a mine subsidence district within the meaningof section I5 of the Mine Subsidence Coinpensatibn Act 1967 or within an area declaredto be a mine subsidence district under the Coal Mine Subsidence Compensation Act2077.

6.

The land is not within a proclaimed or declared mine subsidence district.

Road widening and road realignmentCouncil's records indicate that the land the subject of this Certificate is not affected by anyroad widening or road realignment under:- (I ) Section 25 of the Roads Act 1993; or (2)any environmental planning instrument; or (3) any resolution of the Council.

Council and other public authority policies on hazard risk restrictionsCouncil's records indicate that the land subject of this certificate Is NOT affected by RAAFBase Williamtown & Salt Ash Weapons Range 2025 ANEF (10th August 2011); or theAircraft Noise Planning Area within Port Stephens Development Control Plan 2014Chapter B7 Aircraft Noise for Buildings.

Flood related development controls informationFLOOD PLANNING AREA - Development on the land or part of the land for the purposesof dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings orany other purpose is subject to flood related development controls. If you wish to apply fora Flood Certificate, please refer to Council's Flood Certificate Information on our websiteat WWW. portstephens. nsw. gov. au

7.

7A.

PLANNING CERTIFICATE PURSUANT ToSECTION 107 ENVIRONMENTAL PLANNING



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MINIMAL RISK FLOOD PRONE LAND - Development on the land or part of the land forthe purposes of critical emergency response, recovery facilities and infrastructure anddevelopment which are particularly vulnerable to emergency response including grouphomes, seniors housing and child care facilities is subject to flood related developmentcontrols. If you wish to apply for a Flood Certificate, please refer to Council's FloodCertificate Information on our website at WWW. portstephens. nsw. gov. au

POTENTIALLY FLOOD PRONE LAND SUBJECT To FURTHER INVESTIGATION

Development on the land or part of the land for the purposes of critical emergencyresponse, recovery facilities and infrastructure and development which are particularlyvulnerable to emergency response including group homes, seniors housing and child carefacilities is subject to flood related development controls. Development on the land or partof the land for the purposes of dwelling houses, dual occupancies, multi dwelling housingor residential flat buildings or any other purpose may be subject to flood relateddevelopment controls. further informationFor please email

floodrequests@portstephens. nsw. gov. au

Land reserved for acquisitionWhether or not any environmental planning instrument or proposed environmentalplanning instrument makes provision in relation to the acquisition of the land by a publicauthority, as referred to in Section 3.15 of the Environmental Planning and AssessmentAct 1979 (the Act).The Port Stephens Local Environmental Plan 2013 DOES NOT provide for the acquisitionof this land, or part thereof, by a public authority as referred to in Section 3.15 of the Act.

Contributions plansThe name of each contributions plan applying to the land

* port Stephens Development Contributions Plan 2007.* port Stephens Fixed Development Contributions Plan 2006.

Note. These documents specify development contributions required towards the cost ofproviding additional community services or facilities if a property is developed. They are

8.

9.

9A.

available on request from Council or can be viewed WWW. onste hens. nsw

Biodiversity certified landIf the land is biodiversity certified land under Part 8 of the Biodrversity Conservation Act2076, a statement to that effect.

No

Note. Biodiversity certified land includes land certified under Part 7AA of the ThreatenedSpecies Conservation Act 7995 that is taken to be certified under Part 8 of the BibdiversityConservation Act 2076.

10. Biodiversity stewardship sitesIf the land is a biodiversity stewardship site under a biodiversity stewardship agreementunder Part 5 of the Biodiversity Conservation Act 2076, a statement to that effect (but onlyif the council has been notified of the existence of the agreement by the Chief Executive ofthe Office of Environment and Heritage).

No



ov. au.


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Note. Biodiversity stewardship agreements include biobanking agreements under Part 7Aof the Threatened Species Conservation Act 1995 that are taken to be biodiversitystewardship agreements under Part 5 of the Bind^êrsity Conservation Act 2076.

Native vegetation clearing set asidesIf the land contains a set aside area under section 60ZC of the Local Land Services Act

2073, a statement to that effect (but only if the council has been notified of the existenceof the set aside area by Local Land Services or it is registered in the public register underthat section).

10A.

The land DOES NOT contain a set aside area under section 60ZC of the Local LandServices Act 2013.

11. Bush fire prone landWhether or not some, all or none of the land is bush fire prone land.

All of the land is identified as bush fire prone land in Council's records. Further details ofany applicable restrictions on development of the land may be obtained on application toCouncil. For further information, please contact Council's Duty Officer by telephoning49880115.

12. Property vegetation plansIf the land is land to which a property vegetation plan under the Native Vegetation Act2003 (and that continues in force) applies, a statement to that effect (but only if the councilhas been notified of the existence of the plan by the person or body that approved theplan under that Act).

Council has not been notified of any Property Vegetation Plans under the NativeVegetation Act 2003 (and that continues in force) that affect the land to which thiscertificate applies.

Orders under Trees (Disputes Between Neighbours) Act 2006Whether an order has been made under the Trees (Disputes Between Neighbours) Act2006 to carry out work in relation to a tree on the land (but only if the council has beennotified of the order).

The land is not affected by an order under the Trees (Disputes Between Neighbours) Act2006 (of which Council is aware).

I3.

I4. Directions under Part 3A

Whether there is a direction by the Minister in force under section 75P(2)(of ) of the Act.

The land is not affected by a direction by the Minister, in force under section 75P(2)(cl ) ofthe Environmental Planning and Assessment Act 7979.

Site compatibility certificates and conditions for seniors housingIf the land is land to which State Environmental Planning Policy (Housing for Seni'ors orPeople with a Disability) 2004 applies:

(a) Whether or not Council is aware of a current site compatibility certificate (seniorshousing), in respect of the proposed development on the land.

I5.




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Council is not aware of a site compatibility certificate (seniors housing) issued inrespect of the subject land.

(b) Whether or not any terms of a kind referred to in clause 18(2) of that Policy that havebeen imposed as a condition of consent to a development application granted afterOctober 2007 in respect of the land.

No terms referred to in clause 18(2) of the policy have been imposed as a conditionof development consent in respect of the land to which this certificate relates.

Site compatibility certificates for infrastructure, schools or TAFE establishmentsWhether or not Council is aware of a valid site compatibility certificate (infrastructure) orsite compatibility certificate (schools, or TAFE establishments) in respect of proposeddevelopment on the land.

Council is not aware of a vaild site compatibility certificate (infrastructure) or sitecompatibility certificate (schools, or TAFE establishments) in respect of proposeddevelopment on the land.

Site compatibility certificates and conditions for affordable rental housing(I ) Whether or not Council is aware of a current site compatibility certificate (affordable

rental housing) in respect of proposed development on the land.

Council is not aware of a current site compatibility certificate issued under StateEnvironmental Planning Policy (Affordable Rental Housing) 2009.

(2) Whether or not any terms of a kind referred to in clause 17 (I ) or 38 (I ) of StateEnvironmental Planning Pollby 44170rdable Rental Housing) 2009 that have beenimposed as a condition of consent to a development application in respect of theland.

16.

I7.

The land is not affected by any terms of a kind (of which Council is aware) referred to inclause 17(I ) or 38(I ) of State Environmental Planning Pollby 64170rdable Rental Housing)2009 that have been imposed as conditions of consent to a development applicationgranted after 11th October, 2007 in respect of the land.

Paper subdivison information(I ) The name of any development plan adopted by a relevant authority that applies to

the land or that is proposed to be subject to a consent ballot.(2) The date of any subdivision order that applies to the land.(3) Words and expressions used in this clause have the same meaning as they have in

Part 16C of Environmental Planning and Assessment Regulation 2000.

Not applicable.

I8.

I9. Site verification certificates

Whether or not Council is aware of a current site verification certificate, in respect of theland.

20.

Council is not aware of a current site verification certificate in respect of the land.

Loose-fill asbestos insulation




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Whether or not the land includes any residential premises (as defined in Division IA ofPart 8 of the Home Buildihg Act 7989) that are listed on a register of residential premisesthat contain or have contained loose-fill asbestos insulation.

The land DOES NOT include any residential dwelling identified on the Loose-Fill AsbestosInsulation Register as containing loose-fill asbestos ceiling insulation. For furtherinformation, please contact Department of Fair Trading by telephoning 137788 or go totheir website at WWW. faintading. nsw. gov. au.

Affected building notices and building product rectification orders

Whether nor not there is any affected building notice of which the council is aware that is inforce in respect of the land.There is no affected building notice in force in respect of the land.

21.

(1)

(2)

(a)

A statement of:

Whether there is any building product rectification order of which the council is aware that isin force in respect of the land and has not been fully complied with.

(b)

No

Whether any notice of intention to make a building product rectification order of which thecouncil is aware has been given in respect of the land and is outstanding.

Additional matters

No

Note. The following matters are prescribed by section 59 (2) of the Contaminated LandManagement Act 1997 as additional matters to be specified in a planning certificate:

(c) Whether or not the land to which the certificate relates is significantly contaminated landwithin the meaning of that Act.

(d) Whether or not the land to which the certificate relates is subject to a management orderwithin the meaning of that Act.

(e) Whether or not the land to which the certificate relates is the subject of an approvedvoluntary management proposal within the meaning of the Act.

co Whether or not the land to which this certificate relates is subject to an ongoing maintenanceorder within the meaning of that Act.

(9) Whether or not the land to which the certificate relates is the subject of a site audit statementwithin the meaning of that Act - if a copy of such statement has been provided at any time tothe local authority issuing the certificate.

There are no prescribed matters under section 59(2) of the Contaminated Land Management Act1997 to be disclosed.

Issued by Port Stephens Council Development Services Group,on behalf of Wayne Wallis, General Manager




Parcel No. :

9

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Parcel No. :

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HUNTER WATER CORPORATION

PROPERTY ADDRESS: 2 GowRiEAVE NELSON BAY 2315

LOT/SECTIONIDP:SP: 33/1sP 22758

A. B. N. 46228513446

SERVICE LOCATION PLAN

Enquiries: 1300 657657

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IF THE ABOVE DIAGRAM SHOWS A HUNTER WATER CORPORATION ASSETLOCATED WTHiN THE PROPERTY. YOUR ATTENTION Is DRAWN ToSECTION 25 OF THE HUNTER WATER ACT 1991 (NSW). ANY DEVELOPMENTLIKELY To IMPACT THESE ASSETS REQUIRES PRIORAPPRovAL FROMHUNTER WATER CORPORATION AND SPECIAL PROTECTION WORKS MAYBE REQUIRED. PHONE 1300657657. FOR MORE INFORMATION

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SEMENWATER/RECYCLED WATERUTILITY DATA9 HUNTER WATER CORPORATION

^^NSWGOVERNMENT

Pool No:

Property Address:

Date of Registration:

Type of Pool:

Description of Pool:

d34a6, a2

2 GowRiE AVENUE NELSON BAY

17 October 2013

An outdoor pool that is not portable or in flatable

in ground concrete

The swimming pool at the above premises has been registered in accordance with Section 30B of theSwimming Pools Act 7992.

NSW SWIMMING POOL REGISTER

Certificate of Registration

Section 30C - Swimming Pools Act I 992

The issue of this certificate does not negate the need for regular maintenance of the pool.

Please remember:

. Children should be supervised by an adult at all times when using your pool

. Regular pool barrier maintenance

. Pool gates must be closed at all times

. Don't place climbable articles against your pool barrier

. Remove toys from the pool area after use

You may be required to obtain a Pool Compliance Certificate before you lease or sell your property.Contact your council for further information.

This is NOT a Certificate of Compliance

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Pool No:

Property Address:

Expiry Date:

Issuing Authority:

d34a6, a2

2 GowRiE AVENUE NELSON BAY

12 June 2020

GEORGE FRANK REJTANO - Accredited Certifier -

bpb2357

The swimming pool at the above property complies with Part 2 of the Swimming Pools Act 7992. The issueof this certificate does not negate the need for regular maintenance of the swimming pool barrier to ensureit is compliant with the Swimming Pools Act 7992.

NSW SWIMMING POOL REGISTER

Certificate of Compliance

Section 220 - Swimming Pools Act 1992

This certificate ceases to be valid if a direction is issued pursuant to Section 23 of the Swimming Pools Act7992.

The swimming pool at the above property is not required to be inspected under the inspection program ofthe local authority while this certificate of compliance remains valid pursuant to Section 22B(3) of theSwimming Pools Act 7992.

Please remember:

. Children should be supervised by an adult at all times when using your pool

. Regular pool barrier maintenance

. Pool gates must be closed at all times

. Don't place climbable articles against your pool barrier

. Remove toys from the pool area after use