The Waterfront, Shell Cove - Ancora - Contract by Frasers Property Australia

© 2019 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012 457. You can prepare your own version of pages 1 to 3 of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), 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 2019 edition

TERM vendor’s agent

MEANING OF TERM Frasers Property Real Estate Pty Limited Level 2, 1C Homebush Bay Drive, Rhodes NSW 2138

co-agent depositholder vendor

Nil. Vendor’s solicitor Invest deposit: YES Shellharbour City Council 76 Cygnet Avenue, Shellharbour City Centre 2529 Holding Redlich Level 65, MLC Centre, 19 Martin Place, Sydney NSW 2000

vendor’s solicitor

NSW DAN: ABN 94 065 458 782 Phone (02) 9767 2000 Fax (02) 9767 2916 No ABN 78 392 627 134 Phone 0408 283 727 Fax (02) 8083 0399 Ref Vanya Lozzi / Chenchen Huang Email e2apartments @holdingredlich.com

See clauses 15 and 33 Address: Lot , Council Reference , ‘Ancora’, E2 Apartments, Cormorant Way, Shell Cove, NSW 2529 (see clause 37.16) Plan: Unregistered plan: Being Lot in an unregistered strata plan (copy attached). The strata plan is a subdivision of Lot 5071 in Deposited Plan 1238340 (copy attached). Title: Part folio identifier 5071/1238340 (copies attached).

date for completion land (address, plan details and title reference)

improvements

VACANT POSSESSION apartment other

attached copies

subject to existing tenancies car parking space

documents in the List of Documents as marked

Finish Level Colour scheme FIRB approval required Proposed Use

Premium Deluxe Coast Harbour Boardwalk (see clause 38.6) Yes No (see clause 63) Personal occupation by purchaser INVESTMENT FOR RENTAL PURPOSES

The purchaser is to provide to the vendor on the making of this contract a copy of an Australian drivers licence or other equivalent identification for Australian residents or a passport for a foreign person. A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property. See Schedule of Finishes (some may be fixtures) inclusions Nil exclusions purchaser ACN Phone Email purchaser’s solicitor Phone Fax Ref Purchaser’s ID

price deposit balance contract date guarantor

$ $ $

(10% of the price, unless otherwise stated) (if not stated, the date this contract was made)

Name and address: Name and address:

For signature clauses see signature schedule attached vendor

purchaser

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GST

The price includes GST (see clause 55)

JOINT TENANTS

tenants in common

witness

in unequal shares

witness

Vendor agrees to accept a deposit-bond (clause 57) proposed electronic transaction (clause 74)

Choices

NO no

yes YES

Tax information (the parties promise this is correct as far as each party is aware) land tax is adjustable NO yes GST: Taxable supply NO yes in full yes to an extent margin scheme will be used in making the taxable supply NO yes This sale is not a taxable supply because (one or more of the following may apply) the sale is:  not made in the course or furtherance of an enterprise that the vendor carries on (section 9-5(b))  by a vendor who is neither registered nor required to be registered for GST (section 9-5(d))  GST-free because the sale is the supply of a going concern under section 38-325  GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-O  input taxed because the sale is of eligible residential premises (sections 40-65, 40-75(2) and 195-1) Purchaser must make an GSTRW payment no YES (if yes, vendor must provide (residential withholding payment) further details) If the further details below are not fully completed at the contract date, the vendor must provide all these details in a separate notice in accordance with clause 55.2(c). GSTRW Payment (GST residential withholding payment) – further details Frequently the supplier will be the vendor. However, sometimes further information will be required as to which entity is liable for GST, for example, if the supplier is a partnership, a trust, part of a GST group or a participant in a GST joint venture. Supplier’s name: Shellharbour City Council Supplier’s ABN: 78 392 627 134 Supplier’s GST branch number (if applicable): Supplier’s business address: 76 Cygnet Avenue, Shellharbour City Council 2529 Supplier’s email address: Paul.henderson@shellharbour.nsw.gov.au Supplier’s phone number: 02 4221 6078 Supplier’s proportion of GSTRW payment: 100% If more than one supplier, provide the above details for each supplier. Amount purchaser must pay – price multiplied by the GSTRW rate (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?

yes

If “yes”, the GST inclusive market value of the non-monetary consideration: $ Other details (including those required by regulation or the ATO forms):

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List of Documents General 1 property certificate for the land 2 plan of the land 3 unregistered plan of the land 4 plan of land to be subdivided 5 document to be lodged with a relevant plan 6 section 10.7(2) planning certificate under Environmental Planning and Assessment Act 1979 7 additional information included in that certificate under section 10.7(5) 8 sewerage infrastructure location diagram (service location diagram) 9 sewer lines location diagram (sewerage service diagram) 10 document that created or may have created an easement, profit à prendre, restriction on use or positive covenant disclosed in this contract 11 planning agreement 12 section 88G certificate (positive covenant) 13 survey report 14 building information certificate or building certificate given under legislation 15 lease (with every relevant memorandum or variation) 16 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 clearance certificate 23 land tax certificate Home Building Act 1989 24 insurance certificate 25 brochure or warning 26 evidence of alternative indemnity cover Swimming Pools Act 1992 27 certificate of compliance 28 evidence of registration 29 relevant occupation certificate 30 certificate of non-compliance 31 detailed reasons of non-compliance

Strata or community title (clause 43 of the contract) 32 property certificate for strata common property 33 plan creating strata common property 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 51 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 Management Act 2015 56 information certificate under Community Land Management Act 1989 57 disclosure statement - off the plan contract 58 other document relevant to off the plan contract 59 other: See list of attachments

HOLDER OF STRATA OR COMMUNITY TITLE RECORDS – Name, address and telephone number To be appointed on registration of the strata plan.

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Certificate Section 66W Conveyancing Act, 1919 Name of Vendor:

Shellharbour City Council

"the Vendor"

Address of Property:

"the Property"

Name of Purchaser(s) or Officer of the Company where the Purchaser is a Corporation

"the Purchaser"

I, of certify as follows 1.

I am a Solicitor/Barrister currently admitted to practice in New South Wales.

I am giving this Certificate in accordance with Section 66W of the Conveyancing Act, 1919 with reference to the Contract for Sale of the Property from the Vendor to the Purchaser in order that there is no cooling off period in relation to that Contract.

I do not act for the Vendor and am not employed in the legal practice of a Solicitor acting for the Vendor nor am I a member or employee of a firm of which the Solicitor acting for the Vendor is a member or employee.

I have explained to the Purchaser: (a)

the effect of the Contract for Sale of the Property;

(b)

the nature of this Certificate;

(c)

that the effect of giving this Certificate to the Vendor means there is no cooling off period in relation to the Contract for Sale.

Dated: ……………………………………. Signature of Solicitor/Barrister

SIGNATURE SCHEDULE Vendor

Purchaser (Individual)

Signed on behalf of Shellharbour City Council

____________________________________ Purchaser

____________________________________ Chief Executive Officer/Public Officer

____________________________________ Purchaser ____________________________________ Witness

____________________________________ Name of Chief Executive Officer/Public Officer (print)

Purchaser (Attorney)

In the presence of:

Signed by the Purchaser’s Attorney under power of attorney dated In the presence of:

____________________________________ Witness

____________________________________ Attorney ____________________________________ Name of Attorney (print) ____________________________________ Witness Purchaser (Company) Signed by the Purchaser in accordance with s127(1) of the Corporations Act by ____________________________________ Secretary/Director ____________________________________ Director Guarantor (Company) Signed by the guarantor in the presence of: ____________________________________ Guarantor ____________________________________ Guarantor ____________________________________ Witness

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i Shell Cove – Precinct E, E2 Apartments

Introduction This Introduction is included as a summary of the development for convenience only, does not form part of the contract and must be ignored in the interpretation of this contract. The Development A

The ‘Ancora’ Precinct E Stage E2 Apartments are part of the vendor’s Shell Cove development.

The ‘Ancora’ E2 Apartments will be a strata scheme regulated by the Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015.

The vendor intends to register the strata plan as follows: Lot

Description

Strata plan is to strata subdivide Lot 5071 in Deposited Plan 1238340 to create 64 residential strata lots, 1 utility lot (lot 65) and common property.

Residential strata lots

The Disclosure Statement D

The disclosure statement is attached to this contract in Attachment 1 as required by section 66ZM of the Conveyancing Act.

The Contract E

The title offered is strata freehold title under the Strata Schemes Development Act 2015.

The price for the property is stated on the front page of the contract.

Completion is due on the later of: •

21 days after the vendor serves notice of the registration of the strata plan and a copy of the registered strata plan and any other document that was registered with that plan;

•

14 days after the date the vendor serves a copy of an occupation certificate; and

•

28 days after the contract date.

The deposit will be paid to the depositholder being the vendor’s solicitor as stakeholder in accordance with the contract and invested with a bank. Upon completion interest will be shared equally between the purchaser and the vendor.

The vendor may (subject to the purchaser rights) make the amendments as set out in the contract changing the strata plan and specifications for the residential building of which the property forms part. This includes changing fixtures and fittings to at least equivalent quality fixtures and fittings.

BAL v3

ii Shell Cove – Ancora, Precinct E, E2 Apartments

The vendor may (subject to the purchaser rights), also make changes to the area of lots including an increase or reduction in the area of the property up to 5% from that shown in the disclosure statement.

If the vendor has not obtained finance approval or achieved presales on or before 31 March 2023 (as may be extended) the vendor can rescind.

If the registration of the strata plan (including the strata plan instrument and bylaw instrument) or issue of the occupation certificate does not happen by 31 May 2024 (or a later date if the vendor has extended the date by not more than 12 months) then: (a)

subject to complying with the provisions of section 66ZS of the Conveyancing Act 1919 (NSW), the vendor can rescind at any time after the sunset date but before completion by serving notice; and

(b)

the purchaser can rescind within 14 days from the sunset date and this time is essential.

If that happens, the deposit will be refunded.

BAL v3

iii Shell Cove – Ancora, Precinct E, E2 Apartments

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ÿ ÿ ÿ ÿ ! ÿ "ÿ! !ÿ "ÿ

Contents 33

Definitions, interpretation and general

Variations to the printed clauses of this contract

Completion subject to conditions

Completion

Disclosures

Development

Defects warranty

Changes to strata plan

Changes to documents

Staged strata

Strata title

Notations on certificates of title

Restricted matters

Acknowledgements and warranties by the purchaser

Capacity

Agent

Lodgement of caveat

Existing Encumbrances

Qualifying Expenditure

Water rates

Council rates

Deposit

GST

Guarantee

Deposit Bond

BAL v3

i Shell Cove – Precinct E, E2 Apartments

Privacy Act

Government Information (Public Access) Act 2009

Home Building Act 1989

Vendor’s marketing material

Commercial Interests

Foreign investment approval

Trustee provisions

Transfer of property from vendor to New Vendor

Limitations on purchaser’s rights

Prohibited entities

Assignment by purchaser

Pre-settlement inspection

Appliance Warranties

Finance Approval and Presales

Foreign resident capital gains withholding payments

Forum of law

Electronic conveyancing

Embedded Energy Network

Attachments

BAL v3

ii Shell Cove – Ancora, Precinct E, E2 Apartments

SCHEDULE 1

Sunset date: 31 May 2024 (as may be extended under clause 35.4) ______________________________________________________________________

SCHEDULE 2 (clause 44) 1.

Those notations referred to on Certificate of Title Folio Identifier 5071/1238340.

Interests to be recorded on the folio of the register comprising the common property.

Attention is directed to the by-law instrument of the strata scheme to be filed with the strata plan.

Those easements, restrictions as to user, covenants, substation leases, by laws and other encumbrances contemplated by this contract.

______________________________________________________________________

SCHEDULE 3 (clause 44)

BAL v3

Those notations referred to on Certificate of Title Folio Identifier 5071/1238340.

Attention is directed to the by-law instrument of the strata scheme to be filed with the strata plan.

Those easements, restrictions as to user, covenants, substation leases, by laws and other encumbrances contemplated by this contract to be created.

1 Shell Cove – The E2 Apartments

Additional Provisions 33

Definitions, interpretation and general

33.1

Definitions In this contract these terms (in any form) have the following meaning: adaptable apartments means those lots in the strata plan set out in the list titled “adaptable apartments” attached to this contract at attachment 16 subject to any changes permitted under this contract. authority means any government, semi-government, statutory, public or other authority having any jurisdiction over the development site or any part of Shell Cove. building means building A, building B and building C as shown on the strata plan to be constructed on the parcel substantially in accordance with the development consent and this contract. by-law instrument means the by-law instrument (copy draft attached) to be registered with the strata plan with or without any changes permitted under this contract. common property means the common property the subject of the strata scheme. consent authority means the relevant authority, Council or court having authority or jurisdiction over the development site or the property or both. construction amendment includes: (a)

changes to the location of areas designed to be used primarily for storage or accommodation of motor vehicles or goods and not for human occupation such as a residence, shop, office or the like(s);

(b)

relocation of columns or other structural items;

(c)

changes to floor area or ceiling height;

(d)

changes due to requirements of the vendor to enable the proper construction of the building;

(e)

changes to the exterior of any part of the building, including landscaping;

(f)

changes to the internal layout of a property;

(g)

changes to enable the provision of services to the building; and

(h)

changes required in order to comply with the requirements of any authority or as required by legislation,

or any one or more of them. Conveyancing Act means the Conveyancing Act 1919 (NSW). Conveyancing Regulation means the Conveyancing (Sale of Land) Regulation 2017 (NSW). Corporations Act means the Corporations Act 2001 (Cth). Council means Shellharbour City Council or its successor. BAL v3

2 Shell Cove – Ancora Precinct E, E2 Apartments

Customer Agreement means the customer agreement or agreements which is contained in Attachment 15 subject to any variations as set out in this contract to be completed and entered into between the Embedded Network Operator and each of: (a)

the owners corporation in relation to the Embedded Utility Services provided to the common property; and

(b)

each owner or occupier of a lot (including the property) in relation to Embedded Utility Services provided to such lot.

date for completion is, if at the contract date: (a)

(b)

the strata plan has not been registered, the later of: (i)

21 days after the vendor serves notice of registration of the strata plan and a copy of the registered strata plan and any other document that was registered with that plan;

(ii)

14 days after the date the vendor serves a copy of an occupation certificate; and

(iii)

28 days after the contract date; and

the strata plan has been registered, the later of: (i)

14 days after the date the vendor serves a copy of an occupation certificate; and

(ii)

28 days after the contract date.

defects means any defects or faults in the property due to faulty materials or workmanship as set out in the NSW Guide to Standards and Tolerances 2017 issued by the NSW Department of Fair Trading (Guide) but excluding normal maintenance, normal wear and tear, minor shrinkage and minor settlement cracks, variations in shade, colour, textures, markings or finish attributable to the type of material, anything not considered a defect in the Guide, and any defect caused by the purchaser or any person claiming through the purchaser. defects notice means a written notice identifying any defects in the property the purchaser wishes to be rectified. defects period means the period commencing on the date of completion and ending on the date 3 months after the date of completion. Development Act means the Strata Schemes Development Act 2015 (NSW). development activities means any work intended to be carried out by the vendor to complete any development in the development site or Shell Cove including:

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(a)

the subdivision and consolidation (by any means, including strata subdivision) of the land forming part of the development site or Shell Cove

(b)

any works associated with creating or moving ingress and egress points for Shell Cove or buildings within Shell Cove, including changing the location of minor roads;

3 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

placing on the development site or Shell Cove generally anything in connection with construction and development works including temporary structures, signs, building materials, fences, cranes and other equipment;

(d)

any form of demolition work, building work and work ancillary to or associated with building work or installation of infrastructure including services in the development site;

(e)

any form of landscaping work or work ancillary to or associated with landscaping work on the development site;

(f)

carrying out the proposed development of the development site in stages; and

(g)

any form of work, which is considered necessary or desirable by the vendor.

development consent means consent to development application no DA0058/2020 granted by Council as amended, modified or substituted from time to time. development site means Lot 5071 in Deposited Plan 1238340. disclosure statement has the same meaning as in Division 10 and is the document titled “Disclosure Statement – Off the Plan Contracts” attached to this contract as required by section 66ZM of the Conveyancing Act. Division 10 the Division 10 of Part 4 of the Conveyancing Act. Embedded Network means the infrastructure installed in the building which provides the Embedded Utility Services. Embedded Network Costs includes:

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(a)

initial and ongoing service provider costs such as metering, billing and customer service system establishment costs, legal and engineering advisory services, agency fees, reporting, compliance and marketing costs;

(b)

the manufacture, supply and installation of operating assets, both essential (metres and wires) and discretionary (such as solar photovoltaic panels);

(c)

the supply of energy from the grid measured at the parent meter;

(d)

manufacturing energy at the premises, for example, from solar generation or within a centralised hot water plant;

(e)

metering each occupant’s energy consumption;

(f)

extracting the metered data from the energy meters and ensuring that the extracted data is fit for purpose;

(g)

producing and issuing invoices for each occupant’s consumption of energy;

(h)

collecting payment from occupants;

(i)

costs of the customer call centre(s);

(j)

administrative costs associated with establishing and switching customer energy accounts, connections and disconnections;

(k)

costs associated with late customer payments, part payments and bad debts (including support programs for customers in financial hardship);

4 Shell Cove – Ancora Precinct E, E2 Apartments

(l)

operating costs of the Embedded Network assets; and

(m)

maintenance, repair and replacement costs of Embedded Network assets.

Embedded Network Documents means: (a)

the Services Deed;

(b)

the Customer Agreement; and

(c)

the indicative costs schedule (being a schedule of costs payable by occupiers and an owners corporation at the date of this contract). This schedule is subject to change.

Embedded Network Lot means Lot 65 in the strata plan. Embedded Network Operator means the operator of the Embedded Network, which may be Real Utilities or another operator. Embedded Utility Services means the services described in clause 75(d)(ii). Expert means a person nominated by the Resolution Institute at the request of either the vendor or the purchaser. finance approval has the meaning set out in clause 71. form of requisitions means the strata title (residential) property requisitions (copy attached) of the Law Society of New South Wales (2017 ed.). frame to frame means a method of measurement where the dimensions of the apartment forming part of the property are calculated between the outside face of any enclosing walls, balustrades and supports. Frasers Property AHL means Frasers Property AHL Limited (ACN 008 443 696). Frasers Property Australia means Frasers Property Australia Pty Limited ACN 600 448 726 and its related bodies corporate (as applicable). Independent Certifier means a certifier appointed by the vendor to perform the functions set out in clause 35.4; interest rate means 10% per annum. layout plan means the internal layout plan for the property (copy attached) with or without changes permitted under this contract. liveable apartments means those lots in the strata plan set out in the list titled “liveable apartments” attached to this contract at attachment 16 subject to any changes permitted under this contract. major defect means a defect which because of its nature requires urgent attention, is dangerous or makes the property uninhabitable. Management Act means the Strata Schemes Management Act 2015 (NSW). material particular has the meaning given to that term in Division 10 and clause 19A of the Conveyancing Regulation. New Vendor means a related body corporate of the vendor and any other entity who may acquire an interest in the development site.

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5 Shell Cove – Ancora Precinct E, E2 Apartments

normal expenses means in relation to the owners corporation, the normal operating expenses payable from the administrative fund of an owners corporation for a scheme of a similar kind, insurance and regular maintenance charges for landscaping and the like. occupation certificate an occupation certificate (as defined in Part 6 of the Environmental Planning and Assessment Act 1979 (NSW)) issued by a certifying authority for the commencement of occupation of the property. owners corporation means the owners corporation for the strata scheme. parcel comprises the lots and common property the subject of the strata scheme. personal information means all personal information as defined in the Privacy Act 1988 (Cth) relating to the purchaser including all personal information set out in this contract and otherwise collected by the vendor or Frasers Property Australia whether before or after the contract date. Pool Area means the common property pool area on the ground floor podium between building A and building B including a pool, change room and restroom facilities, loose furniture and associated equipment. Presales has the meaning set out in clause 71. printed clauses means clauses 1 to 32 of the Contract for the Sale and Purchase of Land – 2019 Edition published by the Law Society of NSW and Real Estate Institute of NSW. privacy statement means the statement (copy attached) containing matters about the vendor’s information-handling practices as required by the Privacy Act 1988 (Cth). prohibited entity means any person or entity which: (a)

is a terrorist organisation as defined in Part 5.3 of the Criminal Code Act 1995; or

(b)

is listed by the Minister for Foreign Affairs in the Government Gazette pursuant to Part 4 of the Charter of the United Nations Act 1945 which list as at the contract date is available from the website of the Australian Department of Foreign Affairs and Trade or another person or entity on any other list of terrorist or terrorist organisations maintained pursuant to the rules and regulations of the Australian Department of Foreign Affairs and Trade or pursuant to any other legislation and which is available in the public domain.

property includes any interest in the common property for the strata scheme associated with the lot. purchaser rights the right of the purchaser to rescind under Division 10 or make a claim for compensation under clause 6B of the Conveyancing Regulation. re-sale agreement means the property re-sale agreement (copy attached). Real Utilities means Real Utilities Pty Ltd (ACN 150 290 814) and any of its related body corporates including those of its related body corporates that are listed at frasersproperty.com.au/Real-Utilities/Home/Entities. registrar means the registrar of the tribunal. registration means registration by the Registrar General.

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6 Shell Cove – Ancora Precinct E, E2 Apartments

related body corporate has the meaning given to that term in the Corporations Act. relevant date is, if at the contract date the strata plan: (a)

has not been registered, the date for completion; or

(b)

has been registered, the contract date.

restricted matters means: (a)

the exercise of any of the vendor’s rights;

(b)

the carrying out of any of the vendor’s obligations;

(c)

anything required to effect the registration of the strata plan, the strata plan instrument, the by-law instrument or other matter;

(d)

the subject matter of any intention of the vendor under or as disclosed or referred to in this contract;

(e)

any other matter or thing required by the vendor to give effect to this contract;

(f)

disclosed or referred to in this contract; and

(g)

the doing of any thing or the giving effect to a requirement of or the satisfaction of a condition imposed by an authority or Council.

sales centre display means any part of a lot or area used by the vendor, Frasers Property AHL or any other person authorised by the vendor, located at Shell Cove as a sales display area from time to time at the absolute discretion of the vendor or Frasers Property AHL (as applicable). schedule of finishes is the document titled ‘Schedule of Finishes’ attached to this contract as required by section 66ZM of the Conveyancing Act and clause 4A(3) of the Conveyancing Regulations (copy attached) with or without changes permitted under this contract. selling and leasing activities comprises any activity connected with or relating to the marketing, selling or leasing of any part of the building and includes: (a)

(b)

the placement and maintenance on common property (but not the property sold pursuant to this contract) of: (i)

signs, advertisements, boards, writing, plates, signals, illuminations, banners and insignia; and

(ii)

stalls or associated facilities for the use of salespersons;

(iii)

any event or function held on the development site (but not the property sold under to this contract), and

the operation of a sales office, a sales centre display or both,

in connection with the selling and leasing of parts of the building. services means water, sewer, electricity, gas, telephone, pay-tv, communication services and the like available for connection to the property.

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7 Shell Cove – Ancora Precinct E, E2 Apartments

Services Deed means the proposed electricity network metering and billing services deed between the Embedded Network Operator and the owners corporation contained in Attachment 15 subject to any variations as set out in this contract. Shell Cove means the land comprised within the suburb of Shell Cove and the development to the extent that it has been, and the balance that is proposed to be, constructed on that land. Short Term Rental Accommodation has the same meaning as ‘short term rental accommodation arrangement’ in section 54A of the Fair Trading Act 1987 (NSW). special expenses means the owners corporation’s actual, contingent or expected expenses, except to the extent they are: (a)

normal expenses;

(b)

due to fair wear and tear;

(c)

covered by a contribution levied before the relevant date;

(d)

in respect of future renewals and replacements which would usually be the subject of contributions to the capital works fund; or

(e)

disclosed or noted in this contract.

strata lot means each of lots 1 to 65 (inclusive) in the strata plan. strata plan means, subject to clause 42, the strata plan of subdivision of the development site to be registered with or without any changes permitted under this contract. strata plan instrument means the section 88B instrument which may be lodged with the strata plan with or without any changes permitted under this contract. strata scheme means the strata scheme constituted on registration of the strata plan. strata titles legislation means the Development Act and the Management Act. sunset date means the date specified in Schedule 1 as may be extended in accordance with this contract. tribunal means the Tribunal defined in the Management Act. variation schedule means the schedule prepared by the vendor detailing variations to the property and the cost of the variations.

33.2

Interpretation In this contract unless the contrary intention appears a reference to:

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(a)

the singular includes the plural and vice versa;

(b)

any gender includes all other genders;

(c)

a person includes a corporation, partnership, joint venture, association, authority or trust;

(d)

a reference to a statute, regulation, proclamation, ordinance or local laws includes all statutes, regulations, proclamations, ordinances or local laws amending, consolidating or replacing them, and a reference to a statute includes all

8 Shell Cove – Ancora Precinct E, E2 Apartments

regulations, proclamations, ordinances and local laws issued under that statute; and (e)

33.3

a person includes the person’s executors, administrators, successors and substitutes (including, persons taking by novation and assigns).

Disclosure Statement The purchaser acknowledges that the disclosure statement was attached to this contract before this contract was signed by or on behalf of the purchaser.

33.4

General (a)

If the whole or any part of a provision of this contract is invalid or unenforceable, the validity or enforceability of the remaining clauses is not affected.

(b)

If there is a conflict between these additional provisions and the printed clauses of this contract, these additional provisions prevail.

(c)

Headings are inserted for convenience of reference only and must be ignored in the interpretation of this contract.

(d)

The word “includes” in any form is not a word of limitation.

(e)

Rights under this contract which can apply after completion continue to apply after completion.

(f)

The vendor does not promise, represent or state that any documents attached to this contract are accurate or current.

(g)

For the purpose of clause 20.6.5: (i)

a document is taken to have been received on the date shown or recorded on the sending party’s fax transmission report; and

(ii)

clause 33.4(g)(i) does not apply if the sending party’s fax transmission report indicates a faulty or incomplete transmission.

Variations to the printed clauses of this contract

34.1

Amendments to the printed clauses The printed clauses are amended by: (a)

deleting the definition of “depositholder” in clause 1 and replacing that definition with the following: “depositholder: vendor’s solicitor”

(b)

deleting the definition of “deposit-bond” in clause 1 and replacing that definition with the following: “deposit bond: a deposit bond or guarantee in a form acceptable to the vendor (acting reasonably) from an issuer with a current S&P rating of A- or above and an office maintained in Australia, with an expiry date no earlier than 15 months after the sunset date and for an amount approved by the vendor.”;

deleting clause 2.9; 9 Shell Cove – Ancora Precinct E, E2 Apartments

(d)

deleting clause 3;

(e)

substituting “no later than 5 business days after the date the vendor serves notice of registration of the strata plan” in place of “at least 14 days before the date for completion” in clause 4.1;

(f)

inserting the words “if the certificate of title is an eCT,” at the beginning of clause 4.1.2

(g)

deleting clause 4.3;

(h)

substituting “7 days” in place of “21 days” in clause 5.2.2;

(i)

substituting “2%” in place of “5%” in clause 7.1.1;

(j)

substituting “7 days” in place of “14 days” in clause 7.1.3;

(k)

substituting “2%” in place of “10%” in clause 7.2.1;

(l)

inserting a new clause 7.3: “The purchaser cannot make a claim under this clause (or clause 6) if the purchaser has made a claim for compensation about the same subject matter under clause 6B of the Conveyancing Regulation”;

(m)

substituting “7 days” in place of “14 days” in clause 8.1.3;

(n)

deleting clause 12.3;

(o)

deleting clause 13;

(p)

deleting clause 14.4;

(q)

deleting clause 14.7;

(r)

adding after the word “serves”, the words “at least 7 days before the date for completion” in clause 16.6;

(s)

clause 20.4 is amended by inserting the words “or guarantor” after the word “party”;

(t)

clause 20.6 is amended by:

(u) BAL v3

(i)

inserting a new clause 20.6.8 and the words “served by the vendor or the vendor’s solicitor if it is sent by email to the purchaser’s solicitor’s nominated email address, and served at the time the email was sent (unless the vendor or the vendor’s solicitor receives a “bounce back”, notification of delivery failure or similar automated message from the purchaser’s solicitor’s nominated email address); and”; and

(ii)

inserting a new clause 20.6.9 and the words “served by the purchaser or the purchaser’s solicitor if it is sent by email to the vendor’s solicitor’s nominated email address, and served at the time the email was sent (unless the purchaser or the purchaser’s solicitor receives a “bounce back”, notification of delivery failure or similar automated message from the vendor’s solicitor’s nominated email address).”;

(iii)

deleting clauses 23 to 29 (inclusive);

deleting clause 30 and any references to it; 10 Shell Cove – Ancora Precinct E, E2 Apartments

(v)

(w)

deleting clause 31 and any references to it including; (i)

the related definitions of clearance certificate, remittance amount, TA Act and variation in clause 1; and

(ii)

the second bullet point in clause 16.7.1; and

deleting clause 32 and any references to it.

Completion subject to conditions

35.1

Completion conditional Completion of this contract is conditional on:

35.2

(a)

obtaining finance approval in accordance with clause 71;

(b)

achieving Presales in accordance with clause 71;

(c)

the vendor serving a copy of the occupation certificate on the purchaser;

(d)

registration of the strata plan;

(e)

registration of the strata plan instrument (but only if required by the vendor); and

(f)

registration of the by-law instrument.

Registration of documents The vendor must use all reasonable endeavours to satisfy clauses 35.1(c), 35.1(d), 35.1(e) and 35.1(f) by the sunset date.

35.3

Late registration of documents If any or all of the matters set out in clauses 35.1(c), 35.1(d), 35.1(e) and 35.1(f) has not been satisfied by the sunset date then:

35.4

(a)

subject to complying with the provisions of section 66ZS of the Conveyancing Act, the vendor can rescind at any time after the sunset date but before completion by serving notice; and

(b)

the purchaser can rescind within 14 days from the sunset date and this time is essential.

Extending sunset date (a)

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The vendor may extend the sunset date by each day that registration of the strata plan, issue of the occupation certificate or progress of the building works in connection with, or the manufacture or supply of materials for, the building is affected by: (i)

inclement weather or conditions resulting from inclement weather;

(ii)

any civil commotion, strikes or lock-outs (industrial conditions);

(iii)

any delays by an authority in giving an approval or registration of any plans or documents contemplated under this contract including the strata plan;

(iv)

any delay arising from an extension of time under the construction contract;

11 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

(v)

any delay arising from construction and procurement of materials; or

(vi)

any matter or thing beyond the vendor’s control.

An Independent Certifier must be appointed by the vendor for the purposes of determining the vendor's entitlement to extensions of time under clause 35.4(a) and the Independent Certifier: (i)

is the sole determiner of the vendor’s entitlement to extensions of time under clause 35.4(a);

(ii)

must act independently and not as an agent of the vendor;

(iii)

must prepare a certificate certifying the extension of time; and

(iv)

acts as an expert and not an arbitrator.

(c)

There must be no conflict of interest and no commercial or financial connection between the vendor and the independent certifier (other than the payment by the vendor of the Independent Certifier’s fee).

(d)

The certificate by the Independent Certifier appointed under clause 35.4(b) in connection with the extensions of time under clause 35.4(a):

(e)

(i)

extends the sunset date to the date specified in the certificate;

(ii)

must set out the reasons for the extension;

(iii)

must be served by the vendor on the purchaser; and

(iv)

is final, conclusive and binding on the parties.

The vendor may extend the sunset date a maximum of twice for a period (or periods) not exceeding 12 months in total.

Completion

36.1

Completion This contract must complete on the date for completion.

36.2

36.3

Settlement bookings (a)

The vendor will serve a completion adjustment sheet and cheque directions when an appointment for completion has been made and if the purchaser requests a change to that appointment made, resulting in a new adjustment date and the issuing of a new completion adjustment sheet and cheque directions, the purchaser must pay on demand an amount of $250.00 (plus GST) for the legal costs incurred by the vendor in issuing a new completion adjustment sheet and cheque directions. The purchaser must pay the $250.00 (plus GST) to the vendor’s solicitor at completion.

(b)

Clause 36.2(a) is an essential term of this contract and an amount of $250.00 (plus GST) must be paid on and as a condition of completion.

Notice to complete (a)

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For the purpose of clause 15: 12 Shell Cove – Ancora Precinct E, E2 Apartments

36.4

(i)

the day being not less than 14 days after the date of service of a notice to complete is a reasonable period to allow for completion; and

(ii)

without affecting any other right, a party who has issued a notice to complete under this contract can withdraw the notice at any time before the expiration of the notice by serving notice on the other party.

(b)

If the vendor issues a notice to complete, the purchaser must pay on demand an amount of $300.00 (plus GST) for the legal costs incurred by the vendor in issuing the notice to complete. The purchaser must pay the $300.00 (plus GST) to the vendor’s solicitor by a settlement cheque at completion. This is an essential term of this contract and an amount of $300.00 (plus GST) must be paid on and as a condition of completion.

(c)

The vendor is entitled to serve a notice to complete on the purchaser despite the existence of a charge on the property in respect of any rates and taxes at the time the notice is served or at any time after.

Interest if completion does not take place (a)

(b)

If completion does not take place in accordance with clause 15: (i)

the purchaser must pay interest on the unpaid balance of the price at the interest rate per annum calculated daily from and including the date for completion to but excluding the actual day of completion;

(ii)

it is an essential provision of this contract that the interest must be paid on and as a condition of completion;

(iii)

interest payable under this clause is a genuine pre-estimate of the vendor’s loss as a result of the purchaser’s failure to complete in accordance with this contract;

(iv)

the right to interest does not limit any other rights the vendor may have as a result of the purchaser’s failure to complete in accordance with this contract; and

(v)

the vendor can by serving a notice at any time before completion elect to fix the date for completion as the adjustment date.

The purchaser need not pay interest under this clause 36.4 for any period during which completion has been delayed by the vendor.

Disclosures

37.1

Development The vendor discloses and the purchaser acknowledges that: (a)

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the vendor proposes to develop land owned by the vendor in Shell Cove including the development site. The proposed developments include: (i)

a boat harbour and marina (including dry berths, fuel facilities and boat maintenance and other facilities);

(ii)

business park; 13 Shell Cove – Ancora Precinct E, E2 Apartments

(iii)

town centre;

(iv)

commercial and residential buildings (including retail shops, hotel and tavern);

(v)

parks and public spaces;

(vi)

areas for community events, such as markets;

(vii)

further land subdivisions; and

(viii) multi-level residential apartment buildings; and

37.2

(b)

an approved quarry operates at Bass Point, Shell Cove and as part of its operation may cause noise during those hours of activity permitted by the relevant authority;

(c)

parts of Shell Cove may be used for community events (such as markets) which may cause noise during the hours of activity permitted by the relevant authority.

Shell Cove The vendor discloses and the purchaser acknowledges that:

37.3

(a)

the timing of commencement and completion of the subdivision and development of, and uses within Shell Cove (and any precinct or stage of it) will be determined by the vendor in its sole discretion;

(b)

the vendor is permitted to carry out development activities within and around the development site and Shell Cove and those development activities will not have been completed by the date for completion;

(c)

as a result of the development activities, there may be the transfer of materials over adjoining and nearby roads, noise, dust, vibration and disturbance to the occupiers of the property within the lawful requirements of any relevant authority or Council and during any hours permitted by any relevant authority or Council during the course of development of Shell Cove;

(d)

the proposed developments may involve multi-storey buildings and mixed uses including (but not limited to) hotels, taverns, residential apartments, commercial uses (including business park), community centres, carparks and a district retail centre;

(e)

some multi-storey buildings in Shell Cove may affect the views shown as being available from the other buildings in Shell Cove including the property;

(f)

the vendor cannot and does not warrant that the proposed developments will proceed; and

(g)

the motor vehicle access to, and exit from, the residential apartment buildings within the development site will be from Lapwing Avenue and Cormorant Way.

Strata documents The vendor discloses that: (a)

the vendor intends to register: (i)

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the strata plan to create the strata scheme; 14 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

37.4

(ii)

the strata plan instrument (if required); and

(iii)

the by-law instrument; and

the vendor may reconfigure, subdivide or consolidate the strata plan generally so as to: (i)

create additional strata lots;

(ii)

create additional strata schemes;

(iii)

consolidate additional car parking spaces and storage with a lot (and attention is directed to clause 40 and 66);

(iv)

create additional common property in the strata scheme or any additional strata scheme; and

(v)

any combination of the above.

Changes to area The vendor discloses that the vendor may make changes to the area of lots the subject of the strata plan, including a reduction in the area of the property up to 5% from that shown in the strata plan attached to the disclosure statement.

37.5

37.6

Use of roads (a)

Roads in and around Shell Cove and the development site may be closed or gated and access restricted while the vendor undertakes development activities on and around the development site.

(b)

The vendor intends to dedicate roads within the development site and Shell Cove to Council in stages.

(c)

Use of the roads will be shared with construction traffic while the vendor undertakes development activities on and around the development site and Shell Cove generally.

(d)

The vendor may not complete the final seal of roads within Shell Cove until completion of Shell Cove.

Apartment views (a)

(b)

37.7

The vendor discloses that the vendor (or others) intend to construct and develop: (i)

a hotel (11 storeys) and Precinct D apartments (6 storeys) to the south of the building;

(ii)

Precinct F apartments (4 storeys) and Precinct G apartments (4 storeys) to the east of the building.

Those hotel and residential apartment buildings may or may not impact the views available from the building, including the property.

Selling and leasing activities Until the vendor completes the sale and leasing of all lots in the strata scheme, the vendor and persons authorised by the vendor are entitled to conduct selling and leasing activities on the development site and the parcel.

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15 Shell Cove – Ancora Precinct E, E2 Apartments

37.8

Consolidation of lots If the property comprises more than one lot the vendor may consolidate those lots and the unit entitlement for those lots into one lot on registration of the strata plan.

37.9

Further affectations (a)

37.10

(i)

on registration of the strata plan may be created before or after the date of registration of the strata plan by another plan or dealing; and

(ii)

under this contract may be created by registration of a deposited plan or dealing.

(b)

The provisions of clauses 40 and 41 apply to that plan, deposited plan or dealing with all necessary changes.

(c)

The vendor discloses that easements, restrictions on use or positive covenants in addition to those created in the strata plan and strata plan instrument may be required by a consent authority over common property.

Electricity substation (a)

37.11

Some or all of the easements, covenants, restrictive covenants, leases and instruments anticipated to be created:

The vendor discloses that: (i)

an electricity substation to service the building has already been installed in the location shown as (AA) Easement for Padmount station on the strata plan; and

(ii)

the rights of any energy provider in respect of an electricity substation on common property have be granted by registering an easement and restrictions on use benefiting the energy provider which will burden the common property.

Service providers and other agreements The vendor discloses that: (a)

services may be provided to the boundary of the strata scheme;

(b)

arrangements with service providers for the provision of services to the strata scheme may not have been concluded as at the contract date;

(c)

the vendor may be required to enter into arrangements with service providers including, but not limited to easements, restrictions on use, positive covenants, leases, bonds, guarantees or security deposits;

(d)

the vendor may (or may be required to) enter into arrangements with service providers which are not disclosed in this contract for the provision of services to the boundary of the strata scheme or assume obligations under agreements in relation to those arrangements; and

(e)

the vendor may be required to procure the owners corporation to: (i)

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enter into arrangements with service providers which are not disclosed in this contract for the provision of services to the strata scheme; and

16 Shell Cove – Ancora Precinct E, E2 Apartments

(ii)

37.12

assume obligations under agreements in relation to those arrangements (between the vendor and service providers).

Special fee for service of rate levy The vendor discloses and the purchaser acknowledges that the vendor may, subject to any requirements under the Local Government Act 1993, charge the purchaser or any other subsequent owner of the property a fee for service and/or levy a special rate to recoup: (a)

the full cost of maintaining water quality facilities; and

(b)

the additional cost of maintaining open space and streetscape facilities,

in relation to properties in Shell Cove.

37.13

37.14

Sewer diagrams (a)

No diagram is available from Sydney Water indicating the location of the sewer in relation to the land.

(b)

Attached to this contract is a drawing showing the proposed position of sewer mains. Notwithstanding that that drawing may show different allotment numbers, the purchaser acknowledges they have satisfied themselves as to the position of the sewer mains and shall raise no requisition, objection or claim for compensation in relation to the position of any sewer mains.

(c)

The vendor discloses that the drawing attached to this contract shows the approximate location of the proposed sewer mains and the vendor may: (i)

vary the location of the sewer mains as shown on the drawing attached to this contract; and

(ii)

install other sewer lines and infrastructure as part of the development activities.

Sewer Pumping Station The vendor discloses that:

37.15

(a)

there is no sewer pumping station located within the development site;

(b)

there are several sewer pumping stations within Shell Cove (not including the development site); and

(c)

the vendor intends to create an easement in favour of Sydney Water on such terms as Sydney Water requires over the sewer pumping stations located within Shell Cove.

Owners corporation The vendor may require the owners corporation to produce the certificate of title for the common property at the NSW Land Registry Service from time to time to enable registration of strata plans of subdivision or to effect severance of a lot from the parcel or to record registration of an instrument or other dealing.

37.16

Address of property The vendor discloses that:

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17 Shell Cove – Ancora Precinct E, E2 Apartments

37.17

(a)

the address of the property at completion may be different from the address of the property shown in this contract; and

(b)

the lot number may not be identical to the lot number for the property shown in this contract.

Smoke detectors The property will be fitted with smoke detectors as required under the relevant provisions of the Building Code of Australia existing at the time of issue of the construction certificate for that part of the building containing the property.

37.18

Pool Area The vendor discloses that:

37.19

(a)

the vendor intends to create the Pool Area on common property for the exclusive use and enjoyment of the owners and occupiers of the strata scheme.

(b)

all or some of the Pool Area may not available for use at completion;

(c)

the by-law instrument may contain rules relating to the use of the Pool Area; and

(d)

without limiting the rights of the vendor under this contract, the vendor may, prior to registration of the by-law instrument, amend the by-law instrument to vary the rules relating to the Pool Area or to create new rules relating to the Pool Area including hours of use of the Pool Area.

Modifications to the development consent (a)

The purchaser acknowledges that the vendor may desire or the development may require the modification of the development consent (on one or more occasions) including but not limited to modifications under section 4.55 of the Environmental Planning and Assessment Act 1979 (NSW).

(b)

The vendor is not required to: (i)

disclose to the purchaser; or

(ii)

obtain the approval of the purchaser in relation to,

any modification to the development consent.

37.20

37.21

Management of building (a)

The vendor discloses that the vendor intends (but is under no obligation to) procure the owners corporation enter into an agreement with a strata manager for the professional management of the strata scheme for a term either expiring at the date of the first annual general meeting of the owner’s corporation or for a longer period subject to the ratification by the owners corporation at the first annual general meeting.

(b)

The purchaser must not object to the owners corporation entering into any agreement referred to or contemplated in clause 37.20(a).

Redundant easements The vendor may at the vendor’s absolute discretion elect to extinguish any easements, restriction on use or covenants shown on any certificate of title for any part of the

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18 Shell Cove – Ancora Precinct E, E2 Apartments

development site in existence at the contract date which in the vendor’s opinion are redundant or become redundant prior to the registration of the strata plan.

37.22

No warranty as to Revenue NSW grant The vendor does not make any representations or warranties regarding the purchaser’s eligibility or otherwise to participant in schemes offered by Revenue NSW including the first home owner grant (new homes) scheme, home builder scheme and the first home buyers assistance scheme.

37.23

Layout plans (a)

The vendor discloses and the purchaser acknowledges that: (i)

the layout plan was produced prior to completion of construction;

(ii)

changes may be made during construction on dimensions and areas as shown on the layout plan;

(iii)

fittings and specification are subject to change without notice;

(iv)

any furniture or chattels or non fixed items shown on the layout plan are indicative and by way of illustration only and these items are not included in the property;

(v)

the position of furniture and furnishings shown on the layout plan should not be taken to be indicative of final positions of power points, TV connections points and the like;

(vi)

all graphics shown on the layout plan including tile layout, balustrades and the like are indicative only;

(vii)

bulkheads for services are not depicted on the layout plan;

(viii) the layout plan is at an unspecified scale and where dimensions are shown (if any) are indicative only on a frame to frame basis;

(b)

(c)

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(ix)

all area sizes (if shown) are approximate only and are subject to final survey; and

(x)

the vendor makes no representation or warranty regarding the use of rooms shown on the layout plan and the purchaser must make and rely and on its enquiries regarding the use of the rooms forming part of the property.

The vendor discloses that the vendor may change the layout plan: (i)

to correct any error;

(ii)

as a result of the requirement of any authority;

(iii)

arising from changes made during construction for any reason; or

(iv)

any of the above.

Subject to the provisions of this contract, the purchaser cannot make any claim or requisition or rescind or terminate or claim for compensation because of any matter stated in this clause 37.23.

19 Shell Cove – Ancora Precinct E, E2 Apartments

37.24

Landscaping If the purchaser has inspected models or drawings of landscaping in and about the public and private landscaping areas the vendor discloses that the landscaping drawing or model are indicative only. The landscaping areas are subject to final design and procurement and may therefore be different from that shown in the landscaping drawing and model.

37.25

Marina and boat maintenance facility The vendor discloses that noise may emanate from Shellharbour Marina within the area to the east of the development site that is available for use 24 hours a day and this may interfere with the purchaser’s quiet enjoyment of the property.

37.26

Community events The vendor discloses that:

37.27

(a)

entertainment, recreational activities or other community events may be conducted on the boat harbour and/or adjacent landscaped foreshore within Shell Cove as permitted by the relevant authority or Council; and

(b)

the events or activities may temporarily interfere with the purchaser’s quiet enjoyment of the property and common property including due to noise, light or smells.

Personal Property Securities Act, 2009 (Cwth) (PPSA) The vendor discloses that on completion the vendor may be subject to charge(s) or notifications under the PPSA. The purchaser cannot require the vendor to take any action in relation to any charge or notification.

37.28

Sales centre display The vendor discloses that:

37.29

(a)

the sales centre display is made available to the purchaser for inspection only;

(b)

the sales centre display is not an exact replica of any part of the property and is intended to provide the purchaser with a sense of the general look and feel of the parts of the property available for inspection in the sales centre display;

(c)

the finishes and colour boards and materials displayed or used in the sales centre display may not be the final finishes of the part of the property shown in the sales centre display; and

(d)

the finishing of the property will be generally as specified in the schedule of finishes subject to any such changes permitted to the schedule of finishes under this contract.

Car parking spaces The vendor discloses that if the property includes two car parking spaces, then those car parking spaces may be in tandem.

37.30

Electric car charging The vendor discloses that:

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20 Shell Cove – Ancora Precinct E, E2 Apartments

37.31

(a)

as at the contract date the car parking spaces will not be capable of charging electric cars;

(b)

the vendor may undertake additional works in the future to install electrical infrastructure to allow for electric car charging facilities; and

(c)

the by-law instrument may or may not include rules regarding connecting to electrical infrastructure and the use of an electricity point for the purpose of charging electric cars.

Garbage Collection Turntable The vendor discloses that:

37.32

(a)

as at the contract date, the vendor intends to construct a garbage collection turntable on common property on the ground floor of building C;

(b)

the garbage collection turntable is directly adjacent to C005 (lot 52) and C004 (lot 51) in the strata plan; and

(c)

the void above the collection turntable is directly adjacent to C105 (lot 57) and C104 (lot 56);

(d)

C205 (lot 62) and C206 (lot 63) are directly above the garbage collection turntable; and

(e)

the Owners Corporation may be required to access the garbage collection turntable from time to time.

Adaptable and Liveable Apartments The vendor discloses that: (a)

approximately 7 apartments in the strata scheme may be comprised of adaptable apartments which are capable of being adapted for use by persons with a disability;

(b)

approximately 6 apartments in the strata scheme may be comprised of liveable apartments which, as at the contract date:

(c)

37.33

(i)

comply with the Liveable Housing Design Guidelines, Fourth Edition, dated 2017 (LHD Guidelines); and

(ii)

may comprise a mix of silver, gold and platinum performance levels, details of which are available in the LHD Guidelines; and

if the property is an adaptable apartment and includes a car space, the car space will be an accessible car space capable of being used by persons with a disability.

Short Term Rental Accommodation The vendor discloses that Short Term Rental Accommodation of strata lots is not prohibited under the by-law instrument if permitted under the zoning or development consent. The purchaser is directed to by-law 2.2 in this regard.

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37.34

No claims etc (a)

Subject to the provisions of this contract, the purchaser cannot make any claim or requisition or rescind or terminate or delay completion because of any matter stated in this clause 37.

(b)

This clause 37 shall not merge on completion.

Development

38.1

Construction (a)

38.2

(i)

construction of the building of which the property forms part;

(ii)

that the internal layout of the property is generally as that depicted in the layout plan, subject to the installation of bulkheads, lowered ceilings where required to accommodate services including air conditioning, risers and ducts within the property which are not shown on the layout plan;

(iii)

finishing of the property generally as specified in the schedule of finishes; and

(iv)

installation in the property of the items generally as specified in the schedule of finishes.

(b)

All works must be carried out in a proper and workmanlike manner.

(c)

A certificate from the vendor’s architect stating that the vendor has fulfilled its obligations under clause 38.1(a) is on the face of it evidence of that fact as between the vendor and the purchaser. The vendor is not under any obligation to serve a certificate and completion is not conditional upon the service of the certificate.

Alterations (a)

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Subject to clause 38.2(a), before completion the vendor must procure:

The vendor can without being required to serve notice (unless the vendor is required to serve a notice under Division 10, in which case the vendor must serve that notice): (i)

alter any manner of finish in the property as specified to be finished in the schedule of finishes to a manner of finish of at least equivalent quality;

(ii)

alter any item to be installed in the property including as specified in the schedule of finishes to another item of at least equivalent quality; and

(iii)

make construction amendments: (A)

to meet, or as a consequence of meeting, the requirements of any authority;

(B)

to substitute materials if those materials are no longer available or difficult to obtain, not fit for purpose or a more suitable material becomes available;

22 Shell Cove – Ancora Precinct E, E2 Apartments

38.3

(C)

as required for the proper construction and development of the building; or

(D)

as desired by the vendor from time to time acting reasonably.

(b)

Subject to clause 38.2(c), the purchaser cannot make a claim or requisition or rescind or terminate in respect of any construction amendments made under clause 38.2(a)(iii).

(c)

If there are any construction amendments other than as set out in clauses 38.2(a)(iii)(A) and 38.2(a)(iii)(B) which substantially detrimentally affect the apartment forming part of the property and the vendor: (i)

serves a notice under clause 38.3, the purchaser can rescind but only (despite clause 19.1.1) within 10 days of service of that notice and this time is essential; or

(ii)

does not serve a notice under clause 38.3, the purchaser can rescind but only (despite clause 19.1.1) within 10 days of the vendor serving a copy of the occupation certificate and this time is essential. The vendor must allow the purchaser reasonable access on one occasion to inspect the property within sufficient time (being a time period not exceeding 1 hour) for the purchaser to form a view.

Notice of Construction Amendments The vendor may at any time serve a notice advising of construction amendments other than as set out in clauses 38.2(a)(iii)(A) and 38.2(a)(iii)(B).

38.4

Construction variations (a)

(b)

(c)

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If at the request of the purchaser, the vendor agrees to vary the colour scheme, manner of finishes in the property or the items to be installed in the property, the vendor and purchaser agree that this will be effected by: (i)

the purchaser signing and returning to the vendor a variation schedule; and

(ii)

the vendor countersigning the variation schedule and providing a copy to the purchaser.

If the events described in clause 38.4(a) occur, the vendor and purchaser agree that the contract will be varied in accordance with the variation schedule so that the: (i)

price will be increased or decreased according to the cost of the variations which the purchaser has selected in the variation schedule; and

(ii)

the schedule of finishes will be taken to have been amended; and

(iii)

the colour scheme will be taken to have been amended (if applicable).

If there is any disagreement between the vendor and the purchaser in relation to any variation to the schedule of finishes under this clause 38.4, either the vendor or the purchaser may, within 3 months after completion, refer the disagreement to an Expert, in which case clause 38.5 is to apply.

23 Shell Cove – Ancora Precinct E, E2 Apartments

(d)

38.5

Disagreement (a)

(b)

38.6

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If a disagreement under this contract is referred to an Expert under clause 38.4: (i)

the Expert acts as an expert and not as an arbitrator;

(ii)

the Expert's decision is final and binds the parties; and

(iii)

the costs of the decision are to be paid by the party who requested that the disagreement be referred to an Expert.

If an Expert is unable or unwilling to make a decision, or does not make a decision within 14 days after the disagreement is referred to it, either the vendor or the purchaser may request the Resolution Institute to nominate another person to be the Expert.

Colour scheme (a)

The purchaser may not delay completion in respect of any disagreement under this clause 38.4.

The vendor must procure to finish the property in accordance with: (i)

the colour scheme selected by the purchaser (if selected) in the colour scheme section on the front page of this contract; or

(ii)

the colour scheme selected by the purchaser in a variation schedule submitted under clause 38.4 prior to the Colour Scheme Selection Date.

(b)

For the avoidance of doubt, any colour scheme selection in a variation schedule submitted prior to the Colour Scheme Selection Date prevails over a colour scheme selection on the front page of this contract.

(c)

If there is no colour scheme selected in accordance with clause 38.6(a), the vendor will select a colour scheme for the property in its absolute discretion.

(d)

Despite anything else in this clause 38.6, if construction of the building has commenced as at the date of this contract, the vendor may choose the colour scheme in its absolute discretion.

(e)

Subject to the provisions of this contract, the purchaser cannot make any claim or requisition, or rescind or terminate nor delay completion of the contract by reason of the vendor’s selection.

(f)

In this clause 38.6, ‘Colour Scheme Selection Date’ means the earlier of: (i)

30 days after the contract date; and

(ii)

15 December 2022.

Defects warranty (a)

Within the defects period, the purchaser may serve a defects notice.

(b)

Subject to clauses 39(d), 39(e) and 39(f), the vendor, within a reasonable time after a defects notice, must repair in a proper and workmanlike manner any defects the subject of the defects notice.

24 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

The vendor's obligations under clause 39(b) do not extend to repairing minor shrinkage or minor settlement cracks in the property, and the obligation is conditional upon the purchaser making access available during normal construction hours to undertake the repairs.

(d)

Other than a notice served under clause 39(e), the purchaser may only serve one defects notice before the expiration of the defects period.

(e)

Before completion, the purchaser cannot serve a defects notice unless the defect is a major defect, in which event the vendor must repair the major defect before completion.

(f)

An occupation certificate is conclusive evidence that the property does not contain any major defect.

(g)

The purchaser acknowledges and accepts that: (i)

if the apartment contains aged brass tapware, the aged brass is an unlacquered finish that changes over time and may be affected by touch, water and the atmosphere;

(ii)

some of the materials used in the property (particularly in finishes and fittings) may comprise natural products (such as stone, timber and the like) and/or reconstituted materials;

(iii)

these materials may exhibit variations: (A)

from any sample exhibited; and

(B)

between different areas of the finished product,

in shade, colour, texture, surface finish, markings, or the like and may contain natural fissures, occlusions, lines, indentations or the like; (iv)

these materials may expand, contract or distort over time as a result of exposure to heat, cold, sea salt or mist, weather or the like;

(v)

these materials may mark or stain if exposed to certain substances by the purchaser or fade over time;

(vi)

these materials may be damaged or disfigured by impact or scratching or other mechanical means by the purchaser;

(vii)

if plush (cut) pile carpet is installed in the property a phenomenon known as "Permanent Pile Reversal Shading" (also known as "water marking") may randomly appear in the carpet due to reversal of the pile direction; and

(viii) the matters referred to in this clause 39(g) are not defects and the purchaser cannot make a claim or requisition or rescind or terminate as a result of the existence or occurrence of any of the matters set out in this clause 39(g). (h)

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If any disagreement arises in connection with this clause: (i)

the purchaser agrees not to delay completion;

(ii)

the vendor and purchaser agree to use their reasonable endeavours and act in good faith to resolve the disagreement between themselves;

25 Shell Cove – Ancora Precinct E, E2 Apartments

(iii)

the purchaser cannot make a claim or requisition or rescind or terminate this contract;

(iv)

if the vendor and the purchaser are unable to resolve the disagreement between themselves:

(v)

(i)

(A)

either the vendor or the purchaser may refer the disagreement to an Expert;

(B)

the Expert's decision is final and binds the parties; and

(C)

the costs of the decision are to be paid by the party who requested that the disagreement be referred to an Expert; and

if an Expert is unable or unwilling to make a decision, or does not make a decision within 14 days after the disagreement is referred to it, either the vendor or the purchaser may request the Resolution Institute to nominate another person to be the Expert.

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

Changes to strata plan

40.1

Changes to strata plan (a)

Before registration the vendor can make changes to the strata plan which the vendor considers necessary or desirable including: (i)

the total number of lots (including varying the mix and type of apartments);

(ii)

the numbering of lots;

(iii)

the dimensions or areas of lots including an increase or a reduction in the area of the apartment forming part of the property up to 5%;

(iv)

the location of lots;

(v)

the location of any exclusive use areas; and

(vi)

the location of easements,

from those shown on the strata plan; and (vii)

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in respect of any matters disclosed or noted in clause 37.

(b)

Subject to clause 40.1(e), the purchaser cannot make a claim or requisition or rescind or terminate in respect of any matter disclosed or referred to in this clause.

(c)

The vendor can at any time serve a notice (and where applicable it must do so within the time frame set out in Division 10) advising of any changes listed in clause 40.1(a) after the vendor becomes aware that the disclosure statement: (i)

was inaccurate in relation to a material particular at the time the contract was signed; or

(ii)

has become inaccurate in relation to a material particular after the contract was signed.

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40.2

(d)

If the area of the property is shown on the layout plan and there is a difference of the area of the property (not including the car space or storage space) as shown on the layout plan and the strata plan, the strata plan prevails.

(e)

The provisions of this clause 40 do not affect the rights of the purchaser to make a claim under the Conveyancing Regulation or to rescind under Division 10 nor the obligation of the vendor to serve a notice of change under Division 10 and are to be read subject to the provisions of the Conveyancing Regulation and Division 10 as applicable.

Allocation of unit entitlements (a)

The strata plan attached to the disclosure statement does not include a unit entitlement for the property.

(b)

The vendor will, before completion, obtain a valuation from a registered valuer of the lots in the strata scheme for the purpose of calculating the unit entitlements based on the valuer’s estimate of the value of the lots in accordance with Schedule 2 of the Development Act.

(c)

The purchaser will be bound by the unit entitlements (as per the unit entitlement schedule) endorsed on the strata plan.

(d)

The purchaser acknowledges that endorsement on the strata plan of a unit entitlement schedule based on a valuation referred to in clause 40.2(b) complies with the Development Act and constitutes a reasonable allocation of the unit entitlements by the contractor for the purposes of Schedule 2 of the Development Act and section 236 of the Management Act.

Changes to documents

41.1

Vendor may make changes (a)

The vendor may: (i)

make changes to: (A)

the strata plan instrument;

(B)

the by-law instrument; or

(C)

any of those documents;

(ii)

create further easements, covenants and restrictions as to user in addition to those set out in the strata plan and the strata plan instrument or in this contract;

(iii)

create substation or kiosk leases;

(iv)

without limiting this clause, change the location of easements as set out in the strata plan and the strata plan instrument or in this contract;

(v)

create further by laws in addition to or in replacement of those by laws set out in the by-law instrument including the location of exclusive use areas,

which the vendor considers necessary or desirable including as a result of the matters disclosed in clause 37. BAL v3

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(b)

(c)

41.2

(i)

changes to any of the documents listed in clause 41.1(a)(i);

(ii)

further easements, covenants and restrictions as to user created in addition to those set out in the plans and the instruments or in this contract;

(iii)

substation or kiosk or both leases created;

(iv)

change in the location of easements as set out in the plans, instruments or in this contract; or

(v)

further by laws created in addition to or in replacement of those by laws set out in the by law instrument including the location of exclusive use areas.

The vendor can at any time serve a notice (and where applicable within the time frame set out in Division 10) advising of any: (i)

changes to any of the documents listed in clause 41.1(a)(i);

(ii)

further easements, covenants, exclusive use areas and restrictions as to user created in addition to those set out in the plans, instruments, by-law instrument or in this contract;

(iii)

substation or kiosk (or both) leases or easements created;

(iv)

change in the location of easements as set out in the plans and the instruments; or

(v)

further by laws created in addition to or in replacement of those by laws set out in the by-law instrument including the location of exclusive use areas.

Documents attached to the Disclosure Statement (a)

This clause 41.2 applies only to documents that are attached to, or by virtue of clause 4A(4) of the Conveyancing Regulation are taken to be attached to, the disclosure statement.

(b)

The vendor can at any time serve a notice (and where applicable must do so within the time frame set out in Division 10) advising of any changes to the documents attached to the disclosure statement (including the changes contemplated by clause 41.1(a)) after the vendor becomes aware that the disclosure statement:

(c)

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Subject to clause 41.2, the purchaser cannot make a claim or requisition or rescind or terminate in respect of any:

(i)

was inaccurate in relation to a material particular at the time this contract was signed; or

(ii)

has become inaccurate in relation to a material particular after the contract was signed.

The provisions of this clause 41 do not affect the rights of the purchaser to make a claim under the Conveyancing Regulation or to rescind under Division 10 nor the obligation of the vendor to serve a notice of change under Division 10 and are to be read subject to the provisions of the Conveyancing Regulation and Division 10 as applicable.

28 Shell Cove – Ancora Precinct E, E2 Apartments

41.3

Documents not attached to the Disclosure Statement (a)

This clause 41.3 applies only to documents attached to this contract that are not the subject of clause 41.2 above.

(b)

Subject to clause 41.3(c), if there is any change to the matters or items specified in clause 41.1(c) other than amendments arising from those matters disclosed or noted in clause 37 which substantially detrimentally affects the apartment forming part of the property and the vendor:

(c)

(i)

serves a notice under clause 41.1(c), the purchaser can rescind but only (despite clause 19.1.1) within 10 days of service of that notice and this time is essential; or

(ii)

does not serve notice under clause 41.1(c), the purchaser can rescind but only (despite clause 19.1.1) within 10 days of the vendor serving notice of registration of the strata plan and this time is essential.

The right of rescission conferred by clause 41.3(b) cannot be exercised in relation to a change to the matters or items specified in clause 41.1(c) resulting from a construction amendment of which notice under clause 38.3 was served.

Staged strata (a)

(b)

The vendor may, in the vendor’s absolute discretion, determine to proceed with a strata plan which is a staged plan and, if so, the vendor must serve notice of the vendor’s election to either: (i)

substantially construct the building as a staged strata scheme generally in accordance with the development consent and any consent for a staged strata scheme obtained by the vendor (“staged strata consent”); or

(ii)

rescind in the event the vendor is not able to obtain the staged strata consent or a consent on conditions acceptable to the vendor.

In the event the vendor elects to construct the building under clause 42(a)(i) as a staged strata scheme, the vendor may, in the vendor’s absolute discretion: (i)

(ii)

BAL v3

amend the plans, instruments and other documents attached to this contract and create new plans, instruments and other documents to: (A)

allow for the development of the building as a staged strata scheme; and

(B)

otherwise as required; and

create for registration with the staged strata plan a strata development contract as required under the Development Act which: (A)

described separately any proposed development that the vendor warrants will be carried out and may be compelled to carry out, and any other proposed development that the vendor will be authorised but cannot be compelled to carry out;

(B)

will include a concept plan;

29 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

(C)

will include a description of the land comprising the parcel, identifying separately the development lot or lots and any non-strata land adjoining or adjacent to the parcel that is proposed to be developed together with the parcel to which it relates; and

(D)

will include a description of any land proposed to be added to that parcel at a later time.

The purchaser cannot make any claim or requisition or rescind or terminate because of any matter stated in this clause 42.

Strata title As the property is (or on completion is to be) a lot in a strata scheme: (a)

clause 11 does not apply to anything with which the owners corporation must comply;

(b)

subject to clauses 52 and 53, clauses 14.4 and 14.5 apply but on a unit entitlement basis instead of an area basis;

(c)

clause 14.8 does not apply to an amount the owners corporation must pay;

(d)

clause 18.4 does not apply to anything which the owners corporation must insure;

(e)

the parties must adjust under clause 14.1:

(f)

(i)

a regular periodic contribution to the administrative fund;

(ii)

a regular periodic contribution to the capital works fund;

(iii)

a regular periodic payment under a by-law; and

(iv)

on a unit entitlement basis any amount paid by the vendor for a normal expense of the owners corporation to the extent the owners corporation has not paid the amount to the vendor;

normally, the vendor is liable for any other contribution: (i)

if it was levied before the relevant date; or

(ii)

to the extent it relates to: (A)

money borrowed by the owners corporation;

(B)

work started by the owners corporation; or

(C)

an obligation of the vendor that arose,

before the relevant date;

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(g)

subject to clause 43(h), the purchaser cannot make a claim or requisition or rescind or terminate in respect of special expenses of the owners corporation;

(h)

the purchaser can rescind if the special expenses of the owners corporation at the later of: (i)

the contract date; and

(ii)

the creation of the owners corporation, 30 Shell Cove – Ancora Precinct E, E2 Apartments

when calculated on a unit entitlement basis (and, if more than one lot; added together), are more than 1% of the price; (i)

(j)

as regards a notice of transfer under s 22 of the Management Act: (i)

the purchaser must give the vendor 2 copies of a form of notice signed by the purchaser;

(ii)

the vendor must complete and sign 1 copy and give it to the purchaser by completion; and

(iii)

each party can sign and give the notice as agent for the other;

as regards the certificate available from the owners corporation under s184 of the Management Act: (i)

at least 3 business days before completion the vendor must serve the certificate;

(ii)

on completion the purchaser must pay the vendor the prescribed fee for that certificate; and

(iii)

the vendor authorises the purchaser to apply for the purchaser’s own certificate under that section;

(k)

as regards the inspection available from the owners corporation under section 182 of the Management Act the vendor authorises the purchaser to apply for and make an inspection under that section; and

(l)

the property is sold subject to the provisions of the Real Property Act 1900 (NSW) and the strata titles legislation.

Notations on certificates of title (a)

The purchaser is aware that: (i)

the notations in or to the effect of those in Schedule 2 may be endorsed on the certificate of title issued or to be issued in respect of the property;

(ii)

the notations in or to the effect of those in Schedule 3 may be endorsed on the certificate of title issued or to be issued in respect of the common property; and

(iii)

the purchaser cannot make a claim or requisition or rescind or terminate in respect of the existence of: (A)

the notations in or to the effect of those in Schedule 2 and Schedule 3; or

(B)

any matter disclosed or noted in this contract,

which may be noted on those certificates of title.

Restricted matters (a)

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The purchaser must:

31 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

(i)

not lodge an application with the registrar or the tribunal or commence proceedings in any court of competent jurisdiction or institute any dispute resolution procedure which would prevent, curtail or inhibit the restricted matters;

(ii)

not request or procure any person including any mortgagee to lodge an application with the registrar or the tribunal or commence proceedings in any court of competent jurisdiction which would prevent, curtail or inhibit the restricted matters;

(iii)

procure any transferee of the property from the purchaser to acknowledge and agree to be bound by the matters disclosed in this contract including this clause 45 and to enter into the re-sale agreement or such other form of agreement as the vendor reasonably requires;

(iv)

pay an amount of $550.00 (including GST) prior to the vendor issuing the re-sale agreement under clause 45(a)(iii) for the legal costs incurred by the vendor; and

(v)

to do all things reasonably required by the vendor to give effect to the restricted matters.

This clause 45 ceases to apply seven years after the date of registration of the strata plan.

Acknowledgements and warranties by the purchaser

46.1

General (a)

This contract contains the entire agreement between the purchaser and the vendor at the contract date despite any: (i)

negotiations or discussions held; or

(ii)

documents, estimates or brochures produced or signed; or

(iii)

website images made available; or

(iv)

building models or sales centre display available for inspection,

before the contract date. (b)

The purchaser has not, in entering into this contract, relied on any warranty or representation made by or any other conduct of: (i)

the vendor; or

(ii)

any person on behalf of the vendor,

except those expressly provided in this contract or in legislation. (c)

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The purchaser is relying entirely upon the purchaser’s own enquiries relating to: (i)

the fitness or suitability for any particular purpose of the property;

(ii)

the purchaser’s obligations and rights under this contract; and

(iii)

any financial return, income and investment advice despite:

32 Shell Cove – Ancora Precinct E, E2 Apartments

(A)

any estimates, forecasts or feasibilities; and

(B)

information relating directly or indirectly to the purchase of the property by the purchaser as an investment on any basis whatsoever,

provided to the purchaser by or on behalf of the vendor. (d)

46.2

Subject to clauses 38 and 39, the purchaser: (i)

accepts the property in the property’s state of repair and condition at the relevant date and subject to all latent and patent defects; and

(ii)

cannot make a claim or requisition or rescind or terminate in respect of: (A)

the state of repair or condition of the property at the relevant date; or

(B)

any latent or patent defects; or

(C)

any other matter referred to in this clause 46.

Source of funds The purchaser represents and warrants that:

46.3

(a)

on the contract date, the purchaser is not illegally transferring funds from the People’s Republic of China (PRC) to pay the deposit;

(b)

on the date for completion, the purchaser will not illegally transfer funds from the PRC to pay the balance of the price; and

(c)

on the contract date, it has access to sufficient funds in a location outside of the PRC to enable it to pay the balance of the price.

Compliance The purchaser represents and warrants that by entering into this contract, and the transactions contemplated by this contract, it is not in breach of any applicable laws in the PRC and any other legal prohibitions on money laundering, trade control and sanctions applicable to the performance of this contract (including by virtue of the place of domicile or operations of the parties to this contract and their related parties).

Capacity Without affecting any other right of the vendor, if any purchaser: (a)

being an individual: (i)

dies; or

(ii)

becomes incapable because of unsoundness of mind to manage the purchaser’s own affairs,

the vendor can rescind; or (b)

being a company: (i)

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resolves to go into liquidation;

33 Shell Cove – Ancora Precinct E, E2 Apartments

(ii)

has a petition for its winding up presented and not withdrawn within thirty (30) days of presentation;

(iii)

enters into any scheme of arrangement with its creditors under the relevant provisions of the Corporations Act or any similar legislation; or

(iv)

has a liquidator, provisional liquidator, administrator, receiver or receiver and manager of it appointed,

the purchaser will have failed to comply with an essential provision of this contract and the vendor can terminate.

Agent (a)

The purchaser warrants that the purchaser was not introduced to the vendor or to the property by or through the medium of: (i)

a real estate agent; or

(ii)

an employee of a real estate agent; or

(iii)

a person having a connection with a real estate agent;

other than the real estate agent named on the front page of this contract. (b)

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The purchaser must at all times indemnify the vendor from and against: (i)

any claim for commission made by any person other than the persons listed in clause 48(a) arising out of a breach of the warranty in clause 48(a); and

(ii)

all actions, proceedings and expenses arising out of any such claim.

Lodgement of caveat (a)

The purchaser must not at any time before registration of the strata plan lodge a caveat or priority notice on any certificate of title comprising the development site.

(b)

The purchaser for valuable consideration irrevocably appoints the vendor and each person nominated by the vendor, as the purchaser’s attorney to withdraw any caveat lodged on the title comprising the development site or in contravention of clause 49(a).

Existing Encumbrances (a)

If at completion there is noted on any certificate of title for the property a mortgage or caveat (other than a caveat to which clause 50(b) applies) the purchaser must on completion accept a discharge of that mortgage or a withdrawal of that caveat in registrable form so far as it relates to the property.

(b)

If at completion there is noted on any certificate of title for the property a caveat lodged by or on behalf of: (i)

the purchaser;

(ii)

any assignee of the purchaser's interest under this contract; or 34 Shell Cove – Ancora Precinct E, E2 Apartments

(iii)

any person claiming through or under the purchaser,

the purchaser must complete despite the notation of that caveat.

Qualifying Expenditure (a)

As required under section 262A(4AJA) of the Income Tax Assessment Act 1936, the vendor will, after completion but within the time required by law, serve a statement of qualifying expenditure (if any) for the purposes of Divisions 43 of the Income Tax Assessment Act 1997.

(b)

The vendor does not warrant the accuracy or completeness of the information contained in any statement given under clause 51(a).

(c)

The vendor does not represent or warrant that the purchaser will be entitled to claim income tax deductions under the Income Tax Assessment Act 1997 for depreciation of any plant or equipment in the building or in connection with the cost of construction of the building.

Water rates If at completion no separate assessment for water and sewerage rates for the property for the quarter current at completion has been issued then:

(a)

no regard is to be had to the actual assessment when it issues;

(b)

the purchaser agrees to accept $250.00 per quarter as the amount payable for water and sewerage rates for the property for the quarter current at completion which amount must be adjusted (on the basis that it is paid) on completion in accordance with clause 14; and

(c)

the vendor must pay any assessment of water and sewerage rates which may be issued for the property for the quarter current at completion when such assessment is issued.

Council rates On registration of the strata plan Council will re-assess the council rates in respect of the property on and from the date of registration and if at completion a separate assessment for council rates in respect of the property the year current at completion has not yet been issued then:

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(a)

the purchaser agrees to accept $1,500.00 per annum as the amount payable for council rates for the property for the year current at completion which amount must be adjusted (on an unpaid basis) on completion in accordance with clause 14 for the period from the date of registration of the strata plan up to and including the date for completion; and

(b)

the purchaser must pay any assessment of council rates which may be issued for the property for the year current at completion when such assessment is issued.

35 Shell Cove – Ancora Precinct E, E2 Apartments

54 54.1

Deposit Initial $500 Administration Fee

54.2

54.3

(a)

The parties acknowledge and agree that on the contract date, the initial $500 administration fee (if any) which was paid to the vendor’s agent will form part of the deposit under this contract.

(b)

The purchaser authorises the vendor’s agent to transfer the initial $500 administration fee to the deposit holder after the contract date.

Tax file number (a)

The purchaser can provide its tax file number to the depositholder within 10 business days of the contract date.

(b)

If the purchaser does not inform the depositholder of its tax file number, tax may be deducted from any interest earned on the deposit payable to the purchaser, at the top marginal rate.

Investment of deposit (a)

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The parties direct the depositholder: (i)

to invest the deposit with a bank nominated by the vendor in an interestbearing account in the depositholder’s name as stakeholder in trust for the vendor and the purchaser with interest to be reinvested;

(ii)

if requested by the vendor, to withdraw the deposit and interest earned on the deposit, less any deductions under clause 54.3(f), and reinvest the sum withdrawn with another bank nominated by the vendor;

(iii)

when requested by the vendor, to withdraw the deposit and interest earned on the deposit in anticipation of completion of this contract;

(iv)

to withdraw the deposit and interest earned on the deposit on completion, rescission or termination of this contract (whichever occurs); and

(v)

to pay the interest earned on the deposit, less any deductions under clause 54.3(f), in accordance with this clause 54.

(b)

Subject to clause 54.3(h), the vendor and the purchaser are entitled to the interest earned on the deposit, less any deductions under clause 54.3(f), in equal shares.

(c)

Prior to completion and for the purposes of clause 54.3(e), the purchaser must provide the depositholder with the purchaser’s bank account details, including the account number, BSB, name of banking institution.

(d)

The parties acknowledge and agree that the depositholder is not required to pay the purchaser’s share of interest (if any) into a bank account unless the account is held in the name of the purchaser.

(e)

The depositholder may pay any share of interest to which the purchaser is entitled to the purchaser’s solicitor or the purchaser’s bank account details as provided under clause 54.3(c).

36 Shell Cove – Ancora Precinct E, E2 Apartments

(f)

Bank charges and government charges, fees and taxes are to be deducted from the interest earned on the deposit before payment is made under this clause 54.

(g)

The party entitled to the deposit on completion, rescission or termination of this contract (whichever occurs) bears the risk of loss of the deposit.

(h)

The party entitled to the deposit in circumstances where this contract is not completed is entitled to any interest earned on the deposit.

(i)

The parties agree to keep the depositholder indemnified from any tax that may become payable on interest accruing on the deposit.

(j)

The parties acknowledge and agree that if the depositholder receives the deposit in instalments, the depositholder is not required invest the moneys received until the whole of the deposit has been received by the depositholder.

(k)

The parties acknowledge and agree that the depositholder is under no obligation to obtain a particular rate of interest, or to invest the deposit for a particularly period of time in respect to the investment of the deposit under this clause 54.

GST

55.1

Definitions (a)

In this clause 55: (i)

ATO means the Australian Taxation Office.

(ii)

Commissioner has the meaning given in the TA Act.

(iii)

Form 1 means "Form 1: GST property settlement withholding confirmation" provided on the ATO website, or any such equivalent form approved and provided by the ATO. which the purchaser is required to make under section 16-150(2) of Schedule 1 to the TA Act.

(iv)

Form 2 means "Form 2: GST property settlement date confirmation" provided on the ATO website, or any such equivalent form approved and provided by the ATO.

(v)

GST Withholding Amount means the amount that the purchaser is required to withhold on account of GST from the price and pay to the Commissioner as notified by the vendor in the GST Withholding Notice.

(vi)

GST Withholding Notice means notification required under section 14-255 of Schedule 1 to the TA Act to be made on or before the making of the supply which states whether or not the purchaser is required to make a payment on account of GST to the Commissioner and, if so, the amount of the payment.

(vii)

GST Law has the meaning given to that expression in the A New Tax System (Goods and Services Tax) Act 1999.

(viii) TA Act means the Taxation Administration Act 1953 (Cth). (ix)

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Expressions which are not defined but which have a defined meaning in the GST Law have the same meaning. 37 Shell Cove – Ancora Precinct E, E2 Apartments

55.2

(b)

Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this contract are inclusive of GST.

(c)

The vendor and purchaser agree that the margin scheme is to apply in working out the amount of GST on the supply of the real property under this contract.

(d)

The purchaser acknowledges and agrees that the vendor is not required to provide a tax invoice in respect of the supply of the property and will not be entitled to an input tax credit for the acquisition of the property under this contract.

GST Withholding (a)

If the vendor gives the purchaser a GST Withholding Notice specifying that the purchaser is required to make a payment on account of GST to the Commissioner, then the purchaser must pay the GST Withholding Amount to the Commissioner from the balance of the price payable to the vendor on completion.

(b)

The vendor acknowledges and agrees that the vendor will not be entitled to delay completion or refuse to complete if the purchaser pays the GST Withholding Amount in accordance with this clause 55.2.

(c)

The vendor must give the GST Withholding Notice to the purchaser at least five business days before completion and notify the purchaser whether the GST Withholding Amount must be paid by way of:

(d)

(e)

(f)

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(i)

bank cheque in accordance with clause 55.2(e);

(ii)

immediately available funds in accordance with clause 55.2(f); or

(iii)

on-line conveyancing facility in accordance with clause 55.2(g).

If clause 55.2(a) applies then at least two business days before completion the purchaser must provide to the vendor: (i)

evidence of having electronically lodged Form 1 with the Commissioner in accordance with section 16-150(2) of Schedule 1 to the TA Act;

(ii)

the purchaser’s payment reference number; and

(iii)

the purchaser’s lodgement reference number.

If the vendor notifies the purchaser that the GST Withholding Amount must be paid by bank cheque then: (i)

the purchaser must at completion, give the vendor a bank cheque drawn in favour of the Commissioner for the GST Withholding Amount;

(ii)

the bank cheque given to the vendor by the purchaser pursuant to clause 55.2(e)(i) must not be post-dated, stale or dishonoured on presentation; and

(iii)

the vendor undertakes to give the bank cheque to the Commissioner, together with the reference details provided by the purchaser under clause 55.2(d).

If the vendor notifies the purchaser that the payment of the GST Withholding Amount must be made by immediately available funds, then on or before

38 Shell Cove – Ancora Precinct E, E2 Apartments

completion the purchaser must give evidence to the vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner. (g)

Clause 55.2(e) and 55.2(f) do not apply where completion occurs electronically through Property Exchange Australia or other similar online conveyancing facility and the GST Withholding Amount is paid to the Commissioner through that facility.

(h)

If payment of the GST Withholding Amount does not occur in accordance with any of clauses 55.2(e), 55.2(f), or 55.2(g) then the vendor may delay settlement until the next business day after the day on which:

(i)

(j)

56 56.1

(i)

payment of the GST Withholding Amount has occurred; or

(ii)

the vendor receives the entire purchase price.

On completion, the purchaser must either: (i)

complete and electronically submit a Form 2 to the Commissioner prior to completion, or by such other earlier time as required by the Commissioner; and

(ii)

on or before completion give to the vendor evidence of having submitted the Form 2, together with evidence that Form 2 has been received by the Commissioner; or

(iii)

on completion advise the vendor that it has not submitted a Form 2 to the Commissioner, in which case the purchaser: (A)

appoints the vendor to act as the purchaser's agent for the limited purpose of completing and submitting a Form 2 to the Commissioner, on its behalf; and

(B)

must give to the vendor all information required for the vendor to complete and submit the Form 2, together with a declaration that information provided is true and correct.

The purchaser must indemnify and keep indemnified the vendor, against all loss that may be incurred by the vendor arising from or in connection with a breach by the purchaser of this clause 55.2.

Guarantee If purchaser is a company or trustee or a trust (a)

If the purchaser is a company which is not listed on the Australian Stock Exchange, then the purchaser must procure that the directors of that company execute this contract as guarantor and the provisions of clause 56.2 will apply.

(b)

If the purchaser is a trustee of a trust: (i)

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and the purchaser is a company, then the purchaser must procure that the directors of that company or the adult beneficiaries of the trust execute this contract as guarantor and the provisions of clause 56.2 will apply; or

39 Shell Cove – Ancora Precinct E, E2 Apartments

(ii)

56.2

and the purchaser is an individual, then the purchaser must in its personal capacity execute this contract as guarantor, or procure that the adult beneficiaries of the trust give the execute this contract as guarantor, and the provisions of clause 56.2 will apply.

(c)

If the purchaser is a trustee of a trust, and the trustee of that trust is changed, then the guarantee and indemnity under clause 56.2 extends to that replacement trustee without the need for further documentation.

(d)

Despite clause 56.1(c), the purchaser acknowledges that, if the trustee of the trust is changed, the vendor may reasonably require as a condition of granting any consent under clause 64(c) that any new or additional trustee (including any new director or any adult beneficiary where the context allows) signs further documentation to give effect to the guarantee and indemnity.

Guarantee (a)

In consideration of the vendor entering into this contract at the request of the guarantor, the guarantor: (i)

(ii)

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guarantees to the vendor: (A)

payment of all moneys payable by the purchaser; and

(B)

the performance by the purchaser of all other obligations under this contract; and

indemnifies the vendor against any liability, loss, damage, expense or claim incurred by the vendor arising directly or indirectly from any breach of this contract by the purchaser.

(b)

This guarantee and indemnity is a principal obligation of the guarantor and is not collateral to any other obligation.

(c)

The liabilities of a guarantor are not affected by: (i)

the granting to the purchaser or to any other person of any time, waiver, indulgence, consideration or concession or the discharge or release of the purchaser;

(ii)

the death, bankruptcy or liquidation of the purchaser, the guarantor or any one of them;

(iii)

reason of the vendor becoming a party to or bound by any compromise, assignment of property or scheme of arrangement or composition of debts or scheme or reconstruction by or relating to the purchaser, the guarantor or any other person;

(iv)

the vendor exercising or refraining from exercising any of the rights, powers or remedies conferred on the vendor by law or by any contract or arrangement with the purchaser, the guarantor or any other person or any guarantee, bond, covenant, mortgage or other security; or

(v)

the vendor obtaining a judgment against the purchaser, the guarantor or any other person for the payment of the moneys payable under this contract.

40 Shell Cove – Ancora Precinct E, E2 Apartments

(d)

(e)

(f)

This guarantee and indemnity will continue notwithstanding: (i)

the vendor has exercised any of the vendor’s rights under this contract including any right of termination;

(ii)

the purchaser is wound up; or

(iii)

this guarantee and indemnity is for any reason unenforceable either in whole or in part.

This guarantee and indemnity: (i)

is of a continuing nature and will remain in effect until final discharge of the guarantee or indemnity is given by the vendor to the guarantor;

(ii)

may not be considered wholly or partially discharged by the payment of the whole or any part of the amount owed by the purchaser to the vendor (as relevant); and

(iii)

extends to the entire amount that is now owed or that may become owing at any time in the future to the vendor by the purchaser pursuant to or contemplated by this contract including any interest, costs or charges payable to the vendor under this contract.

If any payment made to the vendor by or on behalf of the purchaser or the guarantor is subsequently avoided by any statutory provision or otherwise: (i)

that payment is to be treated as not discharging the guarantor's liability for the amount of that payment; and

(ii)

the vendor and the guarantor will be restored to the position in which each would have been and will be entitled to exercise all rights which each would have had if that payment had not been made.

(g)

The vendor can proceed to recover the amount claimed as a debt or damages from the guarantor without having instituted legal proceedings against the purchaser and without first exhausting the vendor’s remedies against the purchaser.

(h)

It is an essential provision of this contract that the guarantor signs this contract.

Deposit Bond (a)

In this clause 57: Insolvent means in respect of an issuer of a deposit bond the happening of any of these events:

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(i)

an order is made that the issuer be wound up;

(ii)

an order appointing a liquidator or provisional liquidator in respect of the issuer, or one of them is appointed, whether or not under an order;

(iii)

except to reconstruct or amalgamate while solvent on terms approved by the vendor, the issuer enters into or resolves to enter into a scheme of arrangement, agreement of company arrangement or composition with, or

41 Shell Cove – Ancora Precinct E, E2 Apartments

assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them; (iv)

the issuer resolves to wind itself up, or otherwise dissolves itself, or gives notice of intention to do so, except to reconstruct or amalgamate while solvent on terms approved by the vendor, or is otherwise wound up or dissolved;

(v)

the issuer is or states that it is insolvent;

(vi)

the issuer takes any step to obtain protection or is granted protection from its creditors, under any applicable legislation, or an administrator is appointed to the issuer;

(vii)

the issuer becomes an insolvent under administration as defined in the Corporations Act; or

(viii) anything having a substantially similar effect to any of the events specified above happens. (b)

This clause 57 applies if a deposit bond in favour of the vendor has been accepted by the vendor (in the vendor’s absolute discretion) as the deposit or as any part of the deposit.

(c)

The purchaser must pay the vendor by unendorsed bank cheque the amount specified in the deposit bond:

(d)

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(i)

on completion; or

(ii)

within five days after the vendor serves notice claiming forfeiture of the deposit.

The vendor may call on the deposit bond if: (i)

the purchaser does not comply with clause 57(c);

(ii)

the purchaser fails to pay the deposit (or is deemed to fail to pay the deposit under clause 2) on completion; or

(iii)

the vendor terminates this contract.

(e)

If the issuer of the deposit bond becomes Insolvent or ceases to carry on business in Australia (event), then the purchaser must provide a replacement deposit bond within 2 business days of the event.

(f)

If the replacement deposit bond to be provided under clause 57(e) does not comply with this clause 57, the purchaser must within 14 days after the vendor notifies it, give the vendor an unendorsed bank cheque in favour of the depositholder for the amount specified in the original deposit bond given under this contract.

(g)

The purchaser must ensure that any deposit bond delivered to the vendor under this clause 57 is valid and enforceable in accordance with its terms.

(h)

The obligations of the purchaser under this clause 57 are essential. If the purchaser does not comply with its obligations under this clause 57, the vendor may elect in its absolute discretion to:

42 Shell Cove – Ancora Precinct E, E2 Apartments

(i)

terminate this contract and call on the deposit bond; or

(ii)

treat the non-compliance as deemed failure to pay the deposit under clause 2.1.

Privacy Act (a)

The purchaser consents to: (i)

the collection of personal information by the vendor and Frasers Property Australia;

(ii)

the use and disclosure by the vendor and Frasers Property Australia of personal information for the purposes of enabling the vendor and Frasers Property Australia to comply with their obligations under, associated with and arising in connection with this contract, including any obligations to any third parties, such as the vendor's financiers;

(iii)

the disclosure to, and use by, third party vendors and service providers engaged by the vendor or Frasers Property Australia of the personal information for the purpose of:

(iv)

(b) BAL v3

(A)

enabling the vendor and Frasers Property Australia to comply with and fulfil their obligations under or arising under or in connection with this contract; and

(B)

procuring the provision to the purchaser of products and services contemplated by this contract; and

the use and disclosure by the vendor and Frasers Property Australia of personal information for the purposes of: (A)

enabling the vendor to enforce its rights under this contract;

(B)

the purchase, development and sale of land;

(C)

the proposed sale of an interest in the business of the vendor or Frasers Property Australia including the sale of the building and any other part of Shell Cove;

(D)

raising finance;

(E)

internal reporting;

(F)

reporting to any related body corporate, financier or adviser of the vendor or Frasers Property Australia;

(G)

any use specified in any privacy statement; and

(H)

the disclosure to and use by Real Utilities Pty Limited and those of its related entities that are listed at www.frasersproperty.com.au/realutilities (together, Real Utilities) of personal information for the purpose of one or more of the Real Utilities entities to contact the purchaser so that it may promote and offer for sale any or all of the Embedded Utilities to the purchaser.

The purchaser acknowledges that 43 Shell Cove – Ancora Precinct E, E2 Apartments

(i)

the personal information is held by the vendor and Frasers Property Australia subject to the requirements of the Privacy Act 1988 (Cth) and accordingly the purchaser may request access to personal information at any time; and

(ii)

the purchaser may request that personal information be corrected and should do so by contacting the privacy officer of the vendor or Frasers Property Australia.

Government Information (Public Access) Act 2009 The purchaser acknowledges that:

(a)

the vendor is an agency for the purposes of the Government Information (Public Access) Act 2009 (Cth) (GIPA Act);

(b)

in order to comply with the requirements of the GIPA Act, the vendor must enter into a register such details of this contract as are required by the provisions of the GIPA Act (GIPA Information); and

(c)

the vendor, upon receiving an application from a member of the public for access to the GIPA Information, may release the GIPA Information in accordance with the requirements imposed upon the vendor by the provisions of the GIPA Act.

Home Building Act 1989 The vendor discloses and the purchaser acknowledges that:

(a)

for the purposes of the Home Building Act 1989 (the “HB Act”), the construction of the Building is residential building work in relation to a multi-storey building (as defined in clause 56(7) of the Home Building Regulation 2014 (the “HB Regulation”); and

(b)

the vendor is exempt under section 56 of the HB Regulation from the requirements of Part 6 of the HB Act in relation to residential building work which is to be done in connection with the building; and

(c)

the vendor will not give a certificate of insurance in connection with that residential building work.

Vendor’s marketing material The purchaser must not use any of the vendor’s marketing material.

Commercial Interests The vendor discloses that many provisions contained in this contract, including those provisions set out in clauses 62(c) to 62(g) below, are reasonably necessary to protect the vendor’s legitimate commercial interests by providing the vendor with sufficient flexibility in relation to:

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44 Shell Cove – Ancora Precinct E, E2 Apartments

(a)

design and construction changes and the like; and

(b)

compliance with authority requirements,

which may arise during the course of obtaining preliminary plan approval and construction of the building having regard to the nature and current state of the building: (c)

the reservation of the vendor’s rights to extend the sunset date in the event construction of the building or registration of the strata plan are delayed in whole or in part because of any cause, matter or thing beyond the control of the vendor;

(d)

the reservation of the vendor’s rights to make construction amendments and changes to finish and the like;

(e)

the reservation of the vendor’s rights to make changes to the strata plan and the documents referred to in clause 41.1(a)(i);

(f)

the reservations of the vendor’s rights to create easements, restrictions on use or positive covenants; and

(g)

the restriction on the purchaser’s rights to make claims, requisitions, rescind or terminate (subject to the purchaser rights).

Foreign investment approval

63.1

Definitions In this clause 63, these terms (in any form) mean:

63.2

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(a)

Act the Foreign Acquisitions and Takeovers Act 1975 (Cth), the Foreign Acquisitions and Takeovers Regulations 2015 (Cth) and Australia’s Foreign Investment Policy as published on the Foreign Investment Review Board website (www.firb.gov.au) from time to time;

(b)

Cut Off Date the date which is 90 days after the contract date;

(c)

FIRB Approval a no objection notification, made by or on behalf of the Treasurer under the Act and stating that the Commonwealth Government does not object to the transactions contemplated by this contract, either unconditionally or subject to conditions;

(d)

Loss all losses (including loss of profit, loss of expected savings, opportunity costs, loss of business (including loss or reduction of goodwill) and damage to reputation), claims, liabilities, damages, costs, charges and expenses (including tax) of any nature; and

(e)

Treasurer the Treasurer of the Commonwealth of Australia.

Application of clause (a)

If “FIRB Approval” section on the front page of this contract is marked “NO” then clause 63.3 applies.

(b)

If “FIRB Approval” section on the front page of this contract is marked “YES” then clause 63.4 applies.

45 Shell Cove – Ancora Precinct E, E2 Apartments

63.3

(c)

If no choice is marked in “FIRB Approval” section on the front page of this contract, then it is taken to be marked “YES” and clause 63.4 applies.

(d)

If both choices are marked in “FIRB Approval” section on the front page of this contract, then it is taken to be marked “YES” and clause 63.4 applies.

(e)

Clause 22 is deleted.

Purchaser’s FIRB declaration – No (a)

63.4

The purchaser warrants at the contract date and again at completion that the purchaser: (i)

is not a foreign person for the purposes of the Act; and

(ii)

is not required to give notice to the Treasurer under section 81(1) of the Foreign Acquisitions and Takeovers Act 1975 (Cth).

(b)

The warranty in clause 63.3(a) is an essential provision of this contract a breach of which entitles the vendor to terminate.

(c)

The purchaser acknowledges that the vendor has entered into this contract in reliance on this warranty.

(d)

The purchaser indemnifies the vendor against any Loss suffered or incurred by the vendor in connection with or arising from a breach of the warranty in clause 63.3(a)

Purchaser’s FIRB declaration – Yes (a)

(b)

Nothing in this contract constitutes or is otherwise intended to give rise to a binding agreement for the sale and purchase of the property. The parties acknowledge and agree that: (i)

the purchaser is not intended to acquire any rights in relation to the property until the purchaser has received FIRB Approval;

(ii)

no obligation on the vendor to sell, or right of the purchaser to buy the property is of any force or effect until FIRB Approval has been obtained; and

(iii)

all other provisions of this contract (other than those described in clauses 63.4(a)(i) and 63.4(a)(ii)) are binding on the parties as at the contract date, including clauses 63.4(b).

The purchaser must, at the purchaser’s cost: (i)

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within 10 business days of the contract date: (A)

make an application to the Treasurer in accordance with section 81 of the Act in respect of the transactions contemplated by this contract (Application);

(B)

pay the applicable fee in respect of the Application to the Treasurer; and

(C)

provide evidence to the vendor of the purchaser’s compliance with clauses 63.4(b)(i)(A) and 63.4(b)(i)(B), including a copy of the Application; and

46 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

(ii)

use best endeavours to obtain FIRB Approval as expeditiously as possible and in any event on or before the Cut Off Date;

(iii)

provide the Treasurer with all information the Treasurer requires (and signing all documentation required) to make a decision under the Act; and

(iv)

make payment of all applicable fees in respect to the Application.

The purchaser must serve notice as soon as reasonably practical but in any event no later than 3 business days after: (i)

the purchaser receives FIRB Approval; or

(ii)

the purchaser: (A)

receives an indication that the purchaser will not, or may not, obtain FIRB Approval; or

(B)

receives formal notification that FIRB Approval will not be obtained; or

(C)

the purchaser does not receive FIRB Approval by the Cut Off Date,

including copies of all correspondence in relation to the Application.

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(d)

Clause 63.4(b) and clause 63.4(c) are essential provisions of this contract and a breach of either or both of them entitles the vendor to terminate.

(e)

If the purchaser complies with the purchaser’s obligations under clause 63.4(b) and serves a notice as required under clause 63.4(c)(ii), then clause 19 applies as if this contract is rescinded, except that the vendor can retain from the deposit any reasonable administration costs incurred by the vendor.

(f)

On the vendor’s request, the purchaser must inform the vendor of the progress of the purchaser’s Application.

(g)

The purchaser is not required to comply with the provisions of clause 63.4(b) if, within 5 business days of the contract date, the purchaser provides evidence to the satisfaction of the vendor, in the vendor’s absolute discretion, that the purchaser does not require FIRB Approval but the purchaser must pay the vendor’s solicitors reasonable legal costs of reviewing that evidence.

(h)

If the purchaser complies with the purchaser’s obligations under clause 63.4(b) and the purchaser has not received any correspondence from the Treasurer regarding the Application on or before the Cut Off Date, the purchaser may, by written notice to the vendor, request the vendor to extend the Cut Off Date.

(i)

Upon written request from the purchaser under clause 63.4(h), the vendor may extend the Cut Off Date by any number of days. The vendor must act reasonably when considering the purchaser’s request under clause 63.4(h) but is not obliged to extend the Cut Off Date.

(j)

The purchaser may request an extension of the Cut Off Date under clause 63.4(h) more than once.

(k)

The vendor can, irrespective of whether or not the purchaser has made request under clause 63.4(h), serve a notice extending the Cut Off Date by any number of days specified in that notice. 47 Shell Cove – Ancora Precinct E, E2 Apartments

(l)

The vendor may issue a notice extending the Cut Off Date under clause 63.4(k) more than once.

Trustee provisions If the purchaser enters into this contract as trustee of any trust (Trust) (and whether or not the vendor has notice of the Trust) the purchaser: (a)

acknowledges that the purchaser is bound under this contract both personally and in the purchaser’s capacity as trustee of the Trust;

(b)

warrants to the vendor that:

(c)

(i)

the Trust is validly created and is in existence;

(ii)

the purchaser will disclose fully to the vendor the terms of the Trust on request;

(iii)

the purchaser possesses unqualified power under the trust to enter into this contract;

(iv)

any consent, approval or resolution necessary to enable the purchaser to enter and discharge the purchaser’s obligations under this contract has been obtained or passed; and

(v)

the purchaser holds the purchaser’s interest under this contract: (A)

in the proper exercise of the purchaser’s powers under the Trust; and

(B)

for the benefit of the beneficiaries or objects of the Trust; and

must ensure that between the contract date and the final discharge of the purchaser’s obligations under this contract there does not occur without the vendor’s consent (that consent not to be unreasonably withheld) any of the following events: (i)

amendment or revocation of the Trust;

(ii)

removal or retirement of the Trust;

(iii)

appointment of a new or additional trustee of the Trust;

(iv)

use of the Trust assets for a beneficiary’s or an object’s own purposes, unless pursuant to the terms of the Trust;

(v)

distribution, resettlement or transfer of the Trust assets;

(vi)

anything that might result in the trustee’s entitlement to its indemnity from the Trust assets or the beneficiaries being diminished;

(vii)

acceleration of the vesting date or termination of the Trust; or

(viii) the purchaser as trustee:

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(A)

incurring a debt;

(B)

lending money;

(C)

giving a guarantee or indemnity; 48 Shell Cove – Ancora Precinct E, E2 Apartments

(D)

encumbering a Trust asset;

(E)

mixing Trust assets;

(F)

comprising a claim in relation to any Trust asset;

(G)

parting with possession of a Trust asset;

(H)

delegating any of the purchaser’s trustee’s powers; or

(I)

increasing the purchaser’s trustee remuneration,

other than in the proper exercise of the purchaser’s duties under the Trust.

Transfer of property from vendor to New Vendor

65.1

Transfer prior to completion The purchaser acknowledges that the legal or beneficial ownership of the vendor may change including by the introduction of an investment partner or the vendor may transfer its interest in the property to a New Vendor prior to completion.

65.2

Notifying the purchaser The vendor must serve notice if the vendor transfers the property to a New Vendor. In the notice, the vendor must provide details of the New Vendor.

65.3

Consents by purchaser The purchaser and the guarantor(s) (if any) each agree:

65.4

(a)

to the transfer of the property to a New Vendor according to this clause 65;

(b)

to the vendor novating this contract to a New Vendor pursuant to clause 65.4, if required by the vendor;

(c)

to accept on completion a transfer of the property in registrable form duly executed by the New Vendor (if the vendor transfers the property to that New Vendor according to this clause 65); and

(d)

if the purchaser has paid the deposit by bank guarantee or bond, to replace the bank guarantee or bond with a new bank guarantee or bond for the same amount in favour of the New Vendor within seven days after being requested to do so by the vendor.

Novation If required by the vendor, the purchaser and the guarantor(s) (if any) each agree to enter into a deed of novation to novate this contract from the vendor to the New Vendor. These provisions will apply:

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(a)

the vendor must, at the vendor’s cost, prepare the deed of novation;

(b)

the purchaser and the guarantor each must sign the deed of novation and return it to the vendor within seven days of receiving the deed of novation from the vendor together with a certificate that complies with section 66W of the Conveyancing Act 1919 noting the New Vendor as the vendor; and

49 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

65.5

the deed of novation may contain a provision releasing the vendor from all or any of the vendor’s obligations under this contract which are not due for performance at the date of the novation if the New Vendor assumes those obligations.

Stamp duty The vendor agrees to pay any stamp duty payable upon the novation of this contract according to this clause 65.

65.6

Indemnity by the vendor for stamp duty The vendor indemnifies the purchaser in the event the purchaser is liable for any additional stamp duty in respect of this contract or the transfer of the property to the purchaser (above the stamp duty normally payable by the purchaser) arising as a result of the transfer or novation under this clause 65.

65.7

65.8

Power of attorney (a)

The purchaser irrevocably and for valuable consideration appoints the vendor and each authorised officer of the vendor individually as the purchaser’s attorney (Attorney) and agrees to ratify anything an attorney does under clause 65.7(b).

(b)

In the event of either the purchaser or the guarantor, or both, failing to comply with their obligations in clause 65.4, the Attorney may do whatever is necessary or convenient to enable the vendor to procure that the purchaser and the guarantor enter into a deed of novation including signing the deed of novation as attorney for either the purchaser or guarantor.

(c)

The purpose of this power of attorney is to enable the vendor to transfer the vendor’s interest to the New Vendor in accordance with its rights under this clause 65.

No claims etc The purchaser cannot make any claim or requisition or rescind or terminate because of any matter stated in this clause 65.

Limitations on purchaser’s rights If there is a construction amendment or change to the strata plan as a result of any of the following:

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(a)

the inclusion of service risers in the apartment which form part of any wall;

(b)

the inclusion of columns in the apartment which form part of any wall;

(c)

the alteration of the internal arrangement of fixtures in the bathrooms, laundry or kitchen in the apartment;

(d)

the relocation of cupboards within the apartment;

(e)

subject to clause 38.2(a), the alteration of finishes in the apartment;

(f)

the designation of any part of the property as “storage” which is capable of having a car parked in it;

(g)

any minor decrease in the area of a car parking space or storage area; or 50 Shell Cove – Ancora Precinct E, E2 Apartments

(h)

any relocation of a car parking space or storage area,

the purchaser acknowledges and agrees that the difference will not materially prejudice the purchaser. This clause does not limit the matters which the purchaser acknowledges and agrees will not constitute material prejudice.

Prohibited entities The purchaser: (a)

represents and warrants that it is not a prohibited entity and is not owned or controlled by, or acts on behalf of, any prohibited entity; and

(b)

indemnifies the vendor against any non-compliance by the vendor with all antiterrorism legislation in Australia including, without limitation, Part 4 of the Charter of the United Nations Act 1945 and Part 5.3 of the Criminal Code Act 1995 due to a breach by the purchaser of its representation or warranty in this clause.

Assignment by purchaser

68.1

Assignment The purchaser may only assign or novate this contract (or otherwise dispose of its interest in this contract other than by way of an on sale or sub sale) with the vendor’s prior written consent which may be withheld or granted (with or without conditions) in the vendor’s absolute discretion.

68.2

Details When seeking the vendor’s consent under clause 68.1, the purchaser must advise the vendor of the identity of the other party and details of any proposed guarantor including the details on the financial capacity of the other party or any proposed guarantor or any further information required by the vendor.

68.3

Clause is essential This clause 68 is an essential provision of this contract.

Pre-settlement inspection

69.1

Purchaser may inspect the property Subject to clause 69.2 the purchaser may inspect the property at any reasonable time after the vendor has procured completion of the apartment forming part of the property and before the date for completion (as determined by the vendor) by making an appointment with the vendor.

69.2

Purchaser acknowledgments (a)

The purchaser acknowledges that: (i)

the vendor reserves the right (acting reasonably) to: (A)

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set the time and date of the purchaser’s inspection appointment; 51 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

(B)

limit the time spent during an inspection appointment;

(C)

limit the number of persons attending an inspections appointment; and

(D)

limit the purchaser’s inspection opportunity to a single inspection appointment.

If the purchaser wishes to have the property inspected by any consultant, including a valuer on behalf of a financier, the purchaser must arrange for those consultants to attend the inspection appointment.

Appliance Warranties

70.1

Documents to be given by vendor The vendor must serve:

70.2

(a)

on or as soon as reasonably possible after completion all written warranties in respect of appliances and the like in the property that are in the physical possession of the vendor for those inclusions in the sale; and

(b)

within six months after completion all written warranties in respect of appliances and the like in the property that come into the physical possession of the vendor that were not in the physical possession of the vendor on completion for those inclusions in the sale.

Assignment of warranties If those warranties are capable of assignment, then on and by virtue of completion the vendor assigns to the purchaser all the vendor’s interest in them.

Finance Approval and Presales

71.1

Definitions In this clause 71, these terms have the following meaning:

71.2

(a)

conditions sunset date is 31 March 2023 as may be extended in accordance with this clause 71;

(b)

finance approval means approval from a Financial Institution for the construction of the building and associated development and infrastructure works on terms satisfactory to the vendor;

(c)

Financial Institution means any bank, building society, credit union or mortgage broker; and

(d)

Presales means the vendor achieving sufficient presales to the vendor’s satisfaction for apartments within the building.

Conditional contract Completion of this contract is subject to and conditional on the vendor: (a)

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obtaining finance approval; and 52 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

achieving Presales,

on or before the conditions sunset date.

71.3

Vendor to use reasonable endeavours The vendor must use reasonable endeavours to obtain finance approval and achieve Presales before the conditions sunset date.

71.4

Failure to satisfy conditions If the vendor does not obtain finance approval or achieve Presales by the conditions sunset date, the vendor may serve a notice on the purchaser within 30 days after the conditions sunset date rescinding this contract.

71.5

Deemed satisfaction of conditions If: (a)

the vendor has not given notice under clause 71.4 rescinding this contract; or

(b)

the time period specified in clause 71.4 has passed,

the conditions in clause 71.2 will be deemed to have been satisfied and the contract will no longer be subject or conditional on the matters set out in clause 71.2.

71.6

Vendor may waive condition The purchaser acknowledges that clause 71 has been inserted for the sole benefit of the vendor who may at any time waive by notice in writing to purchaser the benefit of the conditions in clause 71.1 after which the contract will be no longer subject to or conditional on the matters set out in clause 71.1.

71.7

Extending conditions date The vendor may, in the vendor’s absolute discretion, extend the conditions sunset date by serving notice for a maximum of twice for a period (or periods) not exceeding 12 months in total.

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Foreign resident capital gains withholding payments (a)

This clause 72 applies if the price is equal to or greater than $750,000.

(b)

In this clause 72, terms have the following meanings: (i)

Clearance Certificate means a certificate in respect of the vendor given by the Commissioner under section 14-220 of Schedule 1 of the TA Act;

(ii)

Commissioner has the meaning given to that term in the TA Act;

(iii)

TA Act means the Taxation Administration Act 1953 (Cth);

(iv)

Variation means a variation made by the Commission under section 14235(2) of Schedule 1 of the TA Act; and

(v)

Withholding Amount means the amount that the purchaser is required to pay the commissioner under section 14-200(3) of Schedule 1 of the TA Act.

53 Shell Cove – Ancora Precinct E, E2 Apartments

(c)

Attached to this contract is a Clearance Certificate current as at the contract date. If the attached Clearance Certificate expires prior to completion, the vendor may serve an updated Clearance Certificate before completion.

(d)

The vendor may serve a Variation before completion.

(e)

If: (i)

the Clearance Certificate attached to this contract has not expired at the date for completion; or

(ii)

the vendor serves a further Clearance Certificate under clause 72(c) no later than 2 business days before the date for completion that is current as at the date for completion,

then the purchaser must not on completion retain or withhold any amount of the price for the purposes of Subdivision 14-D of Schedule 1 of the TA Act (f)

If the vendor serves a Variation no later than 2 business days before the date for completion then the purchaser must on completion only retain or withhold the amount specified in the Variation for the purposes of Subdivision 14-D of Schedule 1 of the TA Act.

(g)

If the Clearance Certificate attached to this contract expires prior to the date for completion and the vendor does not serve a further Clearance Certificate that is current at the date for completion under clause 72(c) then the purchaser must:

(h)

serve evidence of a purchaser payment notification to the Australian Taxation Office;

(ii)

at completion, produce a settlement cheque in favour of the Commissioner for the Withholding Amount;

(iii)

immediately following completion deliver that settlement cheque to the Commissioner; and

(iv)

serve evidence of receipt by the Commissioner of payment of the Withholding Amount within 2 business days of receipt.

This clause 72 does not merge on completion.

Forum of law (a)

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(i)

Any dispute, controversy, difference or claim arising out of or in connection with this contract, including the existence, validity, interpretation, performance, breach or termination of it or any dispute regarding non-contractual obligations arising out of or in relation to it (a “Dispute”), shall be referred to and finally resolved either by the courts of the State of New South Wales or by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC), at the sole discretion of the vendor, provided if any Dispute is commenced by the purchaser, the purchaser shall give the vendor not less than 14 days’ notice in writing of its intention to commence proceedings, and the vendor must exercise its election in writing within 14 days of receiving that notice.

54 Shell Cove – Ancora Precinct E, E2 Apartments

(b)

Any arbitration commenced at the HKIAC shall be conducted under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The substantive law to be applied in the arbitration shall be the law of New South Wales, Australia. The seat of the arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.

Electronic conveyancing

74.1

Application of clause 74 If the Registrar General requires a document contemplated by this contract to be lodged electronically, including the transfer, then despite the front pages of this contract providing that there is no proposed electronic transaction the parties agree that this contract is an electronic transaction and the provisions of this clause 74 apply.

74.2

Definitions In this clause 74:

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(a)

Adjustment Figures means details of the adjustments to be made to the price under clause 14;

(b)

Certificate of Title means the paper duplicate of the folio of register for the property which exists immediately prior to completion and, if more than one, refers to each such paper duplicate;

(c)

Completion Time means the time stated in the definition of “date for completion” (if any) and if no time is stated, 12.00 pm on the date for completion;

(d)

Conveyancing Transaction has the meaning given to that term in the Participation Rules;

(e)

Digitally Signed has the meaning given to that term in the Participation Rules;

(f)

Discharging Mortgagee means any discharging mortgagee, chargee, covenant chargee, or caveator whose provision of a Digitally Signed discharge of mortgage, discharge of charge or withdrawal of caveat is required in order for unencumbered title to the property to be transferred to the purchaser;

(g)

ECNL means the Electronic Conveyancing National Law (NSW);

(h)

Electronic Document means a dealing as defined in the Real Property Act 1900 which may be created and Digitally Signed in an Electronic Workspace;

(i)

Electronic Transaction means a Conveyancing Transaction to be conducted for the parties by their legal representatives as Subscribers using an ELN and in accordance with the ECNL and the Participation Rules;

(j)

Electronic Transfer means a transfer of land under the Real Property Act 1900 for the property to be prepared and Digitally Signed in the Electronic Workspace established for the purposes of the parties’ Conveyancing Transaction;

(k)

Electronic Workspace has the meaning given to that term in the Participation Rules;

55 Shell Cove – Ancora Precinct E, E2 Apartments

74.3

74.4

(l)

ELN has the meaning given to that term in the Participation Rules;

(m)

ELNO has the meaning given to that term in the Participation Rules;

(n)

Incoming Mortgagee means any mortgagee who is to provide finance to the purchaser on the security of the property and to enable the purchaser to pay the whole or part of the price;

(o)

Land Registry has the meaning given to that term in the Participation Rules;

(p)

Lodgement Case has the meaning given to that term in the Participation Rules;

(q)

Mortgagee Details means the details which a party to the Electronic Transaction must provide about any Discharging Mortgagee of the property as at completion;

(r)

Participation Rules means the participation rules as determined by the ECNL;

(s)

Payment Directions means written directions as to how the price is to be paid;

(t)

Populate means to complete data fields In the Electronic Workspace;

(u)

Prescribed Requirement has the meaning given to that term in the Participation Rules;

(v)

Subscribers has the meaning given to that term in the Participation Rules; and

(w)

Title Data means the details of the title to the property made available to the Electronic Workspace by the Land Registry.

Electronic Transaction (a)

The transaction the subject of this contract is to be conducted as an Electronic Transaction.

(b)

To the extent, but only to the extent, that any other provision of this contract is inconsistent with this clause 74, the provisions of this clause 74 prevail.

(c)

The purchaser must ensure that the purchaser’s solicitor is a Subscriber.

(d)

The parties must conduct the Electronic Transaction in accordance with the Participation Rules and the ECNL.

(e)

A party must pay the fees and charges payable by that party to the ELNO and the Land Registry as a result of this transaction being an Electronic Transaction.

Communications Despite any other provision of this contract:

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(a)

the service of notices and any communications (other than the giving or serving of Electronic Documents, Adjustment Figures, Payment Directions or other communications required to be given by this clause 74) in respect of the Electronic Transaction must not occur through the Electronic Workspace; and

(b)

a document which is an Electronic Document is served as soon as it is first Digitally Signed in the Electronic Workspace on behalf of the party required to serve it.

56 Shell Cove – Ancora Precinct E, E2 Apartments

74.5

Establishment of Electronic Workspace by vendor (a)

(b)

74.6

If the property comprises a lot or lots in a registered plan, the vendor must, no later than 6 days from the date for completion: (i)

create an Electronic Workspace;

(ii)

Populate the Electronic Workspace with Title Data, the date for completion, the Completion Time and, if applicable, Mortgagee Details;

(iii)

invite the purchaser and any Discharging Mortgagee to the Electronic Workspace; and

(iv)

procure that any Discharging Mortgagee join the Electronic Workspace.

If the property comprises a lot or lots in an unregistered plan of subdivision, the vendor must, within 14 days of registration of the plan of subdivision creating the lots: (i)

create an Electronic Workspace;

(ii)

Populate the Electronic Workspace with Title Data, the date for completion, the Completion Time and, if applicable, Mortgagee Details;

(iii)

invite the purchaser and any Discharging Mortgagee to the Electronic Workspace; and

(iv)

procure that any Discharging Mortgagee join the Electronic Workspace.

Response to vendor Within 2 business days of receiving an invitation from the vendor to join the Electronic Workspace, the purchaser must:

74.7

(a)

join the Electronic Workspace;

(b)

create and Populate an Electronic Transfer;

(c)

invite any Incoming Mortgagee to join the Electronic Workspace; and

(d)

procure that any Incoming Mortgagee join the Electronic Workspace.

Financial settlement To complete the financial settlement schedule in the Electronic Workspace: (a)

the vendor will provide the purchaser with Adjustment Figures before the date for completion; and

(b)

the vendor must: (i)

confirm the Adjustment Figures; and

(ii)

Populate the Electronic Workspace with payment details,

at least 1 business day before the date for completion.

74.8

Signing of Electronic Documents On or before the date for completion, the purchaser must ensure that: (a)

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all Electronic Documents which the purchaser must Digitally Sign to complete the Electronic Transaction are Populated and Digitally Signed; 57 Shell Cove – Ancora Precinct E, E2 Apartments

74.9

(b)

all certifications required by the ECNL are properly given; and

(c)

they do everything else in the Electronic Workspace which the purchaser must do to enable the Electronic Transaction to proceed to completion.

Changes to Electronic Documents (a)

If, after the vendor has: (i)

confirmed the Adjustment Figures in accordance with clause 74.7(b)(i); or

(ii)

complied with the vendor’s obligations under clause 74.8,

and the purchaser: (iii)

requests an amendment to the Adjustment Figures;

(iv)

requests a change to an Electronic Document which has been Digitally Signed; or

(v)

requests an extension of the Completion Time or the date for completion,

the purchaser must pay on demand an amount of $250.00 (plus GST) for the legal costs incurred by the vendor in issuing new Adjustment Figures or Digitally Signing the Electronic Documents (or both), payable to the vendor’s solicitor on completion. (b)

74.10

Clause 74.9(a) is an essential term of this contract and an amount of $250.00 (plus GST) must be paid on and as a condition of completion.

Completion If completion takes place in the Electronic Workspace:

74.11

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(a)

payment electronically on completion of the price in accordance with clause 16.7 is taken to be payment by a single settlement cheque;

(b)

the completion address in clause 16.11 is the Electronic Workspace; and

(c)

clauses 16.8, 16.12 and 16.13 do not apply.

System failure (a)

If the computer systems of any of the Land Registry, the ELNO or the Reserve Bank of Australia are inoperative for any reason at the Completion Time, a failure to complete this contract for that reason is not default under this contract on the part of either party.

(b)

If the Electronic Workspace allows the parties to choose whether financial settlement is to occur despite the computer systems of the Land Registry being inoperative for any reason at the Completion Time normally, subject to clause 74.11(c) the parties must choose that financial settlement not occur.

(c)

If, notwithstanding clause 74.11(b) the vendor gives notice to the purchaser that financial settlement is to occur on or before 5.00pm on the date for completion: (i)

financial settlement must occur despite such failure;

(ii)

all Electronic Documents Digitally Signed by the vendor, the Certificate of Title and any discharge of mortgage, withdrawal of caveat or other 58 Shell Cove – Ancora Precinct E, E2 Apartments

Electronic Document forming part of the Lodgement Case for the Electronic Transaction shall be taken to have been unconditionally and irrevocably delivered to the purchaser or the purchaser’s mortgagee at the time of financial settlement together with the right to deal with the land comprised in the Certificate of Title; and (iii)

74.12

after completion, the vendor is taken to have no legal or equitable interest in the property.

Prescribed Requirements 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 Title after completion.

74.13

Other documents (a)

The parties must on or before completion deliver any documents or things that cannot be delivered through the Electronic Workspace to the vendor’s solicitor.

(b)

The vendor’s solicitor: (i)

holds those items delivered pursuant to clause 74.13(a) on completion in escrow for the benefit of; and

(ii)

must immediately after completion deliver the documents or things to, or as directed by,

the party entitled to them.

Embedded Energy Network What is the purpose of this clause? (a)

(b)

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This clause has two purposes: (i)

to disclose to the purchaser certain matters relating to the installation, operation and costs (to the owners corporation and the purchaser) of an embedded network in the building; and

(ii)

to obtain the purchaser’s consent to those matters.

The vendor wishes to disclose to the purchaser that an Embedded Network may be installed in the building by an Embedded Network Operator, and if installed: (i)

the Embedded Network will provide utility services to the owners corporation and to all lots;

(ii)

the purchaser is entitled to choose its electricity provider but must pay the Embedded Network Operator an electricity network access charge regardless of which electricity provider it chooses (this is a regulated charge and is the same regardless of the electricity retailer chosen by the purchaser); and

(iii)

the Embedded Network Operator will be the exclusive supplier of hot water and the purchaser must purchase those utilities from the Embedded Network Operator, 59 Shell Cove – Ancora Precinct E, E2 Apartments

as set out in detail in this clause. (c)

By signing this contract, the purchaser is giving its informed consent to the arrangements set out in this clause and the documents attached to this contract referred to in this clause.

What are the Embedded Network Services for the building? (d)

The vendor discloses that if the vendor installs an Embedded Network in the building the Embedded Network will supply electricity and hot water (called “Embedded Utility Services” in this clause) to the owners corporation and the owner or occupier of each of the lots in the strata scheme (including the property).

What are the benefits of an Embedded Network Service? (e)

The intent of establishing an Embedded Network is to provide: (i)

improved sustainability outcomes;

(ii)

carbon neutral energy through a combination of renewable energy sources and purchased carbon off-sets (if the Embedded Network Operator is Carbon Neutral certified by Climate Active);

(iii)

energy efficiency (e.g. using high efficiency heat pumps);

(iv)

improved services;

(v)

generally lower cost utilities;

(vi)

a single invoice for all utilities supplied by the Embedded Network Operator; and

(vii)

customer access to consumption data for utilities supplied by the Embedded Network Operator (via an online portal),

to the occupants and to the owners corporation. In return, the Embedded Network Operator is entitled to the financial benefit arising from ownership of part of the Embedded Network and operation of the Embedded Network. Who will own the Embedded Network? (f)

If installed, the Embedded Network will be owned jointly by: (i)

the owners corporation - as to that part of the Embedded Network comprising the wiring, risers, conduits, common distributor board, meter cabinets and current transformers installed in the main switchboard and any power factor correction device installed in lots and in the common property; and

(ii)

the Embedded Network Operator - as to that part of the Embedded Network equipment located in the Embedded Network Lot.

What rights does the Embedded Network Operator have over the parts of the Embedded Network owned by the owners corporation? (g)

BAL v3

If an Embedded Network is installed, the Embedded Network Operator would have certain rights over parts of the Embedded Network owned by the owners corporation. These rights, and the conditions and obligations governing them, are set out in the Embedded Network Documents and strata plan instrument. 60 Shell Cove – Ancora Precinct E, E2 Apartments

(h)

These rights include: (i)

(ii)

to install, own, operate, inspect, maintain, repair and from time to time replace certain network equipment including: (1)

meters on common property and in lots (including in the property); and

(2)

the Solar PV System on common property roof space including above the property; and

to access, use, operate, inspect and maintain certain parts of: (1)

the common property and Embedded Network equipment located on it; and

(2)

other infrastructure owned by the owners corporation,

as part of operating the Embedded Network and providing the Embedded Utility Services. (i)

The location and size of any areas the subject of those rights may change or be replaced or added to from time to time including as the building is developed in stages.

Who will operate the Embedded Network? (j)

If installed, the Embedded Network would be operated by the Embedded Network Operator from the Embedded Network Lot.

Are owners and occupiers able to choose alternative suppliers of utility services? (k)

If an Embedded Network is installed, during the term of the Services Deed the owner or occupier of each of the lots in the building (including the property): (i)

may choose alternative providers of electricity but must appoint the Embedded Network Operator for Embedded Utility Services under the Customer Agreement and pay a network access charge; and

(ii)

will not be able to choose or procure alternative providers of hot water.

What are the costs payable for Embedded Utility Services provided by the Embedded Network Operator? If an Embedded Network is installed: (l)

The costs payable by owners and occupiers are set out in the attached Embedded Network Documents.

(m)

Network charges (see clause 75(b)(iii)) for all electricity retailers are regulated by legislation and the Australian Energy Regulator.

(n)

Charges for other Embedded Utility Services are not regulated by law. They are set for an initial period and may be varied after the end of that period, according to the terms of the attached Embedded Network Documents.

What are the factors which will influence future change to charges by the Embedded Network Operator? BAL v3

61 Shell Cove – Ancora Precinct E, E2 Apartments

(o)

Changes to charges for Embedded Utility Services will be influenced by factors including: (i)

energy use;

(ii)

energy load profiles;

(iii)

energy efficiency;

(iv)

wholesale costs paid by the Embedded Network Operator for utilities;

(v)

networks tariffs;

(vi)

law and regulation;

(vii)

third party service provider costs;

(viii) the Embedded Network Operator’s operating costs; and (ix)

the Embedded Network Operator’s profit margin.

Who owns the Solar PV System? If an Embedded Network is installed: (p)

the Embedded Network Operator will own the Solar PV System. It has rights to keep the Solar PV System on the building together with rights to access it for maintenance, repair and replacement.

(q)

he Embedded Network Operator will own the solar input tariffs generated by the Solar PV System. Neither the owners corporation nor the owners and occupiers derive any direct benefit from the Solar PV System.

What are the benefits derived by the Embedded Network Operator from the Embedded Network? If an Embedded Network is installed: (r)

the Embedded Network Operator will derive a financial benefit (and may incur a financial loss) from the ongoing ownership of its Embedded Network and operation of the Embedded Network, or from the sale of the Embedded Utility Services to a third party. A financial benefit is expected to arise as a function of the revenues which result from the sale of energy to the occupants of the lots, other owners and occupiers in the building and the owners corporation exceeding Embedded Network Costs.

When is the Services Deed entered into by the owners corporation? If an Embedded Network is installed: (s)

the Services Deed will be submitted to the owners corporation for approval and signing after expiry of the initial period at the first annual general meeting of the owners corporation.

Acknowledgement and Consent (t)

By signing this contract, the purchaser: (i)

BAL v3

states they have read this clause and the attached documents referred to in it and they understand the provisions of this clause; 62 Shell Cove – Ancora Precinct E, E2 Apartments

BAL v3

(ii)

they acknowledge the disclosures made in the clause;

(iii)

they have obtained independent advice concerning the disclosures made and their implications for the purchaser (or they have determined not to obtain that advice); and

(iv)

they give their informed consent to the arrangements disclosed in this clause.

63 Shell Cove – Ancora Precinct E, E2 Apartments

Attachments 1.

Disclosure statement attaching strata plan

Layout plan

Schedule of finishes

Strata plan instrument

By-law instrument

Certificate of Title in respect of Folio Identifier 5071/1238340

Deposited Plan 1238340

Easements and encumbrances

Section 10.7(2) & (5) Certificates

10.

Sewer Engineering Diagrams

11.

Law Society of New South Wales Requisitions

12.

Privacy statement

13.

Property Re-Sale Deed

14.

Clearance Certificate

15.

Embedded Network Documents

16.

Adaptable and liveable apartments

BAL v3

64 Shell Cove – Ancora Precinct E, E2 Apartments

Attachment 1 Disclosure Statement and strata plan

Disclosure Statement – Off the Plan Contracts

This is the approved form for the purposes of s66ZM of the Conveyancing Act 1919.

VENDOR Shellharbour City Council ABN 78 392 627 134 PROPERTY Refer to front page of contract TITLE STRUCTURE Will the lot be a lot in a strata scheme?

Yes

Will the lot also be subject to a Strata Management Statement or Building Management Statement?

Yes

Will the lot form part of a community, precinct or neighbourhood scheme?

DETAILS

Completion

Is there a sunset date?

If Yes, please specify scheme type: N/A

The later of: (a) if at the contract date, the strata plan has not been registered, 21 days after service of notice of registration of the strata plan and a copy of that registered strata plan Refer to Clauses 15, 16, 33 and 36. and any other document clause(s): registered with that plan; (b) 14 days after service of a copy of the occupation certificate; and (c) 28 days after the contract date. Can this date Refer to Sunset date: 31 May 2024 (as No Yes No Yes be extended? clause(s): may be extended under clause 35.4). Schedule 1, clauses 33, 35 and 71.

Does the purchaser pay anything more if they do not complete on time?

BAL v2

Clauses 33 and 36 - Daily interest at the rate of 10% per annum. - $300 (exclusive of GST) if a notice to complete issued.

Yes

Provide details, including relevant Clause 36 and 74 clause(s) of contract: - $250 (exclusive of GST) if a settlement appointment or settlement figures are changed.

Has development approval been obtained? Has a principal certifying authority been appointed? Can the vendor cancel the contract if an event preventing or enabling the development does or does not occur?

Yes

Development Approval No:

DA0058/2020

Yes

Provide details:

McKenzie Partners

Yes

Clause 35.3 – Subject to the contractor complying with section 66ZS of the Conveyancing Act 1919 Provide details, (NSW), the vendor can rescind the contract if: including relevant - the vendor has not served a copy of the clause(s) of contract: occupation certificate; - the stratum strata plan, the accompanying strata plan instrument (if required) and bylaws are not registered, by the sunset date (31 May 2024 (as may be extended under clause 35.4)). Clause 71 – The contractor can rescind if the contractor does not obtain finance approval or achieve presales by the conditions sunset date (31 March 2023) (as may be extended under clause 71.7)).

ATTACHMENTS (s66ZM(2) of the Conveyancing Act 1919) The following prescribed documents are included in this disclosure statement (select all that apply). draft community/precinct/neighbourhood/management draft plan statement s88B instrument proposed to be lodged with draft draft community/precinct/neighbourhood/ development plan contract proposed schedule of finishes draft strata management statement draft strata by-laws draft building management statement draft strata development contract

BAL v2

SP FORM 3.01

STRATA PLAN ADMINISTRATION SHEET

Sheet 1 of 6

Office Use Only

sheet(s)

Office Use Only

Registered:

PLAN OF SUBDIVISION OF LOT 5071

LGA:

SHELLHARBOUR

IN DP 1238340

Locality:

SHELL COVE

Parish:

TERRAGONG

County:

CAMDEN

This is a *FREEHOLD/*LEASEHOLD Strata Scheme Address for Service of Documents

Provide an Australian postal address including a postcode

The by-laws adopted for the scheme are: * Model by-laws for residential strata schemes together with: Keeping of animals: Option *A/*B Smoke penetration: Option *A/*B (see Schedule 3 Strata Schemes Management Regulation 2016) * The strata by-laws lodged with the plan.

Surveyor’s Certificate

I, MARK ANDREW of BEVERIDGE WILLIAMS & Co. PO Box 176, CARINGBAH, 1495, being a land surveyor registered under the Surveying and

Strata Certificate (Registered Certifier) I ................................................................... being a Registered Certifier, registration number ....................... , certify that in regards to the strata plan with this certificate, I have made the required inspections and I am satisfied the plan complies with

Spatial Information Act 2002, certify that the information

clause 17 Strata Schemes Development Regulation 2016 and

shown in the accompanying plan is accurate and each

the relevant parts of Section 58 Strata Schemes Development

applicable requirement of Schedule 1 of the Strata

Act 2015.

Schemes Development Act 2015 has been met.

*(a) This plan is part of a development scheme.

*The building encroaches on:

*(b) The building encroaches on a public place and in

*(a) a public place

accordance with section 62(3) Strata Schemes

*(b) land other than a public place and an appropriate

Development Act 2015 the local council has granted a

easement to permit the encroachment has been

relevant planning approval that is in force for the building

created by ^ ............................................................

with the encroachment or for the subdivision specifying the existence of the encroachment.

Signature: ....................................................................... Date: ...............................................................................

*(c) This certificate is given on the condition contained in the relevant planning approval that lot(s) ^…………………… will

Surveyor ID:

be created as utility lots and restricted in accordance with

Surveyor’s Reference: 1601522_E56 DSP

section 63 Strata Schemes Development Act 2015.

^ Insert the deposited plan number or dealing number of the instrument that created the easement

Certificate Reference: ......................................................... Relevant Planning Approval No.: ......................................... issued by: ................................................................... Signature: ........................................................................... Date: .................................................................................. ^ Insert lot numbers of proposed utility lots.

* Strike through if inapplicable

SP FORM 3.07 (2019)

STRATA PLAN ADMINISTRATION SHEET Sheet 2

of 6

Office Use Only

sheet(s)

Office Use Only

Registered:

VALUER’S CERTIFICATE I, *…………………………………....……..……..... of ………………………….....………….......……… being a qualified valuer, as defined in the Strata Schemes Development Act 2015 by virtue of having membership with: Professional Body:........................................................................................................... ................ Class of membership:...................................................................................................................... Membership number:....................................................................................................................... certify that the unit entitlements shown in the schedule herewith were apportioned on ............................................... (being the valuation day) in accordance with Schedule 2 Strata Schemes Development Act 2015 Signature: ................................................... Date ................................................ * Full name, valuer company name or company address SCHEDULE OF UNIT ENTITLEMENT Lot Number

Unit Entitlement

Lot Number

Unit Entitlement

Lot Number

Unit Entitlement

111

230

162

201

244

215

233

201

175

129

146

230

165

146

129

125

157

133

180

108

172

104

201

129

133

215

187

172

205

114

132

146

136

187

201

172

104

111

132

140

115

132

187

215

148

146

230

144

219

158

161

143

215

187

118

146

126

146

AGGREGATE

Surveyor’s Reference: 1601522_E56 DSP

10000

STRATA PLAN ADMINISTRATION SHEET

SP FORM 3.08 (Annexure)

Sheet 3 of 6 sheet(s)

Office Use Only

Registered:

This sheet is for the provision of the following information as required: • Any information which cannot fit in the appropriate panel of any previous administration sheets • A schedule of street addresses • Statements of intention to create and or release affecting interests in accordance with section 88B Conveyancing Act 1919 • Signatures and seals- see section 22 Strata Schemes Development Act 2015 Lot Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

Sub Address Number G01 G02 G03 G04 G05 G06 G07 101 102 103 104 105 106 107 201 202 203 204 205 206 207 301 302 303 304 305 306 307 G01 G02 G03 G04 G05 101 102 103 104 105 106 107 201 202 203 204 205 206 207 G01 G02

Address Number 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 17 17

Surveyor’s Reference: 1601522_E56 DSP

Road Name LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING LAPWING CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT

Road Type AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE AVENUE WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY

Locality Name SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE

STRATA PLAN ADMINISTRATION SHEET

SP FORM 3.08 (Annexure)

Office Use Only

Sheet 4 of 6 sheet(s) Office Use Only

Registered:

Sub Address Number G03 G04 G05 101 102 103 104 105 201 202 203 204 205 206 207

Address Number 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 11-17

Surveyor’s Reference: 1601522_E56 DSP

Road Name CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT CORMORANT

Road Type WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY

Locality Name SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE SHELL COVE

SP FORM 3.08 (Annexure)

STRATA PLAN ADMINISTRATION SHEET Office Use Only

Sheet 5 of 6 sheet(s) Office Use Only

Registered:

This sheet is for the provision of the following information as required: • Any information which cannot fit in the appropriate panel of any previous administration sheets • A schedule of street addresses • Statements of intention to create and or release affecting interests in accordance with section 88B Conveyancing Act 1919 • Signatures and seals- see section 22 Strata Schemes Development Act 2015 PURSUANT TO SECTION 88B OF THE CONVEYANCING ACT 1919, AS AMENDED, IT IS INTENDED TO: 1. 2. 3. 4.

EASEMENT FOR EMBEDDED UTILITY ELECTRICITY INFRASTRUCTURE (WHOLE OF COMMON PROPERTY) (A) EASEMENT FOR EMBEDDED HOT WATER SERVICE (WHOLE OF COMMON PROPERTY) (B) EASEMENT FOR EMBEDDED SOLAR GENERATION INFRASTRUCTURE (LIMITED IN STRATUM) (C) EASEMENT FOR PUBLIC ACCESS (F)

Surveyor’s Reference: 1601522_E56 DSP

SP FORM 3.08 (Annexure)

STRATA PLAN ADMINISTRATION SHEET Office Use Only

Sheet 6 of 6 sheet(s) Office Use Only

Registered:

THE COMMON SEAL of THE COUNCIL OF THE CITY OF SHELLHARBOUR

................................................................................... MAYOR

WAS AFFIXED ON PURSUANT TO A RESOLUTION MADE ON

................................................................................ CHIEF EXECUTIVE OFFICER

Surveyor’s Reference: 1601522_E56 DSP

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

CAUTION

Sheet 1

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

BUILDING C

RESIDENTIAL DEVELOPMENT 4 LEVELS + BASEMENT CARPARK 3 BUILDINGS BUILDING B BUILDING A

LOCATION PLAN PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:500

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

CAUTION

Sheet 2

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

BASEMENT LOCATION PLAN PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:500

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 3

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E CAUTION

PT PT 7 9 PT P T P 10 T P 11 T 13 16 PT 17

PT PT T P PT 20 T P 8 1 T PT P 5 1 8 12 14 6

PT P T 1 5

T PT P T P 3 4 PT 2 22 21 19 2 T P T P PT PT PT PT PT 26 25 25 28 27 27

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING A BASEMENT

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 4

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT7

PT6

PT1

PT2

PT3

PT5 PT4

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING A GROUND

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 5

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT13

PT14

PT8

PT9

PT10

PT12 PT11

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING A LEVEL 1

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 6

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT20

PT21

PT15

PT16

PT17

PT19 PT18

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING A LEVEL 2

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 7

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT27

PT28

PT22

PT23

PT24

PT26 PT25

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

CAUTION

BUILDING A LEVEL 3

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 8

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING A ROOF

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 9

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT36 PT30

PT43

PT 31 PT PT 32 35

PT PT PT 41 42 45

PT 43

CAUTION

LOT 65

PT PT 43 36

PT PT 31 30

PT 30

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING B BASEMENT

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 10

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT 29 PT P T P 33 T 34 37

PT PT PT 38 39 40

PT PT PT 47 46 44

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING B BASEMENT

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 11

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT29

PT33

PT32

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

CAUTION

PT31

PT30

BUILDING B GROUND

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 12

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT39

PT40

PT34

PT38

PT37

CAUTION

PT36

PT35

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING B LEVEL 1

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 13

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT46

PT47

PT41

PT45

PT44

CAUTION

PT43

PT42

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING B LEVEL 2

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 14

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING B ROOF

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 15

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT57 PT62 PT53 PT49

PT 52 PT 53 PT 57 PT T P T PT P48 62 49 61

PT 50

T PT P60 55

PT PT PT PT 51 54 56 59

PT T P PT 63 64 58

PT60 CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING C BASEMENT

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 16

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT48

PT52

PT51

PT50

PT49

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

CAUTION

BUILDING C GROUND

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 17

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT53

PT57

PT56

PT55

PT54

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

CAUTION

BUILDING C LEVEL 1

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 18

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

PT62

PT63

PT61

PT64

PT60

PT58

PT59

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

CAUTION

BUILDING C LEVEL 2

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

PLAN FORM 1 (A3)

WARNING: CREASING OR FOLDING WILL LEAD TO REJECTION

Sheet 19

of 19

sheets

SHELL COVE

DRAFT STRATA PLAN

PRECINCT E

CAUTION

PRELIMINARY STRATA PLAN PREPARED BY BEVERIDGE WILLIAMS

BUILDING C ROOF

www.beveridgewilliams.com.au PO Box 176 Caringbah NSW 1495 Tel. 02 9524 4073 miranda@bevwill.com.au

SURVEYOR Name: MARK ANDREW

PLAN OF SUBDIVISION OF LOT 5071 ON DP1238340

L.G.A: SHELLHARBOUR Locality: SHELL COVE

Date:

Reduction Ratio: 1:200

Reference: 1601522_E56 DSP

Lengths are in metres

Registered

A001

RESIDENCE A

INTERNAL

76 m²

EXTERNAL

44 m²

TOTAL

120 m²

3.0m x 3.0m

3.5m x 3.1m

5.3m x 4.4m

6 8 2

2.8m x 3.3m P

1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A001

SCALE

1 : 100

@ A3

This plan and its contents (including dimensions and depictions of the layout of the building in this floor plan) are approximations only, not to scale and may vary to the building when built. If there are any discrepancies between this material and the strata plan (once it has been registered), the dimensions, areas and depictions in the registered strata plan will prevail. All room measurements are measured from internal walls to internal walls and may vary. The position of the furniture and furnishings should not be taken to be indicative of the final position of power points, TV connection points and the like. Purchasers must rely on their own enquiries and the contract for sale. Printed May 2021

A002

RESIDENCE A 10

2 P

INTERNAL

112 m²

EXTERNAL

98 m²

TOTAL

210 m²

3.3m x 3.5m

2.8m x 2.4m

3.2m x 3.2m

3.3m x 3.2m

2 6

8 6

2.8m x 3.8m

9 3.6m x 4.8m

10 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A002

SCALE

1 : 100

@ A3

A003

RESIDENCE A

INTERNAL

116 m²

EXTERNAL

67 m²

TOTAL

183 m²

2.8m x 4.0m

7 6

6.2m x 4.9m

3.2m x 3.2m

3.1m x 3.2m

3.6m x 3.5m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A003

SCALE

1 : 100

@ A3

A004 8

RESIDENCE A

1 2

114 m²

EXTERNAL

49 m²

TOTAL

INTERNAL

2.8m x 3.2m

3.0m x 3.5m

163 m²

3.5m x 3.5m

6.3m x 4.9m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A004

SCALE

1 : 100

@ A3

A005

RESIDENCE A S

2.8m x 3.3m

INTERNAL

88 m²

EXTERNAL

44 m²

TOTAL

132 m²

5.7m x 4.1m

3.3m x 3.4m

3.2m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A005

SCALE

1 : 100

@ A3

A006

RESIDENCE A S

2.8m x 3.3m

S S

8 INTERNAL

88 m²

EXTERNAL

44 m²

TOTAL

132 m²

5.6m x 4.2m

3.4m x 3.4m

3.1m x 3.2m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A006

SCALE

1 : 100

@ A3

A007

RESIDENCE A

INTERNAL

115 m²

EXTERNAL

74 m²

TOTAL

189 m²

4.1m x 3.4m

3.6m x 3.1m

3.6m x 3.0m

5.4m x 4.4m

6 6

6 7

2.8m x 3.7m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A007

SCALE

1 : 100

@ A3

A101

RESIDENCE A

INTERNAL

75 m²

EXTERNAL

13 m²

TOTAL

88 m²

3.0m x 3.0m

3.5m x 3.1m

5.3m x 4.4m

6 8 2

2.8m x 3.3m P

1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A101

SCALE

1 : 100

@ A3

A102

RESIDENCE A

10 3

2 P

INTERNAL

112 m²

EXTERNAL

25 m²

TOTAL

137 m²

3.1m x 3.5m

3.8m x 2.5m

3.0m x 3.2m

3.2m x 3.2m

2 6

3.8m x 2.8m

3 S

8 6

9 3.6m x 4.9m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A102

SCALE

1 : 100

@ A3

A103

RESIDENCE A

2.8m x 4.2m

INTERNAL

115 m²

EXTERNAL

24 m²

TOTAL

139 m²

7 6

6.2m x 4.9m

3.2m x 3.2m

3.2m x 3.1m

3.3m x 3.6m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A103

SCALE

1 : 100

@ A3

A104 8

RESIDENCE A

INTERNAL

114 m²

EXTERNAL

24 m²

TOTAL

2.8m x 3.2m

3.1m x 3.2m

138 m²

3.5m x 3.5m

6.2m x 5.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A104

SCALE

1 : 100

@ A3

A105

RESIDENCE A S

2.8m x 3.3m

INTERNAL

87 m²

EXTERNAL

16 m²

TOTAL

5.7m x 4.1m

103 m²

3.3m x 3.4m

3.2m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A105

SCALE

1 : 100

@ A3

A106 3 5

2.8m x 2.7m

3.4m x 3.2m

RESIDENCE A

6 8

3.0m x 3.2m

INTERNAL

125 m²

EXTERNAL

26 m²

TOTAL

151 m²

1 S

6 2

2.8m x 4.7m

3 4.5m x 5.3m

4 3.5m x 3.4m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A106

SCALE

1 : 100

@ A3

A107

RESIDENCE A

10 2

INTERNAL

80 m²

EXTERNAL

14 m²

TOTAL

94 m²

3.2m x 3.1m

3.6m x 3.0m

3 5.4m x 4.4m

6 7

2.8m x 3.3m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A107

SCALE

1 : 100

@ A3

A201

RESIDENCE A

INTERNAL

75 m²

EXTERNAL

13 m²

TOTAL

88 m²

3.0m x 3.0m

3.5m x 3.1m

5.3m x 4.4m

6 8 2

2.8m x 3.3m P

1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A201

SCALE

1 : 100

@ A3

A202

RESIDENCE A

10 3

2 P

INTERNAL

112 m²

EXTERNAL

25 m²

TOTAL

137 m²

3.1m x 3.5m

3.8m x 2.5m

3.0m x 3.2m

3.2m x 3.2m

2 6

3.8m x 2.8m

3 S

8 6

9 3.6m x 4.9m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A202

SCALE

1 : 100

@ A3

A203

RESIDENCE A

2.8m x 4.2m

INTERNAL

115 m²

EXTERNAL

24 m²

TOTAL

139 m²

7 6

6.2m x 4.9m

3.2m x 3.2m

3.2m x 3.1m

3.3m x 3.6m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A203

SCALE

1 : 100

@ A3

A204 8

RESIDENCE A

INTERNAL

114 m²

EXTERNAL

24 m²

TOTAL

2.8m x 3.2m

3.1m x 3.2m

138 m²

3.5m x 3.5m

6.2m x 5.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A204

SCALE

1 : 100

@ A3

A205

RESIDENCE A S

2.8m x 3.3m

INTERNAL

87 m²

EXTERNAL

16 m²

TOTAL

5.7m x 4.1m

103 m²

3.3m x 3.4m

3.2m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A205

SCALE

1 : 100

@ A3

A206 3 5

2.8m x 2.7m

3.4m x 3.2m

RESIDENCE A

6 8

3.0m x 3.2m

INTERNAL

125 m²

EXTERNAL

26 m²

TOTAL

151 m²

1 S

6 2

2.8m x 4.7m

3 4.5m x 5.3m

4 3.5m x 3.4m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A206

SCALE

1 : 100

@ A3

A207

RESIDENCE A

10 2

INTERNAL

80 m²

EXTERNAL

13 m²

TOTAL

93 m²

3.2m x 3.1m

3.6m x 3.0m

3 5.4m x 4.4m

6 7

2.8m x 3.3m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A207

SCALE

1 : 100

@ A3

A301

RESIDENCE A

INTERNAL

75 m²

EXTERNAL

13 m²

TOTAL

88 m²

3.0m x 3.0m

3.5m x 3.1m

5.3m x 4.4m

6 8 2

2.8m x 3.3m P

1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A301

SCALE

1 : 100

@ A3

A302

RESIDENCE A

10 3

2 P

INTERNAL

112 m²

EXTERNAL

25 m²

TOTAL

137 m²

3.1m x 3.5m

3.8m x 2.5m

3.0m x 3.2m

3.2m x 3.2m

2 6

3.8m x 2.8m

3 S

8 6

9 3.6m x 4.9m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A302

SCALE

1 : 100

@ A3

A303

RESIDENCE A

2.8m x 4.2m

INTERNAL

115 m²

EXTERNAL

23 m²

TOTAL

138 m²

7 6

6.2m x 4.9m

3.2m x 3.2m

3.2m x 3.1m

3.3m x 3.6m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A303

SCALE

1 : 100

@ A3

A304 8

RESIDENCE A

EXTERNAL

24 m²

TOTAL

HT SKYLIG

114 m²

INTERNAL

2.8m x 3.2m

HT SKYLIG

3.1m x 3.2m

138 m²

3.5m x 3.5m

6.2m x 5.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A304

SCALE

1 : 100

@ A3

A305

RESIDENCE A S

2.8m x 3.3m

INTERNAL

87 m²

EXTERNAL

15 m²

TOTAL

S SKYLIGHT

SKYLIGHT

5.7m x 4.1m

102 m²

3.3m x 3.4m

3.2m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A305

SCALE

1 : 100

@ A3

A306 3 5

2.8m x 2.7m

3.4m x 3.2m

RESIDENCE A

6 8

3.0m x 3.2m

INTERNAL

125 m²

EXTERNAL

25 m²

TOTAL

150 m²

1 S

6 2

2.8m x 4.7m

3 4.5m x 5.3m

4 3.5m x 3.4m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

A306

SCALE

1 : 100

@ A3

A307

RESIDENCE A

10 2

INTERNAL

80 m²

EXTERNAL

13 m²

TOTAL

93 m²

3.2m x 3.1m

3.6m x 3.0m

SKYLIGHT

5.4m x 4.4m

6 7

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

SKYLIGHT

2.8m x 3.3m

GPO

DATA

APT

BUILDING

DRAWING REVISION

A307

SCALE

1 : 100

@ A3

B001

RESIDENCE B

10 2

INTERNAL

91 m²

EXTERNAL

83 m²

TOTAL

174 m²

3.1m x 3.5m

2 2.8m x 3.3m

3.3m x 3.0m

5.9m x 3.9m

7 8

9 1

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B001

SCALE

1 : 100

@ A3

B002

RESIDENCE B

S P

2 2.8m x 4.7m

INTERNAL

111 m²

EXTERNAL

37 m²

TOTAL

148 m²

6 6

3.5m x 3.0m

4 3.8m x 3.1m

5.9m x 4.7m

3.5m x 3.0m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B002

SCALE

1 : 100

@ A3

B003

RESIDENCE B S P

2 2

2.8m x 2.7m

INTERNAL

83 m²

EXTERNAL

29 m²

TOTAL

112 m²

1 9

6 6 3

5.5m x 4.2m

3.2m x 3.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B003

SCALE

1 : 100

@ A3

B004

RESIDENCE B

9 7

S S

2.8m x 4.0m

INTERNAL

121 m²

EXTERNAL

46 m²

TOTAL

167 m²

6 3 5.5m x 6.0m

3.7m x 3.0m

3.4m x 3.2m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B004

SCALE

1 : 100

@ A3

B005

RESIDENCE B

INTERNAL

79 m²

EXTERNAL

57 m²

TOTAL

136 m²

3.4m x 3.2m

3.3m x 3.0m

3 6

5.3m x 4.4m

6 7

2.8m x 3.1m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B005

SCALE

1 : 100

@ A3

B101

RESIDENCE B

INTERNAL

90 m²

EXTERNAL

25 m²

TOTAL

3.4m x 3.1m

115 m²

3.1m x 3.0m

2.8m x 3.2m

3 8

3.9m x 5.9m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B101

SCALE

1 : 100

@ A3

B102

RESIDENCE B P

2.8m x 4.2m

7 INTERNAL

108 m²

EXTERNAL

28 m²

TOTAL

136 m²

1 S

6 6

5.6m x 4.6m

3.5m x 3.0m

3.3m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B102

SCALE

1 : 100

@ A3

B103

RESIDENCE B S

2 2

2.8m x 2.7m

INTERNAL

82 m²

EXTERNAL

17 m²

TOTAL

99 m²

1 9

6 6 3

5.5m x 4.2m

3.2m x 3.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B103

SCALE

1 : 100

@ A3

B104

RESIDENCE B

S P

1 9

INTERNAL

84 m²

EXTERNAL

15 m²

TOTAL

99 m²

2 2.8m x 2.7m

6 S

5.4m x 4.2m

3.1m x 3.1m

3.5m x 3.0m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B104

SCALE

1 : 100

@ A3

B105

3.2m x 3.2m

3.4m x 3.0m

RESIDENCE B 6

6 S

INTERNAL

96 m²

EXTERNAL

18 m²

TOTAL

114 m²

9 1 s P

2.8m x 3.3m

3 4.6m x 4.5m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B105

SCALE

1 : 100

@ A3

B106

RESIDENCE B

10 1

INTERNAL

61 m²

EXTERNAL

13 m²

TOTAL

74 m²

5 S

4.3m x 4.1m

3.3m x 3.2m

2 3.3m x 4.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B106

SCALE

1 : 100

@ A3

B107

RESIDENCE B

10 1

INTERNAL

60 m²

EXTERNAL

18 m²

TOTAL

78 m²

5.3m x 4.0m

6 4

3.0m x 3.2m

8 2 2.8m x 3.1m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

9 S

GPO

DATA

APT

BUILDING

DRAWING REVISION

B107

SCALE

1 : 100

@ A3

B201

RESIDENCE B

INTERNAL

90 m²

EXTERNAL

25 m²

3.4m x 3.1m

TOTAL

3.1m x 3.0m

115 m²

2.8m x 3.2m

3 8

3.9m x 5.9m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B201

SCALE

1 : 100

@ A3

B202

RESIDENCE B P

2.8m x 4.2m

7 INTERNAL

108 m²

EXTERNAL

28 m²

TOTAL

136 m²

1 S

6 6

5.6m x 4.6m

3.5m x 3.0m

3.3m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B202

SCALE

1 : 100

@ A3

B203

RESIDENCE B S

2 2

INTERNAL

82 m²

EXTERNAL

17 m²

TOTAL

99 m²

SKYLIGHT

2.8m x 2.7m

SKYLIGHT

6 3

5.5m x 4.2m

3.2m x 3.0m

3.6m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B203

SCALE

1 : 100

@ A3

B204

RESIDENCE B

S P

1 9

INTERNAL

84 m²

EXTERNAL

15 m²

2 2.8m x 2.7m

6 SKYLIGHT

TOTAL

99 m²

6 SKYLIGHT

5.4m x 4.2m

3.1m x 3.1m

3.5m x 3.0m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B204

SCALE

1 : 100

@ A3

B205

3.2m x 3.2m

3.4m x 3.0m

RESIDENCE B 6

96 m²

EXTERNAL

18 m²

TOTAL

114 m²

INTERNAL

9 1 s

2.8m x 3.3m SKYLIGHT

SKYLIGHT

3 4.6m x 4.5m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B205

SCALE

1 : 100

@ A3

B206

RESIDENCE B

10 1

INTERNAL

61 m²

EXTERNAL

13 m²

TOTAL

74 m²

5 S

SKYLIGHT

4.3m x 4.1m

3.3m x 3.2m

SKYLIGHT

2 3.3m x 4.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

B206

SCALE

1 : 100

@ A3

B207

RESIDENCE B

10 1

INTERNAL

60 m²

EXTERNAL

18 m²

TOTAL

78 m²

5.3m x 4.0m

SKYLIGHT

6 4

3.0m x 3.2m SKYLIGHT

8 2 2.8m x 3.1m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

9 S

GPO

DATA

APT

BUILDING

DRAWING REVISION

B207

SCALE

1 : 100

@ A3

C001

RESIDENCE C

INTERNAL

90 m²

EXTERNAL

73 m²

TOTAL

163 m²

3.1m x 3.4m

3.2m x 3.0m

4.2m x 5.7m

7 8

9 S

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

2.8m x 4.4m P

GPO

DATA

APT

BUILDING

DRAWING REVISION

C001

SCALE

1 : 100

@ A3

C002

RESIDENCE C S

7 3

INTERNAL

108 m²

EXTERNAL

42 m²

TOTAL

150 m²

1 2

2.8m x 4.5m

6 S

5.4m x 4.6m

3.5m x 3.0m

4.3m x 3.1m

3.5m x 3.0m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C002

SCALE

1 : 100

@ A3

C003

RESIDENCE C 1

2 2

INTERNAL

84 m²

EXTERNAL

29 m²

TOTAL

113 m²

2.8m x 2.7m

6 6 3

5.5m x 4.2m

3.2m x 3.0m

3.8m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C003

SCALE

1 : 100

@ A3

C004

RESIDENCE C S

9 7 3

2.8m x 4.0m

INTERNAL

120 m²

EXTERNAL

51 m²

TOTAL

171 m²

6 3

5.5m x 6.0m

3.6m x 3.0m

3.7m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C004

SCALE

1 : 100

@ A3

C005

RESIDENCE C

10 2

INTERNAL

77 m²

EXTERNAL

50 m²

TOTAL

127 m²

3 5.3m x 4.4m

3.1m 4 x 3.1m

3.3m x 3.0m

6 8

6 7

2.8m x 3.2m

9 P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C005

SCALE

1 : 100

@ A3

C101

RESIDENCE C

INTERNAL

90 m²

EXTERNAL

25 m²

TOTAL

115 m²

3.1m x 3.4m

3.2m x 3.0m

4.2m x 5.7m

7 8

9 S

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

2.8m x 4.4m P

GPO

DATA

APT

BUILDING

DRAWING REVISION

C101

SCALE

1 : 100

@ A3

C102

RESIDENCE C P

2 2.8m x 4.1m

INTERNAL

107 m²

EXTERNAL

20 m²

TOTAL

127 m²

1 S

3 6

5.4m x 4.6m

3.5m x 3.0m

3.5m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C102

SCALE

1 : 100

@ A3

C103

RESIDENCE C 1

2 2

INTERNAL

83 m²

EXTERNAL

17 m²

TOTAL

2.8m x 2.7m

6 6

100 m²

5.5m x 4.2m

3.2m x 3.0m

3.8m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C103

SCALE

1 : 100

@ A3

C104

RESIDENCE C S

9 7 3

2.8m x 4.0m

INTERNAL

119 m²

EXTERNAL

31 m²

TOTAL

6 3

150 m²

5.5m x 6.0m

3.6m x 3.0m

3.7m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C104

SCALE

1 : 100

@ A3

C105

RESIDENCE C

10 2

INTERNAL

77 m²

EXTERNAL

16 m²

TOTAL

93 m²

3 5.3m x 4.4m

3.1m 4 x 3.1m

3.3m x 3.0m

6 8

6 7

2.8m x 3.2m

9 P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C105

SCALE

1 : 100

@ A3

C201

RESIDENCE C

INTERNAL

90 m²

EXTERNAL

25 m²

TOTAL

115 m²

3.1m x 3.4m

3.2m x 3.0m

4.2m x 5.7m

7 8

9 S

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

2.8m x 4.4m P

GPO

DATA

APT

BUILDING

DRAWING REVISION

C201

SCALE

1 : 100

@ A3

C202

RESIDENCE C P

2 2.8m x 4.1m

INTERNAL

107 m²

EXTERNAL

20 m²

TOTAL

127 m²

1 S

3 6

5.4m x 4.6m

3.5m x 3.0m

3.5m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C202

SCALE

1 : 100

@ A3

C203

RESIDENCE C 1

2 2

INTERNAL

TOTAL

83 m² SKYLIGHT

EXTERNAL

2.8m x 2.7m

SKYLIGHT

17 m²

100 m²

5.5m x 4.2m

3.2m x 3.0m

3.8m x 3.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C203

SCALE

1 : 100

@ A3

C204

RESIDENCE C S

7 2

INTERNAL

85 m²

EXTERNAL

15 m²

TOTAL

2.8m x 2.8m

SKYLIGHT

100 m²

SKYLIGHT

5.4m x 4.2m

3.4m x 3.1m

3.5m x 3.0m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C204

SCALE

1 : 100

@ A3

C205 4

3.2m x 3.2m

3.4m x 3.0m

RESIDENCE C

6 2

6 S

INTERNAL

98 m²

EXTERNAL

30 m²

TOTAL

128 m²

7 9

1 S

2.8m x 3.3m SKYLIGHT

SKYLIGHT

4.9m x 4.5m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER BEDROOM WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

10 N

GPO

DATA

APT

BUILDING

DRAWING REVISION

C205

SCALE

1 : 100

@ A3

C206

RESIDENCE C

10 1

INTERNAL

60 m²

EXTERNAL

13 m²

TOTAL

73 m²

5 S

SKYLIGHT

3.3m x 3.2m

4.2m x 4.1m

SKYLIGHT

2 3.3m x 4.1m

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

GPO

DATA

APT

BUILDING

DRAWING REVISION

C206

SCALE

1 : 100

@ A3

C207

RESIDENCE C

10 1

INTERNAL

60 m²

5.3m x 4.0m

EXTERNAL

17 m²

TOTAL

77 m²

SKYLIGHT

3.0m x 3.2m SKYLIGHT

8 2

2.8m x 3.1m P

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

ENTRY KITCHEN LIVING/DINING MASTER STUDY WARDROBE ENSUITE BATHROOM LAUNDRY BALCONY

YOUR SOUTH COAST LUXURY HIDEAWAY

9 S

GPO

DATA

APT

BUILDING

DRAWING REVISION

C207

SCALE

1 : 100

@ A3

Deluxe Finishes & Inclusions Ancora Apartments Apartment Finish

Description

General Living and dining room floors Bedroom floors Entry Walls generally Ceiling and bulkheads Skirtings Doors Wardrobes

Tile Carpet Tile Painted plasterboard Painted plasterboard Painted MDF Paint finish Polyurethane finish

Door hardware Storage

Satin chrome finish Steel cage

Window Coverings

Manual roller blinds to external windows and sliding doors

Kitchen Kitchen floors Joinery doors and drawers Feature Joinery

Tile Polyurethane Laminate

Joinery carcass Benchtop and island bench Splashback Sink Sink mixer Kick plate Lighting Bathrooms / Ensuite

Laminate Reconstituted stone Reconstituted stone Stainless steel Brushed nickel Laminate LED downlights

Floors Highlight Walls Walls Bathroom cabinets Vanity top Basin Shower screen Toilet suite Tapware

Tile Porcelain tile Porcelain tile Polyurethane + laminate Reconstituted stone Ceramic Glass Ceramic Nickel

Towel rails and accessories

Polished chrome

Floor waste Mirror Laundry

Metal with tile insert Joinery

Floor Laundry mixer Laundry tub Benchtop Splashback Floor waste Walls Skirting

Tile Brushed nickel Stainless steel Reconstituted stone Reconstituted stone Metal with tile insert Tile and paint finish Tile

Appliances Cooktop Oven Rangehood Dishwasher Clothes dryer Microwave External

Electric induction Electric Ducted Integrated Vented Microwave with trim kit

Balcony floors Courtyard floors (where applicable) Window suites Louvres (where applicable) Balustrade Services

Tile Tile Powdercoated aluminium Powdercoated aluminium Metal and glass

Lighting – Internal Lighting – External Airconditioning Water outlet Television Telecommunications

LED LED Ducted 1 per balcony and courtyard TV points to living and bedrooms Intercom

Please note that while reasonable care is taken to ensure that the contents in this finishes and inclusions list are correct, this information is to be used as a guide only. Changes may be made during the development process and dimensions, specifications and fittings may vary, including for reasons outside of the sellers’ control (subject to the Conveyancing Act 1919). Purchasers must rely on their own enquiries and the Contract for Sale. May 2021.

Premium Finishes & Inclusions Ancora Apartments Apartment Finish

Description

General Living and dining room floors Bedroom floors Entry Walls generally Ceiling and bulkheads Skirtings Doors Wardrobes

Timber Carpet Timber Painted plasterboard Painted plasterboard Painted MDF Paint finish Polyurethane finish

Door hardware Storage

Satin chrome finish Steel cage

Window Coverings

Manual roller blinds to external windows and sliding doors

Kitchen Kitchen floors Joinery doors and drawers Feature Joinery

Timber Polyurethane Laminate

Joinery carcass Benchtop and island bench Splashback Sink Sink mixer Kick plate Lighting Bathrooms / Ensuite

Laminate Natural stone Natural stone Stainless steel Brushed nickel Laminate Feature pendant light

Floors Highlight Walls Walls Bathroom cabinets Vanity top Basin Shower screen Toilet suite Tapware

Tile Natural stone Porcelain tile Polyurethane + laminate Natural stone Ceramic Glass Ceramic Nickel

Towel rails and accessories

Polished chrome

Floor waste Mirror Laundry

Metal with tile insert Joinery

Floor Laundry mixer Laundry tub Benchtop Splashback Floor waste Walls Skirting

Tile Brushed nickel Stainless steel Natural stone Natural stone Metal with tile insert Tile and paint finish Tile

Appliances Cooktop Oven Rangehood Dishwasher Clothes dryer Fridge Microwave External

Electric induction Electric Ducted Integrated Vented Integrated fridge Microwave with trim kit

Balcony floors Courtyard floors (where applicable) Window suites Louvres (where applicable) Balustrade Services

Tile Tile Powdercoated aluminium Powdercoated aluminium Metal and glass

Lighting – Internal Lighting – External Water outlet Air-conditioning Television Telecommunications

LED LED 1 per balcony and courtyard Ducted TV point to living and bedrooms Intercom

Please note that while reasonable care is taken to ensure that the contents in this finishes and inclusions list are correct, this information is to be used as a guide only. Changes may be made during the development process and dimensions, specifications and fittings may vary, including for reasons outside of the sellers’ control (subject to the Conveyancing Act 1919). As natural stone is an organic product, there will be natural variances in both colour and patterning Purchasers must rely on their own enquiries and the Contract for Sale. May 2021.

Attachment 4 Strata plan instrument

Instrument setting out terms of Easements or Profits à Prendre intended to be created or released and of Restrictions on the Use of Land or Positive Covenants intended to be created pursuant to Section 88B Conveyancing Act 1919 (Sheet 1 of 14)

Plan:

Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

Full name and address of the owner of the land:

Shellharbour City Council 76 Cygnet Avenue Shellharbour City Centre NSW 2529

Part 1 (Creation) Number of item shown in the intention panel on the plan 1

Identity of easement or profit á prendre to be released and referred to in the plan

Easement for Embedded Utility Electricity Infrastructure (whole of common property)(A)

Burdened lot(s) or parcel(s):

Benefited lot(s), road(s), bodies or Prescribed Authorities:

CP/SP[INSERT]

65/SP[INSERT]

Easement for Embedded Hot Water Service (whole of common property)(B)

CP/SP[INSERT]

65/SP[INSERT]

Easement for Embedded Solar Generation Infrastructure (limited in stratum) (C)

CP/SP[INSERT]

65/SP[INSERT]

Easement for public access (F)

CP/SP[INSERT]

Shellharbour City Council

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

Part 2 (Terms)

INTERPRETATION

1.1

Definitions In this Instrument, unless the context otherwise requires: Authority means a government or governmental, semi-governmental, quasi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity and includes the Council. Authority Benefited means the Authority having the benefit of an Easement under this Instrument. Authorised User means any person authorised by the Grantee and includes: (a)

if the Grantee is an Owners Corporation, each registered proprietor of a lot in that Strata Scheme, and any occupier or lessee of that lot as authorised by the Owners Corporation;

(b)

if the Grantee is an owner of a Strata Lot, the tenants, employees, agents, contractors and licensees of the Grantee; and

(c)

where the Grantee is an Authority Benefited, the officers, servants, agents and workmen of the Authority Benefited and any other person authorised by the Authority Benefited to exercise its rights or comply with its obligations under this Instrument.

Common Property means the common property of the Strata Scheme as defined in the Development Act. Council means Shellharbour City Council and its successors. Development Act means the Strata Schemes Development Act 2015 (NSW) as amended or varied. Easement includes any easement, covenant, positive covenant or restriction on use created in this Instrument. Easement Site in relation to an Easement, means:

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

(a)

the site of an Easement identified in the Plan; and

(b)

all items within the site of the Easement identified in the Plan which are the subject of the Easement.

Embedded Utility Electricity Service means the supply of electricity through the Embedded Utility Electricity Infrastructure. Embedded Utility Electricity Infrastructure means the meter boards, electricity meters, gate electricity meters, electricity meters for individual Strata Lots, electricity meters for Common Property, associated meter data cabling and telemetry, power factor correction devices (if any), and other equipment associated with that infrastructure. Embedded Hot Water Service means the procurement of electricity for the purpose of supply of hot water through the Embedded Hot Water Service Plant and Infrastructure. Embedded Hot Water Service Plant and Infrastructure means the tanks, circulating pumps, boilers and control equipment, pipes, valving, meters, meter data cabling and associated equipment for the operation of the Embedded Hot Water Service. Embedded Solar Generation Infrastructure means the solar panels, panel racking, ballasts, fixings, inverters, electrical and data cabling, control equipment including telemetry, batteries and other equipment associated with that infrastructure. Grantee means, as the context requires: (a)

the Owners Corporation under the Development Act in respect of a Lot Benefited;

(b)

the registered proprietor of a Lot Benefited; or

(c)

an Authority Benefited.

Grantor means, as the context requires: (a)

the registered proprietor of a Lot Burdened; or

(b)

the Owners Corporation under the Development Act in respect of a Lot Burdened.

Instrument means this s88B instrument. Laws mean: (a)

the requirements of all statutes, rules, regulations, proclamations, ordinances and bylaws present or future; and

(b)

certificates, licences, consents, permits, approvals and requirements of any Authority or organisation having jurisdiction over any works to be carried out under an Easement.

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

Lot Benefited means the whole or any part of the lot having the benefit of an Easement. Lot Burdened means the whole or any part of the lot having the burden of an Easement. Owners Corporation means an owners corporation created on registration of a Strata Plan. Plan means the plan to which this Instrument relates. Security Keys means the keys, magnetic card or other device or information used to open and close the doors, gates or locks or to operate lifts, alarms, security systems or communication systems in the Lot Burdened. Strata Lot means a lot within a Strata Scheme. Strata Plan means a strata plan registered under the Development Act. Strata Scheme means a strata scheme created on registration of a Strata Plan. 1.2

References to certain terms Unless a contrary intention appears, a reference in this instrument to:

1.3

(a)

(reference to anything) a reference to anything is a reference to the whole or each part of it; and

(b)

(references to statute) a law, ordinance or code includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of them; and

(c)

(singular includes plural) the singular includes the plural and vice versa; and

(d)

(meaning not limited) the words "include", "including", "for example" or "such as" are not used as, nor are they to be interpreted as, words of limitation and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

Headings Headings do not affect the interpretation of this instrument.

1.4

Positive covenants and maintenance requirements A requirement in an easement which requires a Grantee or Grantor to maintain or repair an Easement Site or anything in an Easement Site is a positive covenant according to section 88BA of the Act.

______________________ Council Authorised Person Shell Cove – s88B instrument

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1.5

Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

Notice to occupier If a notice to the Grantor is required to be given under this instrument, that notice must also be given to the Occupier of the Lot Burdened. If the Grantor is an owners corporation under the Development Act, the notice must be given to the strata manager and the on-site manager for the owners corporation, if any. Notice required in the case of an emergency may be given verbally.

COMPLYING WITH THIS INSTRUMENT

2.1

Obligations of Grantees and Grantors Each Grantee and Grantor must, as appropriate, comply with the terms of the easements and restrictions on use in this instrument.

2.2

Obligations for Authorised Users For each easement, positive covenant and restriction on use in this instrument, each Grantee must use reasonable endeavours to ensure that its Authorised Users comply with the terms of this instrument when they exercise their rights or comply with their obligations under the instrument.

TERMS OF EASEMENT FOR EMBEDDED UTILITY ELECTRICITY INFASTRUCTURE (WHOLE OF COMMON PROPERTY) (A) NUMBERED 1 IN THE PLAN

3.1

The Grantor grants to the Grantee and its Authorised Users full, free and unimpeded right at all times and for all lawful purposes to: (a)

install, keep, maintain, repair and replace meter boards, electricity meters, gate electricity meters, electricity meters for individual Strata Lots, electricity meters for Common Property, associated meter data cabling and telemetry and associated equipment in the Lot Burdened which is connected to or forms part of the Embedded Utility Electricity Infrastructure in that part of the Lot Burdened comprising meter cupboards and meter rooms;

(b)

install, keep, maintain, repair and replace in the Lot Burdened data cabling and associated equipment which is connected to or forms part of the Embedded Utility Electricity Infrastructure in that part of the Lot Burdened comprising services risers;

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

(c)

use the Embedded Utility Electricity Infrastructure in the Lot Burdened to supply the Embedded Utility Electricity Service;

(d)

enter any part of the Lot Burdened (together with any required equipment) necessary to:

(c)

3.2

(i)

exercise its rights or comply with its obligations under this Easement;

(ii)

read and monitor meters, data cabling and associated equipment forming part of the Embedded Utility Electricity Infrastructure; and

(iii)

carry out any works to the Embedded Utility Electricity Infrastructure permitted or required under the terms of this Easement;

carry out work to the Embedded Utility Electricity Infrastructure in the Lot Burdened including constructing, installing, placing, repairing, replacing or maintaining the Embedded Utility Electricity Infrastructure.

The Grantee must: (a) repair and maintain the Embedded Utility Electricity Infrastructure in the Lot Burdened; and (b)

when exercising its rights under this Easement: (i)

ensure all work is done in a proper and workmanlike manner and in accordance with any applicable Laws and the requirements of any relevant Authority;

(ii)

cause as little inconvenience as is practicable to the Grantor and any occupier of the Lot Burdened;

(iii)

cause as little damage as is practicable to the Lot Burdened and any improvement on it;

(iv)

restore the Lot Burdened as nearly as is practicable to its former condition; and

(v)

make good any collateral damage.

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

3.3

The Grantee acknowledges and agrees that access to the Lot Burdened may be regulated by security door and Security Keys. The Grantor must provide the Grantee with Security Keys as necessary to allow the Grantee to exercise its rights under this Easement.

3.4

In regard to the Security Keys issued by the Grantor under clause 3.3, the Grantee must: (a) comply with the reasonable instructions of the Grantor about use of the Security Keys; (b)

take all reasonable steps not to lose the Security Keys;

(c)

immediately notify the Grantor if the Grantee or its Authorised Users lose a Security Key; and

(d)

pay to the Grantor the reasonable cost of additional or replacement Security Keys (excluding their first Security Key).

3.5

The Grantor must not do anything to prevent, hinder or interfere with the Embedded Utility Electricity Service and the Embedded Utility Electricity Infrastructure in the Lot Burdened or the Grantee exercising its rights under this Easement.

3.6

The Grantor and the Grantee acknowledge and agree that: (a) the Grantor may, in common with the Grantee, install, keep, maintain, repair and replace its equipment, infrastructure and services in the Lot Burdened;

3.7

(b)

the Grantee must exercise its rights under this Easement so that the Grantor is not excluded from exercising its rights referred to in clause 3.1(a); and

(c)

without limiting clause 3.5, the Grantor must exercise its rights referred to in clause 3.6(a) so that the Grantee is not excluded from exercising its right under this Easement.

The Grantee releases and indemnifies the Grantor from and against all damage, expense, loss or liability suffered or incurred by the Grantor arising from or in consequence of the exercise by the Grantee and its Authorised Users of their rights under this Easement or breach of this Easement by the Grantee and its Authorised Users including: (a) loss or damage to property including the property of the Grantor or any occupier of the Lot Burdened; and (b)

3.8

loss, expense or liability in respect of personal injury, disease, illness or death.

The release and indemnity under clause 3.7, will be reduced proportionately to the extent that the damage, expense, loss or liability arises from a negligent act or omission of the Grantor or its officers,

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

employees, contractors or agents and does not extend to loss which would have been avoided had the Grantor used reasonable endeavours to mitigate its loss.

TERMS OF EASEMENT FOR EMBEDDED HOT WATER SERVICE (WHOLE OF COMMON PROPERTY) (B) NUMBERED 2 IN THE PLAN

4.1

The Grantor grants to the Grantee and its Authorised Users full, free and unimpeded right at all times and for all lawful purposes to: (a)

install, keep, maintain, repair and replace tanks, circulating pumps, boilers and control equipment, pipes, meters and associated equipment in the Lot Burdened which is connected to or forms part of the Embedded Hot Water Service Plant and Infrastructure in that part of the Lot Burdened located in the mechanical plant room on the mezzanine level of the building;

(b)

install, keep, maintain, repair and replace meters and meter data cabling and associated equipment which is connected to or forms part of Embedded Hot Water Service Plant and Infrastructure in that part of the Lot Burdened comprising meter cupboards;

(c)

install, keep, maintain, repair and replace pipes, valving and control equipment and associated equipment in the Lot Burdened which is connected to or forms part of Embedded Hot Water Service Plant and Infrastructure in that part of the Lot Burdened comprising services infrastructure areas;

(d)

use that part of the Lot Burdened comprising the pipes for the supply of water to the Lot Burdened and the Strata Lots to connect the Embedded Hot Water Service Plant and Infrastructure;

(e)

use the Embedded Hot Water Service Plant and Infrastructure in the Lot Burdened to supply the Embedded Hot Water Service;

(f)

enter any part of the Lot Burdened (together with any required equipment) necessary to: (i)

exercise its rights or comply with its obligations under this Easement;

(ii)

read and monitor meters, data cabling and associated equipment forming part of the Embedded Hot Water Service Plant and Infrastructure; and

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

(iii) (g)

4.2

carry out any works to the Embedded Hot Water Service Plant and Infrastructure permitted or required under the terms of this Easement.

carry out work to the Embedded Hot Water Service Plant and Infrastructure in the Lot Burdened including constructing, installing, placing, repairing, replacing or maintaining the Embedded Hot Water Service Plant and Infrastructure.

The Grantee must: (a)

repair and maintain the Embedded Hot Water Service Plant and Infrastructure in the Easement Site; and

(b)

when exercising its rights under this Easement: (i)

ensure all work is done in a proper and workmanlike manner and in accordance with any applicable Laws and the requirements of any relevant Authority;

(ii)

cause as little inconvenience as is practicable to the Grantor and any occupier of the Lot Burdened;

(iii)

cause as little damage as is practicable to the Lot Burdened and any improvement on it;

(iv)

restore the Lot Burdened as nearly as is practicable to its former condition; and

(v)

make good any collateral damage.

4.3

The Grantee acknowledges and agrees that access to the Lot Burdened may be regulated by security door and Security Keys. The Grantor agrees to provide the Grantee with Security Keys as necessary to allow the Grantee to exercise its rights under this Easement.

4.4

In regard to the Security Keys issued by the Grantor under clause 4.3, the Grantee must: (a)

comply with the reasonable instructions of the Grantor about use of the Security Keys;

(b)

take all reasonable steps not to lose the Security Keys;

(c)

immediately notify the Grantor if the Grantee or its Authorised Users lose a Security Key; and

(d)

pay to the Grantor the reasonable cost of additional or replacement Security Keys (excluding their first Security Key).

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

4.5

The Grantor must not do anything to prevent, hinder or interfere with the Embedded Hot Water Service and the Embedded Hot Water Service Plant and Infrastructure in the Lot Burdened or the Grantee exercising its rights under this Easement.

4.6

The Grantor and the Grantee acknowledge and agree that:

4.7

(a)

the Grantor may, in common with the Grantee, install, keep, maintain, repair and replace its equipment, infrastructure and services in the Easement Site;

(b)

the Grantee must exercise its rights under this Easement so that the Grantor is not excluded from exercising its rights referred to in clause 4.6(a); and

(c)

without limiting clause 4.5, the Grantor must exercise its rights referred to in clause 4.6(a) so that the Grantee is not excluded from exercising its right under this Easement.

loss or damage to property including the property of the Grantor or any occupier of the Lot Burdened; and

(b)

loss, expense or liability in respect of personal injury, disease, illness or death.

4.8

The release and indemnity under clause 4.7, will be reduced proportionately to the extent that the damage, expense, loss or liability arises from a negligent act or omission of the Grantor or its officers, employees, contractors or agents and does not extend to loss which would have been avoided had the Grantor used reasonable endeavours to mitigate its loss.

EASEMENT FOR EMBEDDED SOLAR GENERATION INFRASTRUCTURE (LIMITED IN STRATUM) (C) NUMBERED 3 IN THE PLAN

5.1

The Grantor grants to the Grantee and its Authorised Users full, free and unimpeded right at all times and for all lawful purposes to: (a)

install, keep, maintain, repair and replace the Embedded Solar Generation Infrastructure in the Easement Site;

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

(b)

use the Embedded Solar Generation Infrastructure in the Easement Site to supply the Embedded Utility Electricity Service;

(c)

enter any part of the Lot Burdened (together with any required equipment) necessary to:

(d)

5.2

(i)

exercise its rights or comply with its obligations under this Easement;

(ii)

read and monitor meters, data cabling and associated equipment forming part of the Embedded Solar Generation Infrastructure; and

(iii)

carry out any works to the Embedded Solar Generation Infrastructure permitted or required under the terms of this Easement.

carry out work to the Embedded Solar Generation Infrastructure in the Easement Site including constructing, installing, placing, repairing, replacing or maintaining the Embedded Solar Generation Infrastructure.

The Grantee must: (a)

repair and maintain the Embedded Solar Generation Infrastructure; and

(b)

when exercising its rights under this Easement: (i)

ensure all work is done in a proper and workmanlike manner and in accordance with any applicable Laws and the requirements of any relevant Authority;

(ii)

cause as little inconvenience as is practicable to the Grantor and any occupier of the Lot Burdened;

(iii)

cause as little damage as is practicable to the Lot Burdened and any improvement on it;

(iv)

restore the Lot Burdened as nearly as is practicable to its former condition; and

(v)

make good any collateral damage.

5.3

5.4

In regard to the Security Keys issued by the Grantor under clause 5.3, the Grantee must:

______________________ Council Authorised Person Shell Cove – s88B instrument

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5.5

5.6

Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

(a)

comply with the reasonable instructions of the Grantor about use of the Security Keys;

(b)

take all reasonable steps not to lose the Security Keys;

(c)

immediately notify the Grantor if the Grantee or its Authorised Users lose a Security Key; and

(d)

pay to the Grantor the reasonable cost of additional or replacement Security Keys (excluding their first Security Key).

The Grantor must not do anything to prevent, hinder or interfere with the Embedded Solar Generation Infrastructure in the Easement Site or the Grantee exercising its rights under this Easement including: (a)

doing anything which obstructs the flow of the Embedded Solar Generation Infrastructure; and

(b)

without limiting clause 5.5(a), placing or constructing anything on the Embedded Solar Generation Infrastructure in the Easement Site.

loss or damage to property including the property of the Grantor or any occupier of the Lot Burdened; and

(b)

loss, expense or liability in respect of personal injury, disease, illness or death.

5.7

The release and indemnity under clause 5.6, will be reduced proportionately to the extent that the damage, expense, loss or liability arises from a negligent act or omission of the Grantor or its officers, employees, contractors or agents and does not extend to loss which would have been avoided had the Grantor used reasonable endeavours to mitigate its loss.

EASEMENT FOR PUBLIC ACCESS (F) NUMBERED 4 IN THE PLAN [Drafting note: these easement terms are draft only and may be amended to meet Council requirements prior to registration]

6.1

Grant of easement

The Grantor grants the Grantee and its Authorised Users rights of pedestrian access and egress across those parts of the Easement Site where a walkway designed for pedestrian use is located. This

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

easement permits the full and free right for the Grantee and its Authorised Users to go, pass and repass at all times over those parts of the Easement Site where a walkway designed for pedestrian use is located. 6.2

Obligations of the Grantee When exercising their rights under this easement, the Grantee and its Authorised Users must:

6.3

(a)

cause as little inconvenience as practicable to the Grantor or Occupiers of a Lot Burdened;

(b)

comply with the requirements and rules made by the Grantor according to this easement;

(c)

not damage the Lot Burdened or any improvements on it; and

(d)

promptly repair any damage which the Grantee or its Authorised Users cause to the Lot Burdened or the Easement Site.

Suspension of Access The Grantor may temporarily suspend access to, and use of, parts of the Easement Site in an emergency or for maintenance purposes on the following conditions:

6.4

(a)

except in an emergency, the Grantor must give reasonable notice of its intention to suspend use of parts of the Easement Site by notice posted on or near the relevant area; and

(b)

the Grantor must suspend use of parts of the Easement Site only for the period required to remedy an emergency or maintain the Easement Site.

Making rules Subject to the terms of this easement, the Grantor may make rules about the use of the Easement Site located in the Lot Burdened by the Grantee and its Authorised Users.

______________________ Council Authorised Person Shell Cove – s88B instrument

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Plan of Subdivision of Lot 5071 in DP1238340 covered by Subdivision Certificate No. Dated

Execution by the Registered Proprietors: Shellharbour City Council

THE COMMON SEAL of

) )

THE COUNCIL OF THE CITY OF

)

SHELLHARBOUR

) …………………………………………… )

was affixed on

Mayor

) )

pursuant to a resolution made on

) …………………………………………… )

______________________ Council Authorised Person Shell Cove – s88B instrument

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Chief Executive Officer/Public Officer

Attachment 5 By-law instrument

Approved Form 7 Registered:

Strata Plan By-Laws Office Use Only

Sheet 1 of 44 Sheet(s) Office Use Only

By-laws 

Shell Cove – ‘Ancora Apartments’ (E2)  Instrument setting out the Terms of By-laws to be created upon registration of the Strata Plan



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Approved Form 7 Registered:

Strata Plan By-Laws Office Use Only

Sheet 2 of 44 Sheet(s) Office Use Only

By-laws 1 Definitions and interpretation 2 Use of Lots 3 Common Property 4 Behaviour of owners, occupiers and Invitees 5 Drying of laundry items 6 Fly screens 7 Cleaning 8 Storage of inflammable liquids and other substances and materials 9 Moving furniture and other objects on or through Common Property 10 Storage Areas and Parking 11 Lights 12 Garbage disposal 13 Waste Management 14 Keeping of animals 15 Provision of Amenities or Services 16 Appearance of Lot 17 Noticeboard 18 Internet and Phone Infrastructure 19 Rights to enter the Lot 20 Carrying out Building Work 21 Owner's Corporation may carry out work 22 Shopping Trolleys 23 Agreement for supply of Embedded Network Services 24 Common Property 25 Security at the Strata Scheme 26 Planter Boxes 27 Use Data Consumption 28 Rules 29 Failure to comply with by-laws 30. Agreement with Building Manager 31 Pool Area 32 Electric Vehicle Charge Points 33 Air Conditioning By Laws –E2

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4 8 11 12 14 14 14 15 15 16 17 17 19 19 22 23 25 25 26 26 29 30 30 31 32 33 34 34 35 35 36 37 38

Approved Form 7 Registered:

Strata Plan By-Laws Office Use Only

Sheet 3 of 44 Sheet(s) Office Use Only

34 Floor coverings 35 Hot Water System

40 42

Signing page

By Laws –E2

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Approved Form 7

Strata Plan By-Laws

Sheet 4 of 44 Sheet(s)

Office Use Only

Registered:

Office Use Only

1 Definitions and interpretation 1.1

Definitions Act means the Strata Schemes Management Act 2015 as varied, amended or replaced from time to time. Advertising means any sign, placard, banner, notice or other marketing material. Agent means any agent, representative, property manager, holiday letting company, Facilitator or other person who enable STRA irrespective of whether they do so as a business. Air Conditioning Services include, without limitation wires, ducts and condenser units which are located on Common Property and exclusively service a Lot including, without limitation, by supplying air conditioning or refrigerant for air-conditioning but does not include: (a)

costs for electrical consumption by Lots; or

(b)

Lot Air Conditioning Services.

Bicycle Storage Area means the designated common property bicycle storage area located on the ground floor of Building B, adjacent to the vehicle entry ramp. Building means the Building A, Building B and Building C on the Land, of which the Strata Scheme forms part. Building A means that part of the Building identified as ‘Building A’ on the Strata Plan. Building B means that part of the Building identified as ‘Building B’ on the Strata Plan. Building C means that part of the Building identified as ‘Building C’ on the Strata Plan. Building Manager means the meaning given to that term in by-law 30. Booking Platform has the same meaning given to it under the Code. By-laws means the by-laws set out in this document and any other by-laws adopted by the Owners Corporation from time to time. Car Space means that part of a Lot designated as a car parking space. Central Hot Water Plant means the hot water boilers (electric), hot water tanks, the primary hot water circulating pumps and all inter-connecting pipe work, valving and control equipment associated with the central hot water heater for heating water in the Building. Code means the code of conduct for the short-term rental accommodation industry declared pursuant to section 54B of the Fair Trading Act 1987 (NSW), as updated from time to time. Common Property means the common property comprised in the Strata Plan. Common Property Utility Services means utility services supplied through the Embedded Energy Network including: (a)

embedded electricity network;

(b)

domestic hot water from a centralised plant;

(c)

embedded solar generation;

By Laws –E2

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Approved Form 7 Registered:

Strata Plan By-Laws

Sheet 5 of 44 Sheet(s)

Office Use Only

(d)

electric vehicle charging;

(e)

energy management;

(f)

fibre to the home (FTTH) and

Office Use Only

other services associated with any of the above. Council means the Shellharbour City Council. Common Property Rights By-Law means by laws granting Owners exclusive use and special privileges of Common Property according to division 3 in part 7 of the Act. Cosmetic Work has that meaning given in the Act. Developer means Australand Corporation (NSW) Pty Limited ACN 001 022 117 and its successors and assigns. Development Act means the Strata Schemes Development Act 2015. Electric Vehicle Charge Point means the ‘fit-off’ charging unit for the purposes of electric vehicle charging. It includes cabling from the cable trays above to and including the charging unit. Embedded Energy Network means a private network that enables the supply of the Property Utility Services to the Lots and the Common Property Utility Services to the Common Property. Embedded Network Infrastructure Owner means the owner of the infrastructure related to the Embedded Energy Network. Embedded Network Operator means the operator of the Embedded Energy Network which may be Real Utilities Pty Ltd ABN 97 150 290 814 or another operator. Embedded Network Parties means the Embedded Network Infrastructure Owner, the Embedded Network Operator, a Frasers Property Australia associate, and/or a third party. Embedded Network Services Utility Lot means Lot 65 in the Strata Plan. Environmental Planning Instrument has that meaning given to the term in the Environmental Planning & Assessment Act 1979. Fair Trading Act means the Fair Trading Act 1987 (NSW). Frasers Property Australia means Frasers Property Australia Pty Limited ACN 600 448 726 and its related bodies corporate (as applicable). Furniture and Fittings means any personal property belonging to the Owners Corporation that is to be used in connection with the Building. Garbage Room means the Common Property garbage room(s) located in the basement level of the Building. Garbage Collection Dock means the garbage collection loading dock located on the ground floor of Building C. Government Authority means any government, semi-government, local government, administrative, fiscal or judicial department, commission, authority tribunal, agency or other entity. Host means a host as defined under the Code. By Laws –E2

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Approved Form 7 Registered:

Strata Plan By-Laws

Sheet 6 of 44 Sheet(s)

Office Use Only

Hot Water System means pipes, plant and equipment forming part of the Common Property (but excluding the Central Hot Water Plant). Initial Period has the same meaning as it does in the Act. Initial Period Restrictions means the restrictions on the powers of owners corporations pursuant to section 26 of the Act. Invitee means a person on the Land with the express or implied consent of an Owner or Occupier. Land means the land contained in Folio Identifier 5071/1238340. Lot means a lot in the Strata Plan. Lot Air Conditioning Services means fan coil units and controls located in a Lot. Major Building Work means any work of a building or construction nature which is not Cosmetic Work or Minor Renovations, where the work will penetrate, affect or alter the Common Property in any way, including: (a)

the installation of a toilet, basin or other plumbing items (but only to the extent that the work will penetrate, affect or alter the Common Property in any way);

(b)

the installation of a bathroom, kitchen or other items forming part of the general fit out of a Lot (but only to the extent that the work will penetrate, affect or alter the Common Property in any way);

(c)

the installation, alteration or replacement of kitchen exhaust;

(d)

the alteration or removal of non-structural walls in a Lot;

(e)

the creation of openings in non-structural Common Property walls between 2 Lots owned by the same Owner; or

(f)

the construction or installation of any work (including a wall) within a Lot, or on the boundary between 2 Lots owned by the same Owner.

Minor Renovations has that meaning given in the Act. Neighbours means the Occupiers of residential premises directly neighbouring the Lot used or proposed to be used for STRA, which includes any Lot directly above, below or adjacent to the Lot. Occupier means any lessee, sublessee, licensee, sublicensee, occupier or mortgagee in possession of a Lot in the Strata Plan. Original Owner means Council. Owner means the owner for the time being of any Lot in the Strata Plan. Owners Corporation means the owners corporation constituted upon registration of the Strata Plan. Pool Area means the Common Property on the podium level of the Building including a pool, change room and restroom facilities, loose furniture and associated equipment. By Laws –E2

BAL v3

Approved Form 7

Strata Plan By-Laws

Sheet 7 of 44 Sheet(s)

Office Use Only

Registered:

Office Use Only

Premises Register means the register of short-term rental accommodation hosts and premises administered by the Department of Planning, Industry and Environment. Property Utility Services means utility services supplied through the Embedded Energy Network including: (a)

embedded electricity network;

(b)

domestic hot water from a centralised plant;

(c)

embedded solar generation;

(d)

electric vehicle charging;

(e)

energy management;

(f)

fibre to the home (FTTH) and

(g)

other services associated with any of the above.

Rules means rules made by the Owners Corporation according to by-law 28. Screens means any fly screens or other external screen or door which is attached to windows or doors. Security Keys means the keys, magnetic card or other device or information used in the Strata Scheme to open and close Common Property doors, gates or locks or to operate alarms, security systems or communication systems. Selling and Leasing Activities means the activities relating to the sale, including sale by auction, and leasing of Lots. STRA has the same meaning as ‘short term rental accommodation arrangement’ in section 54A of the Fair Trading Act. STRA Framework means the legislative and planning framework which regulates STRA, including: (a)

part 4, division 4A of the Fair Trading Act 1987 (NSW);

(b)

part 2, division 2A of the Fair Trading Regulation 2019 (NSW);

(c)

the Code;

(d)

the Planning Laws;

(e)

any fire safety standards applicable to STRA; and

(f)

any STRA registration system.

Strata Committee means the strata committee of the Owners Corporation. Strata Manager means a strata managing agent appointed under the Act by the Owners Corporation and, if no person is for the time being so appointed, the secretary of the Owners Corporation. Strata Parcel means the land the subject of the Strata Scheme. Strata Plan means strata plan [ By Laws –E2

BAL v3

Approved Form 7

Strata Plan By-Laws Office Use Only

Registered:

Sheet 8 of 44 Sheet(s) Office Use Only

Strata Scheme means the strata scheme established on the registration of the Strata Plan. Visitor Parking means that part of the Common Property noted as "Visitor Car Space" on the Strata Plan. Waste Management Plan means the operational waste management plan in respect of the Building held by the Building Manager.

1.2

Interpretation In these by-laws, unless the context otherwise requires:

1.3

(a)

headings are for convenience only and do not affect the interpretation of the by-laws;

(b)

words importing the singular include the plural and vice versa;

(c)

words importing a gender include any gender;

(d)

an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other Owners Corporation and any Government Authority;

(e)

a reference to a person includes reference to the person's executors, administrators, successors, substitutes (including without limitation, persons taking by novation) and assigns;

(f)

a reference to any thing includes a part of that thing; and

(g)

a reference to any statute, regulation, proclamation, ordinance or clause includes all statutes, regulations, proclamations, ordinances or clauses varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and clauses issued under that statute.

Notices (a)

Any notice, demand, approval, request or communication under this instrument must be in writing.

(b)

For the avoidance of doubt, the Owners Corporation may serve notices under this instrument or under the Act (to the extent permitted by the Act) by email or other electronic means of communication.

2 Use of Lots 2.1

Residential Use (a)

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Subject to by-laws 2.4 and 2.5, Owners and Occupiers must only permit Lots to be used in accordance with the following: (i)

Lots may be used as permanent residential accommodation including under leases subject to the Residential Tenancies Act 2010 (NSW).

(ii)

no more than two adult people may occupy any bedroom and no bedroom may contain more than two beds. This excludes children's beds, cots and bassinets;

Approved Form 7

Office Use Only

Registered:

(b)

2.2

2.4

Sheet 9 of 44 Sheet(s) Office Use Only

(iii)

use of rooms for sleeping accommodation, other than rooms designated in any development consent as bedrooms, is prohibited;

(iv)

bedrooms must not be further divided, screened or partitioned in any way; and

(v)

the total number of adults residing in a Lot must not exceed twice the number of approved bedrooms.

Home occupation, if permitted under the zoning, is not prohibited by this by-law.

Short Term Rental Accommodation (STRA) (a)

2.3

Strata Plan By-Laws

STRA, if permitted under the zoning or Council development consent, is not prohibited by this by-law.

Compliance with STRA Framework (a)

Owners and Occupiers must always comply with the STRA Framework and these by-laws if they are Hosts.

(b)

Owners and Occupiers who are Hosts must provide their Guests with an electronic or hard copy of the by-laws and the Code prior to or at the time of commencing their occupancy.

(c)

An Owner must ensure that any Occupier of their Lot who is a Host complies with STRA Framework, including without limitation incorporating a provision in any occupancy agreement with the Occupier requiring the Occupier (and any sub-occupier) to comply with STRA Framework and enforcing such provision.

Notification to Council of breach of planning law The Owners Corporation may, in addition to any other rights it has under the by-laws, notify the local council (and provide the local council with any supporting submissions or evidence) if it reasonably believes that an Owner or Occupier or Guest has breached or contravened the STRA Framework.

2.5

Lodging complaints with the Commissioner (a)

The Owners Corporation may, in addition to any other rights it has under the by-laws, lodge a complaint with the Commissioner (together with any supporting submissions and evidence) if the Owners Corporation reasonably believes that an Owner or Occupier has failed to comply with the Code in respect of any STRA in their Lot.

(b)

In accordance with the Code, the Owners Corporation may also lodge a complaint with the Commissioner (together with any supporting submissions and evidence) if:

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(i)

the Owner of Occupier has contravened STRA planning law and enforcement action has been completed by the local council; or

(ii)

the Tribunal has issued an order against a Host for the contravention of a by-law in respect of STRA or payment of a penalty for a by-law contravention.

Approved Form 7

Office Use Only

Registered:

2.6

Strata Plan By-Laws

Sheet 10 of 44 Sheet(s) Office Use Only

Authority for Owners Corporation to provide information The Owners Corporation is authorised to provide the Commissioner or any other Government Authority with information in its possession or control which is requested by the Commissioner or other Government Authority in respect of any STRA activity in a Lot.

2.7

Indemnity and Costs provisions (a)

(b)

2.8

Any Host who breaches by-laws 2.2 to 2.3 indemnifies the Owners Corporation for and against all costs, claims, damages, loss and liability arising from breach of the relevant bylaw, including: (i)

any loss or damage to property;

(ii)

costs associated with enforcement of by-laws 2.2 to 2.3 (including costs incurred by the Owners Corporation under by-law 2.4 to 2.5).

The Owners Corporation may recover the cost and expenses of carrying out the activities referred to in this by-law 2.7 from the relevant Host as a levy debt, due and payable at the Owners Corporation’s direction and which, if unpaid within 1 month of being due, will bear simple interest at the rate of 10 percent per annum until paid (or if the regulations provide for another rate for unpaid levies, that other rate) and the interest will form part of that debt.

Leasing of Lots Owners must ensure that:

2.9

(a)

the letting of any Lot under the Residential Tenancies Act 2010 (NSW) is recorded under the terms of a residential lease;

(b)

any leasing agent is made aware of the restrictions on use imposed under this by-law 2;

(c)

all reasonable endeavours are taken to ensure compliance with this bylaw 2; and

(d)

that a copy of these by-laws, as registered, is attached to any residential lease entered into in accordance with the requirements of the Residential Tenancies Act 2010 (NSW).

Change in Use (a)

An Occupier 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).

(b)

Nothing in this by-law authorises any Owner or Occupier to change the use of their Lot.

(c)

Any change in use of a Lot must comply with all laws applicable to that use including the applicable zoning and the requirements for Council consent. If Council consent is required for the proposed change in use, the Owner or Occupier must provide a copy of that consent to the Owners Corporation.

(d)

If the change of use results in an increase in the premium payable for any or all of the insurances effected by the Owners Corporation, the Owner of the relevant Lot must pay to the Owners Corporation that increase in premium in accordance with by-law 4.8(b).

By Laws –E2

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Approved Form 7

Sheet 11 of 44 Sheet(s)

Office Use Only

Registered:

2.10

Strata Plan By-Laws

Office Use Only

Planning Laws Nothing in this by-law operates to restrict use of a Lot that is or may become permitted under any Environmental Planning Instrument or the Act.

2.11

Embedded Network Services Utility Lot This by-law 2 does not apply to the Embedded Network Services Utility Lot.

3 Common Property 3.1

Obligations of Owners and Occupiers (a)

(i)

leave anything on Common Property;

(ii)

obstruct the use of Common Property;

(iii)

use any part of Common Property for the Owner's or Occupier's own purposes;

(iv)

erect any structure on Common Property;

(v)

attach any item to Common Property;

(vi)

do or permit anything to be done to Common Property which might cause damage; or

(vii)

alter Common Property.

(b)

By-law 20 applies to the carrying out of building works or alterations and may apply to paragraphs (i) to (vii) of by-law 3.1(a).

(c)

An Owner or Occupier must:

(d)

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An Owner or Occupier must not do the following to Common Property (unless specifically permitted by these by-laws or unless the Owner or Occupier first obtains the consent of the Owners Corporation):

(i)

give notice to the Owners Corporation of any damage to or defect in the Common Property immediately after an Owner or Occupier becomes aware of any damage or defect;

(ii)

use a thing on the Common Property only for the purpose for which it was constructed or provided; and

(iii)

only use or enjoy the Common Property in a manner or for a purpose which does not unreasonably interfere with the use and enjoyment of the Common Property by another Owner or Occupier or an Invitee.

Except with the prior consent of the Owners Corporation, an Owner or Occupier must not deposit or throw on the Common Property any rubbish, dirt, dust or other material or discarded item.

Approved Form 7

Sheet 12 of 44 Sheet(s)

Office Use Only

Registered:

3.2

Strata Plan By-Laws

Office Use Only

Damage to Common Property If an Owner, Occupier or Invitee causes damage to the Common Property while that Owner, Occupier or Invitee uses the Common Property then that Owner or Occupier must:

3.3

(a)

promptly notify the Owners Corporation of the damage caused; and

(b)

compensate the Owners Corporation accordingly.

Safety The Owners Corporation must have a suitably qualified or licensed person carry out a safety inspection of the Common Property at intervals as required by Law.

3.4

Fire The Owners Corporation must: (a)

prominently display in the Buildings the annual fire safety statement together with a copy of the current fire safety schedule in respect of each essential fire safety measure as required under the relevant Law;

(b)

arrange for inspections of each essential fire safety measure by a suitably qualified person in accordance with the relevant Law; and

(c)

provide a copy of the annual fire safety statement referred to in by-law 3.4(b) to Council.

4 Behaviour of owners, occupiers and Invitees 4.1

Noise and Vibration An Owner or Occupier must not create noise or vibration on a Lot or the Common Property which might reasonably interfere with another Owner or Occupier's right to peaceful enjoyment of a Lot or the Common Property.

4.2

Behaviour An Owner or Occupier must not:

4.3

(a)

obstruct lawful use of Common Property; or

(b)

use language or behave in a manner likely to cause offence or embarrassment to an Owner or Occupier.

Smoking (a)

An Owner or Occupier or any invitee of the Owner or Occupier must not smoke anywhere on Common Property, including in stairwells, lifts, foyers and the car park.

(b)

An Owner or Occupier of a Lot must ensure that smoke caused by the smoking of tobacco or any other substance by the Owner or Occupier, or any invitee of the Owner or Occupier, on the Lot does not penetrate to the Common Property or any other Lot.

By Laws –E2

BAL v3

Approved Form 7

Sheet 13 of 44 Sheet(s)

Office Use Only

Registered:

4.4

Strata Plan By-Laws

Office Use Only

Children An Owner or Occupier must ensure any young children in their care and control:

4.5

(a)

only remains in or on areas of Common Property and on any balconies which are of possible danger or hazard to children if the child is accompanied by an adult exercising effective control;

(b)

not play on Common Property unless accompanied by an adult exercising effective control; and

(c)

not make excessive noise on Common Property or within Lots (for example, open balconies) so as to disturb the peaceful enjoyment of other Owners and Occupiers.

Owners and Occupiers are responsible for Invitees An Owner or Occupier must take all reasonable steps to ensure that each Invitee of the Owner or Occupier:

4.6

(a)

complies with these by-laws and any applicable Rules;

(b)

leaves the Strata Parcel if the Invitee does not comply as required under by-law 4.5(a); and

(c)

does not do anything an Owner or Occupier is not itself entitled to do under these by-laws or any applicable Rules, including behave in a manner likely to interfere with the peaceful enjoyment of another Owner or Occupier or any other person lawfully on the Strata Parcel.

Tenants If an Owner or Occupier leases or licenses its Lot, or part of its Lot, the Owner or Occupier:

4.7

(a)

must take reasonable steps to ensure the tenant or licensee and any Invitees comply as required by by-law 4.5(a) or leave the Strata Parcel;

(b)

must take all action reasonably available to it, including action under the lease or licence agreement, to ensure the tenant or licensee and any Invitees comply as required by bylaw 4.5(a) or leave the Strata Parcel; and

(c)

remains responsible at all times for the acts or omissions of any lessee or licensee of its Lot.

Invitees to be accompanied An Owner or Occupier must accompany its Invitees whilst in the Building at all times other than when those Invitees are entering or leaving the Building.

4.8

Increasing Insurance (a)

An Owner or Occupier must not do anything that might invalidate, suspend or increase the premium payable for any insurances effected by the Owners Corporation.

(b)

If the use of a Lot results in an increase in the premium payable for any or all of the insurances effected by the Owners Corporation, the Owner of the relevant Lot must pay to the Owners Corporation, that increase in premium within 5 business days of notification in writing by the Owners Corporation.

By Laws –E2

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Approved Form 7

Office Use Only

Registered:

(c)

4.9

Strata Plan By-Laws

Sheet 14 of 44 Sheet(s) Office Use Only

Provided the Owner of the relevant Lot complies with by-law 4.8(b), it will not be in breach of by-law 4.8(a) with respect to any increase in premium arising out of the use of its Lot.

Kitchen An Owner or Occupier must keep the front door of the apartment forming part of their Lot closed whilst cooking to prevent any odours or smoke emitted whilst cooking from entering the Common Property corridors.

5 Drying of laundry items An Owner or Occupier 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 Building or Strata 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 only for a reasonable period.

6 Fly screens An Owner or Occupier must not, except with the consent in writing of the Owners Corporation, install fly screens to any windows of the Building.

7 Cleaning 7.1

Cleaning and Maintenance of Lot (a)

(b)

7.2

Each Owner and Occupier must keep their Lot: (i)

clean and tidy;

(ii)

free from rubbish; and

(iii)

in good repair and condition.

When cleaning any part of their Lot, each Owner and Occupier must not allow any objects, dirt, water or any other material associated with the cleaning of the Lot to pass over the balcony or terrace of the Lot or into another Lot.

Windows and Doors An Owner or Occupier must keep clean all exterior surfaces of glass in windows and doors (and if applicable glass balcony louvres) on the boundary of the Lot, including so much as is Common Property, unless: (a)

the Owners Corporation resolves that it will keep the glass or specified part of the glass clean; or

(b)

that glass or part of the glass cannot be accessed by the Owner or Occupier safely or at all.

By Laws –E2

BAL v3

Approved Form 7

Sheet 15 of 44 Sheet(s)

Office Use Only

Registered:

7.3

Strata Plan By-Laws

Office Use Only

Balconies, Terraces and Gardens (a)

An Owner or Occupier must keep all internal and external gardens, terraces and balconies within a Lot clean, tidy and well maintained.

(b)

If there are planter boxes on or within a Lot, an Owner or Occupier must: (i)

properly maintain the soil in the planter boxes; and

(ii)

when watering the plants or soil make sure that water does not go on to Common Property or another Lot.

8 Storage of inflammable liquids and other substances and materials (a)

An Owner or Occupier 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.

(b)

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.

9 Moving furniture and other objects on or through Common Property 9.1

Notice An Owner or Occupier must not transport any furniture or large object through or on Common Property unless not less than 48 hours' notice has first been given to the Owners Corporation.

9.2

Owners Corporation may determine The Strata Committee may determine that furniture or large objects are to be transported through or on the Common Property (whether in the Building or not) in a specified manner and make other rules regarding the transportation of furniture and large objects through or on Common Property, including requiring the provision of a bond prior to the transportation of such furniture or large objects through or on the Common Property.

9.3

Determination (a)

If the Owners Corporation has determined the manner in which furniture or large objects are to be transported, an Owner or Occupier must not transport any furniture or large object through or on Common Property except in accordance with that determination.

(b)

Any determination made by the Owners Corporation under this by-law must not affect the special privileges conferred under these by-laws on particular Owners or Occupiers.

(c)

If an Owner or Occupier damages any part of the Common Property whilst transporting large objects or furniture, that Owner or Occupier must compensate the Owners Corporation in accordance with by-law 3.2.

By Laws –E2

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Approved Form 7

Strata Plan By-Laws Office Use Only

Registered:

Sheet 16 of 44 Sheet(s) Office Use Only

10 Storage Areas, Bicycles and Parking 10.1

Storage Areas (a)

(b)

10.2

10.3

An Owner or Occupier must: (i)

not obstruct or otherwise interfere with the mechanical ventilation of any storage area and any fire services located in any storage area;

(ii)

not, except with the prior written approval of the Owners Corporation, use or store in a storage area any inflammable chemical, liquid or gas, any explosive, corrosive agent or compound or toxic substance or other inflammable material;

(iii)

be responsible for the repair of any damage caused to a storage area and Common Property as a result of the use of the storage area;

(iv)

ensure that a storage area is kept safe, clean, neat, tidy and free of rubbish and vermin;

(v)

ensure that ventilation of the storage area is not adversely affected due to the items stored; and

(vi)

not unreasonably restrict access to a storage area if access to the storage area is required by the Owners Corporation or another owner or occupier for the purpose of carrying out maintenance in the vicinity of the storage area (including to any fire sprinklers located in the storage area).

An Owner or Occupier must: (i)

not interfere with any Common Property pipes or services (including mechanical ducting and the like) that may be located within the storage areas; and

(ii)

give the Owners Corporation access to any storage area (on the giving of reasonable notice) to access, maintain, repair or replace any Common Property pipes or services (including mechanical ducting and the like), located within that owner or occupier's storage area.

Car Spaces (a)

Car Spaces must not be used for the storage of any boxes, furniture or other household items.

(b)

An Owner or Occupier must keep their Car Space free from any rubbish or spills (including oil or grease). An Owner or Occupier must immediately clean up any spillage of oil or grease in the Car Space or on Common Property if the spillage was caused by a leak in the Owner or Occupier's motor vehicle. If the Owner or Occupier fails to clean the affected area, the Owners Corporation may attend to cleaning the affected area and recover any costs associated from the Owner or Occupier.

Parking on Common Property Subject to these by-laws, an Owner or Occupier must not park a motor vehicle on Common Property without the prior consent of the Owners Corporation.

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Approved Form 7

10.5

Sheet 17 of 44 Sheet(s)

Office Use Only

Registered:

10.4

Strata Plan By-Laws

Office Use Only

Visitor Parking (a)

An Owner or Occupier must not park their vehicle in Visitor Parking.

(b)

A visitor may park a vehicle in Visitor Parking for a consecutive period of up to 12 hours at any one time only for the purpose of visiting an Owner or Occupier of a Lot.

(c)

The Visitor Parking is to be maintained free of obstruction and is for the exclusive use of visitors.

Bicycle Storage Area (a)

The Bicycle Storage Area is available for use by all Owners and Occupiers.

(b)

When using the Bicycle Storage Area, Owners and Occupiers are responsible for locking and securing their bicycles and the Owners Corporation is not responsible for the safety or security of any bicycle stored in the Bicycle Storage Area.

(c)

Owners and Occupiers must comply with any Rules made by the Owners Corporation for use of the Bicycle Storage Area.

11 Lights (a)

Owners and Occupiers of a Lot are responsible for the repair, maintenance and replacement of all lights and associated transformers within a Lot.

(b)

The Owners Corporation is responsible for the repair, maintenance and replacement of the lights within the balconies and terraces of Lots (whether or not the lights are within Common Property) and where they are not safely accessible from within the Lot.

12 Garbage disposal 12.1

Depositing waste and other material on Common Property Subject to this by-law 12 an Owner or Occupier must not deposit or throw on Common Property any waste, dirt, dust or other material or discarded item except with the prior approval of, or as directed by, the Owners Corporation.

12.2

Garbage Room (a)

An Owner or Occupier may access and use the Garbage Room.

(b)

An Owner or Occupier must dispose of:

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(i)

general waste in the garbage chute or in the bins allocated for general waste in the Garbage Room determined from time to time by the Owners Corporation; and

(ii)

recyclable material in the garbage chutes capable of taking recycling or in the bins allocated for recyclable material in the Garbage Room determined from time to time by the Owners Corporation.

Approved Form 7

Office Use Only

Registered:

12.3

(b)

Office Use Only

The Owners Corporation must: (i)

ensure garbage bins are moved from the Garbage Room to the garbage collection point as designated by the Owners Corporation from time to time;

(ii)

maintain, repair and clean the Garbage Room and the garbage collection point; and

(iii)

maintain, repair and clean the receptacles located in the Garbage Room.

An Owner or Occupier must: (i)

comply with all requirements of the Owners Corporation or any Government Authority in respect of the disposal and recycling of waste;

(ii)

ensure that garbage and waste (other than recyclable materials) are drained and securely wrapped before being placed in a garbage bin allocated for garbage and waste or garbage chute;

(iii)

ensure that recyclable materials are cleaned and emptied, but not bagged, before being placed in a garbage bin allocated for recyclable materials or garbage chute;

(iv)

ensure that no shrink wrapping, flammable materials or toxic or other hazardous materials are disposed of in the Garbage Rooms or placed in the garbage chutes;

(v)

ensure that bottles are drained and cleaned and not broken before placing them in a garbage container designated for that purpose and that bottles, glass or liquids are not deposited in a garbage chute;

(vi)

ensure that no large items are placed in a garbage chute that might cause a blockage;

(vii)

ensure that all animal waste and associated litter is securely and appropriately contained in a plastic bag;

(viii)

ensure that no garbage, trade waste or recyclable material is placed outside the Buildings at any time;

(ix)

flatten cartons or boxes before placing on the designated stack area in the designated areas; and

(x)

contact the Building Manager, or if there is no Building Manager, the Strata Manager to arrange (at the cost of the Owner or Occupier) removal of large articles of waste, large quantities of recyclable material or liquids that are poisonous or environmentally dangerous.

Cleaning up spills (a)

An Owner or Occupier must immediately clean up any spillage of trade waste, garbage or recyclable material on Common Property which is caused by that Owner or Occupier.

(b)

If an Owner or Occupier does not comply with by-law 12.4(a), the Owners Corporation can do so and can charge the Owner or Occupier a reasonable fee for doing so.

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Sheet 18 of 44 Sheet(s)

Owners Corporation obligations (a)

12.4

Strata Plan By-Laws

Approved Form 7 Registered:

12.5

Strata Plan By-Laws Office Use Only

Sheet 19 of 44 Sheet(s) Office Use Only

Waste associated with Major Works and Minor Renovations Despite the other provisions of this by-law 12, an Owner or Occupier must arrange for the removal of all waste associated with either Major Building Work or Minor Renovations, or both, and must not leave any waste associated with either Major Building Work or Minor Renovations, or both, in the Common Property, including the Garbage Room.

12.6

Garbage Collection Dock The Garbage Collection Dock is to be used only for the purposes of garbage collection and may not be used by Owners and Occupiers for any other purpose.

13 Waste Management (a)

The Owners Corporation must procure a private contractor to collect waste from the garbage collection points of the Building.

(b)

The Owners Corporation has the power to appoint and enter into an agreement with a private contractor for the collection of waste.

(c)

The Owners Corporation acknowledges that no responsibility of waste removal is borne by Council.

(d)

The Owners Corporation, Owners and Occupiers must comply with the Waste Management Plan.

14 Keeping of animals 14.1

14.2

Do you need consent to keep an animal? (a)

An Owner or Occupier (‘you’) must get the prior written consent of the Owners Corporation to keep or bring an animal on your Lot or the Common Property, other than an animal permitted without consent under by-law 14.2.

(b)

The Owners Corporation must not unreasonably refuse to give consent to an application for consent under this by-law. If it refuses consent, the Owners Corporation must give the applicant written reasons for its decision.

(c)

An application for consent to keep an animal must be in the form required by the Owners Corporation and contain details reasonably required by the Owners Corporation.

(d)

The Owners Corporation may request further information from the applicant before making its decision.

(e)

An Occupier of a Lot who is not the Owner of that Lot, must provide evidence to the Owners Corporation of the Owners consent to keep an animal.

What animals may you keep in your lot? (a)

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You may keep the following in your Lot without getting the consent of the Owners Corporation:

Approved Form 7

Sheet 20 of 44 Sheet(s)

Office Use Only

Registered:

14.3

Strata Plan By-Laws

Office Use Only

(i)

goldfish or other similar fish in an indoor aquarium; and

(ii)

an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 (Cth). If the owners corporation asks, you must provide evidence to the owners corporation that the animal is an assistance animal as referred to in that section.

(b)

You must provide details of the animal required under by-law 14.4(a) to the Owners Corporation within 7 days of bringing the animal into the Lot.

(c)

You may also keep in your Lot any domestic cat or dog which you already owned before you first moved into your Lot.

What animals are prohibited? Despite by-law 14.2, you will not be given consent to keep, and must not keep:

14.4

(a)

a dangerous dog as defined under the Companion Animals Act 1998 (NSW); or

(b)

any of the following dog breeds: (i)

pit bull terrier;

(ii)

American pit bull terrier;

(iii)

dogo argentine;

(iv)

fila brasileiro;

(v)

japenese tosa; or

(vi)

any cross breed of the above listed dog breeds.

What are the conditions for keeping an animal? The following conditions apply to every animal kept under by-law 14.1 and by-law 14.2: (a)

(i)

microchip details for any cat or dog;

(ii)

vaccination records for any cat or dog;

(iii)

details of breed, age, sex, and a side and front photo of the animal; and

(iv)

training certificates (if it is a guide dog, hearing dog or other animal trained to help with a disability);

(b)

the animal, where practical, must be identified by a tag attached to the collar or harness worn by the animal with the name and telephone number of its owner;

(c)

the animal may be on other Common Property areas only for the purpose of entering the owner’s Lot or leaving the owner’s Lot by the most direct route or means;

(d)

the animal must be restrained on a lead or carried by hand or in a wheeled conveyance designed for the carriage of animals when on Common Property;

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the animal owner must give the Owners Corporation, in a form it considers satisfactory, the following:

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Registered:

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(e)

the animal owner must ensure the animal does not defecate or urinate on Common Property or any other Lot and, if it does so, properly and hygienically dispose of the waste in a sealed plastic bag or impermeable container and thoroughly clean the area concerned;

(f)

the animal owner must not dispose of animal waste in any manner which is unhygienic or causes offensive odour;

(g)

an animal owner must ensure an animal is not left unattended on any part of the Lot not enclosed such as a balcony, terrace or car space;

(h)

an animal owner must promptly remove animal waste from balconies or other open areas of their Lot by means other than washing waste off the balcony or open area so that it deposits on another part of the Strata Scheme; and

(i)

other conditions included in a consent given by the Owners Corporation under by-law 14.1.

Visitors You must not allow a visitor to bring an animal into your Lot or Common Property unless:

14.6

(a)

the animal is a guide dog, hearing dog or other animal trained to help with disability and the visitor needs the animal for that purpose; or

(b)

the Owners Corporation has granted prior consent, including under a standing form of consent granted from time to time by the strata committee.

Your other responsibilities

You must make sure that your animal:

14.7

(a)

makes no noise that causes unreasonable disturbance to another Owner or Occupier or person lawfully using Common Property;

(b)

does not become offensive, vicious, aggressive, noisy or a nuisance or hazard to the Owner or Occupier of another Lot;

(c)

does not unreasonably interfere with another Owner or Occupier’s use and enjoyment of their Lot and Common Property; or

(d)

causes no damage to or loss of property or injury to any person.

Notice of breach (a)

The Owners Corporation may serve a notice on an animal owner if the animal owner breaches any conditions of this by-law 14, including any conditions imposed on the grant of a consent to keep an animal.

(b)

A notice of breach under this by-law 14.7:

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(i)

must set out the condition breached;

(ii)

the details of the breach;

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(iii)

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any action required by the Owners Corporation to rectify the breach (if possible) and prevent further breaches.

Can the Owners Corporation require removal of an animal? (a)

The Owners Corporation may serve a notice on an animal owner requiring the animal owner to remove their animal from the strata scheme and prohibiting its return if the owners corporation has issued three notices of breach to an animal owner under by-law 14.7 within any 6 month period

(b)

This by-law does not limit any persons rights to apply to the Tribunal for an order under Part 8 Division 3 of the Strata Schemes Management Act 2015 (NSW).

What information must a removal notice contain? (a)

(b)

A notice requiring removal of an animal served under by-law 14.8: (i)

must set out the condition breached;

(ii)

the details of the breach;

(iii)

the reasons for the Owners Corporation’s decision to require removal of the animal.

A notice requiring removal of an animal constitutes a withdrawal of any consent given under by-law 14.1 or as permitted under 14.2 and the animal must be removed from the strata scheme (and not returned) within 14 days from the notice date or such longer period as is specified in the notice.

14.10 Indemnity Each animal owner indemnifies the Owners Corporation for any costs, expenses or losses which the Owners Corporation may be liable for arising out of or in connection with the keeping of an animal by that owner including without limitation: (a)

damage to any property;

(b)

injury to any person;

(c)

cleaning the Common Property soiled by that owner’s animal; and

(d)

legal or administrative costs.

14.11 Payment on demand Any cost, expense or liability payable b under or in connection with this by-law is due and payable on written demand by or on behalf of the Owners Corporation and if not paid within 30 days bears interest at the rate fixed under section 85 of the Strata Schemes Management Act 2015 (NSW)

15 Provision of Amenities or Services (a)

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Subject to by-law (b), the Owners Corporation may enter into arrangements pursuant to section 117 of the Act for the provision of amenities or services to one or more of the Lots, or to the Owners or Occupiers including:

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(i)

window cleaning;

(ii)

garbage disposal and recycling services;

(iii)

electricity or water supply;

(iv)

telecommunication services;

(v)

landscaping and gardening;

(vi)

general cleaning; and

(vii)

security services.

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If the Owners Corporation enters into an agreement to provide an amenity or service to a Lot or to an Owner or Occupier, it must include in the agreement the amount for which, or the conditions on which, it will provide the amenity or service.

16 Appearance of Lot 16.1

16.2

General (a)

An Owner or Occupier must not, without the written consent of the Owners Corporation, maintain within the Lot anything visible from outside the Lot that when, viewed from outside the Lot, is not in keeping with the rest of the Building.

(b)

This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 16.

(c)

An Owner or Occupier must not: (i)

attach anything to or hang anything from a balcony, including satellite dishes;

(ii)

install a solid fuel burning appliance in the Building;

(iii)

hang clothes, washing or similar items in any area that is visible from outside a Lot or a building in the Building; or

(iv)

attach or hang an aerial, security device or wires outside a Lot or a building in the Building.

Balcony (a)

(b)

An Owner or Occupier must not place items on a balcony or terrace: (i)

which may be capable of falling or being blown by wind off the balcony or terrace, including any lightweight or plastic furniture;

(ii)

in a manner which might create a safety or fire hazard; or

(iii)

that are not of a high quality and finish, commensurate with the quality of the Building and are not in keeping with the appearance of the Building.

An Owner or Occupier must not: (i)

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enclose a balcony or terrace; or

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(ii)

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use a balcony as a storage area.

(c)

Lightweight or plastic furniture is not permitted on balconies or terraces.

(d)

An Owner or Occupier must not place any items on balustrades.

(e)

Owners and Occupiers are required to: (i)

remove all light furniture from the balcony that could be moved and used as a climbing aid by a child;

(ii)

ensure that no other element is constructed or placed against the inside face of the balustrade glass that can be used by a child to gain a foothold; and

(iii)

ensure that the balcony door is kept locked at all times that the balcony is not being used with the key placed in a position that cannot be accessed by a child.

Window treatments An Owner or Occupier must have consent from the Owners Corporation to place solar film or similar treatments on the internal or external surfaces of glass windows or doors in the Lot.

16.4

Window coverings An Owner or Occupier:

16.5

(a)

may install curtains, blinds, louvres, shutters or other window and door treatments on or in the Lot provided they have an appearance from outside the Lot which is white or off-white; and

(b)

must have consent from the Owners Corporation to place, install or retain curtains, blinds, louvers, shutters and window and door treatments other than those specified in bylaw 16.4(a)

Sun shades An Owner or Occupier must have consent from the Owners Corporation to install a sun shade, sun blind, awning or other sun shading device in the Lot or on Common Property.

16.6

16.7

Screens (a)

An Owner or Occupier must not install Screens to an entry door to a Lot.

(b)

An Owner or Occupier may install Screens which face the exterior of the Building so long as the Screen is finished in a colour matching the colour of the window frames and is consistent with the architectural integrity of the Building. Any enquiries in relation to the colour and finish must be directed to the Owners Corporation.

Barbecues (a)

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An Owner or Occupier may store and operate a portable barbeque on any balcony or terrace of a Lot if: (i)

it is a type permitted under this by-law 16.7;

(ii)

it will not or is not likely to cause damage;

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(b)

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(iii)

it is not or is not likely to become dangerous;

(iv)

the Owner or Occupier keeps it covered when it is not in operation;

(v)

when using a barbeque in a balcony, the Owner or Occupier ensures windows are open to provide appropriate ventilation;

(vi)

the Owner or Occupier keeps it clean and tidy; and

(vii)

the Owner or Occupier complies with this by-law 16.7.

The type of portable barbecue permitted is a covered electric or gas bottle portable barbeque.

Advertising An Owner or Occupier must not, except with the prior approval of the Owners Corporation, erect, display, affix or exhibit in the Strata Parcel any Advertising visible from any Lot or the Common Property or from outside the Strata Parcel, including any 'for sale' or 'for lease' signage.

16.9

Exception for the Developer The Developer may, without obtaining the approval of the Owners Corporation, erect, display, affix or exhibit Advertising on the Common Property, or on any Lot of which the Developer has rights on behalf of the Original Owner, in connection with Selling and Leasing Activities.

16.10 Developer obligations In erecting, displaying, affixing or exhibiting Advertising in accordance with by-law 16.9, the Developer must: (a)

use reasonable endeavours to ensure that other Owners or Occupiers are caused as little inconvenience as is reasonably practicable;

(b)

cause any damage resulting from the Advertising to be repaired in a timely basis and in a good workmanlike manner; and

(c)

comply with all requirements of any Government Authority in respect of erecting, displaying, affixing or exhibiting Advertising under by-law 16.9.

17 Noticeboard The Owners Corporation must cause a noticeboard to be affixed to some part of the Common Property.

18 Internet and Phone Infrastructure (a)

A box containing NBN infrastructure (being the equipment necessary for the provision of internet and phone services to each Lot) is located in the Lot.

(b)

Owners and Occupiers are responsible for any damage that they cause to the NBN infrastructure in their Lot.

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Owners should contact their preferred provider to arrange connection to the NBN infrastructure for internet and phone services to their Lot and for any subsequent troubleshooting or maintenance queries.

19 Rights to enter the Lot In addition to its rights under by-law 21 the Owners Corporation has the right to enter the Lot to operate, inspect, test, treat, use, maintain, repair or replace Common Property. The procedures with which the Owners Corporation must comply when it exercises this right are in the Act.

20 Carrying out Building Work 20.1

20.2

Cosmetic Work (a)

An Owner or Occupier may carry out Cosmetic Work to Common Property in connection with the Lot without the approval of the Owners Corporation.

(b)

An Owner of a Lot must ensure that: any damage caused to any part of the Common Property by the carrying out of Cosmetic Work by or on behalf of the Owner is repaired; and

(ii)

the Cosmetic Work and any repairs are carried out in a competent and proper manner.

Minor Renovations (a)

An Owner or Occupier may carry out Minor Renovations to Common Property in connection with the Lot with the approval of the Owners Corporation given by resolution at a general meeting. The approval may be subject to reasonable conditions imposed by the Owners Corporation but not be unreasonably withheld.

(b)

The Owners Corporation delegates the power to make decisions to carry out Minor Renovations to the Strata Committee.

(c)

The Owner or Occupier of a Lot must ensure that:

(d)

20.3

(i)

any damage caused by carrying out the Minor Renovations under this by-law 20.2 is repaired to the reasonable satisfaction of the Owners Corporation and the relevant Government Authority (if applicable); and

(ii)

the Minor Renovations and any repairs are carried out in a competent and proper manner.

By-laws 20.4(a)(v), 20.4(a)(vi), 20.4(a)(vii), 20.4(c), 20.4(h) and 20.4(i) apply with the necessary changes.

Major Building Work - conditions If an Owner or an Occupier (with the Owner's prior approval) wishes to carry out Major Building Work on the Lot relevant to the Owner or Occupier, and on so much of Common Property the use

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of which is reasonably necessary for the carrying out of the Major Building Work (Affected Common Property), the following conditions apply:

20.4

(a)

the Owner or Occupier must obtain the consent of the Owners Corporation and comply with the obligations under by-law 20.4;

(b)

each of the Owner and the Occupier indemnifies the Owners Corporation against claims, demands and liability of any kind that may arise in respect of damage to any property or death of, or injury to, any person arising out of the carrying out of the Major Building Work contemplated by this by-law 20 and the use of the result of the Major Building Work;

(c)

the Owner and the Occupier must ensure that neither the carrying out of the Major Building Work nor the use of the result of the Major Building Work: (i)

damages, interferes with or interrupts any service lines, pipes or conduits whether Common Property or otherwise;

(ii)

damages or interferes with a wall or any other boundary between Lots; or

(iii)

voids any warranties to which the Owners Corporation or another Owner or Occupier is entitled;

(d)

if any exhaust system is to be installed, other than any exhaust system installed at the time of registration of the Strata Plan, including a kitchen exhaust hood, its size and type must be certified as appropriate by a qualified mechanical consultant; and

(e)

the Owner or Occupier must, if required by law, obtain the consent of all relevant Authorities.

Obligations on Owner or Occupier An Owner or an Occupier desiring to exercise rights under this by-law 20 to carry out Major Building Work must: (a)

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before doing any Major Building Work: (i)

obtain the approval of the Owners Corporation given by special resolution or by-law authorising the Major Building Work;

(ii)

obtain from the Owners Corporation a by-law conferring a Common Property right in respect of the Affected Common Property on the Owner or Occupier (if applicable), in accordance with Part 7 Division 3 of the Act;

(iii)

ascertain from the Building Manager or, if there is no Building Manager, the Strata Manager where service lines, pipes and conduits are located;

(iv)

arrange with the Building Manager or, if there is no Building Manager, the Strata Manager suitable times and means by which access to the Lot may be obtained for the purposes of the Major Building Work;

(v)

if the Owners Corporation so requests provide a certificate from a structural engineer or a services engineer or both that the proposed Major Building Work will not have any adverse effect on Common Property or any Lot;

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(vi)

if the Owners Corporation so requests, provide evidence of such insurances as the Owners Corporation reasonably requires in connection with the Major Building Work to be carried out; and

(vii)

provide copies of all relevant Government Authority approvals required by law to the Owners Corporation;

(b)

comply with the reasonable requirements of the Owners Corporation and the Building Manager or, if there is no Building Manager, the Strata Manager about the times and means by which access to the Lot is obtained and the Major Building Work is carried out;

(c)

only use qualified, reputable and, where appropriate, licensed contractors who have been approved by the Owners Corporation;

(d)

ensure that tradespeople and any persons involved in doing the Major Building Work comply with the reasonable requirements of the Building Manager or, if there is no Building Manager, the Strata Manager about the times and means by which access to the Lot is obtained and the Major Building Work is carried out;

(e)

not damage Common Property, including service lines, pipes of conduits or interfere with, or interrupt them or any of them;

(f)

do the Major Building Work properly and to the reasonable satisfaction of any relevant Government Authority and, in respect of any Common Property which is affected, to the reasonable satisfaction of the Owners Corporation;

(g)

repair any damage caused to Common Property or the property of another Owner or Occupier;

(h)

cause as little disturbance as is reasonably practicable to the Owners and Occupiers of other Lots; and

(i)

at the completion of the Major Building Work, if the Owners Corporation so requests, provide a certificate from a qualified consultant, or consultants, that neither the carrying out of the Major Building Work nor the use of the result of the Major Building Work has: (i)

damaged or interfered with, or will damage or interfere with, any waterproofing membrane or other membrane installed in Common Property; and

(ii)

detrimentally affected, or will detrimentally affect, the acoustic insulation of the Lot.

Consents (a)

In addition to the consent of the Owners Corporation under this by-law 20, an Owner or Occupier must obtain the consent of the Council or any other Government Authority if required.

(b)

Consent of the Owners Corporation to the carrying out of any works or alterations in this by-law will constitute consent to the lodgement of a development application to the Council or any other Government Authority (if required).

(c)

Without limiting the generality of this by-law 20, in giving its consent under by-law 20.2, by-law 34.6 or by-law 34 (as applicable) to an Owner:

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(i)

removing, replacing or altering the floor coverings contained in any Lot, the Owners Corporation may, as a condition of that consent, require the Owner to comply with by-laws 34.4 to 34.9 regardless of whether the floor covering is Relevant Flooring as referred to in by-law 36; or

(ii)

adding, replacing or altering the air conditioning system contained in any Lot, the Owners Corporation may, as a condition of that consent, require the Owner to comply with by-laws 33.3 to 33.6 regardless of whether the air conditioning system forms part of the Air Conditioning Services as referred to in by-law 34.

21 Owner's Corporation may carry out work 21.1

Owners Corporation rights (a)

(b)

(c)

21.2

(i)

which should have been done under these by-laws but has not been done or has not been done properly;

(ii)

to comply with these by-laws including remedying, removing or restoring anything on that Lot which is prohibited under these by-laws; or

(iii)

to gain access to Common Property for any reasonable purpose (including to clean and maintain any part of the Buildings).

If by-law 21.1(a) applies, the Owners Corporation (including any representative, contractor or agent) is entitled to: (i)

enter and remain on the Lot for as long as is necessary; and

(ii)

recover any costs associated with carrying out works under these by-laws from the Owner.

The Owners Corporation must indemnify Owners from and against claims, demands and liabilities of any kind which may arise in respect of damage to any property or death of or injury to any person arising out of the exercise by the Owners Corporation of the rights conferred by this by-law.

Notice (a)

(b)

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The Owners Corporation may do anything on or in a Lot:

An Owner or Occupier must consent to the Owners Corporation entering onto a Lot to carry out work reasonably required to discharge or give effect to the Owners Corporation's obligations to repair and maintain the Building so long as: (i)

reasonable notice is given to the Owner and Occupier whose Lot the Owners Corporation must enter; and

(ii)

the Owners Corporation uses reasonable endeavours to cause as little inconvenience as possible to the Owner and Occupier affected.

By-law 21.1 is in addition to the powers of the Owners Corporation under the Act.

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22 Shopping Trolleys An Owner or Occupier is prohibited from bringing any shopping trolley onto the Common Property except if the shopping trolley is owned by the Owner or Occupier.

23 Agreement for supply of Embedded Network Services 23.1

Power to enter into agreement The Owners Corporation has the power to appoint and enter into agreements with the Embedded Network Parties for the installation of an Embedded Energy Network in the Building for the supply of the:

23.2

(a)

Property Utility Services to the Lots; and

(b)

Common Property Utility Services to the Common Property.

Initial Period The Owners Corporation may enter into agreements with Embedded Network Parties during the Initial Period.

23.3

Agreement during the Initial Period If the Owners Corporation enters into an agreement with the Embedded Network Parties during the Initial Period: (a)

if the agreement appoints the Embedded Network Parties to assist the Owners Corporation in the management, control or use of Common Property and the term of the agreement extends beyond the date of the first annual general meeting of the Owners Corporation (or other minimum period permitted by law), or otherwise falls within the Initial Period Restrictions, the agreement must be ratified by the Owners Corporation at the first annual general meeting of the Owners Corporation;

(b)

the Owners Corporation may agree to pay the Embedded Network Parties market based rates for the supply of the Property Utility Services to the Lots and the Common Property Utility Services to the Common Property;

(c)

the Owners Corporation may agree that the agreement is binding on the Owners Corporation in respect of the supply of the Common Property Utility Services to the Common Property and all Owners in respect of the supply of Property Utility Services to Lots;

(d)

the Owners Corporation may agree to pay the Embedded Network Parties a fee for initial set up costs incurred by the Embedded Network Parties that will be payable if, when applicable, the appointment of the Embedded Network Parties is not ratified by the Owners Corporation at the first annual general meeting; and

(e)

the Owners Corporation may agree that if the appointment of the Embedded Network Parties is not ratified by the Owners Corporation at the first annual general meeting or if the agreement with the Embedded Network Parties is terminated at any time, the Embedded Network Parties will be entitled to remove any meters and other equipment

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that are, in the agreement, identified as being the property of the Embedded Network Parties.

23.4

Agreements after the Initial Period If the Owners Corporation enters into an agreement with the Embedded Network Parties after the Initial Period:

23.5

(a)

the term of the agreement may be for the period agreed by the Owners Corporation which in each case should not exceed the period permitted by law;

(b)

the pricing of the Common Property Utility Services and the Property Utility Services supplied under the agreement may be as agreed by the Owners Corporation; and

(c)

What provisions must be included in an agreement? An agreement between the Owners Corporation (in its own right) and the Embedded Network Parties must have provisions about: (a)

the rights of the Owners Corporation and Owners to terminate the agreement early if the Embedded Network Parties do not properly perform their functions or comply with their obligations under the agreement; and

(b)

the rights of the Embedded Network Parties to remove any meters and other equipment that are, in the agreement, identified as being the property of the Embedded Network Parties or the right of the Owners Corporation to acquire those meters and other equipment from the Embedded Network Parties, if the agreement with the Embedded Network Parties is terminated.

24 Common Property 24.1

Easements Where some items of Common Property are burdened by easements, the Owner or Occupier of the Lot and the Owners Corporation:

24.2

(a)

must comply with their obligations under those easements; and

(b)

must not do anything to prevent the benefited parties under those easements from exercising their rights to use Common Property under those easements.

What are your obligations? Subject to the by-laws, the Owner or Occupier must: (a)

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use Common Property equipment only for its intended purpose;

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(b)

immediately notify the Owners Corporation if the Owner or Occupier knows about damage or a defect in Common Property; and

(c)

compensate the Owners Corporation for any damage to Common Property caused by an Owner or Occupier, their visitors or persons doing work or carrying out building works on the Building on their behalf.

When will you need consent from the Owners Corporation? Subject to the by-laws the Owner or Occupier must have consent from the Owners Corporation to: (a)

interfere with or damage Common Property;

(b)

remove anything from Common Property that belongs to the Owners Corporation; or

(c)

interfere with the operation and Common Property equipment.

25 Security at the Strata Scheme 25.1

Obligations of the Owners Corporation The Owners Corporation must take reasonable steps to stop intruders coming into the Strata Scheme and prevent fire and other hazards.

25.2

Installation of security equipment The Owners Corporation has the power to install and operate in Common Property audio and visual security cameras and other audio and visual surveillance equipment for the security of the Strata Scheme.

25.3

Restricting access to Common Property Subject to this by-law 25, the Owners Corporation has the power to:

25.4

(a)

close off or restrict by Security Key access to parts of Common Property that do not give access to a Lot;

(b)

restrict by Security Key access to levels in the Strata Scheme where an Owner or Occupier does not own or occupy a Lot or have access to according to a Common Property Rights By-law;

(c)

charge the Owner or Occupier a fee or bond if an Owner or Occupier requests additional or replacement Security Keys; and

(d)

allow security personnel employed or contracted by the Owners Corporation to use part of the Common Property to operate or monitor security of the Strata Scheme and the Building.

Providing owners and occupiers with Security Keys If the Owners Corporation exercises its rights under by-law 25.3, it may provide the Owner or Occupier with a Security Key for the relevant part of the Common Property.

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Managing the Security Key system for Common Property The Owners Corporation has the power to:

25.6

(a)

re-code Security Keys it issues for Common Property;

(b)

require an Owner or Occupier to promptly return Security Keys it issues to them to the Owners Corporation to be re-coded; and

(c)

undertake an annual audit of Security Keys and, if required, deactivate any Security Keys found to be lost, missing, or in the possession of unauthorised persons.

What are your obligations? (a)

25.7

In regard to Security Keys issued by the Owners Corporation according to this by-law 25, the Owner or Occupier must: (i)

comply with the reasonable instructions of the Owners Corporation about Security Keys and, in particular, instructions about re-coding and returning Security Keys;

(ii)

take all reasonable steps not to lose Security Keys;

(iii)

immediately notify the Owners Corporation if you lose a Security Key; and

(iv)

return Security Keys to the Owners Corporation if the Owner or Occupier does not need them or if they are no longer an owner or occupier.

Closing doors The Owner or Occupier must take reasonable care to make sure that fire and security doors in the building are locked or closed when they are not being used.

25.8

Procedures if you lease your Lot If an Owner or Occupier leases or licenses their Lot, they must include a requirement in the lease or licence that the occupier returns Security Keys issued by the Owners Corporation to the Owners Corporation when they no longer occupy that Lot.

25.9

Some prohibitions An Owner or Occupier must not: (a)

copy a Security Key or give a Security Key to someone who is not an Owner or Occupier;

(b)

interfere with security cameras or surveillance equipment; or

(c)

do anything that might prejudice the security or safety of the Strata Scheme.

26 Planter Boxes (a)

The Owners Corporation must maintain all planter boxes contained within Common Property, including replacing damaged diseased or dead plants, where practicable, with a plant of the same species and similar size.

(b)

An Owner or Occupier must keep all planter boxes within the Owner or Occupier's Lot, clean and tidy.

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27 Use Data Consumption (a)

Consumption of various services to the Lots are individually metered such as electricity, hot water heating energy, energy in air conditioning refrigerant, cold water, recycled water and hot water.

(b)

Consumption data is monitored and collected (usually remotely) by private and public utility providers.

(c)

Each Owner and Occupier authorises and consents to the Owners Corporation, the Strata Manager and the relevant private and public utility providers: (i)

monitoring and collecting consumption data;

(ii)

receiving consumption data from any private or public utility provider; and

(iii)

using that consumption data for reasonable purposes, including charging Owners or Occupiers for services by the Owners Corporation.

(d)

The Owners Corporation must take reasonable steps to preserve the privacy of each Owner's and Occupier's consumption data.

(e)

The Owners Corporation may access a Lot on reasonable notice for the purposes of installing, reading, repairing, upgrading or replacing consumption metering equipment.

(f)

A relevant private or public utility provider may reasonably access the Common Property for the purposes of installing, reading, repairing, upgrading or replacing consumption metering equipment.

28 Rules 28.1

Powers of the Owners Corporation The Owners Corporation has the power to make rules about the security, control, management, operation, use and enjoyment of the Strata Scheme and, in particular, the use of the Common Property.

28.2

Changing rules The Owners Corporation may add to or change the rules at any time.

28.3

What are your obligations? All owners or occupiers of a Lot must comply with the rules.

28.4

What if a rule is inconsistent with the by-laws? If a rule is inconsistent with the by-laws or the requirements of a Government Authority, the by-laws or requirements of the Government Authority prevail to the extent of the inconsistency.

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29 Failure to comply with by-laws 29.1

What can the Owners Corporation do? The Owners Corporation may do anything on the Lot which the Owner or Occupier should have done under the Act or the by-laws but which the Owner or Occupier of the Lot have not done or, in the opinion of the Owners Corporation, have not done properly.

29.2

Procedures The Owners Corporation must give an Owner or Occupier a written notice specifying when it will enter the Lot to do the work. The Owner or Occupier of the Lot must:

29.3

(a)

give the Owners Corporation (or persons authorised by it) access to the Lot according to the notice and at their cost; and

(b)

pay the Owners Corporation for its cost for doing the work.

Recovering money The Owners Corporation may recover any money an Owner or Occupier owes it under the by-law as a debt.

30.

Agreement with Building Manager

30.1

Building Management Agreement (a)

In addition to its powers under the Act, the Owners Corporation has the power under this by-law 30 to appoint and enter into an agreement (Building Management Agreement) with an appropriately qualified person (Building Manager) to provide services to the Owners Corporation and the Building, including building management, asset maintenance, contract management, operational services and do anything else that the Owners Corporation agrees is necessary for the management and operation of the Strata Parcel or the Strata Scheme, at a fee.

(b)

The duties of the Building Manager under a Building Management Agreement may include, without limitation:

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(i)

caretaking, supervising and servicing Common Property;

(ii)

supervising the cleaning, repair, maintenance, renewal or replacement of Common Property;

(iii)

arranging for the inspection and certification of plant and equipment as required by laws;

(iv)

providing services to the Owners Corporation, Owners and Occupiers including, without limitation, the services of a handyperson and cleaning services;

(v)

supervising employees and contractors of the Owners Corporation;

(vi)

coordinating and managing collection of garbage and recyclable materials; and

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30.2

Strata Plan By-Laws

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doing anything else that the Owners Corporation or Strata Manager agrees is necessary for the operation and management of the Building.

Cost The cost of any Building Management Agreement is payable by all Owners on a unit entitlement basis.

30.3

Interference An Owner or Occupier or any Invitee must not: (a)

interfere with or stop the Building Manager performing their obligations or exercising their rights under their agreement with the Owners Corporation; or

(b)

interfere with or stop the Building Manager using such parts of the Common Property as the Owners Corporation permits them to use from time to time.

31 Pool Area 31.1

Access An Owner or Occupier of a Lot may access and use the Pool Area on the terms of this by-law.

31.2

Rules An Owner or Occupier of a Lot must: (a)

only use the Pool Area during the hours of 7am to 8pm, or 7am to 9pm during daylight savings hours;

(b)

leave the Pool Area in a clean and tidy state;

(c)

ensure any children under the age of 16 are accompanied by a responsible adult and appropriately supervised by exercising effective control;

(d)

ensure no glass objects are to be taken into the Pool Area and its surrounds;

(e)

cause as little inconvenience or nuisance as is practicable to other Owners and Occupiers during use of the Pool Area including by not generating excessive noise including loud music;

(f)

not do anything that damages or might damage any equipment in the Pool Area;

(g)

comply with the Rules made by the Owners Corporation;

(h)

comply with the requirements of the Building Manager; and

(i)

ensure any Invitee of the Owner of Occupier comply with this by-law.

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Damage Any damage caused to the Pool Area, any Pool Area equipment or any part of the Building caused by an Owner or Occupier of a Lot (or their Invitee) must be made good by and at the cost of the Owner or Occupier of a Lot in a proper and workmanlike manner and to the satisfaction of the Owners Corporation.

32 Electric Vehicle Charge Points 32.1

Common Property Rights by-law This is a Common Property Rights By-Law for the purposes of section 142 of the Act. The Owners Corporation may amend or cancel this by-law in so far as it relates to a Lot only by special resolution and with the written consent of a Lot on which this by-law is conferred. By-laws 32.2 to 32.5 apply to this Common Property Rights By-Law.

32.2

32.3

Exclusive Use (a)

The Owner of a Lot may seek the Owners Corporation consent for the installation by the Owner of an Electric Vehicle Charge Point on Common Property (together with any stand for the charging unit which is unable to be located in the Owner’s Lot) to enable the electric vehicle charging of a car within the Owner's Car Space.

(b)

If the Owners Corporation consents to the installation of an Electric Vehicle Charge point on Common Property by an Owner: (i)

the Owners Corporation must by notice to the Owner specify the area of Common Property on which the Owner may install the Electric Vehicle Charge Point and stand for the charging unit if applicable (Electric Vehicle Charge Point Area);

(ii)

the Owner has: (A)

exclusive use and enjoyment of the Electric Vehicle Charge Point Area on which the Electric Vehicle Charge Point is located and which exclusively services that Lot; and

(B)

the special privilege to connect to and use the Electric Vehicle Charge Point.

Owners Obligations including Maintenance An Owner or Occupier must, at the cost of the Owner or Occupier: (a)

install, operate, maintain, repair and, where necessary, replace the Electric Vehicle Charge Point exclusively servicing that Owner's Lot;

(b)

use contractors approved by the Owners Corporation to install, maintain, repair and replace the Electric Vehicle Charge Point exclusively servicing that Owner's Lot;

(c)

comply with the requirements of Government Agencies about Electric Vehicle Charge Points;

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32.5

Strata Plan By-Laws

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(d)

maintain and repair any part of the Common Property where Electric Vehicle Charge Points (or any part of them) are fitted and installed (excluding structural maintenance and repairs); and

(e)

be responsible for all electricity, water and associated running and maintenance costs for Electric Vehicle Charge Points which exclusively service that Owner's Lot.

Owners Corporation Obligations including Maintenance (a)

The Owners Corporation must operate, maintain, repair and, where necessary, replace Electric Vehicle Charge Points which are not for the exclusive use of a Lot including the shared pipes, wires and ducts which service the building.

(b)

The costs of the Owners Corporation incurred under this by-law is payable by all Owners proportionately according to the relative proportions of their respective unit entitlements of their lots.

Make Good and Indemnity (a)

Damage to the Common Property as part of the Owner's responsibility for the Electric Vehicle Charge Point under this by-law caused directly or indirectly by an Owner or Occupier must be made good by and at the cost of that Owner in a proper and workmanlike manner and to the satisfaction of the Owners Corporation.

(b)

An Owner must indemnify the Owners Corporation from and against claims, demands and liabilities of any kind which may arise in respect of damage to any property or death of or injury to any person arising out of the exercise by the Owner or Occupier of a Lot of the rights conferred by this by-law.

33 Air Conditioning 33.1

Common Property Rights by-law This is a Common Property Rights By-Law for the purposes of section 142 of the Act. The Owners Corporation may amend or cancel this by-law in so far as it relates to a Lot only by special resolution and with the written consent of a Lot on which this by-law is conferred. By-laws 33.2 to 33.6 apply to this Common Property Rights By-Law.

33.2

Exclusive Use The Owner of each Lot has: (a)

exclusive use and enjoyment of that part of the Common Property on which the relevant Air Conditioning Services are located and which exclusively service that Lot;

(b)

the special privilege to connect to and use the Air Conditioning Services which exclusively service that Lot; and

(c)

the special privilege to connect to and use Air Conditioning Services necessary to operate the Air Conditioning plant and equipment which exclusively service that Lot.

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Strata Plan By-Laws Office Use Only

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Owners Obligations including Maintenance An Owner or Occupier must, at the cost of the Owner or Occupier:

33.4

33.5

33.6

(a)

operate, maintain, repair and, where necessary, replace Air Conditioning Services exclusively servicing that Owner's Lot together with Lot Air Conditioning Services;

(b)

use contractors approved by the Owners Corporation to maintain, repair and replace Air Conditioning Services exclusively servicing that Owner's Lot;

(c)

comply with the requirements of Government Agencies about Air Conditioning services;

(d)

maintain and repair any part of the Common Property where Air Conditioning Services (or any part of them) are fitted and installed (excluding structural maintenance and repairs); and

(e)

be responsible for all electricity, water and associated running and maintenance costs for Air Conditioning Services which exclusively service that Owner's Lot together with Lot Air Conditioning Services.

Owners Corporation Obligations including Maintenance (a)

The Owners Corporation must operate, maintain, repair and, where necessary, replace Air Conditioning Services which are not for the exclusive use of a Lot including the shared pipes, wires and ducts which service the building.

(b)

The costs of the Owners Corporation incurred under this by-law is payable by all Owners proportionately according to the relative proportions of their respective unit entitlements of their lots.

Air conditioning on balconies and terraces (a)

Where components of the Air Conditioning Services are not accessible from the Owner or Occupier's Lot, the Owners Corporation must provide access to the Owner or Occupier upon the giving of reasonable notice.

(b)

Subject to by-law 20, Owners and Occupiers must not install or affix any additional air conditioning systems on balconies or terraces of that Owner or Occupier's Lot.

Make Good and Indemnity (a)

Damage to the Common Property as part of the Owner's responsibility for the Air Conditioning Services under this by-law caused directly or indirectly by an Owner or Occupier must be made good by and at the cost of that Owner in a proper and workmanlike manner and to the satisfaction of the Owners Corporation.

(b)

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34 Floor coverings 34.1

34.2

Common Property Rights By-law (a)

This is a Common Property Rights By-Law for the purposes of section 142 of the Act. The Owners Corporation may amend or cancel this by-law in so far as it relates to a Lot only by special resolution and with the written consent of the Owner of a Lot on which this by-law is conferred. By-laws 34.2 to 34.9 apply to this Common Property Rights By-Law.

(b)

In this By-Law, 'Relevant Flooring' means floor boards, stone tiles or other such floor covering which is affixed in such a way as to comprise Common Property.

(c)

The Owner of each Lot is given a right of exclusive use and enjoyment of that part of the Common Property on which the Relevant Flooring is affixed.

Maintenance An Owner or Occupier is responsible for cleaning, maintaining, repairing and replacing the Relevant Flooring, and not the Owners Corporation.

34.3

Insurance An Owner or Occupier of a Lot that contains Relevant Flooring must effect and maintain contents insurance for the full reinstatement value of the Relevant Flooring.

34.4

34.5

Noise (a)

An Owner or Occupier must ensure that all Relevant Flooring is covered or otherwise treated to stop transmission of noise that might unreasonably disturb the peaceful enjoyment of another Owner or Occupier.

(b)

This by-law does not apply to Relevant Flooring comprising a kitchen, laundry, lavatory or bathroom.

Standard Without limiting the requirements of this by-law, if an Owner or Occupier has or wishes to replace Relevant Flooring within an Owner's Lot to another finish, the minimum sound transmission standard to be achieved for the floor finish must be the following standards set by the Australian Association of Acoustical Consultants (AAAC): (a)

Hard floor finishes 4 star rating; and

(b)

Soft floor finishes 6 star rating,

or any other equivalent standard as set by the AAAC (or other equivalent or replacement body) from time to time and shall generally be compliant with the requirements of the Building Code of Australia or the requirements of the Council, whichever may be the greater. Where this by-law is in conflict with other by-laws, the standard set in this by-law takes precedence.

34.6

Consent Subject to by-law 20.2, an Owner must obtain the consent of the Owners Corporation before changing or altering the Relevant Flooring within a Lot. The Owners Corporation must deal

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promptly with a request for consent under this by-law and must not unreasonably refuse such request provided a report satisfying the requirements set out in by-law 34.5 has been furnished to the Owners Corporation. Any application made under this by-law 34.6 must be made by an Owner. Occupiers are not permitted to make an application under this by-law 34.6 and any applications made by an Occupier will not be considered by the Owners Corporation.

34.7

Report An application for consent by an Owner under by-law 34.6 must include a report from a qualified acoustic engineer that analyses the proposed floor finish, method of installation and the effect on sound transmission, including impact noise, following installation. The report must state that the proposed floor finish will not breach by-law 34.4 and will comply with by-law 34.5.

34.8

34.9

Certificate (a)

Following the installation of a floor finish, to demonstrate compliance with this by-law, an Owner must provide the Owners Corporation with a certificate from a qualified acoustic engineer. The certificate must state that the qualified acoustic engineer has tested the floor finish as installed to ensure that the installation and resulting sound transmission meet the parameters set out in this by-law including those in the report required under by-law 34.7. If such a certificate is not provided to the Owners Corporation within 3 months of installation of the new floor finish, the Owners Corporation has the right to require the new floor finish to be replaced with an alternative floor finish at the cost of the Owner.

(b)

The Owner's Corporation may at any stage conduct further inspections and testing of the floor finish (at the expense of the Owner's Corporation) to ensure continued compliance with by-law 34.4.

(c)

If the results of the further inspections and testing carried out by the Owners Corporation under by-law 34.8(a) show that there is non-compliance with the standard set out in bylaw 34.4, the Owners Corporation may request that the Owner carry out all works necessary for the floor finish to comply with the standard set out in by-law 34.4 within 14 days of the Owners Corporation's request.

(d)

If the Owner does not carry out all works necessary for the floor finish to comply with the standard set out in by-law 34.4 within 14 days of the Owners Corporation's request, the Owners Corporation has the right to require the new floor finish to be replaced with an alternative floor finish at the cost of the Owner.

Furniture Where Relevant Flooring has been installed (whether by the Developer on behalf of the Original Owner or otherwise) an Owner or Occupier must ensure that any item of furniture or the like that is placed directly on the Relevant Flooring is fitted with pads or the like (such as self adhesive heavy duty felt) to minimise the transmission of noise when that item is moved over the floor.

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35 Hot Water System 35.1

Central Hot Water Plant The consumption of hot water in each Lot is individually metered. The Embedded Network Parties pay for the supply of electricity to the Central Hot Water Plant on its own account.

35.2

Common Property Rights by-law This is a Common Property Rights By-Law for the purposes of section 142 of the Act. The Owners Corporation may amend or cancel this by-law in so far as it relates to a Lot only by special resolution and with the written consent of the Owner of a Lot on which this by-law is conferred. By-laws 35.1 and 35.3 to 35.5 apply to this Common Property Rights By-Law.

35.3

Exclusive Use Excluding the hot water flow meter (and its associated data telemetry) exclusively servicing each Lot, each Owner is granted the exclusive use and enjoyment of that part of the Hot Water System exclusively servicing its Lot and the special privilege to draw hot water from the Central Hot Water Plant so long as the Owner or Occupier pays to the Embedded Network Parties for water heating as determined under by-law 35.5(a).

35.4

35.5

Owners Corporation Obligations including Maintenance (a)

The Owners Corporation must operate, maintain, repair and, where necessary, replace the Hot Water System.

(b)

The costs of the Owners Corporation incurred under by-law 35.4 is payable by all Lot Owners proportionately according to the relative proportions of their respective unit entitlements of their lots.

Embedded Network Parties Rights and Obligations including Maintenance (a)

The Embedded Network Parties may determine from time to time the tariff in units of cents per litre which the Embedded Network Parties under bylaw 35.5(f) will charge for the heating of hot water supplied to and consumed in the Lots and the Common Property.

(b)

The Embedded Network Utilities Parties will separately meter and invoice the Owners Corporation for heating of hot water consumed within the Common Property. The cost of this consumption of hot water will not be charged to individual Owners but must be paid out of the administrative fund.

(c)

The other costs of the water heating service such as operations, maintenance and repair are not included in the charges made to Owners and must be paid by the Embedded Network Parties.

(d)

The Embedded Network Parties must operate, maintain, repair and, where necessary, replace the Central Hot Water Plant.

(e)

The cost of repair, maintenance, replacement or upgrade of the Central Hot Water Plant must be paid by the Embedded Network Parties and is excluded from the charges made to Owners in respect of capital works fund levies.

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(f)

Owners and Occupiers must pay the charges made by the Embedded Network Parties under this by-law 35 in accordance with the terms and conditions of the hot water customer agreement as reasonably set by the Embedded Network Parties from time to time.

(g)

The Embedded Network Parties may include the following terms as part of its terms of supply:

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(i)

it may require a bond or security deposit to act as security for payment of charges under this by-law 35; and

(ii)

the Embedded Network Parties may disconnect an Occupier's or Owner's hot water supply if charges are not paid within a reasonable time.

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Strata Plan By-Laws

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Signing page THE COMMON SEAL of

) )

THE COUNCIL OF THE CITY OF SHELLHARBOUR

) ) )

was affixed on

)

……….…………………………….…...

)

Mayor

) )

pursuant to a resolution made on

) )

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……………………………………… Chief Executive Officer/Public Officer

Attachment 6 Certificate of Title 5071/1238340

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Attachment 7 Deposited Plan 1238340

Attachment 8 Easements and encumbrances

Attachment 9 Section 10.7(2)(5) Certificate

Applicant: InfoTrack Pty Ltd GPO Box 4029 SYDNEY NSW 2001 ecertificates@infotrack.com.au PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 Applicants Reference:

4510/2021

Certificate No:

PL0702/2021

Print Date:

22 March 2021

LAND DESCRIPTION: 15 Cormorant Way SHELL COVE NSW 2529 Lot 5071 DP 1238340 Land ID: 36411 Disclaimer Information contained in this certificate relates only to the land for which this certificate is issued on the day it is issued. This information is provided in good faith and the Council shall not incur any liability in respect of any such advice. Council relies on state agencies for advice and accordingly can only provide that information in accordance with the advice. Verification of the currency of agency advice should occur. For further information, please contact Council’s Customer Service Section. Title Information Title information shown on this Planning Certificate is provided from Council’s records and may not conform to information shown on the current Certificate of Title. Easements, restrictions as to user, rights of way and other similar information shown on the title of the land are not provided on this planning certificate. Inspection of the land The Council has made no inspection of the land for the purposes of this Planning Certificate.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... PART A: INFORMATION PROVIDED UNDER SECTION 10.7 (2) Matters contained in this certificate apply only to the land on the date of issue. 1.

Name of Relevant Planning Instruments and DCPs

1.1

Which environmental planning instruments apply to the carrying out of development on the land? Local Environmental Plan

Shellharbour Local Environmental Plan 2013. Reference should also be made to NSW Legislation website www.legislation.nsw.gov.au for full details regarding this LEP. State Environmental Planning Policies SEPP No 21 - Caravan Parks. The policy provides that where caravan parks or camping grounds are permissible under the environmental planning instrument, movable dwellings, as defined under the Local Government Act, 1919, are permissible. SEPP No 33 - Hazardous & Offensive Development. Provides new definitions for 'hazardous industry', 'hazardous storage establishment', 'offensive industry' and 'offensive storage establishment'. The policy also requires specified matters to be considered for proposals that are 'potentially hazardous' or 'potentially offensive' as defined in the policy. SEPP No 36 - Manufactured Home Estates. The policy -(i) defines where Manufactured Home Estates (MHEs) may be permitted and establishes criteria for the granting of development consent to these estates, - (ii) enables, with development consent, the subdivision of MHEs, provided such subdivision complies with the provisions of the Local Government (Manufactured Home Estates) Regulation 1993. SEPP No 50 - Canal Estate Developments. This policy provides that where the policy applies, a person shall not carry out canal estate development as defined in the policy. SEPP No 55 - Remediation Of Land. The policy aims to promote the remediation of contaminated land for the purpose of reducing risk of harm to human health or any other aspect of the environment. The policy applies to the whole state to ensure that remediation is permissible development and is always carried out to high standard. It specifies when consent is required for remediation and lists considerations that are relevant when rezoning land and determining development applications. SEPP No 64 - Advertising And Signage. The policy aims to improve the amenity of urban and natural settings by managing the impact of outdoor advertising. SEPP No 65 - Design Quality Of Residential Flat Development. The policy raises the design quality of residential flat development across the state

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... through the application of a series of design principles. Provides for the establishment of Design Review Panels to provide independent expert advice to councils on the merit of residential flat development. The accompanying regulation requires the involvement of a qualified designer throughout the design, approval and construction stages. SEPP No 70 - Affordable Housing (Revised Schemes). The policy extends the life of affordable housing provisions relating to: Sydney Regional Environmental Plan No 26 - City West, Willoughby Local Environmental Plan 1995, South Sydney Local Environmental Plan 1998. SEPP - Building Sustainability Index: Basix 2004. This policy applies to all new single dwelling houses or dual occupancy development from 1st July 2005, and to all new multi-dwelling development or alterations and additions from 1st October 2005. BASIX is a web based tool designed to assess the potential performance of residential buildings against sustainability criteria. Details are available at www.basix.nsw.gov.au or by contacting NSW Department of Infrastructure Planning and Natural Resources. SEPP - (State Significant Precincts) 2005. This policy identifies the criteria for state significant development to be determined by the Minister for Infrastructure and Planning. This will facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the state. SEPP - (Housing for Seniors or People with a Disability) 2004. The policy aims to encourage the development of high quality accommodation for our ageing population and for people who have disabilities - housing that is in keeping with the local neighbourhood. SEPP - (Mining, Petroleum Production and Extractive Industries) 2007. This SEPP aims to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State. The policy also aims to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources and to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment and sustainable management, of development of mineral, petroleum and extractive material resources. SEPP - (Infrastructure) 2007. The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by: a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and b) providing greater flexibility in the location of infrastructure and service facilities, and c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and e) identifying matters to be considered in the assessment of development adjacent

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... to particular types of infrastructure development, and f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing. SEPP - (Exempt & Complying Development Codes) 2008. This policy aims to provide streamlined assessment processes for development that complies with specified development standards by identifying in the General Exempt Development Code the types of development that may be carried out without the need for development consent and in the Complying Development Codes the types of complying development that may be carried out in accordance with a complying development certificate. SEPP - State Environmental Planning Policy (Affordable Rental Housing) 2009. The aims of this Policy are as follows: a) to provide a consistent planning regime for the provision of affordable rental housing, b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards c) to facilitate the retention and mitigate the loss of existing affordable rental housing d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing, e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing f) to support local business centres by providing affordable rental housing for workers close to places of work g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation. SEPP - State Environmental Planning Policy (State & Regional Development) 2011. The SEPP aims to: a) Identify development that is State significant development, b) to identify development that is State significant infrastructure and critical State significant infrastructure, c) to confer functions on joint regional planning panels to determine development applications. SEPP - State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007. This Policy aims to: a) to provide that the erection of temporary structures is permissible with consent across the State, b) to ensure that suitable provision is made for ensuring the safety of persons using temporary structures, c) to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by specifying relevant matters for consideration, d) to provide that development comprising the subdivision of land, the erection of a building or the demolition of a building, to the extent to which it does not

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... already require development consent under another environmental planning instrument, cannot be carried out except with development consent. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. The aims of this Policy are to: (a) protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and (b) preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation. State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017. This Policy aims to facilitate the effective delivery of educational establishments and early education and care facilities across the State. State Environmental Planning Policy (Primary Production and Rural Development) 2019 The aims of this Policy are to: x Facilitate the orderly economic use and development of lands for primary production x Reduce land use conflict x Identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land and x Simplify the regulatory process for smaller-scale low risk artificial waterbodies. Deemed SEPP's (Regional Environmental Plans) No Deemed SEPPs apply to the land. 1.2

Which proposed environmental planning instruments apply to the carrying out of development on the land that is or has been the subject of community consultation or public exhibition? Planning Proposal - Local Environmental Plan No exhibited Draft Local Environmental Plans. Draft State Environmental Planning Policies Standard Instrument LEP - introduction of a definition of short term rental accommodation that is not a form of tourist and visitor accommodation and is permissible in all zones in which dwellings are permissible. State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 - Short Term Rental Accommodation. The key changes to the State Environmental Planning Policy include specific provisions and required development standards so that Short Tern Rental Accommodation is permitted as exempt or complying development and include minimum fire safety and evacuation requirements for individual premises used for Short Term Rental Accommodation.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Full details of the Standard Instrument LEP and State Environmental Planning Policy changes can be found on the website of the NSW Department of Planning & Environment www.planning.nsw.gov.au The Draft Housing Diversity SEPP proposes to: 1. introduce new definitions for build-to-rent housing, student housing and coliving; 2. amend some state-level provisions, particularly regarding boarding house and seniors housing development; 3. amend the state-level planning provisions used by the NSW Land and Housing Corporation (LAHC) for social housing developments undertaken on Government-owned land; and 4. consolidate three housing-related SEPPs • State Environmental Planning Policy (Affordable Rental Housing) 2009 • State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 • State Environmental Planning Policy No 70 - Affordable Housing (Revised Schemes). It is also proposed to simplify the pathway for major LAHC projects, such as those within the Communities Plus program, to become State Significant Development (SSD) under the State Environmental Planning Policy (State and Regional Development (2011). Full details can be found at https://www.planning.nsw.gov.au/Policy-andLegislation/Housing/Diverse-and-affordable-housing 1.3

Which development control plans apply to the carrying out of development on the land? The Shellharbour Development Control (DCP) is Council's only DCP and applies to all of the Shellharbour City Council area except for the land at Calderwood covered by the Major Development State Environmental Planning Policy. The DCP covers many forms of development including residential, commercial and industrial and will potentially apply to any development within the Shellharbour City Council area that requires development consent. Section 79C of the Environmental Planning and Assessment Act lists a DCP as a matter for consideration in determining a development application. Draft Exhibited Development Control Plan No exhibited draft Development Control Plans apply to the land. Technical Policies Shellharbour City Council Stormwater Policy. Council has adopted the Shellharbour City Council Stormwater Policy that would apply to all lots within the Shellharbour City Local Government Area.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Exhibited Technical Policies There are no Exhibited Technical Policies on this land. 1.4

In this clause, proposed environmental planning instrument includes a planning proposal for the LEP or a draft environmental planning instrument.

ZONING AND LAND USE UNDER RELEVANT LEPs For each environmental planning instrument or proposed instrument referred to in clause 1 above (other than a SEPP or proposed SEPP) that applies to the land:

2.1

What is the identity of the zoning for the land? Shellharbour LEP 2013 - R3 Medium Density Residential.

2.2

For what purposes may development be carried out within the zone without the need for development consent? Shellharbour LEP 2013 - R3: Home occupations.

2.3

For what purposes may development not be carried out within the zone except with development consent? Shellharbour LEP 2013 - R3: Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Building identification signs; Business identification signs; Centre-based child care centres; Community facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Jetties; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture; Water reticulation systems. Exceptions Shellharbour LEP 2013 - No.

2.4

For what purposes is development prohibited within the zone? Shellharbour LEP 2013 - R3: Pond-based aquaculture; Rural workers' dwellings; Any other development not specified in clause 2.2 or 2.3.

2.5

Are there any development standards applying to the land which fix minimum land dimensions for the erection of a dwelling house on the land and, if so, the minimum land dimensions so fixed? Shellharbour LEP 2013 - No. Note: A minimum lot size applies to all land shown on the Lot Size Map and/or as outlined in Shellharbour LEP 2013 written instrument.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Note: A clause for the subdivision of certain split zoned land applies as outlined in the Shellharbour LEP 2013 written instrument. 2.6

Does the land include or comprise a critical habitat? Shellharbour LEP 2013 - No.

2.7

Is the land in a conservation area? Shellharbour LEP 2013 - No.

2.8

Is an item of environmental heritage situated on the land? Shellharbour LEP 2013 - No.

ZONING AND LAND USE UNDER STATE ENVIRONMENTAL PLANNING POLICY (SYDNEY REGION GROWTH CENTRES) 2006 This clause does not apply to the land.

COMPLYING DEVELOPMENT

3.1

The extent to which the land is land on which complying development may be carried out under each of the codes for complying development because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

3.2

The extent to which complying development may not be carried out on that land because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of that Policy and the reasons why it may not be carried out under those clauses.

3.3

If the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land, a statement that a restriction applies to the land, but it may not apply to all of the land, and that the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land. Housing Code Complying development under the Housing Code MAY be carried out on the land. Rural Housing Code Complying development under the Rural Housing Code MAY be carried out on the land.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Low Rise Housing Diversity Code Complying development under the Low Rise Housing Diversity Code MAY be carried out on the land. Greenfield Housing Code Complying Development under the Greenfield Housing Code MAY NOT be carried out on the land. Housing Alterations Code Complying development under the Housing Alterations Code MAY be carried out on the land. General Development Code Complying development under the General Development Code MAY be carried out on the land. Commercial and Industrial Alterations Code Complying development under the Commercial and Industrial Alterations Code MAY be carried out on the land. Commercial and Industrial (New Buildings and Additions) Code Complying development under the Commercial and Industrial (New Buildings & Additions) Code MAY be carried out on 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. Fire Safety Code Complying development under the Fire Safety Code MAY be carried out on the land. Container Recycling Facilities Code Complying development under the Container Recycling Facilities Code MAY be carried out on the land. 4B

ANNUAL CHARGES UNDER LOCAL GOVERNMENT ACT 1993 FOR COASTAL PROTECTION SERVICES THAT RELATE TO EXISTING COASTAL PROTECTION WORKS Whether the owner (or any previous owner) of the land has consented in writing to the land being subject to annual charges under section 496B of the Local

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Government Act 1993 for coastal protection services that relate to existing coastal protection works (within the meaning of section 553B of that Act)? Not applicable. 5.

MINE SUBSIDENCE

5.1

Is the land proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act 1961? No.

ROAD WIDENING AND ROAD REALIGNMENT

6.1

Is the land affected by any road widening or road realignment under:

(A)

Division 2 of Part 3 of the Roads Act 1993? No.

(B)

Any environmental planning instrument? No.

(C)

Any resolution of the Council? No.

COUNCIL AND OTHER PUBLIC AUTHORITY POLICIES ON HAZARD RISK RESTRICTIONS. Is the land affected by a policy either adopted by Council OR adopted by any other public authority and notified to the Council (for the express purposes of its adoption by that authority being referred to in planning certificates issued by the Council) that restricts the development of the land because of the likelihood of:

7.1

Landslip No.

7.2

Bushfire No.

7.3

Tidal Inundation No.

7.4

Subsidence No.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... 7.5

Acid Sulphate Soils No

7.6

Any other risk No.

FLOOD RELATED DEVELOPMENT CONTROLS INFORMATION

7A.1

Is development on the land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) subject to flood related development controls? Council has no record indicating that the land may be located within a flood hazard area. If you have any doubt as to whether the land is affected by flooding, the services of a suitably qualified Consulting Engineer should be obtained.

7A.2

Is development on the land or part of the land for any other purpose subject to flood related development controls? All or part of the land has been identified within the Shell Cove Boat Harbour Flooding Assessment as BELOW THE PROBABLE MAXIMUM FLOOD LEVEL. Updated Information has been produced by consultants via the Development Application process and advice related to flooding and flood related development controls may be different to those outlined in above mentioned study. For further information please contact Council's Technical Services Department on 4221 6111.

7A.3

Words and expressions in this clause have the same meanings as in the Standard Instrument.

LAND RESERVED FOR ACQUISITION

8.1

Does any environmental planning instrument or proposed environmental planning instrument referred to in item 1 above make provision in relation to the acquisition of the land by a public authority, as referred to in section 3.15 of the Environmental Planning & Assessment Act? Shellharbour LEP 2013 - No.

CONTRIBUTIONS PLAN

9.1

Which contributions plan/s apply to the land? Shellharbour Local Infrastructure Contributions Plan 2019 (9 th Review).

BIODIVERSITY CERTIFIED LAND

9A.1

Is the land biodiversity certified land under Part 8 of the Biodiversity Conservation Act 2016? No.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... 10.

BIODIVERSITY STEWARDSHIP SITES

10.1

Is the land a biodiversity stewardship site under a biodiversity stewardship agreement under Part 5 of the Biodiversity Conservation Act 2016, that council is aware of? No.

10A

NATIVE VEGETATION CLEARING SET ASIDES

10A.1 Does the land contain a set aside area under section 60ZC of the Local Land Services Act 2013 that council is aware of or is registered in the public register under that section? No. 11.

BUSH FIRE PRONE LAND

11.1

Is any of the land bushfire prone land as defined in the Environmental Planning & Assessment Act 1979? No.

12.

PROPERTY VEGETATION PLANS

12.1

Does a property vegetation plan under the Native Vegetation Act 2003 apply to the land, being a plan to which the council has been notified of its existence by the person or body that approved the plan under the Act? No.

13.

ORDERS UNDER TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006

13.1

Has an order been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land, being an order to which the council has been notified of? No.

14.

DIRECTIONS UNDER PART 3A

14.1

Is there a direction by the Minister in force under section 75P(2)(c1) of the Environmental Planning & Assessment Act 1979 that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect? No.

15.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR SENIORS HOUSING

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... 15.1

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, is there a current site compatibility certificate (seniors housing), of which the council is aware, in respect of proposed development on the land? No.

15.2

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, have any terms of a kind referred to in clause 18(2) of that SEPP been imposed as a condition of consent to a development application granted after 11 October in respect of the land? No.

16.

SITE COMPATIBILITY CERTIFICATES FOR INFRASTRUCTURE, SCHOOLS OR TAFE ESTABLISHMENTS

16.1

Is there a valid site compatibility certificate (infrastructure) or site compatibility certificate (schools or TAFE establishments), of which the council is aware, in respect of proposed development on the land? No.

17.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR AFFORDABLE RENTAL HOUSING

17.1

Is there a current site compatibility statement (affordable rental housing), of which the council is aware, in respect of proposed development on the land? No.

17.2

Have any terms of a kind referred to in clause 17(1) or 38(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 been imposed as a condition of consent to a development application in respect of the land? No.

18.

PAPER SUBDIVISION INFORMATION

18.1

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. Not applicable.

18.2

The date of any subdivision order that applies to the land. Not applicable.

18.3

Words and expressions used in this clause have the same meaning as they have in Part 16C of the Environmental Planning & Assessment Regulation.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... 19.

SITE VERIFICATION CERTIFICATES

19.1

Is there a current site verification certificate, of which the Council is aware, in respect of the land? No.

19.2

The certificate ceases to be current on: Not applicable.

19.3

A copy of the certificate may be obtained from the head office of the NSW Department of Planning and Environment.

20.

LOOSE-FILL ASBESTOS INSULATION

20.1

Does the land include any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989) that are listed on the register that is required to be maintained under that Division? Council is not aware that the land is on the register. You should make your own enquiries with NSW Fair Trading and search the register available on their website to confirm this information.

21. 21.1

AFFECTED BUILDING NOTICES PRODUCT RECTIFICATION ORDERS Is an affected building notice, of which council is aware, in force in respect of the land? No

21.2

Is there any building product rectification order, of which council is aware, in force in respect of the land that has not been fully complied with? No

21.3 Has any notice of intention to make a building product rectification order, of which council is aware, been given in respect of the land and is outstanding? No 22.

STATE ENVIRONMENTAL PLANNING POLICY (WESTERN SYDNEY AEROTROPOLIS) 2020

22.1

This Policy does not apply to the Shellharbour Local Government Area.

NOTE: MATTERS PRESCRIBED BY SECTION 59(2) OF THE CONTAMINATED LAND MANAGEMENT ACT 1997 (CLM Act) (a)

Is the land significantly contaminated land within the meaning of the CLM Act at the date of this certificate? No.

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…………………………………………………………………………………………………... (b)

Is the land subject to a management order within the meaning of the CLM Act at the date of this certificate? No.

(c)

Is the land the subject of an approved voluntary management proposal within the meaning of the CLM Act at the date of this certificate? No.

(d)

Is the land the subject of an ongoing maintenance order within the meaning of the CLM Act at the date of this certificate? No.

(e)

Is the land the subject of a site audit statement within the meaning of the CLM Act (such a statement having been provided to Council at any time)? No. CONTAMINATED INFORMATION - 1a. There are no matters listed under Section 59(2) of the Contaminated Land Management Act 1997 which should be specified on this certificate. CONTAMINATED INFORMATION - 2a. The land is affected by a policy adopted by Council that restricts development of land if there is likelihood of contamination. Council has not assessed the likelihood of contamination of the land and cannot certify whether or not the policy restricts development of the land.

PART B: NOTATIONS There are no Part B notations on this property. PART C: - INFORMATION PROVIDED UNDER SECTION 10.7 (5) OF THE ACT NOTE: When information under section 10.7(5) is requested the Council is under no obligation to provide any of the information supplied in this part. We draw your attention to section 10.7(6) which states that a Council shall not incur any liability in respect of any advice provided in good faith pursuant to sub-section (5). The absence of any reference to any matter affecting the land does not imply that the land is not affected by any matter referred to in this planning certificate. Endangered Ecological Community & Threatened Species. Council has some mapping that identifies where endangered ecological communities & threatened species are known to occur. For further details contact Council’s Customer Environmental Services Department.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

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…………………………………………………………………………………………………... Other Items Planning Agreement-Sec 93F EPA. No Planning Agreement Sec 93Fof the EPA Act 1979 apply to the land. Filling This lot is burdened by minor filling. The filling is for the road formation only and was conducted under controlled conditions. Contact Council's Department of Development and Technical Services should you require further information. Council's records show that during the course of subdivision the subject land has been filled or partially filled under controlled conditions. This information was accurate at the time of subdivision release and Council suggests that when construction on lots has started the lot classification may change from the original advice. The services of a suitably qualified Consulting Engineer should be obtained. Flooding All or part of the land has been identified within the Shell Cove Boat Harbour Flooding Assessment as BELOW THE PROBABLE MAXIMUM FLOOD LEVEL. This study was commissioned by Frasers, on behalf of Council, to identify the existing flood behaviour within the catchment and model the changes to flood behaviour as a result of the Shell Cove Development and Proposed Boat Harbour Precinct. Updated Information has been produced by consultants via the Development Application process and advice related to flooding and flood related development controls may be different to those outlined in above mentioned study. For further information please contact Council's Technical Services Department on 4221 6111. Precinct Development Strategy The land is not affected by the Wattle Road Precinct Development Strategy. Development Consents Relating To The Land Details of current development consents for the land are available on request from the Council. Constraints NSW COASTAL POLICY 1997. The NSW Coastal Policy 1997 applies to all land within the Coastal Zone as identified by the maps held by the Department of Planning. This includes the subject property. Floor Level Restrictions - Refer Subdivision Engineer. An approved quarry operates between Shell Cove and Bass Point. This property is NOT within the Mineral Resource Transition Area as identified in Shellharbour LEP 2013. Information regarding loose-fill asbestos insulation Some residential homes located in the State of NSW have been identified as containing

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…………………………………………………………………………………………………... loose-fill asbestos insulation, for example in the roof space. NSW Fair Trading maintains a Register of homes that are affected by loose-fill asbestos insulation. You should make your own enquiries as to the age of the buildings on the land to which this certificate relates and, if it contains a building constructed prior to 1980, obtain advice from a licensed asbestos assessor to determine whether loose-fill asbestos is present in any building on the land and, if so the health risks (if any) this may pose for the building’s occupants. Contact NSW Fair Trading for further information. Shellharbour LEP 2013 includes a Floor Space Ratio Map and this Map applies to this land. See Shellharbour LEP 2013 written instrument and maps for details. Shellharbour LEP 2013 includes a Maximum Building Height Map and this Map applies to this land. See Shellharbour LEP 2013 written instrument and maps for details. Shellharbour Local Strategic Planning Statement The Shellharbour Local Strategic Planning Statement (LSPS) provides details on which Council will base land use planning decisions, including future land use planning and management of growth in Shellharbour City. The LSPS applies to all land within Shellharbour City Local Government Area. For further information please contact the Land & Information Services on (02) 4221 6111

Carey McIntyre Chief Executive Officer

Attachment 10 Sewer Engineering Diagrams

DEVELOPER CONTRACT PLAN WORK-AS-CONSTRUCTED

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ABOVE LINE OF ROOF G ABOVE LINE OF AWNIN

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LINE OF ROOF

ABOVE

BINS

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TxtStr

LIFT

CP. EXHAUST

SUBSTATIO 5.5 x 2.75 GREASE ARRESTOR

TxtStr

AWNING OVER

ROOF OVER SHOWN DASHED

TxtStr

CARPARK SA

RAMP 1:20

TxtStr TxtStr

TxtStr CP.

EXHAUST

TxtStr UP

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TxtStrTxtStr

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PLAN DRAWN DATE: 19/03/2019

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gs_numb_startfrom_2 gs_numb_startfrom_3 gs_numb_startfrom_4

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RAMP 1:20

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EXTENT OF

DA APPLICATION

ATION DA APPLIC EXTENT OF TxtStr

WAL

1:33

RAMP 1:20

VERSION: 02

SHEET

1 OF

4 SHEETS

PLAN TO BE READ IN CONJUNCTION WITH CURRENT SYDNEY WATER STANDARDS SYDNEY WATER CORPORATION PRIOR TO COMMENCEMENT OF EXCAVATION FOR PROPOSED AND EXISTING SERVICES CONTACT :DIAL BEFORE YOU DIG ELECTRICITY GAS TELECOMMUNICATIONS SYDNEY WATER

Ph. 1100 Ph. 0298534161 Ph. 1300880906 Ph. 1800653935 Ph. 132092

GIVING AT LEAST 48 HOURS NOTICE.

WORK AS CONSTRUCTED CERTIFICATION

UTILITIES TYPE

DATE

REF.

TYPE

DATE

REF.

PIPE SCHEDULE SIZE DN

DEVELOPER

225 300

WATER SERVICE CO-ORDINATOR

TYPE

CLASS

u.PVC.P SN8 u.PVC.P SN8

LENGTH

29 518

PIPE JOINING METHOD / NOTES

S.W.J. S.W.J.

NO AMENDMENTS ARE TO BE MADE TO THIS PLAN

AUSTRALIAN HEIGHT DATUM SCALES

COMPLETED

W.A.C. PREPARED

PLAN

DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS.

1:500

CROSS SECTIONS

DESIGN HEAD

-m

NO BOUNDARY TRAPS REQUIRED.

IS NOT NECESSARILY UP TO DATE OR CORRECT AND SYDNEY WATER ACCEPTS NO RESPONSIBILITY.

CONSTRUCTOR HOR.

1:500

VERT.

1:125

SECTION

U.B. DIRECTORYWOLLONGONG

18th Ed. MAP 54D12

Case No. 167924WW SHELLHARBOUR SEWERAGE DRAINS TO SHELLHARBOUR S.T.W. SHELLHARBOUR

NATURAL

LENGTHS, DEPTHS & LEVELS ARE IN METRES.

SYDNEY WATER CORPORATION

WITHOUT REFERENCE TO SYDNEY WATER. THIS PLAN

SHEET

File No.

N/A

A1F

DEVELOPER CONTRACT PLAN WORK-AS-CONSTRUCTED

PLAN DRAWN DATE: 19/03/2019 VERSION: 02

SHEET

2 OF

4 SHEETS

WORK AS CONSTRUCTED CERTIFICATION

SYDNEY WATER CORPORATION

DEVELOPER W.S.C. CONSTRUCTOR

Case No. 167924WW

SHT

2 OF 4 SHTS.

COMPLETED W.A.C. PREPARED DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS

SYDNEY WATER CORPORATION

FOR DETAILS OF SERVICES SEE SHEET 1

A1F

DEVELOPER CONTRACT PLAN WORK-AS-CONSTRUCTED

PLAN DRAWN DATE: 19/03/2019 VERSION: 02

SHEET

3 OF

4 SHEETS

WORK AS CONSTRUCTED CERTIFICATION

SYDNEY WATER CORPORATION

DEVELOPER W.S.C. CONSTRUCTOR

Case No. 167924WW

SHT

3 OF 4 SHTS.

COMPLETED W.A.C. PREPARED DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS

SYDNEY WATER CORPORATION

FOR DETAILS OF SERVICES SEE SHEET 1

A1F

DEVELOPER CONTRACT PLAN WORK-AS-CONSTRUCTED L.O.W. WARRIGAL

WA WARRR RIGAL LANE IGAL LA NE LANE

L.O.W.

ROAD 802

ROAD 802 ROAD 802

COVE BOULEVARDE

COVE BOULEVARDE COVE BOULEVARDE

ROAD A

ROAD A ROA DA

ROAD C

ROAD C ROAD C

PLAN DRAWN DATE: 19/03/2019 VERSION: 02

SHEET

4 OF

4 SHEETS

WORK AS CONSTRUCTED CERTIFICATION

SYDNEY WATER CORPORATION

DEVELOPER W.S.C. CONSTRUCTOR

Case No. 167924WW

SHT

4 OF 4 SHTS.

COMPLETED W.A.C. PREPARED DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS

SYDNEY WATER CORPORATION

FOR DETAILS OF SERVICES SEE SHEET 1

L.O.W.

DEVELOPER CONTRACT PLAN WORK-AS-CONSTRUCTED

PLAN DRAWN DATE: 02/04/2019 VERSION: 03

SHEET

1 OF

2 SHEETS

Ph. 1100 Ph. 0298534161 Ph. Ph. 1300880906 Ph. Ph. 1800653935 Ph. Ph. 132092 Ph.

GIVING AT LEAST 48 HOURS NOTICE.

WORK AS CONSTRUCTED CERTIFICATION

UTILITIES TYPE

DATE

REF.

TYPE

DATE

REF.

PIPE SCHEDULE SIZE DN

DEVELOPER

150 100

WATER SERVICE CO-ORDINATOR

TYPE

CLASS

u.PVC.P SN8 u.PVC.P SN10

LENGTH

445 55

PIPE JOINING METHOD / NOTES

R.R.J. NOTE 14

NO AMENDMENTS ARE TO BE MADE TO THIS PLAN

AUSTRALIAN HEIGHT DATUM SCALES

COMPLETED

W.A.C. PREPARED

PLAN

DESIGNER I CERTIFY THAT THE WORKS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE WORK AS CONSTRUCTED DRAWINGS.

1:500

CROSS SECTIONS

DESIGN HEAD

NO BOUNDARY TRAPS REQUIRED.

IS NOT NECESSARILY UP TO DATE OR CORRECT AND SYDNEY WATER ACCEPTS NO RESPONSIBILITY.

CONSTRUCTOR HOR.

1:500

VERT.

1:125

SECTION

U.B. DIRECTORY

Wollongong 18th Ed Map 54 D12

Case No. 168794WW SHELL HARBOUR SEWERAGE DRAINS TO SHELL HARBOUR S.T.W. SHELL HARBOUR

NATURAL

LENGTHS, DEPTHS & LEVELS ARE IN METRES.

SYDNEY WATER CORPORATION

WITHOUT REFERENCE TO SYDNEY WATER. THIS PLAN

SHEET

File No.

N/A

Service Location Print Application Number: 8000559923

Document generated at 06-04-2021 02:43:02 PM

Disclaimer The information on this print shows if we provide any water, wastewater or stormwater services to this property. It may not be accurate or to scale. If you'd like to see the location of private wastewater pipes on the property, please buy a Sewer service diagram. Page 1

Asset Information Legend

Pipe Types ABS

Acrylonitrile Butadiene Styrene

Asbestos Cement

BRICK

Brick

Cast Iron

CICL

Cast Iron Cement Lined

CONC

Concrete

COPPER

Copper

Ductile Iron

DICL

Ductile Iron Cement (mortar) Lined

DIPL

Ductile Iron Polymeric Lined

Earthenware

FIBG

Fibreglass

FL BAR

Forged Locking Bar

Galvanised Iron

GRP

Glass Reinforced Plastics

HDPE

High Density Polyethylene

Mild Steel

MSCL

Mild Steel Cement Lined

Polyethylene

Polymer Concrete

Polypropylene

PVC

Polyvinylchloride

PVC - M

Polyvinylchloride, Modified

PVC - O

Polyvinylchloride, Oriented

PVC - U

Polyvinylchloride, Unplasticised

Reinforced Concrete

RC-PL

Reinforced Concrete Plastics Lined

Steel

SCL

Steel Cement (mortar) Lined

SCL IBL

Steel Cement Lined Internal Bitumen Lined

SGW

Salt Glazed Ware

SPL

Steel Polymeric Lined

Stainless Steel

STONE

Stone

Vitrified Clay

Wrought Iron

Woodstave

Further Information Please consult the Dial Before You Dig enquiries page on the Sydney Water website. For general enquiries please call the Customer Contact Centre on 132 092 In an emergency, or to notify Sydney Water of damage or threats to its structures, call 13 20 90 (24 hours, 7 days)

Attachment 11 Law Society Requisitions

STRATA TITLE (RESIDENTIAL) PROPERTY REQUISITIONS ON TITLE

Vendor: Purchaser: Property: Dated:

1. 2.

6. 7.

8. 9. 10.

11. 12.

13.

14. 15. 16.

Unit

Possession and tenancies

Vacant possession of the Property must be given on completion unless the Contract provides otherwise. Is anyone in adverse possession of the Property or any part of it? (a) ( b)

What are the nature and provisions of any tenancy or occupancy? If they are in writing, all relevant documentation should be produced, found in order and handed over on completion with notices of attomment. Please specify any existing breaches. (c) All rent should be paid up to or beyond the date of completion. (d) Please provide details of any bond together with the Rental Bond Board's reference number. (e) If any bond money is held by the Rental Bond Board, the appropriate transfer documentation (f ) duly signed should be handed over on completion. Is the Property affected by a protected tenancy ( tenancy affected by Parts 2, 3, 4 or 5 of the Landlord and Tenant (Amendment) Act 1948 (NSW))? If so, please provide details. If the tenancy is subject to the Residential Tenancies Act 2010 (NSW): has either the vendor or any predecessor or the tenant applied to the NSW Civil and (a) Administrative Tribunal for an order? have any orders been made by the NSW Civil and Administrative Tribunal? If so, please (b) provide details. Title

Subject to the Contract, on completion the vendor should be registered as proprietor in fee simple of the Property free from all encumbrances and notations and recorded as the owner of the Property on the strata roll, free from all other interests. On or before completion, any mortgage, caveat, writ or priority notice must be discharged, withdrawn, cancelled or removed as the case may be or, in the case of a mortgage, caveat or priority notice, an executed discharge or withdrawal or removal handed over on completion together with a notice under Section 22 of the Strata Schemes Management Act 2015 (NSW) (Act). Are there any proceedings pending or concluded that could result in the recording of any writ on the title to the Property or in the General Register of Deeds? If so, full details should be provided at least 14 days prior to completion. When and where may the title documents be inspected? Are any chattels or fixtures subject to any hiring or leasing agreement or charge or to any security interest under the Personal Properties Securities Act 2009 (Cth)? If so, details must be given and all indebtedness cleared and title transferred unencumbered to the vendor prior to completion. Adjustments

All outgoings referred to in clause 14.1 of the Contract must be paid up to and including the date of completion. Is the vendor liable to pay land tax or is the Property otherwise charged or liable to be charged with land tax? If so: to what year has a return been made? (a) what is the taxable value of the Property for land tax purposes for the current year? ( b) The vendor must serve on the purchaser a current land tax certificate (issued under Section 47 of the Land Tax Management Act 1956 (NSW)) at least 14 days before completion. Survey and building

Subject to the Contract, survey should be satisfactory and show that the whole of the Property and the common property is available, that there are no encroachments by or upon the Property or the common property. Is the vendor in possession of a survey report? If so, please produce a copy for inspection prior to completion. The original should be handed over on completion. In respect of the Property and the common property: Have the provisions of the Local Government Act (NSW), the Environmental Planning and (a) Assessment Act 1979 (NSW) and their regulations been complied with? Is there any matter that could justify the making of an upgrading or demolition order in respect ( b) of any building or structure?

Attachment 12 Privacy Statement

Privacy Statement This privacy statement explains how the vendor and Frasers Property Australia uses and discloses personal information which it holds about you and the privacy rights you have in relation to that information. A reference in this privacy statement to:

(a)

the vendor or Frasers Property Australia is also a reference to related entities of the vendor or Frasers Property Australia;

(b)

the contract is a reference to the contract for the sale of land between you and the vendor (or, if you are a guarantor, the contract between the purchaser whose performance you are guaranteeing and the vendor); and

(c)

the property is a reference to the property which is the subject of the contract.

How the Vendor and Frasers Property Australia uses your personal information

The vendor and Frasers Property Australia may use your personal information: (a)

(b)

in connection with the business of the vendor or Frasers Property Australia including in connection with: (i)

the purchase, development and sale of land;

(ii)

raising finance in connection with those uses;

(iii)

internal reporting;

(iv)

direct marketing; and

for the management of the contract.

To whom the Vendor and Frasers Property Australia discloses your personal information

The vendor and Frasers Property Australia may disclose your personal information, if it is necessary to do so, to:

BAL v3

(a)

the related entities of the vendor and Frasers Property Australia;

(b)

persons on connection with a proposed sale of an interest in the business of the vendor and Frasers Property Australia;

(c)

agents engaged by the vendor and Frasers Property Australia and notified to you;

(d)

contractors and service providers involved in the construction and finishing and, if relevant, the management of the property and the development of which it is part;

Shell Cove – Precinct E, E2 Apartments

(e)

the professional advisors of the vendor and Frasers Property Australia in connection with the sale of the Vendor’s business (including the sale of the property);

(f)

the vendor’s financiers of the vendor and Frasers Property Australia; and

(g)

the owners corporation and, if relevant, the building management committee for the property;

and of whom may be located outside Australia.

Your rights

You need not give the vendor or Frasers Property Australia any of the personal information requested. However, all information requested from you is essential for the vendor to enter into, and Frasers Property Australia to comply with its obligations in respect to, a contract for the sale of the property. You may request access at any time to personal information held by the vendor or Frasers Property Australia about you and ask the vendor and Frasers Property Australia to correct it if you believe it is incorrect or out of date.

Your authority to the vendor and Frasers Property Australia

By entering into the contract for sale of the property, you:

BAL v3

(a)

acknowledge having read and understood this privacy statement;

(b)

authorise the vendor and Frasers Property Australia to collect, maintain, use and disclose your personal information in the manner set out in this privacy statement; and

(c)

undertake to provide a copy of this privacy statement to each principal, company office or partner that you purport to represent.

Shell Cove – Precinct E, E2 Apartments

Attachment 13 Property Re-Sale Deed

Original Vendor Original Purchaser New Purchaser

Property Re-Sale Deed

Date

Parties Shellharbour City Council (ABN 78 392 627 134) of 76 Cygnet Avenue, Shellharbour City Centre, NSW 2529 ("Original Vendor") [Purchaser’s name] of [Purchaser’s address] ("Original Purchaser") …………………………………. of …………………………………………… Contact details – Ph: …………………: Email…………………… (“New Purchaser”)

Background A

The Original Purchaser entered into the Original Contract with the Original Vendor under which the Original Purchaser agreed, amongst other things, to procure any transferee of the Property to enter into an agreement with the Original Vendor to acknowledge and be bound by the Continuing Obligations.

The New Purchaser has entered into a contract with the Original Purchaser to purchase the Property.

The parties have entered into this document to satisfy the Original Purchaser's obligations under the Original Contract in respect of those Continuing Obligations.

Agreed Terms 1

Definitions In this document these terms have the following meanings: Business Day

A day which is not a Saturday, Sunday or bank or public holiday in Sydney.

Continuing Obligations

Each of the obligations in clauses 37 and 44 of the Original Contract and other continuing obligations on the Original Purchaser contained in the Original Contract which are to be complied with or observed after completion of the Original Contract.

Original Contract

The contract dated [insert date] between the Original Vendor and the Original Purchaser for the sale of the Property to the Original Purchaser.

Property

Lot [insert lot], CN [insert CN], [insert address], being Lot

[insert lot] in an unregistered strata plan. The strata plan is a subdivision of lot 5071 in deposited plan 1238340.

Re Sale Obligations

2.1

Acknowledgement The New Purchaser acknowledges that:

(a)

the Property forms part of a larger development known as Shell Cove undertaken by the Original Vendor;

(b)

the New Purchaser has been supplied with a copy of the Continuing Obligations;

(c)

the Original Vendor or any person on behalf of the Original Vendor has not made any representations or warranties on which the New Purchaser has relied on in entering into a contract with the Original Purchaser to purchase the Property; and

(d)

the New Purchaser has relied entirely upon the New Purchaser’s own enquiries in entering into a contract with the Original Purchaser to purchase the Property.

Rights and Obligations (a)

The New Purchaser agrees to be bound by the Continuing Obligations, as if those obligations and guidelines were set out in this document with any necessary changes.

(b)

The Original Vendor may: (i)

exercise any rights in the Original Contract relating to the Continuing Obligations against the New Purchaser; and

(ii)

take action against the New Purchaser in respect of a breach of the Continuing Obligations.

Deed from Transferee The New Purchaser must procure any transferee of the Property from the New Purchaser to enter into a deed with the Original Vendor on similar terms to this document before the transfer takes effect.

Indemnity The New Purchaser indemnifies the Original Vendor against any claim, damages, costs or expenses the Original Vendor has or may incur as a result of a breach of this document by the New Purchaser including a failure to obtain a deed from a transferee under clause 3.

Costs The Original Purchaser must, before the date of this document, pay the reasonable legal costs and expenses of the Original Vendor of negotiating, preparing, executing and completion this document.

General

7.1

Counterparts This document may consist of a number of counterparts and, if so, the counterparts taken together constitute one document.

7.2

Effect of execution This document is not binding on any party unless it or a counterpart has been duly executed by each person named as a party to this document.

7.3

Construction Unless expressed to the contrary, in this document: (a)

words in the singular include the plural and vice versa;

(b)

any gender includes the other genders;

(c)

if a word or phrase is defined its other grammatical forms have corresponding meanings;

(d)

“includes” means includes without limitation;

(e)

no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it;

(f)

a reference to:

(g)

7.4

(i)

a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;

(ii)

a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation;

(iii)

any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced; and

(iv)

an obligation includes a warranty or representation and a reference to a failure to comply with an obligation includes a breach of warranty or representation; and

if the date on or by which any act must be done under this document is not a Business Day, the act must be done on or by the next Business Day.

Headings Headings do not affect the interpretation of this document.

7.5

Deed This document is a deed. Factors which might suggest otherwise are to be disregarded.

Executed as a deed. Signed on behalf of Shellharbour City Council:

) ) )

.............................................................. General Manager/Public Officer .............................................................. Name of General Manager/Public Officer (print)

In the presence of:

............................................................... Witness

Signed sealed and delivered by the Original Purchaser in the presence of:

) ) )

............................................................... Witness

............................................................... Original Purchaser

............................................................... Name of Witness (print)

............................................................... Original Purchaser

Signed sealed and delivered by the New Purchaser in the presence of:

) ) )

............................................................... Witness

............................................................... New Purchaser

............................................................... Name of Witness (print)

............................................................... New Purchaser

Attachment 14 Clearance Certificate

COUNCIL OF THE CITY OF SHELLHARBOUR C/o PAUL HENDERSON PO BOX 155 SHELLHARBOUR CITY CENTRE NSW 2529

Our reference: 2410406139095 Phone: 13 28 66

31 July 2020

Your foreign resident capital gains withholding clearance certificate › Purchasers are not required to withhold and pay an amount › Provide a copy to the purchaser and retain a copy for your records

Hello

NEED HELP?

We have decided that purchasers are not required to withhold and pay an amount. Your certificate is below. Reference number

2410406139095

You can find out more about foreign resident capital gains withholding on our website at ato.gov.au/FRCGW

Vendor name

SHELLHARBOUR CITY COUNCIL

PO BOX 155

If you have any questions, contact us between 8:00am and 5:00pm Australian Eastern Standard Time, Monday to Friday on: › 13 28 66 if located in Australia, or › +61 2 6216 1111 if located outside Australia and ask for 13 28 66.

Vendor address

Clearance certificate period

SHELLHARBOUR CITY CENTRE NSW 2529 27 July 2020 to 27 July 2025

The Commissioner may withdraw this clearance certificate at any time if we obtain further information indicating you are a foreign resident.

Yours sincerely

John Ford Deputy Commissioner of Taxation

Attachment 15 Embedded Network Documents

Services Deed Real Utilities Pty Limited Real Utilities Shell Cove Pty Limited Owners Corporation Strata Plan [insert]

ANZ Tower 161 Castlereagh Street Sydney NSW 2000 Australia GPO Box 4227 Sydney NSW 2001 Australia

T +61 2 9225 5000 F +61 2 9322 4000 herbertsmithfreehills.com DX 361 Sydney

Contents Table of contents 1

Definitions and Interpretation 1.1 1.2

Defined terms ........................................................................................................ 3 Interpretation ....................................................................................................... 13

Term

Paramount Condition

Utility Services

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8

Embedded Utility Networks .................................................................................. 14 Base Building Utility Agreements ......................................................................... 14 Not used ............................................................................................................. 15 Not used ............................................................................................................. 15 Customer Utility Agreements ............................................................................... 15 Policy services .................................................................................................... 15 Subcontractors .................................................................................................... 15 Solar Panels ........................................................................................................ 16

Replacement Services Deed

Exclusivity

Property, access and utility infrastructure

7.1 7.2 7.3 7.4

Utility Lot ............................................................................................................. 17 Exercise of rights................................................................................................. 17 Licence arrangements ......................................................................................... 18 Real Utilities Infrastructure Assets ....................................................................... 19

Use of the Owners Corporation Infrastructure Assets 8.1 8.2 8.3 8.4 8.5

Right to use ......................................................................................................... 20 Permitted User .................................................................................................... 20 Licensed Assets Fee ........................................................................................... 20 Central Water Heater........................................................................................... 20 Entitlement to benefit ........................................................................................... 21

Obligations of the Owners Corporation

Obligations of RU Utility Service Providers

Changes

11.1 Change in Law .................................................................................................... 22 11.2 Service Improvements ......................................................................................... 23

Dispute Resolution

Confidentiality

Force Majeure

Termination

15.1 Termination for convenience................................................................................ 27 15.2 Termination for breach ........................................................................................ 27

Contents 1

Contents 15.3 Suspension ......................................................................................................... 28 15.4 Effect of termination............................................................................................. 28

Risk and Liability provisions 16.1 16.2 16.3 16.4

Owners Corporation’s indemnity .......................................................................... 29 Real Utilities’ indemnity ....................................................................................... 29 Exclusion of Consequential Loss ......................................................................... 29 Exclusion and limitation of liability ........................................................................ 29

Assignment

17.1 No assignment by Owners Corporation................................................................ 30 17.2 Novation by Real Utilities ..................................................................................... 31

Insurances

Temporary Disconnection

Terms of this deed

GST

Compliance with Laws and policies

Warranties

Notices

24.1 24.2 24.3 24.4 24.5 24.6

Form ................................................................................................................... 34 Delivery ............................................................................................................... 34 When effective .................................................................................................... 35 Receipt – post ..................................................................................................... 35 Receipt – email ................................................................................................... 35 Receipt - general ................................................................................................. 35

General 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17

Discretion in exercising rights .............................................................................. 35 Failure to exercise rights...................................................................................... 35 No liability for loss ............................................................................................... 35 Approvals and consents ...................................................................................... 35 Conflict of interest................................................................................................ 36 Remedies cumulative .......................................................................................... 36 Rights and obligations are unaffected .................................................................. 36 Variation and waiver ............................................................................................ 36 Indemnities.......................................................................................................... 36 Further steps ....................................................................................................... 36 Prompt performance ............................................................................................ 36 Construction ........................................................................................................ 36 Costs................................................................................................................... 36 Inconsistent law................................................................................................... 37 Supervening legislation ....................................................................................... 37 Benefits held on trust ........................................................................................... 37 Completion of blanks ........................................................................................... 37

Contents 2

Contents 26

Governing Law

Counterparts

Schedules Schedule 1 – Details of Premises

Schedule 2 – Embedded Electricity Network

Schedule 3 – Central Hot Water System Provisions

Schedule 4 – Not Used

Schedule 5 – Insurance requirements

Schedule 6 – Notice details

Schedule 7 – Not used

Annexure A – Privacy Policy

Annexure B – Hardship Policy

Annexure C – Complaints Policy

Contents 3

Services Deed

Date ►

Between the parties Real Utilities

Real Utilities Pty Limited ABN 97 150 290 814 of Level 2, 1C Homebush Bay Drive, Rhodes NSW 2138 (Real Utilities)

Real Utilities Infrastructure Owner

Real Utilities Shell Cove Pty Limited ACN 107 355 822of Level 2, 1C Homebush Bay Drive, Rhodes NSW 2138 (Real Utilities Infrastructure Owner)

Owners Corporation

Owners Corporation Strata Plan [insert] [ABN xxx xxx xxx] of [insert address] (Owners Corporation)

Recitals

Real Utilities and certain of its Related Bodies Corporate (including the Real Utilities Infrastructure Owner) are in the business of owning or operating various utility related infrastructure in commercial, industrial and residential buildings in Australia.

The Owners Corporation is a body corporate that came into existence upon registration of a plan of strata subdivision under relevant strata title Laws applicable in New South Wales in respect of the Premises.

As permitted by the By-Laws, the Owners Corporation have agreed to engage the RU Utility Service Providers to operate the Embedded Utility Networks, and accordingly provide customers who own or occupy Lots at the Premises and the Owners Corporation in respect of the Common Property with various utility services including through the Embedded Utility Networks.

The parties further wish to set out their mutual rights and responsibilities relating to the Premises and assets owned by the Owners Corporation and Real Utilities Infrastructure Owner in respect of the supply of the Utility Services at or adjacent to the Premises.

page 1

The parties agree as follows:

page 2

Definitions and Interpretation

1.1

Defined terms The meanings of capitalised terms used in this deed are set out below. Term

Meaning

Access Routes

any areas which are required as an access route to any part of the Licensed Areas or any Authorised Areas, including but not limited to the rooftop of any building on the Premises.

Additional Licensed Area

any area which is the subject of any Additional Licence Agreement entered into as contemplated by clause 7.3(d).

Additional Utility Services

Utility Services which are additional to or different from those initially provided at the commencement of this deed, as well as substantial modifications to Utility Services which are provided at the commencement of this deed.

Authorised Area

any Easement Area reasonably required for the purposes of operating and maintaining the Embedded Utility Networks and providing the Utility Services under this deed.

Authorised Persons

any employees, representatives, agents, licensees or sub-contractors of a RU Utility Service Provider, including the Embedded Network Manager, any Meter reader or Metering Provider and any representative of a Government Agency authorised to access the Premises in connection with the Utility Services.

Authority

any person or body who has the power under Law to make directions relating to or affecting the operation of the Embedded Utility Networks, including the Australian Energy Market Operator and the Australian Energy Regulator.

Base Building Utility Agreement

any agreement between the Owners Corporation and a Real Utilities Group Member, or (in the case of electricity on-selling only) any other authorised retailer, in respect of the provision of one or more Utility Services at the Common Property.

BMC

has the meaning given to the term ‘Building Management Committee’ in the By-laws from time to time.

page 3

Definitions and Interpretation

Term

Meaning

Business Day

a day that is not a Saturday, Sunday or a state wide public holiday in the State.

Business Hours

between 8am and 6pm on Business Days.

By-Laws

the by-laws registered with the Registered Plan as amended from time to time.

Central Water Heater

the plant and equipment located on or adjacent to the Premises and comprising hot water tanks, hot water boilers and pumps.

Central Hot Water System

the Central Water Heater and associated reticulation, potable cold water pipework and potable hot water circulating pipework and associated lagging which is located on or adjacent to the Premises.

Change in Law

means: 1

any law, regulation, rules, code or sub-code being introduced, amended or repealed in whole or in part;

a variation in the interpretation or administration of a Law or regulation by a governmental agency or body or a court tribunal; or

a scheme being introduced by any Government Agency providing for a party to gain or hold any licence, permit or authorisation or providing for a party to purchase, hold or surrender any certificate, permit or instrument or any such scheme being varied,

except to the extent such imposition, amendment, repeal, variation or introduction relates to income tax or GST.

Common Property

all the areas owned and/or controlled by the Owners Corporation and situated in the Premises and delineated on the Strata Plan as common property (including, where the context requires, any Shared Facilities).

Complaints Policy

means the Complaints Policy attached as Annexure C, as amended by Real Utilities from time to time in accordance with clause 4.6.

Confidential Information

has the meaning given in clause 13(a).

Consequential Loss

any indirect or consequential losses, costs, damages, liabilities or

page 4

Term

Definitions and Interpretation

Meaning

expenses or claims for special or punitive damages.

Customer

means: 1

in respect of a Lot, the owner or occupier of that Lot; and

in respect of the Common Property, the Owners Corporation; and

in respect of the Shared Facilities or part thereof, any person with responsibility under the SMS to operate, manage, control, maintain, repair and replace all or part of the Shared Facilities,

in each case where they are being provided with one or more Utility Services by a RU Utility Service Provider at the Premises.

Customer Utility Agreement

any agreement between a Real Utilities Group Member and a Customer in respect of the provision of one or more Utility Services to the Premises, including for the avoidance of doubt a Base Building Utility Agreement.

Developer

[insert]

Easement

each of: [insert]

Easement Areas

any areas subject to an Easement.

Electricity Gate Meter

each “parent” electricity meter that is connected to the local electricity distribution network and measures the total electricity consumed within the Embedded Electricity Network.

Electricity Services

the services provided by Real Utilities or the Real Utilities Infrastructure Owner (as the case may be) described in clause 3 of Schedule 2.

Embedded Electricity Network

the wiring, risers, conduits, common distributor board, meter cabinets and current transformers installed in the main switchboard, any power factor correction device, child electricity meters installed at Lots and in the Common Property which is located on or adjacent to the Premises, and the associated telemetry, communications, modems, billing platform software and Intellectual Property.

Embedded Network Manager

the person duly accredited and registered under the NER and notified to the Australian Energy Regulator from time to time as embedded

page 5

Term

Definitions and Interpretation

Meaning

network manager in respect of the Embedded Electricity Network.

Embedded Utility Network

Emergency

Encumbrance

means: 1

the Embedded Electricity Network and Solar PV System; and

the Central Hot Water System and the Hot Water Metering Equipment.

means: 1

the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person or which destroys or damages or threatens to destroy or damage any property; or

any emergency under the Regulatory Requirements.

an interest or power: 1

reserved in, or over, an interest in any asset, including any retention of title; or

created or otherwise arising in, or over, any interest in any asset, under an invoice of sale, mortgage, charge, lien, pledge, trust or power,

by way of security for the payment of a debt or any other monetary obligation, or the performance of any other obligation, and includes any agreement to grant or create any of the above. Encumber has a corresponding meaning.

Energy Customer

a Customer who has entered into a Customer Utility Agreement in respect of Network Services or the on-selling of electricity at the Premises.

Environmental Attributes

any:

Financial Breach

labelling or other promotional rights in respect of the Embedded Utility Networks or Real Utilities Infrastructure Assets; and

present or future right, instrument, credit, mechanism, off-set or benefit in respect of or in connection with Embedded Utility Networks or Real Utilities Infrastructure Assets that is related to emissions (including abatement or avoidance of emissions), energy efficiency or savings or other matters affecting the environment.

a breach by a party of its obligation to pay an undisputed amount to another party when due.

page 6

Definitions and Interpretation

Term

Meaning

First AGM

the first annual general meeting of the Owners Corporation.

Force Majeure Event

any event or circumstance outside a party’s reasonable control that affects the party’s ability to perform any of its obligations (other than an obligation to pay money) under this deed, and includes:

Good Industry Practice

a failure of the power grid to provide electricity supplies to the Embedded Electricity Network or the Premises, or the failure of third parties to supply utility services (including water, and electricity) to the relevant Embedded Utility Network or the Premises except where the failure is due to the default or wrongful or negligent act or wrongful or negligent omission of the affected party;

terrorism, act of war (whether declared or not), civil commotion, explosion, earthquake, aircraft or other aerial device, fire, flood, lightning, storm, tempest, machinery or equipment failure or breakdown or act of God; or

the direction of any Authority to cease providing services or alter the services being provided under this deed with respect to the operation of the Embedded Utility Networks, except where such direction is given due to a non-compliance by the affected party with its obligations under this deed or a Customer Utility Agreement.

means: 1

those Laws, statutory regulations, orders and standards of best practice stipulated by any applicable State or Federal body or agency or other relevant body duly authorised in respect of the supply of any or all of the Utility Services or other related matters; or

in the absence of any such Laws, statutory regulations, orders or standards of best practice, those practices that are generally accepted and commonly used in the industries involved in the supply of any or all of the Utility Services.

Government Agency

includes any government or governmental, administrative, monetary, fiscal or judicial body, tribunal or court, department, commission, public authority, minister, statutory corporation, authority or instrumentality, agency or entity in any part of the world.

GST

the Goods and Services Tax imposed under the GST Law.

GST Law

the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

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Definitions and Interpretation

Term

Meaning

Hardship Policy

means the Hardship Policy attached as Annexure B, as amended by Real Utilities from time to time in accordance with clause 4.6.

Hot Water Services

the services provided by Real Utilities or the Real Utilities Infrastructure Owner (as the case may be) described in clause 3 of Schedule 3.

Intellectual Property

all intellectual or industrial property and know-how, including software, software licences, billing platform software, billing data, customer data, technology, trademarks, patents, designs and copyright, used in connection with the provision of the Utility Services at or adjacent to the Premises.

Laws

all statutes, rules, regulations, proclamations, ordinances, by-laws or the common law, present or future and includes: 1

National Electricity Law and NER;

National Energy Retail Law and NERR; and

any rules, regulations, proclamations, ordinances or by-laws other than the By-Laws and the SMS.

Licensed Area

has the meaning given in clause 7.3(b).

Licensed Assets Fee

$1 (if demanded).

Licensee

means each RU Utility Service Provider, and where the context permits, includes its agents, contractors, employees (including any Permitted User) and successors.

Licensor

means the Owners Corporation and, where the context permits, includes its agents (including the Manager), contractors, employees and successors.

Life Support Equipment

means one or more of the following: 1

an oxygen concentrator;

an intermittent peritoneal dialysis machine;

a kidney dialysis machine;

a chronic positive airways pressure respirator;

crigler najjar syndrome phototherapy equipment;

page 8

Term

Definitions and Interpretation

Meaning

a ventilator for life support; and

in relation to an occupant of a Lot, any other equipment that a registered medical practitioner has certified is required at the relevant lot for the purposes of life support.

Life Support Equipment Policy

the document of that name notified by Real Utilities to the Owners Corporation from time to time.

Loss

any losses, liabilities, damages, costs, charges and expenses.

Lots

each lot identified on the Registered Plan, including the Utility Lot.

Manager

the person notified by the Licensor to the Licensees from time to time as the strata manager appointed in respect of the Premises, being at the date of this deed Strata Plus.

Meter

a meter installed and maintained for the purpose of measuring the supply of the Utility Services at the Premises (including, where the context requires, the Shared Facilities).

Metering Data

information obtained from a Meter in accordance with this deed or a Customer Utility Agreement in relation to the Utility Services.

Metering Provider

a company engaged by Real Utilities to provide Metering Services at the Premises, including provision and maintenance of the Meters.

Metering Services

includes the installation, maintenance or testing of Meters and other metering equipment at the Premises and the reading and forwarding of data from that metering equipment to an RU Utility Service Provider or an Authorised Person.

Meter Tests

the test of the accuracy and performance of the Meters in a form reasonably acceptable to the parties from time to time.

National Electricity Law

the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), having force as a law of the State under the Laws of that State.

National Energy

the National Energy Retail Law set out in the Schedule to the

page 9

Definitions and Interpretation

Term

Meaning

Retail Law

National Energy Retail Law (South Australia) Act 2011 (SA), having force as a law of the State under the Laws of that State.

NER

the National Electricity Rules under the National Electricity Law.

NERR

the National Energy Retail Rules under the National Energy Retail Law.

Network Services

means: 1

the connection of a Lot or the Common Property, including for the avoidance of doubt the Shared Facilities (as the case may be) to the Embedded Electricity Network; and

the maintenance of the capacity for electricity to be supplied to or received at a Lot or the Common Property, including for the avoidance of doubt the Shared Facilities (as the case may be) from the Embedded Electricity Network.

Non-Financial Breach

a material breach by a party of its obligations under this deed other than a Financial Breach.

Owners Corporation

the entity specified as ‘Owners Corporation’ in the Parties section of this deed and any subsequent assignee.

Owners Corporation Infrastructure Assets

means any infrastructure or reticulation systems used to transmit or transport electricity, or potable water throughout the Premises and located at the Premises and owned by the Owners Corporation, including as described in Schedule 2, Schedule 3 and Schedule 4 (as the case may be).

Permitted Area

any areas on which a portion of the Embedded Utility Networks are located from time to time, including for the avoidance of doubt any Common Property and the rooftop of any building on the Premises.

Permitted Use

has the meaning given in clause 7.3(c).

Permitted User

means each RU Utility Service Provider and its employees, representatives, agents, licensees or sub-contractors and invitees, including any Authorised Persons.

page 10

Definitions and Interpretation

Term

Meaning

means the Privacy Policy attached as Annexure A, as amended by Real Utilities from time to time in accordance with clause 4.6.

Premises

means the land and buildings, including any improvements, the subject of the Registered Plan.

Real Utilities

the entity specified as ‘Real Utilities’ in the Parties section of this deed.

Real Utilities Group

means Real Utilities and each of its Related Bodies Corporate and Real Utilities Group Member means any member of the Real Utilities Group.

Real Utilities Infrastructure Assets

infrastructure which is installed at or adjacent to the Premises and owned by the Real Utilities Infrastructure Owner including as described in Schedule 2, Schedule 3 and Schedule 4 (as the case may be) but excluding Owners Corporation Infrastructure Assets.

Registered Plan

the registered strata plan identified in Schedule 1.

Regulatory Requirements

all legislation, rules, regulations, codes, and orders in council, licences, proclamations, directions or standards that are relevant to the supply, sale or purchase of the Utility Services in the State.

Related Body Corporate

has the meaning given in section 9 of the Corporations Act 2001 (Cth).

RU Utility Service Provider

means Real Utilities and the Real Utilities Infrastructure Owner.

Service Improvement

any of the following: 1

substantial capital expenditure on the Embedded Utility Networks or the Premises with a view to improving the quality or efficiency of any Utility Service;

substantial operational or technological upgrade of Embedded Utility Networks or Premises with a view to improving the quality or efficiency of any Utility Service; or

the provision of any Additional Utility Service at the Premises.

page 11

Definitions and Interpretation

Term

Meaning

Shared Facilities

means all the areas situated in the Premises and designated in the SMS or a register maintained under the SMS as ‘shared facilities’ as amended from time to time.

SMS

means the Strata Management Statement for Shell Cove Nautilus, registered on the title of the Lots.

Solar PV System

the solar photo-voltaic electricity generation system to be connected to the Embedded Electricity Network and located at the Premises (including on the roof of one or more buildings at the Premises) and intended, as at the date of this deed, to have a capacity of approximately 100 kW DC or less, and includes: 1

solar panels;

panel racking;

ballasts;

fixings;

inverters;

electrical and data cabling;

control equipment including telemetry;

batteries; and

other associated equipment.

State

the state in which the Premises is located.

Strata Schemes Management Act

Strata Schemes Management Act 2015 (NSW).

Utility Lot

[insert]

Utility Services

each of:

Wilful Misconduct

Electricity Services;

Hot Water Services; and

any Additional Utility Services.

means fraud or an intentional, conscious or reckless disregard of the terms of this deed not justifiable by any special circumstances.

page 12

1.2

Term

Interpretation (a)

In this deed, unless the contrary intention appears, an obligation or a liability assumed by 2 or more persons binds them jointly and severally and a right conferred on 2 or more persons benefits them jointly and severally.

(b)

Unless otherwise stated:

(c)

(1)

a reference to this deed or another document includes any variation or replacement of any of it;

(2)

the singular includes the plural and vice versa;

(3)

a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(4)

if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated without including that day;

(5)

a day is the period of time commencing at midnight and ending 24 hours later;

(6)

a month is a calendar month;

(7)

a person includes any type of entity or body, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;

(8)

the words “including”, “for example” or “such as” when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and

(9)

if an example is given of any thing (including a right, obligation or concept), the scope is not limited to the example.

For so long as a RU Utility Service Provider owns or operates or provides utility services at the Premises in respect of: (1)

an Embedded Electricity Network, then Schedule 2 applies;

(2)

a Central Hot Water System, then Schedule 3 applies;

in each case to the extent of the relevant schedules and so that those schedules are integrative parts of this deed. If and for so long as the relevant Embedded Utility Network is not installed at the Premises, the corresponding utility service is not a Utility Service for the purposes of this deed. (d)

Except as specifically provided in this deed, if a day on or by which a person will do something under this deed is not a Business Day: (1)

if the act involves payment that is due on demand, the person will do it on or by the next Business Day; and

(2)

in any other case, the person will do it on or by the previous Business Day.

Term (a)

This deed commences on and from the date that it has been executed by each party and ends on the date that is the earlier of the following:

page 13

Paramount Condition

(1)

the date that is one day before the third anniversary of the First AGM;

(2)

this deed is terminated pursuant to clause 15; or

(3)

the date which is 6 months after the date on which there are no Customer Utility Agreements in effect between a RU Utility Service Provider and any Customer at the Premises,

this period being the Term. (b)

Despite clause 2(a), the parties acknowledge and agree that if the Owners Corporation resolves at the First AGM to enter into this deed, each party shall be bound by this deed for the Term on and from the date of the First AGM and the Term shall commence on and from the date of the First AGM.

Paramount Condition (a)

Not used.

(b)

The provisions of this deed are to be read subject to the Strata Schemes Management Act.

Utility Services

4.1

Embedded Utility Networks (a)

(b)

4.2

The parties acknowledge that: (1)

the Electricity Gate Meter measures the total electricity consumed within the Embedded Electricity Network at the Premises, including Common Property and the Shared Facilities; and

(2)

the Embedded Utility Networks will be used to provide one or more Utility Services to the Owners Corporation pursuant to a Base Building Utility Agreement.

The Owners Corporation must take all necessary steps to ensure it has the necessary authority to enter into any Customer Utility Agreements supplying areas that are considered Shared Facilities.

Base Building Utility Agreements (a)

If at the First AGM, the Owners Corporation resolves to enter into the Base Building Utility Agreement commencing on and from the date of the First AGM, then the Owners Corporation must take all necessary steps to promptly enter into that agreement at the same time as entering into this deed.

(b)

If the Owners Corporation does not comply with its obligations under clause 4.2(a), the Owners Corporation acknowledges and agrees that the RU Utility Service Providers may serve a notice on the Owners Corporation requiring the Owners Corporation to execute such Base Building Utility Agreement, in which case the Owners Corporation must execute such agreement within 10 Business Days after receipt of the notice from the RU Utility Service Provider.

page 14

4.3

Not used

4.4

Not used

4.5

Customer Utility Agreements (a)

The parties acknowledge and agree that the Utility Services will be provided to Customers pursuant to separate Customer Utility Agreements and that the RU Utility Service Providers will be entitled to negotiate and execute Customer Utility Agreements with Customers.

(b)

In setting the rates to be charged under the Customer Utility Agreement regarding the on-sale of electricity, Real Utilities will have regard to current publicly advertised discount rates of the three biggest energy retailers in NSW (as determined by Real Utilities, acting reasonably).

(c)

Each RU Utility Service Provider and the Owners Corporation will reasonably cooperate to ensure: (1)

Customers and any prospective purchasers of a Lot are provided with information (through permanently affixed lift signage or any other legally permissible method) about the Utility Services available from the relevant RU Utility Service Provider and their rights and obligations in respect of the supply of the Utility Services;

(2)

Customers are provided with the opportunity to enter into:

(3)

4.6

Utility Services

(A)

a Customer Utility Agreement with any RU Utility Service Provider in respect of one or more Utility Services; and

(B)

an agreement with any RU Utility Service Provider or its Related Bodies Corporate in respect of any other Utility Services; and

to the maximum extent permissible by Law, that the proportion of Customers entering into Customer Utility Agreements in respect of the Utility Services with the RU Utility Service Providers as contemplated by this deed is maximised.

Policy services Each of the Owners Corporation and the Real Utilities Infrastructure Owner appoints Real Utilities to formulate, maintain and amend policies which relate to the supply of the Embedded Electricity Network, including the Privacy Policy, the Hardship Policy and the Complaints Policy and any other policies as may be required under the Network Exemption.

4.7

Subcontractors (a)

The Owners Corporation acknowledges that the RU Utility Service Providers may engage sub-contractors, licensees or agents in performing their respective obligations under this deed.

(b)

Each RU Utility Service Provider acknowledges that the engagement of any subcontractor or agent does not relieve it of any of its obligations under this deed.

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4.8

Replacement Services Deed

Solar Panels The parties acknowledge and agree that:

(c)

the RU Utility Service Providers have installed, or will install, a Solar PV System on the Premises during the Term; and

(d)

on and from installation and commissioning of such Solar PV System: (1)

the Solar PV System will comprise Real Utilities Infrastructure Assets;

(2)

the Solar PV System will be used for the purposes of providing Utility Services; and

(3)

the Real Utilities Infrastructure Owner will own, operate, and hold all benefits associated with the output and operations of the Solar PV System, including Environmental Attributes and any reliability or firm supply benefit under the NER.

Replacement Services Deed (a)

(b)

(c)

The Owners Corporation will take all necessary steps to ensure that the Owners Corporation considers and votes on a resolution in relation to the appointment of the RU Utility Service Providers as the supplier of Utility Services to Customers and the Owners Corporation through the Embedded Utility Networks under a replacement deed (Replacement Services Deed) on substantially the same provisions as this deed no later than 6 months prior to the expiry of the term of this deed except that in the Replacement Services Deed: (1)

the term of the proposed appointment will commence on the date of the expiry of this deed and will be for a period of 3 years from the date this deed is otherwise due to expire in accordance with its terms; and

(2)

any other necessary changes to give effect to this clause 5 shall be made.

If the Owners Corporation resolves to appoint the RU Utility Service Providers on the provisions of the Replacement Services Deed, then: (1)

the Owners Corporation must promptly execute and return the Replacement Services Deed to the RU Utility Service Providers;

(2)

if the Owners Corporation does not comply with its obligations under clause 5(b)(1), the Owners Corporation acknowledges and agrees that the RU Utility Service Providers may serve a notice on the Owners Corporation requiring the Owners Corporation to execute the Replacement Services Deed, in which case the Owners Corporation must execute such deed within 2 months after receipt of the notice from the RU Utility Service Providers; and

(3)

despite clause 5(b)(1) and clause 5(b)(2) above, the parties acknowledge and agree that they shall be bound by this deed on the terms set out in this clause 5 on and from the date the Owners Corporation resolves to enter into the Replacement Services Deed.

Nothing in this clause 5 restricts the rights of the Owners Corporation in a manner that is not permitted under Law.

page 16

Exclusivity

Exclusivity (a)

Except with the prior approval of each RU Utility Service Provider in writing or as expressly set out in this deed, the Owners Corporation must not: (1)

enter into any agreement, understanding or any other arrangement with a third party for the provision of Utility Services to the Premises, including allowing any person other than the Real Utilities Infrastructure Owner to perform the role of ‘Embedded Network Operator’ (as that role is contemplated by the Australian Energy Regulator); or

(2)

install or operate alternative utility infrastructure relating to any Utility Services,

that would be reasonably likely to materially reduce demand for any of the Utility Services. (b)

Nothing in this clause 6 restricts the rights of the Owners Corporation or any other Customer or any other person: (1)

from exercising their right to purchase energy at the Premises from any third party energy retailer of their choice;

(2)

from purchasing Metering Services in relation to the Premises from any third party metering related services provider of their choice; or

(3)

otherwise in a manner that is not permitted under Law,

and each RU Utility Service Provider must ensure that these rights are not impeded by any network configuration or metering arrangements at the Premises.

Property, access and utility infrastructure

7.1

Utility Lot The Owners Corporation acknowledges that the Real Utilities Infrastructure Owner is or will become the registered proprietor of the Utility Lot and is or will be entitled to quiet enjoyment of the Utility Lot.

7.2

Exercise of rights (a)

In this clause 7.2, the Manager is the person notified by the Owners Corporation to the RU Utility Service Providers from time to time as the strata manager appointed in respect of the Premises, being at the date of this deed Strata Plus.

(b)

Subject to clause 7.2(c) and the By-Laws: (1)

each RU Utility Service Provider must not exercise its rights under this deed with respect to any parts of the Premises outside of the Utility Lot in a manner which would cause the Owners Corporation to breach any obligations of quiet enjoyment owed by the Owners Corporation to owners, tenants or other occupiers of the Premises (if applicable);

(2)

if any RU Utility Service Provider needs to obtain access to any parts of the Premises other than the Utility Lot or any Easement Area at any

page 17

Property, access and utility infrastructure

time which is outside of Business Hours, it must give not less than 2 Business Days’ notice to the Manager; and (3)

(c)

7.3

if it is necessary that the Owners Corporation or its authorised representatives obtain access to the Utility Lot, the Owners Corporation must give not less than 10 Business Days’ notice to the Real Utilities Infrastructure Owner.

In the case of emergency, a party requiring access to another party’s portion of the Premises may access the relevant portion of the Premises to the extent necessary to deal with the emergency, but must notify the other party as soon as reasonably practicable after it becomes aware that access is required.

Licence arrangements (a)

The Owners Corporation hereby grants to the RU Utility Service Providers a licence to access and use the Licensed Area for the Permitted Uses during the Term.

(b)

In this deed, Licensed Area means: (1)

any Permitted Area; and

(2)

any Access Routes as is necessary for each Licensee to access a Permitted Area,

each as notified by a RU Utility Service Provider to the Licensor from time to time. (c)

(d)

In this deed, Permitted Uses means: (1)

the installation, operation, maintenance and replacement of the Real Utilities Infrastructure Assets (including for the avoidance of doubt the Solar PV System);

(2)

allowing each Licensee to use the Embedded Utility Networks and Real Utilities Infrastructure Assets to the extent necessary to supply the Utility Services under any Customer Utility Agreements;

(3)

Metering Services;

(4)

allowing each Licensee to exercise its rights or perform its obligations under or in the manner contemplated by this deed or any Customer Utility Agreements entered into from time to time (as the case may be); and

(5)

for the purposes of or in connection with the provision of Utility Services under or in the manner contemplated by this deed and any Customer Utility Agreements entered into from time to time (as the case may be); and

(6)

any other purpose agreed between the Licensor and the relevant Licensees in writing to be a Permitted Use.

On the request of a RU Utility Service Provider, the Owners Corporation and each RU Utility Service Provider will reasonably cooperate to ensure that the parties meet and negotiate in good faith any additional or revised property and access arrangements (Additional Licence Agreement) on terms acceptable to each party (each acting reasonably) to facilitate access to, and the use of, the Embedded Utility Networks and for the provision of Utility Services to Customers in respect of the Premises (including any Shared Facilities) or to otherwise allow any RU Utility Service Provider to perform its obligations or exercise its rights as contemplated by this deed.

page 18

7.4

Property, access and utility infrastructure

(e)

The parties acknowledge and agree that each RU Utility Service Provider may suspend performance of its obligations under this deed if the licence granted pursuant to clause 7.3(a) or any Additional Licence Agreement is terminated (in whole or in part) but only to the extent that it does not have the necessary rights to perform those affected obligations until such time as such event is remedied.

(f)

The parties acknowledge that the RU Utility Service Providers may wish to install and maintain electric vehicle charging stations on the Premises in the future. On a written request from the RU Utility Service Providers (acting together), the parties will meet and negotiate in good faith to agree any additional access arrangements required by the RU Utility Service Providers for the purpose of or in connection with electric vehicle charging stations (including in relation to any installation, operation, maintenance or replacement of the same).

Real Utilities Infrastructure Assets (a)

The Owners Corporation acknowledges that the Real Utilities Infrastructure Assets are and remain the personal property of the Real Utilities Infrastructure Owner.

(b)

Except where expressly contemplated otherwise by the terms of this deed and the provisions of any Base Building Utility Agreement, the RU Utility Service Providers will be responsible for all costs associated with the operation and maintenance of the Real Utilities Infrastructure Assets or incurred in the supply of the Utility Services (as the case may be).

(c)

The Owners Corporation must: (1)

not assert or hold out that it has any ownership interest in Real Utilities Infrastructure Assets, including by way of fixture, except for any ownership interests expressly granted in writing to it by the Real Utilities Infrastructure Owner;

(2)

notify any third party (Third Party) (including any prospective purchaser of the Premises or of rights or interests in any Common Property) who obtains or proposes to obtain access to or interests in the Premises or the Common Property, and must use its reasonable endeavours to procure that the BMC notifies any Third Party who obtains or proposes to obtain access or interests to the Shared Facilities, of Real Utilities Infrastructure Owner’s ownership of the Real Utilities Infrastructure Assets and rights in this deed; and

(3)

before entering any agreement with a Third Party which may affect the Real Utilities Infrastructure Owner’s ownership of the Real Utilities Infrastructure Assets, notify the Real Utilities Infrastructure Owner and take such steps as the Real Utilities Infrastructure Owner reasonably requests to protect its ownership of the Real Utilities Infrastructure Assets.

page 19

Use of the Owners Corporation Infrastructure Assets

8.1

Right to use (a)

Subject to the terms of this deed, the Owners Corporation grants to each RU Utility Service Provider a non-exclusive right to use the Owners Corporation Infrastructure Assets (Licensed Assets) during the Term: (1)

for the purposes of or in connection with the provision of Utility Services under or in the manner contemplated by this deed and any Customer Utility Agreements entered into from time to time;

(2)

to perform its obligations or exercise its rights under or in the manner contemplated by this deed and any Customer Utility Agreements entered into from time to time; and

(3)

any other purpose agreed between the parties in writing to be a Permitted Purpose,

(each a Permitted Purpose). (b)

8.2

8.3

The Owners Corporation acknowledges and agrees that it will not grant a right to use the Licensed Assets without the prior written consent of the RU Utility Service Providers (acting reasonably).

Permitted User (a)

Each RU Utility Service Provider is permitted to sub-license its right to use the Licensed Assets to a Permitted User.

(b)

The RU Utility Service Providers must ensure that every Permitted User complies with the respective RU Utility Service Provider’s obligations under this deed in respect of the use of the Licensed Assets.

Licensed Assets Fee The RU Utility Service Providers must pay the Licensed Assets Fee to the Owners Corporation on the date of commencement of the Term of this deed.

8.4

Central Water Heater (a)

The RU Utility Providers have been provided with a copy of the By-Laws and acknowledge the provisions of by-law 27 in relation to the Central Water Heater.

(b)

The Owners Corporation acknowledges that under this deed it appoints the RU Utility Service Providers to provide the Hot Water Services and: (1)

permits the RU Utility Service Providers to enter into Customer Utility Agreements relating to the supply of electricity to heat water as contemplated by by-law 27 of the By-Laws as the person appointed by the Owners Corporation under this deed to provide certain services relating to the Central Water Heater on its behalf; and

(2)

acknowledges and agrees that the RU Utility Service Providers will charge Customers directly for the supply of electricity to heat water by reference to the Customer’s individually metered consumption of hot water as contemplated by by-law 27 of the By-Laws.

page 20

8.5

Obligations of the Owners Corporation

Entitlement to benefit Subject to the other provisions of this deed, the RU Utility Service Providers are entitled to all revenue, Environmental Attributes and other environmental advantages derived from its ownership or operation of the Embedded Utility Networks and the supply of the Utility Services (as the case may be).

Obligations of the Owners Corporation The Owners Corporation must: (a)

make available to the RU Utility Service Providers and the Authorised Persons any area or areas of the Common Property and Shared Facilities that may be required by the RU Utility Service Providers to accommodate and operate the Embedded Utilities Network;

(b)

provide the RU Utility Service Providers and the Authorised Persons with safe, convenient and unhindered access to those parts of the Common Property and the Shared Facilities reasonably required (including suitable keys or security passes) and the Utility Lot for the purposes of operating and maintaining the Embedded Utility Networks, and providing the Utility Services, including inspection, maintenance, repair, connection and disconnection, plant and equipment removal and replacement and Meter reading;

(c)

reasonably cooperate and do all things with the RU Utility Service Providers to allow the RU Utility Service Providers to carry out any repairs or maintenance to the Embedded Utility Networks within a reasonable time after becoming aware of the need for such repairs;

(d)

not alter, remove, reconfigure, interfere with or otherwise damage any part of the Embedded Utility Networks, or permit any other person to do so;

(e)

not alter or reconfigure any portion of the Premises (including for the avoidance of doubt any Shared Facilities) in a manner which may interfere with the Utility Services or permit any other person to do so;

(f)

promptly notify the RU Utility Service Providers of any incident related to the provision of Utility Services under this deed that threatens, or could threaten public health or safety;

(g)

take reasonable precautions to minimise the risk of Loss to any equipment, premises or business of the Owners Corporation which may result from variations in the quality or reliability of the supply of any Utility Service;

(h)

ensure that a service protection device of a type that is able to be set and sealed and meeting the requirements in place under the Service and Installation Rules of New South Wales is at all times:

(i)

(1)

installed and maintained at the Premises; and

(2)

sealed to the value of the maximum capacity for the Premises;

operate and maintain (including by making any repairs, changes or additions to) the Premises to the standard: (1)

required by Good Industry Practice; and

(2)

necessary to enable the supply of Utility Services by the RU Utility Service Providers to Customers;

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(j)

(k)

Obligations of RU Utility Service Providers

not Encumber all or part of its interest in the Premises (including the Common Property and any Shared Facilities), unless: (1)

the Encumbrance is granted subject to each RU Utility Service Provider’s rights under this deed (to the extent any rights of the RU Utility Service Providers under this deed would be otherwise affected by the grant of the Encumbrance); and

(2)

the holder of the Encumbrance confirms its agreement with clause 9(k)(1) in writing to each RU Utility Service Provider before the Premises is Encumbered; and

procure that its members, agents, employees and contractors comply with the requirements of this clause 9.

Obligations of RU Utility Service Providers (a)

(b)

Each RU Utility Service Provider must comply with applicable Law and Regulatory Requirements and must use its reasonable endeavours to, as applicable: (1)

operate the Embedded Utility Networks and provide the Utility Services so as to avoid unreasonable interference with the use and enjoyment of Customers of their respective Lots and the Common Property;

(2)

comply with the Owners Corporation’s reasonable operational instructions as notified to each RU Utility Service Provider from time to time when accessing Common Property and Shared Facilities;

(3)

manage, maintain and operate those parts of the Embedded Utility Networks, subject to clause 4 of Schedule 3 and clause 4 of Schedule 4, in accordance with Good Industry Practice;

(4)

obtain the supply of electricity in quantities sufficient to provide the Utility Services under the Customer Utility Agreements; and

(5)

procure compliance with this clause 10 by its agents, employees, licensees and sub-contractors.

The parties acknowledge and agree that each RU Utility Service Provider may suspend the performance of an obligation under this deed if the Owners Corporation has not provided reasonable access to the Premises to enable any RU Utility Service Provider to carry out that obligation until such time as such access is provided. For the avoidance of doubt, this clause 10(b) does not limit the rights of the RU Utility Service Providers under clause 15.3.

Changes

11.1

Change in Law (a)

If a Change in Law materially affects: (1)

the ownership of, or access to, any Embedded Utility Networks or Real Utilities Infrastructure Assets; or

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(2)

Changes

the ability of a party to exercise its rights or perform its obligations under this deed or materially affects a party’s costs of doing so, including, for clarity, the imposition of any new or modified registration or licensing requirements including under or in connection with: (A)

(B)

the Australian Energy Market Commission’s recommended revisions to the NER and NERR, and drafting instructions for the National Electricity Law and National Energy Retail Law, as set out in a publication prepared by the Australian Energy Market Commission accompanying the release of the Final Report (Proposed Law and Rule Changes); or

(C)

any Law enacted which is of substantially the same effect as those regulatory changes referred to or contemplated in the Final Report, the Proposed Law and Rule Changes or any part thereof,

the parties must make amendments to this deed with a view to ensuring compliance with the Change in Law and to preserving the commercial intent and the respective financial and risk positions of the parties to this deed despite the Change in Law.

11.2

(b)

If the parties cannot agree on the amendments required under clause 11.1(a), the parties must resolve the matter according to the dispute resolution procedures set out in clause 12.

(c)

If any party is, by reason of a Change in Law, prevented from or delayed in performing any part of its obligations under this deed, the obligations of that affected party (First Party) are suspended to the extent to which they are affected by the Change in Law, for so long as the Change in Law continues until amendments to this deed have been made pursuant to the procedures contemplated in clause 11.1(a). The First Party’s non-compliance with any suspended obligations will not give rise to any liability (including, without limitation, in negligence) to each other party to this deed for any Loss (including, without limitation, Consequential Loss) arising out of, or in any way connected with, the non-performance of those obligations.

(d)

During the period for which an obligation of the First Party is suspended pursuant to clause 11.1(c), each other party may (at its own cost) make temporary alternative arrangements for the performance of the suspended obligation (whether by another person or otherwise) without any liability (including, without limitation, in negligence) to the First Party.

Service Improvements (a)

Any party may propose a Service Improvement by giving notice to the other parties (Service Improvement Notice).

(b)

A Service Improvement Notice must include: (1)

a project schematic and concept design for implementing the Service Improvement;

(2)

the basis for proposing the Service Improvement and the basis for selecting the proposed Service Improvement relative to other available services or technologies, as applicable;

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Changes

(3)

an outline of upgrades or augmentation to Embedded Utility Networks required in connection with the Service Improvement, if any; and

(4)

an estimate of the costs and expenses associated with the Service Improvement, including further concept planning, development costs and capital upgrades, if applicable, and an estimate of the likely benefits to the parties and to Customers of implementing the Service Improvement.

(c)

Where a party has issued a Service Improvement Notice meeting the requirements of clause 11.2(b), the parties must, within 10 Business Days after receipt of the Service Improvement Notice by the other parties, commence good faith discussions as to whether to implement the Service Improvement and the manner of implementing the Service Improvement, having regard to the interests of each party, the interests of Customers, and the principles in clause 11.2(d).

(d)

Where the parties have agreed to implement a Service Improvement, except to the extent agreed otherwise: (1)

the relevant RU Utility Service Provider will fund, develop and implement the Service Improvement;

(2)

the relevant RU Utility Service Provider will be entitled to recover the costs of implementing the Service Improvement from the Owners Corporation;

(3)

the parties must reasonably cooperate to enable the Service Improvement to be implemented in an efficient manner, including the facilitation of any capital works at the Premises; and

(4)

the provisions of this deed will apply to any Additional Utility Service implemented as part of the Service Improvement on and from the time the relevant RU Utility Service Provider commences providing that Additional Utility Service at the Premises.

(e)

This clause 11.2 does not limit the capacity of the RU Utility Service Providers to vary the Utility Services with a Customer or provide Additional Utility Services to a Customer as agreed between that Customer and the relevant RU Utility Service Provider.

(f)

Where a RU Utility Service Provider has issued a Service Improvement Notice and the parties have failed to reach agreement on the implementation of the relevant Service Improvement within 90 days after receipt by the Owners Corporation of the Service Improvement Notice, then the parties must resolve the matter according to the dispute resolution procedures set out in clause 12.

(g)

Where the Owners Corporation has issued a Service Improvement Notice and the parties have failed to reach agreement on the implementation of the relevant Service Improvement within 60 days after receipt by the RU Utility Service Providers of the Service Improvement Notice, the Owners Corporation may implement the Service Improvement independently or through another contractor provided that such implementation does not have an adverse impact on the financial or risk position of the RU Utility Service Providers under this deed or any related arrangement.

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Dispute Resolution

Dispute Resolution (a)

If a dispute (Dispute) arises out of or relates to this deed and a party (Initiating Party) has given each other party (Recipient Party) a notice setting out brief details of that Dispute (Dispute Notice), the parties must use best endeavours to resolve the Dispute by negotiating in utmost good faith involving any of the Real Utilities Group’s Manager, Chief Executive Officer or Managing Director as the duly authorised representative for the RU Utility Service Providers (on the one hand) and the Owners Corporation’s strata manager or duly appointed representative (on the other hand).

(b)

If the Dispute is not resolved within fourteen days of negotiations commencing in accordance with clause 12(a) or a Recipient Party does not make its duly authorised representatives available for negotiations within fourteen days after the Recipient Party’s receipt of the Dispute Notice, the parties agree to settle the Dispute by mediation administered by the Australian Disputes Centre (ADC).

(c)

In the event that the mediation under clause 12(b) is unsuccessful, the parties agree that the Dispute must be submitted to expert determination conducted by an independent expert (Expert) in accordance with the ADC Rules for Expert Determination which are operating at the time the Dispute is referred to ADC.

(d)

For the purpose of clause 12(c), the Expert is a person: (1)

having appropriate qualifications and experience relevant to determining the Dispute;

(2)

who is agreed by the parties or, failing agreement within 5 Business Days of a written request to appoint an Expert, is nominated at the request of any party by the ADC in accordance with the ADC Rules for Expert Determination; and

(3)

who does not act, or whose firm does not act, generally for any party.

(e)

Any determination under clause 12(c) will be final and binding on the parties.

(f)

The parties must continue to perform and comply with their obligations under this deed despite the existence of a Dispute.

(g)

Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a court.

Confidentiality (a)

Except as otherwise provided in this deed, all information obtained by a party orally, or in writing or in disk or electronic form relating in any way, directly or indirectly, to this deed and the provision of Utility Services under this deed, which is not in the public domain (or which is in the public domain, but only as a consequence of a breach of this clause 13) (Confidential Information) will be kept confidential.

(b)

No party will disclose Confidential Information to third persons without the prior consent of each other party, provided that each party will be entitled to make disclosures of Confidential Information:

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(c)

Confidentiality

(1)

if required by Law, the Regulatory Requirements or the rules of a stock exchange on which the shares of a party or a party’s Related Body Corporate are listed;

(2)

to the receiving party’s Related Bodies Corporate or to the employees of the receiving party’s Related Bodies Corporate whose duties in either such case reasonably require such disclosure;

(3)

to independent lawyers, accountants, consultants, advisers and contractors of the receiving party whose duties in relation to the receiving party reasonably require such disclosure (subject to those persons agreeing to be bound by the confidentiality obligations of the receiving party under this clause 13);

(4)

if the disclosure is required by an order of a court of competent jurisdiction for the purposes of any litigation or arbitration arising from this deed;

(5)

to a potential purchaser or mortgagee of the Premises;

(6)

to a potential purchaser of a RU Utility Service Provider (or its direct or indirect holding company) or the Real Utilities Infrastructure Assets (and the advisers and financiers of the potential purchaser);

(7)

to a financier to the Owners Corporation;

(8)

to any Customer or potential Customer; or

(9)

where expressly permitted under this deed.

The Owners Corporation authorises the RU Utility Service Providers to use or disclose Metering Data: (1)

as reasonably required to administer the Utility Services and perform its respective obligations under this deed or any Customer Utility Agreements;

(2)

to any counterparty to any agreement entered into by a RU Utility Service Provider to manage any arrangements in providing the Utility Services or other services pursuant to any Customer Utility Agreements;

(3)

for the purpose of meeting obligations in relation to greenhouse gas reporting;

(4)

in respect of general Metering Data concerning the general electricity usage by post code (but excluding any information relating to Customer names or addresses or other identifying features), for its internal analyses of usage patterns; and

(5)

for the purpose of any Laws or any other lawful purpose reasonably considered necessary by any Real Utilities Group Member.

(d)

The RU Utility Service Providers authorise the Owners Corporation to disclose anything other than commercially sensitive information to third parties who reasonably require such disclosure for the purpose of the Owners Corporation achieving, maintaining or promoting a building performance and/or environmental impact rating of the Premises, its energy usage or environmental profile (subject to those persons agreeing to be bound by the confidentiality obligations of the receiving party under clause 13(a)).

(e)

The provisions of this clause 13 continue to bind a party, notwithstanding that it may have ceased to be a party to this deed, and will continue to apply for a period of 3 years after the date of termination of this deed.

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Force Majeure

Force Majeure (a)

If any party is, by reason of a Force Majeure Event, prevented from or delayed in performing any part of its obligations under this deed, that party (Affected Party) will give each other party (Other Party) notice as soon as reasonably possible of that fact including: (1)

reasonable particulars of the Force Majeure Event, the obligations affected by it and the extent these obligations are affected;

(2)

an estimate of the period of time required to enable the Affected Party to resume full performance of their obligations under this deed; and

(3)

where possible, the steps taken or to be taken to remove, overcome or minimise the effects of the Force Majeure Event.

(b)

The obligations of an Affected Party are suspended to the extent to which they are affected by the Force Majeure Event, for as long as the Force Majeure Event continues. The Affected Party’s non-compliance with any suspended obligations will not give rise to any liability (including, without limitation, in negligence) to each Other Party for any Loss (including, without limitation, Consequential Loss) arising out of, or in any way connected with, the nonperformance of those obligations.

(c)

An Affected Party will use reasonable endeavours to remove, overcome or minimise the effects of the Force Majeure Event.

(d)

An Affected Party will:

(e)

(1)

notify each Other Party when the Force Majeure Event has terminated or abated to the extent which would allow the Affected Party to resume performance of its obligations; and

(2)

notify each Other Party when it begins performing the previously suspended obligations.

During the period for which an obligation of the Affected Party is suspended pursuant to clause 14(b), each Other Party may (at its own cost) make temporary alternative arrangements for the performance of the suspended obligation (whether by another person or otherwise) without any liability (including, without limitation, in negligence) to the Affected Party.

Termination

15.1

Termination for convenience The RU Utility Service Providers (acting together) may terminate this deed in its entirety or as to a particular Utility Service by giving not less than 2 months prior written notice to the Owners Corporation.

15.2

Termination for breach If a party (Defaulting Party) materially breaches any of its obligations under this deed, then without limiting any other rights of a non-defaulting party (Non-Defaulting Party) under this deed or at general law and subject to this clause 15.2:

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Termination

(a)

if the breach is a Financial Breach, the Non-Defaulting Party may terminate this deed by written notice to the Defaulting Party if the Defaulting Party does not remedy that Financial Breach within 10 Business Days after receiving notice of the Financial Breach from the Non-Defaulting Party; and

(b)

if the breach is a Non-Financial Breach, the Non-Defaulting Party may terminate this deed by written notice to the Defaulting Party if the Defaulting Party: (1)

(2)

does not within 20 Business Days after receiving notice of the NonFinancial Breach from the Non-Defaulting Party: (A)

provide reasonable compensation to the Non-Defaulting Party for the effect of the breach;

(B)

remedy the breach; or

(C)

deliver to the Non-Defaulting Party a cure plan acceptable to the Non-Defaulting Party (acting reasonably) which sets out the steps that the Defaulting Party will implement in order to remedy the breach within a reasonable period no less than 20 Business Days and not exceeding 60 Business Days from the date of the original notice; or

fails to implement a cure plan accepted by the Non-Defaulting Party under clause 15.2(b)(1)(C) materially in accordance with its terms,

provided that the rights of a Non-Defaulting Party must be exercised in accordance with clause 15.2(c), 15.2(d) and 15.2(e):

15.3

(c)

if the Owners Corporation is the Defaulting Party, the rights of a Non-Defaulting Party can only be exercised jointly by the RU Utility Service Providers;

(d)

if any RU Utility Service Provider is the Defaulting Party, the rights of a NonDefaulting Party can only be exercised by the Owners Corporation; and

(e)

any notice issued under this clause 15.2 must be issued to each other party to this deed.

Suspension Without limiting clause 15.2, if the Owners Corporation is in breach of any of its obligations under this deed and the Owners Corporation fails to rectify such breach within 10 Business Days of a notice to the Owners Corporation to rectify the breach, each RU Utility Service Provider may suspend performance of its obligations under this deed until the breach has been rectified.

15.4

Effect of termination On termination or expiry of this deed, the rights of each party that have accrued prior to termination or expiry are not affected by such termination or expiry and the rights and obligations of the parties under the clauses of this deed expressed to continue in force or which are, by their nature, capable of enforcement against a party by the other party after termination of this deed remain in force.

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Risk and Liability provisions

16.1 Owners Corporation’s indemnity Subject to clause 16.3, the Owners Corporation indemnifies each RU Utility Service Provider and its directors, officers and employees against all Losses incurred or suffered by a RU Utility Service Provider as a consequence of any breach of this deed by the Owners Corporation.

16.2 Real Utilities’ indemnity Subject to clause 16.3 and 16.4, the RU Utility Service Providers indemnify the Owners Corporation against all Losses which the Owners Corporation incurs or suffers as a consequence of:

16.3

(a)

Wilful Misconduct of the RU Utility Service Providers and their Permitted Users; or

(b)

injury to, disease or death of, persons, in each case, to the extent caused by the negligent act or omission of, or a breach of this deed by, the RU Utility Service Providers and their Permitted Users; or

(c)

loss or damage to property of the Owners Corporation, in each case, to the extent caused by the negligent act or omission of, or a breach of this deed by, the RU Utility Service Providers and their Permitted Users.

Exclusion of Consequential Loss Subject to clause 16.4, but despite any other provision of this deed and to the extent permitted by law, a party will not be liable (including, without limitation, in negligence) for any Consequential Loss incurred or suffered by the other party or any third party whether under this deed or at law.

16.4

Exclusion and limitation of liability (a)

Despite anything else in this deed, none of the RU Utility Service Providers will be in default of their respective obligations under this deed to the extent that one or more of the RU Utility Service Providers are unable to provide any Utility Services as a result of the termination of, or the failure of any person to comply with any of their obligations, or the suspension of those obligations, under: (1)

an agreement for the connection of the Embedded Electricity Network to the external electricity distribution network (as defined in the Electricity Supply Act 1995 (NSW) as amended from time to time);

(2)

an agreement for the connection of the Premises to the potable water supply system;

(3)

any licence agreements entered into in relation to the Premises (including for the avoidance of doubt any Shared Facilities); or

(4)

any easements created for the Embedded Utility Networks or otherwise relied upon in connection with the provision of the Utility Services at the Premises; or

(5)

any other contractual arrangement between any RU Utility Service Provider and a third party in respect of the acquisition or maintenance

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Assignment

of any Embedded Utility Network or the provision at the Premises of the Utility Services, unless that termination, suspension or failure arises due to the default of a RU Utility Service Provider. (b)

To the fullest extent permitted by law, all warranties implied by common law or statute are excluded from this deed unless expressly included.

(c)

Despite anything else in this deed but subject to the remainder of this clause 16.4(c), the total liability (including, without limitation, in negligence) of the RU Utility Service Providers (taken together) under this deed in any calendar year is limited, irrespective of when a claim is brought, to the amount calculated as follows (Cap): Cap = Rev – GMC where Rev = total amount of revenue received by the RU Utility Service Providers (in aggregate) under Customer Utility Agreements in respect of that calendar year; GMC = total costs payable by the RU Utility Service Providers (in aggregate) in respect of electricity consumption measured at the Electricity Gate Meter (including any network charge component); except to the extent such liability to the Owners Corporation arises under clauses 16.2(a), 16.2(b) or 16.2(c), in which case the liability (including, without limitation, in negligence) of the RU Utility Service Providers (taken together) in any calendar year is limited to $10 million.

17 17.1

(d)

If this deed is terminated as a result of the Owners Corporation’s gross negligence or Wilful Misconduct (including its wilful failure to comply with its obligations under clause 9), the parties agree that the RU Utility Service Providers will be entitled to treat this deed as having been terminated due to the Owners Corporation’s breach of a fundamental term and that the Owners Corporation must in those circumstances pay each RU Utility Service Provider damages for its loss of bargain associated with the early termination of this deed and the parties acknowledge and agree that for clarity, such damages may include loss of profit, loss of revenue and loss of income notwithstanding clause 16.3.

(e)

Subject to clause 16.2 but despite anything else in this deed, the liability (including, without limitation, in negligence) of the RU Utility Service Providers (taken together) under this deed will be reduced to the extent such liability is covered by an insurance policy required to be effected and maintained by the Owners Corporation under this deed, and the Owners Corporation recovers an amount in respect of such liability under the relevant insurance policy.

Assignment No assignment by Owners Corporation The obligations of the Owners Corporation under this deed are personal to the Owners Corporation and are incapable of assignment. Accordingly, the Owners Corporation may not (and must not purport to) assign, transfer or novate any of its rights or obligations under this deed, including by way of Encumbrance other than an Encumbrance which complies with the requirements in clause 9(k).

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17.2

Novation by Real Utilities (a)

(b)

Insurances

Each RU Utility Service Provider may transfer its rights and obligations under this deed to a third person (Transferee) with the prior written consent of the Owners Corporation. The Owners Corporation’s consent to such transfer must not be withheld or delayed where the Transferee: (1)

is legally, financially and technically capable of performing the obligations of the relevant RU Utility Service Provider transferor (RU Transferor) under this deed; and

(2)

enters into a deed of covenant with the Owners Corporation (in a form reasonably acceptable to the Owners Corporation) by which the Transferee covenants to be bound by the terms of this deed (as amended where necessary to give effect to the transfer and having regard to any consequential amendments required if the Transferee is not a Real Utilities Group Member) and assumes the obligations of the RU Transferor under this deed (as amended where necessary to give effect to the transfer and having regard to any consequential amendments required if the Transferee is not a Real Utilities Group Member) arising from and after the date of the transfer.

The Owners Corporation must take reasonable steps to promptly enter into the deed of covenant referred to in clause 17.2(a)(2) following a request from the RU Transferor that it do so.

Insurances (a)

The RU Utility Service Providers must effect and keep current during the Term of this deed and any extension thereof, the insurance policies described in clause 1 of Schedule 5.

(b)

The Owners Corporation has effected for the Term of this deed the insurance policies described in clause 2 of Schedule 5.

(c)

Each party must provide the other party with a copy of the current certificate of currency, policy wording, policy schedule and any endorsements for the policies referred to in clause 18(a) and clause 18(b) promptly upon request.

(d)

Each party must promptly notify the other of any cancellation of any policy of insurance required by clause 18(a) and clause 18(b).

Temporary Disconnection (a)

A RU Utility Service Provider must temporarily disconnect, curtail, interrupt or reduce the supply of the Utility Services through the Embedded Utility Networks at all or any portion of the Premises (including for the avoidance of doubt at any Shared Facilities or otherwise affecting the supply of the Utility Services to the Shared Facilities) at the Owners Corporation’s request if the Owners Corporation is directed to do so under a Regulatory Requirement.

(b)

If all or any portion of the Premises is disconnected pursuant to clause 19(a), the Owners Corporation and the relevant RU Utility Service Provider must use all reasonable endeavours to resume connection for the supply of the Utility Services as soon as reasonably practicable following the disconnection event.

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(c)

Terms of this deed

The Owners Corporation agrees that each of the RU Utility Service Providers may disconnect, curtail, interrupt or reduce the supply of the Utility Services at all or any portion of the Premises: (1)

in accordance with the Hardship Policy;

(2)

in accordance with the terms of any Customer Utility Agreement;

(3)

if the Owners Corporation, or a person within the Owners Corporation’s authority, does not give an Authorised Person access to the Premises in accordance with clause 9(b) of this deed and the Owners Corporation does not promptly rectify the obstruction following a request from the relevant RU Utility Service Provider to do so;

(4)

in an Emergency;

(5)

for inspections, maintenance, or testing of the Embedded Utility Networks;

(6)

if a RU Utility Service Provider determines (acting reasonably) that the condition or state of repair of any Owners Corporation Infrastructure Assets or other systems at or on the Premises so requires;

(7)

if a RU Utility Service Provider or the owner or operator of any external distribution network is directed or permitted to do so under a Regulatory Requirement;

(8)

if the owner or operator of any external distribution network fails to supply electricity or potable water to the Embedded Utility Networks or the Premises; or

(9)

if a Customer has used any of the Utility Services through the Embedded Utility Networks within the relevant portion of the Premises in a way that causes a RU Utility Service Provider to have committed an offence or breached a Regulatory Requirement (including for the avoidance of doubt any Customers in respect of all or part of the Shared Facilities).

(d)

The relevant RU Utility Service Provider will endeavour, where practicable, to ascertain and inform the Owners Corporation of the dates on which an event listed in clauses 19(c)(4) to 19(c)(6) is occurring or will occur.

(e)

Neither Real Utilities nor the Real Utilities Infrastructure Owner is liable (including, without limitation, in negligence) for any Loss arising from or in connection with the provision of the Utility Services through the Embedded Utility Networks being disconnected, curtailed, interrupted or reduced in accordance with this clause 19.

(f)

The Owners Corporation agrees to pay the RU Utility Service Providers for any costs incurred by Real Utilities or the Real Utilities Infrastructure Owner relating to disconnection and any subsequent reconnection in accordance with this clause 19.

Terms of this deed (a)

This deed applies to the exclusion of any Regulatory Requirements except where the Regulatory Requirements prohibit this.

(b)

Where this deed refers to the Owners Corporation or a RU Utility Service Provider exercising a right or performing an obligation, that right must be

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GST

exercised or that obligation performed in accordance with all relevant Regulatory Requirements applicable to this deed.

(c)

The warranties, undertakings and indemnities in this deed do not merge on the termination of this deed.

(d)

This deed overrides all prior negotiations, representations, proposals, understandings and agreements, whether written or oral, relating to the subject matter of this deed. The Owners Corporation acknowledges that it has not relied on any predictions, forecasts, advice or statements of opinion by the RU Utility Service Providers, or any of employees or agents of the RU Utility Service Providers, as to the appropriateness or financial effect of this deed, market conditions, or the likelihood or otherwise of price changes or events that may constitute a Change in Law.

GST (a)

In this clause 21, all italicised and emboldened terms have the same meaning as in the GST Law. In addition: (1)

“Recipient” means the party that receives the Supply from the Supplier;

(2)

“Supplier” means the party that provides the Supply to the Recipient and includes the representative member of the GST Group if the Supplier is a member of a GST Group;

(3)

“Supply” means any supply to the Recipient by the Supplier pursuant to this deed. However, if the GST Law treats part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply will be attributable, such part of the supply will be treated as a separate supply for the purposes of this clause.

(b)

Unless expressly stated otherwise in this deed, all amounts referred to in this deed, including amounts used to determine a payment to be made by one party to the other (other than under this clause) are exclusive of GST (GST Exclusive Consideration).

(c)

To the extent that GST is payable by the Supplier in connection with any Supply:

(d)

(1)

the GST Exclusive Consideration to be provided under this deed for that Supply is increased by an amount equal to the GST payable by the Supplier (excluding any Excess GST);

(2)

the Recipient must pay the additional amount payable under clause 21(c)(1) to the Supplier at the same time and in the same manner as the GST Exclusive Consideration for the Supply is otherwise required to be provided upon receiving a tax invoice from the Supplier for that Supply or as otherwise provided in this deed;

Whenever an adjustment event occurs in relation to a Supply, the Supplier must determine the net GST in relation to a Supply (taking into account any adjustment and excluding any Excess GST) and if the net GST differs from the amount previously paid under clause 21(c)(1), the amount of the difference must be paid by, refunded to or credited to the Recipient, as applicable;

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(e)

Compliance with Laws and policies

Where a party reimburses the other party for an expense or other amount incurred in connection with any wholly or partly creditable acquisition or any wholly or partly creditable importation made by that other party, the amount reimbursed shall be net of any input tax credit claimable in respect of that acquisition or importation (as the case may be).

Compliance with Laws and policies All parties must comply with the:

(a)

Law and Regulatory Requirements;

(b)

Privacy Act 1988 (Cth);

(c)

(d)

Hardship Policy; and

(e)

Complaints Policy.

Warranties Each party warrants to the other parties that as at the date of this deed: (a)

it is validly incorporated and presently existing under the laws of the place of its incorporation;

(b)

it is not insolvent; and

(c)

it is duly authorised to enter into this deed.

Notices

24.1

Form Unless expressly stated otherwise in this deed, all notices, certificates, consents, approvals, waivers and other communications in connection with this deed (Notices) must be in writing, signed by the sender (if an individual) or an authorised officer of the sender and marked for the attention of the person identified in Schedule 6 or, if the recipient has notified otherwise, then marked for attention in the way last notified.

24.2

Delivery Notices must be: (a)

left at the address set out or referred to in Schedule 6;

(b)

sent by prepaid express or registered post (or trackable airmail if sending to or from a place outside Australia) to the address set out or referred to in Schedule 6;

(c)

sent by email to the address referred to in Schedule 6; or

(d)

given in any other way permitted by law.

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General

However, if the intended recipient has notified a changed postal or email address then the communication must be to that address.

24.3

When effective Notices take effect from the time they are received unless a later time is specified.

24.4

Receipt – post If sent within Australia, a Notice is taken to be received two Business Days after posting if sent by prepaid express post, and four Business Days after posting if sent by registered post. If sent to or from a place outside Australia, a Notice is taken to be received ten Business Days after posting.

24.5

Receipt – email If sent by email, a Notice is taken to be received on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed).

24.6

Receipt - general Despite clause 24.4 (“Receipt - post”), if a Notice is received after 5.00pm in the place of receipt or on a non-Business Day, it is taken to be received at 9.00am on the next Business Day.

General

25.1

Discretion in exercising rights A party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this deed expressly states otherwise.

25.2

Failure to exercise rights Except as otherwise set out in this deed, any partial exercise, failure to exercise, or delay in exercising, a right or remedy provided under this deed or by law does not operate as a waiver or prevent or restrict any further or other exercise of that or any other right or remedy in accordance with this deed.

25.3

No liability for loss Except as otherwise set out in this deed, a party is not liable (including, without limitation, in negligence) for Loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy that is available to it under this deed.

25.4

Approvals and consents By giving its approval or consent a party does not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

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25.5

General

Conflict of interest The parties’ rights and remedies under this deed may be exercised even if this involves a conflict of duty or a party has a personal interest in their exercise.

25.6

Remedies cumulative The rights and remedies provided in this deed are in addition to other rights and remedies given by law independently of this deed.

25.7

Rights and obligations are unaffected Rights given to the parties under this deed and the parties’ liabilities under it are not affected by anything which might otherwise affect them by law.

25.8

Variation and waiver A provision of this deed or a right created under it, may not be waived or varied except in writing, signed by the party or parties to be bound.

25.9

Indemnities The indemnities in this deed are continuing obligations, independent from the other obligations of the parties under this deed and continue after this deed ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this deed.

25.10

Further steps Each party agrees, at its own expense, to do anything the other party asks (such as obtaining consents, signing and producing documents and getting documents completed and signed):

25.11

(a)

to bind the party and any other person intended to be bound under this deed; and

(b)

to show whether the party is complying with this deed.

Prompt performance If this deed specifies when the party agrees to perform an obligation, the party agrees to perform it by the time specified. Each party agrees to perform all other obligations promptly.

25.12

Construction No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this deed or any part of it.

25.13

Costs The parties agree to pay their own legal and other costs and expenses in connection with the preparation, execution and completion of this deed and other related documentation.

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25.14

Governing Law

Inconsistent law To the extent permitted by law, this deed prevails to the extent it is inconsistent with any Law. However, if any part of this deed is unlawful, unenforceable or invalid, that part is to be treated as removed from the deed, but the rest of the deed is not affected.

25.15

Supervening legislation Any present or future legislation which operates to vary the obligations of a party in connection with this deed with the result that another party’s rights, powers or remedies are adversely affected (including, by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by Law.

25.16

Benefits held on trust Each RU Utility Service Provider holds the benefit of each indemnity, promise and obligation in this deed expressed to be for the benefit of a director, officer or employee of a RU Utility Service Provider, on trust for that director, officer or employee.

25.17

Completion of blanks (a)

Following the execution of this deed by the parties, the Owners Corporation irrevocably authorises and directs the RU Utility Service Providers (and their solicitors) to complete this deed by filling in blanks in accordance with this deed and otherwise in order to give effect to the intention of the parties, including those for the details of the Owners Corporation in the ‘Parties’ section on page 1 of this deed, by inserting the Owners Corporation’s ABN and address details.

(b)

The RU Utility Service Providers must promptly on completion of this deed in accordance with this clause, give a copy of the completed deed to the Owners Corporation with details of the blanks completed.

Governing Law This deed will be construed in accordance with and governed by the laws of the State.

Counterparts This deed may consist of a number of copies each signed by one or more parties to the deed. If so, the signed copies are treated as making up the one document.

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Schedules Table of contents Schedule 1 – Details of Premises

Schedule 2 – Embedded Electricity Network

Schedule 3 – Central Hot Water System Provisions

Schedule 4 – Not Used

Schedule 5 – Insurance requirements

Schedule 6 – Notice details

Schedule 7 – Not used

Annexure A – Privacy Policy

Annexure B – Hardship Policy

Annexure C – Complaints Policy

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Schedule 1 – Details of Premises Strata Plan [insert]

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Schedule 2 – Embedded Electricity Network

Application The provisions of this Schedule only apply if and for so long as an Embedded Electricity Network is installed at the Premises.

General (a)

The Real Utilities Infrastructure Owner will own: (1)

any Solar PV System installed by the RU Utility Service Providers as contemplated under clause 4.8, for so long as it is installed at or adjacent to the Premises; and

(2)

that part of the Embedded Electricity Network which comprises the meter cabinets and current transformers installed in the main switchboard, any power factor correction device, child electricity meters installed at Lots and in the Common Property (including the Shared Facilities), and the associated telemetry, communications, modems, billing platform software and Intellectual Property.

(b)

The parties acknowledge that each Electricity Gate Meter is as at the date of this deed owned by an accredited Metering Provider.

(c)

The Regulatory Requirements include: (1)

the conditions applying from time to time to Real Utilities’ retailer authorisation granted by the Australian Energy Regulator under section 88 of the National Energy Retail Law in respect of the sale of energy to customers;

(2)

the conditions applying to the exemption granted to the Owners Corporation and the Real Utilities Infrastructure Owner from the requirement to register as a network service provider under the NER and the National Electricity Law (Network Exemption); and

(3)

the NERR.

(d)

The RU Utility Service Providers and the Owners Corporation must take all reasonable steps to ensure that Customers have the opportunity to enter Customer Utility Agreements for the provision of Network Services and the onselling of electricity.

(e)

The parties acknowledge that the Embedded Network Manager is required to perform certain functions under Regulatory Requirements and agree to cooperate in facilitating the performance by the Embedded Network Manager of those functions.

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Electricity Services (a)

(b)

The Electricity Services to be provided by the Real Utilities Infrastructure Owner will include: (1)

take reasonable steps to procure that the Owners Corporation maintains the Network Exemption;

(2)

appoint the Embedded Network Manager and 'Embedded Network Operator' (if required);

(3)

the provision of Network Services under the Customer Utility Agreements;

(4)

the provision of Network Services through the Real Utilities Infrastructure Assets necessary to enable the provision of Network Services to any Customers under an agreement entered into by a RU Utility Service Provider to provide Network Services or sell electricity to premises which require the use of the Real Utilities Infrastructure Assets;

(5)

the use of the Real Utilities Infrastructure Assets (including for the avoidance of doubt the Solar PV System) and the Licensed Area (including for the avoidance of doubt the Shared Facilities) as reasonably required to provide Network Services or sell electricity to any Customers under an agreement entered into by Real Utilities to sell electricity;

(6)

allowing Real Utilities to use the Real Utilities Infrastructure Assets to the extent necessary to sell electricity to: (A)

Customers under the Customer Utility Agreements; or

(B)

any other customers under an agreement entered into by Real Utilities to sell electricity to premises which require the use of the Real Utilities Infrastructure Assets;

(7)

the management of disconnection and reconnection processes in respect of Network Services, to the extent any disconnection and subsequent reconnection is being undertaken under a Customer Utility Agreement in respect of Network Services; and

(8)

the management of disconnection and reconnection processes for any other customers under an agreement entered into by the Real Utilities Infrastructure Owner for the provision of Network Services which require the use of the Real Utilities Infrastructure Assets; and

(9)

any other service agreed between the Real Utilities Infrastructure Owner and the Owners Corporation or the Customer (as the case may be) in writing to be an Electricity Service.

The Electricity Services to be provided by Real Utilities are as set out below in this clause 3(b): (1)

the provision of electricity to Customers under the Customer Utility Agreements;

(2)

the provision of electricity to Customers requiring the use of the Real Utilities Infrastructure Assets (including for the avoidance of doubt the Solar PV System) and the Licensed Area (including for the avoidance of doubt any Shared Facilities);

(3)

data collection in relation to electricity consumption and storage;

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(4)

Metering Services relating to electricity consumption;

(5)

billing and payment services for charges relating to electricity consumption (including any network charges component), including providing remote access to billing systems for Customers;

(6)

customer service in connection with the supply of electricity or Network Services, including providing a customer service enquiry access by telephone or internet;

(7)

the management of disconnection and reconnection processes in respect of electricity, to the extent any disconnection and subsequent reconnection is being undertaken under a Customer Utility Agreement in respect of the on-sale of electricity;

(8)

the management of disconnection and reconnection processes for any other customers under an agreement entered into by Real Utilities for the sale of electricity to premises which require the use of the Real Utilities Infrastructure Assets; and

(9)

any other service agreed between Real Utilities and the Owners Corporation or the Customer (as the case may be) in writing to be an Electricity Service.

Life Support Equipment (a)

The RU Utility Service Providers and the Owners Corporation must cooperate to ensure that each Energy Customer and any other occupant of the Premises is provided with the Life Support Equipment Policy.

(b)

If the Owners Corporation becomes aware that a person (including an Energy Customer) living at the Premises requires Life Support Equipment, the Owners Corporation must promptly notify each RU Utility Service Provider with details of the requirement and of the Lot at which the person resides.

(c)

If the Owners Corporation becomes aware that the Life Support Equipment notified in accordance with clause 4(a) is no longer required by the person living at the Premises, the Owners Corporation must promptly notify this to each RU Utility Service Provider.

(d)

If a Lot within the Premises is notified as requiring Life Support Equipment, the RU Utility Service Providers and the Owners Corporation must co-operate in good faith and each use their best endeavours to ensure: (1)

the person living at the Premises has been provided with the Life Support Equipment Policy and any other information required to be provided under the Regulatory Requirements, including emergency telephone contact details; and

(2)

the supply of electricity to that person’s Lot is not interrupted except in accordance with the Life Support Equipment Policy.

Line diagrams See following page.

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Schedule 3 – Central Hot Water System Provisions

Application The provisions of this Schedule only apply if and for so long as a Central Hot Water System is installed at the Premises.

General (a)

The Owners Corporation owns the Central Hot Water System which for the avoidance of doubt excludes the Hot Water Metering Equipment.

(b)

Real Utilities Infrastructure Owner owns the Hot Water Metering Equipment, which comprises: electricity, water flow, temperature, wiring between water flow meters and electricity meters, metering telemetry and isolation valve adjacent to meters and connection points and the associated billing platform software and Intellectual Property, but excluding any potable cold water meters.

(d)

Potable cold water meters are owned by Sydney Water.

(e)

The Owners Corporation acknowledges that the potable water which is heated by the Central Water Heater is supplied by a third party and that: (1)

neither RU Utility Service Provider sells that water to Customers;

(2)

neither RU Utility Service Provider has control over the quality or reliability of potable water to the Premises; and

(3)

each RU Utility Service Provider does not accept any liability whatsoever (including, without limitation, in negligence) in relation to such supply of potable water to the Premises.

(f)

(g)

The parties acknowledge and agree that: (1)

nothing in this Schedule or elsewhere in the deed in respect of Hot Water Services constitutes activities requiring licensing under the Water Industry Competition Act 2006 (NSW); and

(2)

to the extent any provisions of this deed are contrary to or inconsistent with this clause 2(g) of Schedule 3, such provisions will be read down to the extent of that inconsistency.

Hot Water Services The Hot Water Services to be provided by Real Utilities will include:

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(d)

the provision of electricity to the Central Hot Water System for the heating of water (water heating service);

(e)

the use of the Real Utilities Infrastructure Assets reasonably required to measure the amount of thermal energy used for the heating of water to any Customers under an agreement entered into by a RU Utility Service Provider to provide the water heating service;

(f)

data collection and storage in relation to consumption of thermal energy for the heating of water;

(g)

Metering Services relating to thermal energy for the heating of water, including coordination with the metering provider in respect of potable water;

(h)

billing and payment services for Customers for charges relating to the water heating service based on the Customer’s use of hot water;

(i)

customer service in connection with the water heating service, including providing a customer service enquiry access by telephone or internet;

(j)

the management of disconnection and reconnection processes in respect of the water heating service; and

(k)

any other service agreed between Real Utilities and the Owners Corporation or the Customer (as the case may be) in writing to be a Hot Water Service.

Unplanned maintenance and repairs (a)

Each of the Owners Corporation and Real Utilities must promptly notify the other party if it becomes aware of any defect in the operation of the Central Hot Water System.

(b)

Where a party has issued a notice under clause 4(a): (1)

if the defect is in respect of the Central Hot Water System, the Owners Corporation must procure that the Developer (or an entity acting on the Developer’s behalf) arrange for a suitably qualified trades person to attend the Premises to rectify the defect except to the extent that undertaking such repairs would be in breach of the Strata Schemes Management Act; and

(2)

if the defect is in respect of the Hot Water Metering, the RU Utility Service Providers will arrange for a suitably qualified trades person to attend the Premises to rectify the defect and the costs of repair will be for the account of the RU Utility Service Providers.

Arrangements on termination Upon any termination or expiry of this deed with respect to Hot Water Services, the RU Utility Service Providers may at their option remove the Hot Water Metering Equipment from the Premises, the Common Property or any other location, in which case the costs of removal will be for the account of the Real Utilities Service Providers.

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Schedule 4 – Not Used

Not used

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Schedule 5 – Insurance requirements

Insurances of RU Utility Service Providers 1. Industrial special risks insurance in respect of the Real Utilities Infrastructure Assets for the full insurable value on a full replacement basis; and 2. Public liability insurance in respect of the Real Utilities Infrastructure Assets which covers death and injury to any person and damage to property of any person sustained when that person is using or entering or near the Real Utilities Infrastructure Assets for an amount no less than $20 million.

Owners Corporation insurances 1. Building insurance in respect of the Premises; 2. Machinery breakdown insurance other than in respect of the Real Utilities Infrastructure Assets; 3. Public liability insurance in respect of the Premises and Owners Corporation Infrastructure Assets which covers death and injury to any person and damage to property of any person sustained when that person is using or entering or near the Premises for an amount no less than $20 million; 4. Workers compensation insurance (including voluntary workers insurance) in respect of the Owners Corporation’s business and each person employed by the Owners Corporation in the business conducted on the Premises for the full amount of the Owners Corporation’s liability under any applicable workers compensation legislation; and for the full amount of the Owners Corporation’s potential legal liability independently of that legislation; 5. Owners Corporation office bearers’ liability insurance; and 6. Any other insurance that the Owners Corporation is required to take out, including under the Strata Schemes Management Act.

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Schedule 6 – Notice details Real Utilities Pty Limited Attention: Company Secretary Level 2, 1C Homebush Bay Drive Rhodes NSW 2138 Email: secretariat@frasersproperty.com.au

Real Utilities Ed Park Pty Limited Attention: Company Secretary Level 2, 1C Homebush Bay Drive Rhodes NSW 2138 Email: secretariat@frasersproperty.com.au

Owners Corporation Attention: Secretary c/o Strata Plus Sydney PO Box H181 Australia Square NSW 1215 Email: info@strataplus.com.au

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Schedule 7 – Not used Not used.

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Annexure A – Privacy Policy See following pages.

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Real Utilities Privacy policy 26.09.17

Privacy Policy Your privacy is important to Real Utilities. This statement outlines the policy of Real Utilities Pty Limited and those of its related entities that are listed at frasersproperty.com.au/Real-Utilities/Home/Entities (together, called "Real Utilities”) on how we manage the personal information we hold (“Policy”). Set out at the end of this Policy, we include our credit reporting policy, which deals with particular types of personal information we handle in connection with the provision of credit to our customers. It is Real Utilities' policy to respect the confidentiality of personal information and the privacy of individuals. Real Utilities is bound by the Privacy Act 1988 (Cth) (“Privacy Act”) including the Australian Privacy Principles (“Australian Privacy Principles”) and any relevant privacy code registered under the Privacy Act. The Privacy Act defines 'personal information' as information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable. What kind of personal information do we collect? The type of personal information we may collect and hold includes (but is not limited to) names, address, identification information, date of birth, age, contact details like phone numbers and email addresses, concession card details, payment card information, employment status, position held as well as other information contained in forms you provide. We also collect information about your interactions and communications with us (including in person, online and via telephone or email). Information is also collected regarding your use of our webpages under the URLs frasersproperty.com.au/RealUtilities and realutilities.com.au (“Real Utilities Webpages”)(see further below). Where an individual at premises to which we supply or may supply utility services has a requirement for life support equipment (“Life Support Customer”), we may collect and record these details, including details of any related health condition. You must obtain the approval of any other person before providing us with their personal information to permit us to use such information for the purpose it was collected in accordance with this Policy. The types of individuals we usually collect this information about include: - customers, clients, applicants for utility services and suppliers; - individuals who share premises with the individuals described above, or who otherwise use electricity that we supply; - job applicants, employees, and contractors; - shareholders; and - other people who may come into contact with Real Utilities in the ordinary course of our business. What methods do we use to collect your personal information? Personal information may be obtained directly from you, including by way of telephone conversations, emails, internet enquiries you make or forms you fill out (online or in hard copy), face-to-face meetings or interviews. There may be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect it directly from you. For example, we may obtain a reference from a third party. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

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We may ask for other information voluntarily from time to time (for example, through market research or surveys) to enable us to improve our service or consider the wider needs of our customers or potential customers. If you use the Real Utilities Webpages, we may also collect additional personal information about you in the form of your IP address or domain name. The Real Utilities Webpages use cookies. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor usage of the Real Utilities Webpages and to create a personal record of when you visit the Real Utilities Webpages and what pages you view so that we may service you more efficiently. We may also use third party advertising programs that use cookies to display more relevant advertisements on third party websites. In most cases, if you do not provide information about yourself which Real Utilities has requested, Real Utilities may not be able to provide you with the relevant product or service. Exception in relation to Employee Records: Real Utilities is not bound by the Australian Privacy Principles in relation to Real Utilities’ treatment of an employee record, if the treatment is directly related to the current or former employment relationship between Real Utilities and the employee. Employees of Real Utilities should contact their human resources representative for more information about how we handle employee information. How do we use personal information and to whom may we disclose it? Real Utilities uses personal information for the primary purpose for which it is collected. In some circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance where you would reasonably expect us to and the purpose is related to the purpose of collection). In general, Real Utilities collects personal information for the following purposes: - to provide products or services that have been requested; - to help us manage and enhance our products and services, including by analysing future customer needs; - to facilitate our internal business processes; - to communicate with you and respond to your complaints and enquiries; - to assess the suitability of utility account applicants and customers; - to prepare utility bills and process payments for customers; - to provide ongoing marketing information about our products and services that we believe may be of interest to you (unless you opt out or we are prevented by law); - to comply with legal obligations; and - the recruitment of employees and contractors. Depending on the product or service concerned, personal information may be disclosed to: - related entities of Real Utilities; - entities that are authorised under the energy laws (or that are otherwise exempt from this requirement) to provide utility services to customers (“Electricity Service Providers”), on whose behalf we act as agent in providing utility services; - other parties involved in the electricity supply chain; - trusted joint venture / alliance partners; - service providers and specialist advisers to Real Utilities or Electricity Service Providers (as the case may be) who have been contracted to provide Real Utilities with services in relation to electricity supply arrangements (including metering related services) or administrative, technology, website hosting, financial, payment processing, research or other services; - other insurers, courts, tribunals and regulatory authorities as agreed or authorised by law;

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- reference agencies or insurance investigators; or - anyone authorised by an individual, as specified by that individual or the contract. Some of these organisations may be located overseas so they may not be subject to privacy obligations comparable to those under the Australian Privacy Act. We require that organisations outside the group comprising Real Utilities who handle or obtain personal information as service providers to Real Utilities acknowledge the confidentiality of this information and comply with the Australian Privacy Principles. We also generally require that these organisations only use this information for purposes authorised by us and that they otherwise follow our reasonable directions with respect to the handling and storage of this information. Real Utilities may decide to buy or sell assets which form part of or relate to its business or a division or organisation within Real Utilities. In any such transaction, personal information will usually be one of the transferred assets and will be disclosed to the purchaser to use for the same purposes as it was previously used by Real Utilities. Sensitive information is subject to greater restrictions Some personal information which we collect is 'sensitive'. Sensitive information includes a person's racial or ethnic origin, religion, membership of political bodies or trade unions, sexual preferences or activities, criminal record, state of health and medical history. Sensitive information, specifically health information, may be relevant to applications by prospective employees and while consent will be sought before this is obtained, we may not be able to adequately assess candidates' suitability for some positions without this information. Real Utilities may act as an Energy Service Provider or as an agent on behalf of Energy Service Providers to provide utility services to customers. In either of these capacities, Real Utilities is required to collect health information about customers receiving, or applicants for, utility services from an Electricity Service Provider regarding Life Support Customers (whether the customer/applicant itself or a third party Life Support Customer). We will only collect, use and disclose health information or other sensitive information about a Life Support Customer with the consent of the relevant party, unless otherwise authorised by law. The Australian Privacy Principles require that sensitive information is used and disclosed only for the purposes for which it was provided, or for directly related secondary purposes, unless you agree otherwise or if the use or disclosure of this information is required by law (for example, to prevent a crime or serious injury). Management and security of personal information Real Utilities trains it employees who handle your information to comply with this Policy and the Privacy Act and to otherwise respect the confidentiality of your information and your privacy. Real Utilities regards breaches of your privacy very seriously. How do we store personal information? Safeguarding the privacy of your information is important to us, whether you interact with us personally, by telephone, mail, over the internet or other electronic media. We and our technology service providers hold personal information in a combination of secure computer storage facilities and paper based files and other records and take steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure. The Privacy Act also requires us not to store personal information longer than necessary. Where we no longer require any personal information for a purpose permitted under the Privacy Act, we will take steps to destroy or de-identify it. We will store your personal information in Australia for the purposes set out above. As mentioned above, Real Utilities may disclose your personal information overseas, including to New Zealand, China, Hong Kong, Canada, USA and other countries. How do we keep personal information accurate and up-to-date?

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We take reasonable steps to ensure that the personal information we hold about you is accurate and up-to-date. We realise that this information changes frequently with changes of address and other personal circumstances. We encourage you to contact us as soon as possible in order to update any personal information we hold about you. Our contact details are set out below. You have the right to check what personal information about you we hold Under the Privacy Act, you have the right to request access to any personal information which we hold about you and to advise us if the information should be corrected. The Privacy Act sets out the circumstances when we can refuse those requests. If we do refuse a request, we will provide you with a written notice that sets out the reasons (unless it would be unreasonable to provide them). To make a request to access information we hold about you, please contact us in writing. We will require you to verify your identity and to specify what information you require. We may charge a fee to cover the cost of locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, we will advise the likely cost in advance and can help to refine your request if required. What if you have a complaint? If you consider that any action of Real Utilities breaches this Policy, the Privacy Act, or a privacy code that applies to us, you can make a complaint through one of the contacts below. We will endeavour to act promptly in response to a complaint. If you are not satisfied with our response to your complaint, you can contact: - Energy and Water Ombudsman of New South Wales, www.ewon.com.au, 1800 246 545 - the Australian Information Commissioner, www.oaic.gov.au, 1300 363 992. How to contact us You can contact us about a privacy-related issue by email, phone, or post: Telephone: 1300 16 16 68 Email: support@realutilities.com.au Mail: PO Box 621, Archerfield BC, QLD 4108 Updates to this Policy This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. If you are unsure whether you are reading the most current version, please contact us. Review of this Policy This Policy will be reviewed by Real Utilities every two years and at any other time considered appropriate by Real Utilities (such as if there is a change in privacy law). Credit reporting policy We are a credit provider in the sense that we offer utility services to customers on a postpaid basis. This section applies to you if you are or you apply to be one of those customers. Except where specified otherwise, this section applies in addition to the other sections of this Policy. We collect, hold, use and disclose particular types of personal information in connection with our credit provider activities. Some of this information relates to your applications and credit arrangements with us, and some of it relates to your applications and

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arrangements with other credit providers. We call this information ”personal credit information”, and it may include, to the extent permitted by law: - identification details like name, date of birth, sex, current and former addresses, employer and driver's licence number; - details of credit applications you have made including the amount and type of credit; - details of your current and previous credit arrangements, including credit providers, start and end dates, credit limits and other terms and conditions; - records of personal credit checks made about you with credit reporting bodies (“CRBs”); - information about payment defaults, including details of agreed payment arrangements and subsequent repayment; - a credit provider’s opinion that you have committed a serious credit infringement (eg, fraud); - publicly available information relevant to your credit worthiness, including adverse court judgments and bankruptcy details; - any credit score or credit risk assessment indicating a CRB’s, credit provider's or our analysis of an individual’s eligibility for consumer credit; and - any other types of ‘credit information’ and ‘credit eligibility information’ about an individual permitted under the Privacy Act. We may collect personal credit information as described in this Policy under ‘What methods do we use to collect your personal information?’. We also exchange personal credit information with CRBs. This helps them to maintain information about you to share with credit providers and other permitted parties for purposes including credit assessments. Please note that you can request CRBs not to: - use or disclose your personal credit information, if you are or are likely to be a victim of fraud; and - use your personal credit information to determine your eligibility to receive direct marketing from credit providers. We may also exchange personal credit information with your representatives, referees and legal advisors and with other credit providers, credit insurers, debt buyers and parties involved in any sale of our business or assets. The purposes for which we may use and disclose your personal credit information collected from CRBs include: - assessing your credit applications; - rating your credit worthiness; - managing your credit arrangements; - collecting overdue payments; - participating in the credit reporting system; - assigning debts; and - handling complaints and requests. We may use and disclose other personal credit information for these purposes and also as described in this Policy under ‘How do we use personal information and to whom may we disclose it?’. Please see the following sections of this Policy in relation to the storage of your personal credit information and your rights to access and correct that information, and make complaints:

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- ‘How do we store personal information?’; - ‘You have the right to check what personal information about you we hold’; and - ‘What if you have a complaint?’ For some correction requests and complaints, we may need to consult with CRBs and other credit providers.

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Annexure B – Hardship Policy See following pages.

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Customer Hardship Policy

Real Utilities Pty Limited Level 2, 1C Homebush Bay Drive, Rhodes, NSW, 2138

Real Utilities Pty Limited Customer Hardship Policy

Commercial-in-Confidence

Page 1 of 19

Effective Date:

27 October 2017

Approved By:

Mr. Paolo Bevilacqua

Version 1

27 October 2017

Table of Contents 1. 2. 2.1

Introduction to the Policy and the Hardship Program .................................... 4 Commitments supporting the Hardship Program........................................... 4 Real Utilities commitments ............................................................................. 4

2.2

Commitments from customer in the Hardship Program ................................ 5

3. 3.1

Entering the Hardship Program....................................................................... 6 Entry criteria .................................................................................................... 6

3.2

Identification of hardship ................................................................................ 6

3.4

Indicators of Hardship ..................................................................................... 7

3.5

Customers not eligible for Hardship Program................................................. 9

3.6

Acceptance into the Hardship Program .......................................................... 9

4. 4.1

What a Customer Can Expect in our Hardship Program ............................... 10 Flexible Payment Options ............................................................................. 10

4.2

Short/medium term payment options .......................................................... 10

4.3

Longer Term Payment Plans.......................................................................... 11

4.4

Review of payment arrangements ................................................................ 12

4.5

Centrepay ...................................................................................................... 12

4.6

Government Energy Rebates, Concessions and Grants ................................ 12

4.7

Energy Efficiency Advice and Energy Efficiency Products ............................. 13

5. 6. 6.1

Market Contract Review ............................................................................... 15 Leaving the Hardship Program ...................................................................... 15 Successful completion of Hardship Program ................................................ 15

6.2

Removal from Hardship Program.................................................................. 16

6.3

Leaving the Hardship Program on request ................................................... 17

7. 8. 9. 10.

Communicating with customers in hardship ................................................ 17 Training .......................................................................................................... 17 Complaints..................................................................................................... 17 Privacy of Personal Information .................................................................... 18

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11. 12.

Real Utilities Contact Details ......................................................................... 19 Version Control................................................. Error! Bookmark not defined.

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Introduction to the Policy and the Hardship Program

Commitments supporting the Hardship Program

2.1

Real Utilities commitments

treating customers with respect, courtesy and empathy and without judgment;

b. applying this Policy consistently and transparently for all our residential customers;

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giving our residential customers information about this Policy, our Hardship Program and any government assistance that may be available (including grants and concessions); and

d. protecting our residential customers in hardship from disconnection for non-payment of their utility bills when they are actively engaging in the Hardship Program.

implementing programs and strategies that can help customers to better manage their utility account;

b. working with our customers’ financial counsellors or other advisors with the customers’ consent to understand the customers’ needs and circumstances. c.

giving our customers the right to negotiate a fair and reasonable payment arrangement, as well as changes to an agreed payment arrangement when their circumstances change.

2.2

Commitments from customer in the Hardship Program

contact Real Utilities when he/she is unable to make payments accordingly to the agreed payment arrangement;

b. make any scheduled repayments in full and on time unless an alternative arrangement has been agreed between the customer and Real Utilities; and c.

remain in contact with and notify Real Utilities of any change in his/her circumstances.

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Entering the Hardship Program

3.1

Entry criteria

Have a current residential customer account for utility services with Real Utilities; 1

b. Be experiencing short-term or long-term hardship; and c.

3.2

Demonstrate a willingness to pay.

Identification of hardship

1 This includes customers with a residential customer account for electricity or network services with Real Utilities. Real Utilities may act as agent in providing network services to customers as a joint exempt embedded network service provider under exemptions provided for in the AER Electricity Network Service Provider – Registration Exemption Guideline.

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customers contact Real Utilities to discuss any difficulties with paying their utility bills or to find out more about participating in the Hardship Program; or

b. the Hardship Team makes contact with customers believed to be experiencing hardship.

3.4

Indicators of Hardship

self-identification by the customer of financial difficulties;

b. a history of late or missed payments by the customer;

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a sudden change in the customer’s payment patterns;

d. the customer’s outstanding debt; e.

the customer is making part payments which do not reduce debt;

the customer requests for extended payment arrangements;

the customer’s eligibility for emergency energy assistance, including under the Energy Accounts Payment Assistance Scheme (NSW), Home Energy Emergency Assistance Scheme (Queensland) and Utility Relief Grant Scheme (Victoria);

h. the customer’s eligibility for concessions, government pensions or payments or rebates; and i.

the customer has been referred from community welfare groups or an independent accredited financial counsellor.

occurrence of natural disasters; and

b. economic downturn.

the customer or his/her dependent has a medical illness affecting his/her capacity to pay;

b. the customer or his/her dependent has a disability, including mental health, affecting his/her capacity to pay; c.

the customer has had a death in the family affecting his/her capacity to pay;

d. there has been a change in the customer’s family unit affecting his/her capacity to pay; e.

the customer has had a sudden loss of income or substantial reduction in income;

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the customer’s increased cost of living;

the customer’s other debts; and

h. the customer’s temporary or permanent disability.

3.5

Customers not eligible for Hardship Program

3.6

Acceptance into the Hardship Program

explain to the customer his/her rights and obligations under the Hardship Program and confirm that the customer is willing to participate in the Hardship Program on those terms;

b. ensure that any late payment fee applied on that customer’s account is waived; c.

ensure that the customer is not required to provide a security deposit.

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the date a customer enters the Hardship Program;

b. how the customer was identified for the Hardship Program; c.

the current amounts owing on the customer’s account;

d. the estimated monthly utility usage for that customer; e.

the customer’s current payment plan; and

the estimated length of the hardship period for that customer.

What a Customer Can Expect in our Hardship Program

4.1

Flexible Payment Options

4.2

Short/medium term payment options

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4.3

Longer Term Payment Plans

any income the customer is receiving;

b. any support the customer is receiving or is entitled to; c.

the customer’s various personal, household and other expenses;

d. any dependents that rely on the customer for income or other forms of support; e.

any likely change to the customer’s income and expenditure over the next 12 months;

other financial commitments the customer has; and

any report from a financial counsellor or other authorised third party on the customer’s capacity to pay.

the customer’s current amounts outstanding;

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b. the date the first payment is due on the customer’s payment plan; c.

a schedule setting out all the payments to be made under the customer’s payment plan, including the dates when payments will be due, the amounts due for each payment, the number of payment instalments under the payment arrangement; and

d. confirmation of the customer’s right to cancel or amend the arrangement at any time upon request.

4.4

Review of payment arrangements

4.5

Centrepay

4.6

Government Energy Rebates, Concessions and Grants

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in NSW: www.resourcesandenergy.nsw.gov.au

b. in Victoria: www.dhs.vic.gov.au c.

4.7

in Queensland: www.dews.qld.gov.au

Energy Efficiency Advice and Energy Efficiency Products

The Hardship Team is trained to identify customers with potential utility consumption difficulties, and can give simple energy efficiency information over the phone to assist customers to work towards reducing their utility consumption and future utility costs.

b. From time to time, Real Utilities may publish general energy efficiency advice on the Real Utilities website.

Australia-wide: http://yourenergysavings.gov.au/energy and https://www.energymadeeasy.gov.au/

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b. In NSW: http://www.resourcesandenergy.nsw.gov.au/energyconsumers/sustainable-energy/efficiency and http://www.environment.nsw.gov.au/households/save-energy.htm c.

in Victoria: http://www.sustainability.vic.gov.au/services-andadvice/households/energy-efficiency and https://www.victorianenergysaver.vic.gov.au/

d. in Queensland: https://www.qld.gov.au/families/government/sustainable/pages/hom es and https://www.dews.qld.gov.au/electricity/energysave/electricity-saving-tips

arranging for an energy efficiency specialist to contact the customer for a telephone audit (at no cost to the customer) about the ways his or her electrical appliances are used by the household;

b. for a customer with significantly higher-than-average utility consumption and significant amounts outstanding on his or her account and where the Account Manager considers the customer would benefit from a home energy audit, arranging for an energy efficiency specialist to conduct a face-to-face home energy audit (at no cost to the customer) about the ways his or her electrical appliances are used by the household; c.

if appropriate, arranging for meters to be checked or tested (at no cost to the customer);

d. if appropriate, providing energy efficient light globes (at no cost to the customer); or e.

if appropriate, reviewing whether any inefficient electrical appliances could be replaced and, if so, providing information about a customer’s

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entitlement to capital grants for appliance replacement or in extreme circumstances providing assistance with reduced-cost purchases with a third-party supplier. The Account Manager will discuss and agree with the customer the energy efficiency advice and assistance that will better assist in his or her circumstances.

Market Contract Review

Leaving the Hardship Program

6.1

Successful completion of Hardship Program

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6.2

Removal from Hardship Program

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6.3

Leaving the Hardship Program on request

Communicating with customers in hardship

Training

Complaints

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in NSW: www.ewon.com.au or 1800 246 545

b. in Victoria: www.ewov.com.au or 1800 500 509 c.

10.

in Queensland: www.ewoq.com.au or 1800 662 837

Privacy of Personal Information

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11.

Real Utilities Contact Details



Telephone: 1300 16 16 68



Email: support@realutilities.com.au



Mail: PO Box 3122, Newstead, Qld, 4006

Version Control Version Version 1

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Amendment

Author and date 27.10.2017

Page 19 of 19

Annexure C – Complaints Policy See following pages.

page 51

Energy Complaints Policy

Real Utilities Pty Limited Level 2, 1C Homebush Bay Drive, Rhodes, NSW, 2138

Real Utilities Pty Limited

Energy Complaints Policy

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Effective Date:

27 October 2017

Approved By:

Mr. Paolo Bevilacqua

Version 1

27 October 2017

Table of Contents 1. 2. 3. 4. 5.

Purpose and Objective ..................................................................................... 2 Our commitment to managing complaints......................................................... 3 Our procedure to address complaints ............................................................... 4 Complainant rights for further review ............................................................... 5 Privacy of Personal Information ........................................................................ 6

Purpose and Objective

there is dissatisfaction with our products or services;

b. a response or other resolution is sought regarding the conduct, action, proposed action, or failure to act by Real Utilities, its employees, agents, contractors or other representatives; or c.

there are perceived inadequacies in our complaints management procedures.

This includes customers with a residential customer account for electricity or network services with Real Utilities. Real Utilities may act as agent in providing network services to customers as a joint exempt embedded network service provider under exemptions provided for in the AER Electricity Network Service Provider – Registration Exemption Guideline.

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freely receiving complaints through communication channels that are accessible to Complainants;

b. providing a procedure for resolving complaints in a transparent, efficient and impartial way that is in line with the Australian Standard AS/NZS 10002:2014 ‘Quality Management – Customer satisfaction – Guidelines for Complaints Handling’; and c.

the continual improvement of our products and services by taking into consideration the nature and outcome of complaints received through the complaints management system.

Our commitment to managing complaints

making this Policy available on the Real Utilities website and providing a free copy of the Policy on request;

b. if needed, arranging for language assistance or other support at no cost to individuals to promote access to the Policy or to facilitate the complaint management process; c.

receiving and processing complaints at no cost to Complainants; and

d. advising Complainants of their rights under the Policy where a complaint is lodged.

providing adequate resources to address each complaint in an equitable and unbiased manner and to achieve a fair and reasonable outcome;

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b. providing appropriate training and support to relevant staff in relation to the Policy and our complaints management procedures; c.

monitoring and reviewing the effectiveness of our complaints management system and processes on a regular basis, and taking appropriate steps to address potential problems if reasonably necessary; and

d. implementing an appropriate reporting process within the Real Utilities business around the complaints management system generally.

monitoring complaints received on a regular basis to identify and analyse potential systemic problems or trends with our products and services;

b. implementing an appropriate reporting process within the Real Utilities business in order to highlight systemic problems or trends identified through the complaints management system; c.

where appropriate, assessing opportunities for potential improvements to the products and services offered by Real Utilities.

Our procedure to address complaints

Telephone: 1300 16 16 68 Email: support@realutilities.com.au Mail: PO Box 621, Archerfield BC, QLD 4108

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Complainant rights for further review

Energy and Water Ombudsman of New South Wales 

Free call: 1800 246 545



Free fax: 1800 812 291



Online: https://www.ewon.com.au/page/contact-us

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

Email: omb@ewon.com.au or complaints@ewon.com.au



Mail: Reply Paid 86550, Sydney South NSW 1234

b. Energy and Water Ombudsman of Victoria 

Free call: 1800 500 509



Free fax: 1800 500 549



Online: https://www.ewov.com.au/complaints/online-

complaint-form



Email: ewovinfo@ewov.com.au



Mail: Reply Paid 469 Melbourne VIC 8060

Energy and Water Ombudsman Queensland 

Free call: 1800 662 837



Online: http://www.ewoq.com.au/submit-a-complaint



Email: complaints@ewoq.com.au or info@ewoq.com.au

Privacy of Personal Information

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Version Control Version Version 1

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Amendment

Author and date 27.10.2017

Signing page Executed as a deed

Owners Corporation The common seal of The Owners – Strata Plan [insert] was hereunto affixed on ____________________in the presence of __________________________ being the person(s) authorised by section 238 of the Strata Schemes Management Act 2015 (NSW) to attest the affixing of the seal

Real Utilities Signed sealed and delivered by Real Utilities Pty Limited in accordance with section 127 of the Corporations Act 2001 (Cth) by

sign here ►

Company Secretary/Director print name

Director print name

Real Utilities Infrastructure Owner Signed sealed and delivered by Real Utilities Ed Park Pty Limited in accordance with section 127 of the Corporations Act 2001 (Cth) by

sign here ►

Company Secretary/Director print name

84402936

Director print name

page 52

body corporate customer application form utility services This application form is for the supply of electricity network services and the sale of electricity to the supply address specified on this form. Attached to this application form are the Terms and Conditions that apply to these utility services and the Energy Price Fact Sheets setting out the applicable pricing and fees for these utility services. Together with this application form, these documents form the agreement between you, Real Utilities Pty Limited and Real Utilities Shell Cove Pty Limited. At Shell Cove the body corporate and Real Utilities Shell Cove Pty Limited are the joint exempt embedded network service providers under an exemption provided for in the AER Electricity Network Service Provider - Registration Exemption Guideline. 1 Business details Business name Trading name ABN

2 Financially responsible person details Last name

First name Named entity is financially responsible party for the account.

Date of birth

DD / MM / YYYY

Contact number

Mobile number

3 Supply address details Tenancy number

Street number

Suburb Supply start date

Street name Postcode

State

DD / MM / YYYY

Page 1 of 3

4 Details of utility services If you have any questions about what utilities are provided to your supply address, please contact us on 1300 16 16 68. You will be provided with electricity network services at your supply address. Please tick the relevant box(es) below if you wish to opt out of receiving that utility service at your supply address. electricity sales - please provide details about your alternative electricity retailer alternative retailer name

5 Notices and billing Electronic notices & bills

Yes

Email address

If yes, please enter email address.

Paper notices & bills

Yes

If yes, please enter postal address below.

Marketing notices Postal address details Same as supply address Apartment number

Yes If you wish to opt out, please tick this box.

Yes Street number

Street name

Suburb

Postcode

State

6 Life support equipment/Concession Card details Does any person at the supply address require life support equipment? Does the account holder or another permanent occupant at the supply address hold a Concession Card that entitles the holder to energy concessions? Concession Card issued by

Card number

First name on card

Last name on card

Yes

If yes, please enter details below.

Page 2 of 3

7 Payment method Please select your preferred payment method If yes, please select only one of the payment methods set out below

Yes

Direct debit Pay by CREDIT CARD Credit card issued by

Visa

If you do not wish to set up direct debit arrangements, you can pay your bill in other ways. We will set out those other payment methods in the bills that we send to you.

MasterCard

Name on card Credit card number Card expiry

/ MM / YY

We don’t currently apply any surcharge to credit card transactions. We may decide to apply such surcharges in the future but we will let you know ahead of time if we plan to do that. Details of credit card surcharges are set out in the Terms and Conditions and the Energy Price Fact Sheets, as amended from time to time in accordance with the Terms and Conditions.

Pay by BANK ACCOUNT Bank name Account holder first name

Account holder last name Bank account number

Bank BSB

8 Acknowledgement If you agree with the statements below, please tick the appropriate boxes and sign and date this form.

Accepted

I have read and accept the Terms and Conditions for the utility services nominated on this form to the supply address identified on this form, as well as the accompanying Energy Price Fact Sheets described for the provision of such utility services. I have obtained, understood and agree with the handling of my personal information as described in the Real Utilities Privacy Policy (available at www.realutilities.com.au/privacy or on request). The Privacy Policy contains details about how Real Utilities handles personal information, including credit reporting information, and matters such as website privacy, credit reporting bodies used and my access, correction and complaint rights in relation to Real Utilities and those credit reporting bodies. I understand and consent to Real Utilities exchanging my personal information, to the extent permitted by law, with other credit providers for (i) assessing my application(s) for credit, (ii) notifying other credit providers of defaults, (iii) exchanging information about my credit status where I am in default with Real Utilities or another credit provider, (iv) assessing my credit worthiness at anytime during or after the life of my credit arrangement, (v) resolving disputes and errors, and (vi) any other purpose authorised by law.

Account holder name Signature

Date

DD / MM / YYYY

Your application will now be processed and Real Utilities will confirm once we have satisfied the requirements of our sign up process. This notification will be sent by email if you have selected the electronic notices option, or by post if you have selected the paper notices option.

Page 3 of 3

thank you for choosing us. Terms and Conditions – Body Corporates

Effective July 2020

Real Utilities Retailer and Real Utilities Operator Utility Services Agreement Terms and Conditions – Residential Customers and Body Corporates 1

contract for the supply of Utility Services with us for the Premises. Where provisions in this Agreement apply only in respect of Small Customers or Other Customers (as the case may be), this is specified in the Agreement.

Introduction and important information These are the terms and conditions that apply to the supply of Utility Services at your Premises on the Embedded Utility Networks. The party providing the Utility Services to you: (a)

in relation to the Network Services, is Real Utilities Operator; and

(b)

in relation to each other Utility Service, is Real Utilities Retailer,

Where and for so long as a Real Utilities Group Member is providing your Premises with any of Electricity Services, Network Services, Cooker Gas Services or Hot Water Services during the term of the Agreement, then those services will be a ‘Utility Service’ for the purposes of this Agreement. If we have agreed with you that we are not providing you with one or more of these utility services, then that service is not a ‘Utility Service’ for the purposes of this Agreement.

and “we” or “us” is used in these Terms and Conditions to refer to either or both of Real Utilities Retailer and Real Utilities Operator in relation to the respective Utility Services as the context requires. We have given you a Registration Form that you have completed which (among other things) specifies you as the customer or “account holder” (“you”). By completing the Registration Form: (a)

you agree that you have entered into an agreement (“Agreement”) for the supply of Utility Services at the Premises on these Terms and Conditions; and

(b)

you acknowledge and give your consent to these Terms and Conditions, including the credit information consents contained in clause 18.

You have a right to cancel this Agreement in respect of any Utility Service (excluding Network Services) within 10 Business Days starting on the day after you entered this Agreement (“Cooling-Off Period”). To cancel this Agreement during the CoolingOff Period, you can call us on 1300 16 16 68 or complete the cancellation notice available on our Website. If you cancel this Agreement in respect of any Utility Service during the Cooling-Off Period: (a)

you will only need to pay charges for that Utility Service to the extent they were provided before you cancelled the Agreement; and

(b)

in the case of Electricity Services only – you must enter into a contract for the sale of electricity with an Electricity Retailer if you want to continue receiving electricity at the Premises. If you do this, we may still need to charge you for Network Charges as a customer being physically supplied electricity through the Embedded Electricity Network under this Agreement.

The Agreement consists of: (a)

the Registration Form;

(b)

these Terms and Conditions;

(c)

the Building Schedule;

(d)

the Energy Price Fact Sheets, Basic Plan Information Document or Price and Product Information Statement (as applicable) relevant to the Utility Services; and

(e)

any addendum or appendix we provide to you from time to time that is stated to form part of this Agreement. The Agreement applies to Residential Customers and Body Corporates for the supply of Utility Services to Premises located within a Residential Building sited in a residential strata scheme if the Premises is connected to any Embedded Utility Network(s) and you do not have another

As the owner of a portion of the Embedded Electricity Network, Real Utilities Operator is exempt from the requirement to be a Registered Network Service Provider. The Owners Corporation is also exempt from this requirement as a person considered under the Energy Laws to have control of the Embedded Electricity Network and who also owns a portion of the Embedded Electricity Network. Accordingly, neither

Real Utilities Operator nor the Owners Corporation are subject to all the obligations of a Registered Network Service Provider. This means that you may not have the same consumer protections as you would if you were being connected directly by a Registered Network Service Provider. However, the exemption that has been granted to Real Utilities Operator and the Owners Corporation is subject to conditions with which we (and our representatives) must comply. The conditions of our exemption can be viewed on our Website, and the website of the Australian Energy Regulator at www.aer.gov.au or (if you are in Victoria) in the General Exemption Order available on the website of the Essential Services Commission at esc.vic.gov.au. A printed copy of the applicable conditions can be provided upon request.

described in clause 12. The bill we send you will also set out alternative payment methods. Please contact us if you would like to discuss alternative arrangements to direct debit, including making payments in person, by telephone, by mail or by electronic funds transfer. In this Agreement, if the day on which something has to be done is not a Business Day, that thing must be done on or by the next Business Day. If this Agreement refers to a period of time, that period of time is to be calculated without including any day that is not a Business Day. If there is a fault or emergency related to your supply of the Utility Services, please contact: 1300 16 16 68. For all other queries in relation to the Embedded Utility Networks or to discuss your utility services account, please contact us at:

The Australian Consumer Law may apply to the supply of Utility Services under this Agreement. We and our representatives must comply with our obligations under the Australian Consumer Law. The dispute resolution procedures applying to this Agreement are described in clause 17. You can also contact the relevant Energy Ombudsman or Consumer Tribunal if you have complaints about the provision of Utility Services under this Agreement. Information about the applicable tariffs under this Agreement and associated fees and charges is set out in the Energy Price Fact Sheets, Basic Plan Information Document or Price and Product Information Statement (as applicable) for the Utility Services as updated on our Website from time to time. Information about energy rebates, concessions and relief schemes as well as flexible payment options is available on our Website. Please contact us if you are experiencing financial difficulty and we may be able to offer you assistance through our Hardship Policy.

T: 1300 16 16 68 E: support@realutilities.com.au

Your Agreement with Us This Agreement is for the provision of Utility Services at the Premises only. We are not responsible: (a)

for the installation, maintenance or repair of any appliance(s), pipes or other works which facilitate the supply of water or natural gas to and within the Premises, including any Owners Corporation Utility Assets or Customer Utility Assets;

(b)

in the case of Cooker Gas Services – for the supply or sale of natural gas for any purpose other than for use in cooking appliances, such as air-conditioning or in the heating of bulk or stored hot water at the Premises; or

(c)

in the case of Hot Water Services – for the supply or sale of water, electricity or natural gas used by the Bulk Hot Water System to supply Hot Water Services to you at the Premises.

Information about the Real Utilities Group, its business and the utility services we provide can be found on our Website. Unless you otherwise request, we propose to: (a)

send all utility bills and other communications to the email address nominated in the Registration Form; and

(b)

put in place direct debit payment arrangements for convenience, which are

Under this Agreement: (a)

we agree to supply you Utility Services at the Premises and to comply with our obligations under Energy Laws or any other applicable law; and

(b)

you agree to:

(1)

pay the amounts billed by us under this Agreement;

(2)

provide us with safe and unhindered access to the Premises in accordance with clause 6;

(3)

not alter, remove, interfere with or otherwise damage any equipment at the Premises (if any) which facilitates the supply of Utility Services to the Premises (including the Embedded Utility Networks or any meters or associated equipment), or allow others to do so;

(4)

take reasonable steps to minimise risk of Loss you may suffer in connection with this Agreement;

(5)

provide us with accurate information (including any material change to the demand, load or usage of the Utility Services at the Premises), and update us if information you have provided to us in the Registration Form or under this Agreement has changed; and

(6)

comply with the law (including any Energy Laws) in respect of your use of the Utility Services.

You acknowledge and agree that we retain all rights of ownership of certain of the metering equipment in relation to the Utility Services, including the Hot Water Meter and other meters, which will at all times remain our personal property. We may choose to disconnect and remove the Hot Water Meter following termination of this Agreement in respect of Hot Water Services if we are no longer supplying you with any Hot Water Services.

Power of Choice You have the right to choose to purchase electricity with an Electricity Retailer of your choice, and to information on the options for metering that would allow this choice. If you change between different Electricity Retailers, this may require changes to your electricity meter and billing arrangements. It is the responsibility of the Real Utilities Operator to ensure that your access to an Electricity Retailer of your choice is not impeded by any network configuration or metering arrangements. We may need to coordinate with your preferred Electricity Retailer’s Metering Coordinator in relation to any metering changes required. We may appoint an Embedded Network Manager if required under the Energy Laws. The Embedded Network Manager will be responsible for coordinating your access to Electricity Retailers. The contact details of the Embedded Network Manager as at the date of this Agreement is set out in the Building Schedule. We will let you know if there is a change to the Embedded Network Manager.

We must provide, install and maintain the Embedded Electricity Network in accordance with the Energy Laws. Our obligations extend up to the connection point where electricity is to be supplied to the Premises (as defined by us) and not beyond. You acknowledge that, subject to your rights to purchase the Electricity Services from your preferred Electricity Retailer as described in clause 3, during the term of this Agreement, you may only obtain or purchase the Utility Services exclusively from us and you may not obtain or purchase these utility services from any third party supplier offering similar services. You can request for a new connection to the Embedded Electricity Network or to increase the capacity of an existing connection at the Premises by making an application to us in writing. You must enter into any agreement reasonably required by us and comply with any conditions we impose or any notices we give you in relation to this. You must let us know in writing if you no longer want to maintain these connections.

If you choose to sign up with an Electricity Retailer other than with a Real Utilities Group Member for the sale of electricity to the Premises, you should do the following things: (a)

advise that Electricity Retailer that the Premises is connected to the Embedded Electricity Network; and

(b)

contact the Embedded Network Manager and give notice of that Electricity Retailer. Subject to clause 3.5, we will help coordinate the collection of the Network Charges with your Electricity Retailer:

(a)

if a Real Utilities Group Member is the Electricity Retailer, by arranging for the Network Charges to be charged under this Agreement;

(b)

if the Electricity Retailer is any other licensed electricity retailer and collects the Network Charges from you, by making reasonable attempts to arrange for the Network Charges to be charged under a contract between us and that Electricity Retailer where they collect the Network Charges from you and pay them to the Real Utilities Operator (except to the extent that doing so would be contrary to any obligations imposed upon us under applicable Energy Laws), in which case you must provide us with all information and assistance reasonably required by us to ensure that all payments for the Network Charges you make are passed on to us. You will be liable to pay us for Network Charges under this Agreement:

(a)

if your Electricity Retailer does not collect the Network Charges from you; or

(b)

if you do not have an agreement with any Electricity Retailer for the sale of electricity to the Premises. We reserve the right to invoice you directly under this Agreement for the Network Charges at any time by issuing a bill for them, or including them in a bill issued, under clause 11 (except to the extent that doing so would be contrary to any obligations imposed upon us under applicable Energy Laws). You will not be liable for any Network Charges provided to the Premises for which a previous customer at the Premises is liable. Subject to clause 3.8, even if we have not agreed to provide you with Electricity Services under this Agreement, if you consume electricity at the Premises without having an agreement for the sale of electricity to the Premises with a different Electricity Retailer, you agree that Electricity Services will be deemed to be a ‘Utility Service’ for the purposes of clause 1.5 until you enter into such an agreement and a transfer of responsibility for the sale of electricity at the Premises to the relevant Electricity Retailer has been completed (where relevant). Energy Laws in your jurisdiction may prescribe a form of contract that applies where you have not entered into an agreement for the sale of energy at your Premises. In those circumstances those Energy Laws take precedence over clause 3.7.

Commencement and Termination of the Agreement The Agreement will start on the date that we receive a completed Registration Form from you (in person, in the mail or through our Website) or any earlier time as required under applicable law. Unless we agree a different date with you, our obligation to supply to you a Utility Service under this Agreement will start on the date on which all of the following conditions have been satisfied in respect of that Utility Service: (a)

you have satisfied the requirements of our sign-up process for a utility services account;

(b)

if we have informed you that any connection fees or other charges associated with connecting the Premises to an Embedded Utility Network are payable, you have paid those connection fees or other charges;

(c)

the Premises are connected to the respective Embedded Utility Network(s); and

(d)

in the case of Electricity Services only – if you are transferring from another Electricity Retailer to the Real Utilities Retailer for the sale of electricity at the Premises, when this transfer has been completed. If you receive Utility Services from us before all of the conditions in clause 4.2 have been satisfied in respect of one or more Utility Services, we will bill you for that consumption of Utility Services in your first bill. If this Agreement provides for the supply of more than one Utility Service, you can choose to terminate this Agreement under clause 4.5 in relation to one or more Utility Services rather than for all Utility Services being provided at that time. If you choose to partially terminate this Agreement, then this Agreement will continue to apply to the supply of each other remaining Utility Service. If termination is occurring at the end of your lease, tenancy agreement or ownership of the Premises, you must give us the notice required under clause 4.8 and this Agreement will be terminated in respect of all Utility Services being supplied to the Premises at that time (including Network Services).

Subject to this clause 4, the Agreement will terminate in respect of a Utility Service on the earlier of the following dates: (a)

when you request termination in respect of that Utility Service during the Cooling-Off Period;

(b)

on a date agreed by you and us in respect of that Utility Service;

(c)

subject to clause 4.5(h), at the end of your lease, tenancy agreement or ownership of the Premises;

(d)

(e)

(f)

when a different customer starts to receive that Utility Service for the Premises or on the date that customer’s agreement for that Utility Service starts (whichever is later, to the extent permitted by law);

(j)

(1)

from us under a different agreement; or

(2)

in the case of Electricity Services only – from another Electricity Retailer,

in the case of Hot Water Services only – 10 Business Days after we give you notice if: (1)

you have failed to provide us with access to the Hot Water Meter for meter readings on three consecutive occasions where we have sought access; or

(2)

you commit any other material breach of the Agreement relating to Hot Water Services other than a breach of clause 2.4;

(k)

for each Utility Service other than Network Services – in any other circumstance, 5 Business Days from the date on which a termination notice is given by you or us in respect of that Utility Service unless a different time is agreed between us; or

(l)

if you are an Other Customer – if we have Disconnected the Premises under clause 5.1(o) because you have breached any provision of this Agreement (including the obligation to pay a bill by the pay-by date), and:

when you start receiving that Utility Service either:

or on the date that separate agreement starts (whichever is later, to the extent permitted by law);

(1)

for each Utility Service other than Network Services – 10 Business Days after the date when the Premises is Disconnected in respect of that Utility Service where conditions for reconnection have been set by us, and these conditions have not been met;

you have failed to remedy that breach or failed to satisfy any reasonable conditions notified to you under clause 5.9(c) in respect of that breach within 10 Business Days of the Disconnection for the relevant Utility Service; or

(2)

if the breach related to a failure to pay moneys for a particular bill, we have used reasonable endeavours to apply the Security Deposit (if any) as contemplated by clause 14.2 and there are still amounts outstanding on the relevant bill 10 Business Days after the Disconnection for the relevant Utility Service.

(g)

the date on which we are no longer entitled under applicable law to supply that Utility Service to you;

(h)

in the case of Network Services only – if your Electricity Retailer notifies us that the supply of electricity to the Premises is to be Disconnected, on the later of the date:

(i)

Services from a third party supplier in breach of clause 2.4;

(1)

we Disconnect the Premises in respect of Network Services (even if you have vacated the Premises earlier); or

(2)

if you do not give safe and unhindered access to the Premises to conduct a final meter reading in respect of Network Services, on the date a final meter reading of the Electricity Meter is carried out;

in the case of Hot Water Services only – when you start receiving Hot Water

Termination of this Agreement does not affect our rights to collect payments still owing to us under this Agreement. On termination of this Agreement, you must give us safe and unhindered access to the Premises to conduct a final meter reading so that we can prepare a final bill. Where the Agreement is terminated in respect of a Utility Service because: (a)

you have committed a material breach of this Agreement relating to Hot Water Services; or

(b)

you have not met the conditions for reconnection following a Disconnection in respect of that Utility Service,

(g)

the provisions about the complaint and disputes procedure (clause 17); and

(h)

the introductory and important information set out in clause 1 and provisions about Metering Data (clause 8.8), privacy (clause 18), notices (clause 19), marketing (clause 20), applicable law and application of laws (clause 21), the general provisions (clause 22), the provisions relating to Body Corporates (clause 23) and the definitions (clause 24).

we will be entitled to claim from you our reasonable costs and expenses arising from your breach of the Agreement. If you are vacating the Premises, you must give us at least 5 Business Days’ written notice of the date on which you intend to vacate the Premises and provide a forwarding address to which a final bill may be sent after we have arranged a final meter read of any relevant meters. You may remain responsible for paying Utility Charges (including any Network Charges component) incurred and any other amounts payable under this Agreement if you have not given us notice, you have not given us a forwarding address or you do not provide access to your Electricity Meter, Hot Water Meter or other meter. Following termination of this Agreement in respect of the Utility Services, we may continue to supply you these Utility Service(s) on the same terms as these Terms and Conditions until: (a)

we enter into a new agreement (whether with you or someone else); or

(b)

in the case of Electricity Services only – the transfer of responsibility for the sale of electricity at your Premises to another Electricity Retailer has been completed.

This clause 4.9 does not apply where we are no longer entitled to supply that Utility Service, or when termination of this Agreement occurs at the end of your lease, tenancy agreement or ownership of the Premises. The following provisions of this Agreement, as well as any rights or obligations that have already accrued under this Agreement, will survive termination of this Agreement: (a)

this clause 4;

(b)

the provisions about our recovery of Network Charges (clause 3.5 and clause 3.6);

(c)

the provisions about payment (clause 11 and clause 12);

(d)

the provisions about access (clause 6);

(e)

the provisions about our liability (clause 9 and clause 10),

(f)

the provisions about transfer of this Agreement (clause 15);

Disconnection and Reconnection Subject to this clause 5, we may Disconnect the Premises in respect of a Utility Service: (a)

if you have requested Disconnection in respect of that Utility Service;

(b)

if the Agreement has been terminated in respect of that Utility Service;

(c)

if you are a Small Customer – if you have not paid a bill in respect of that Utility Service by the pay-by date, and have not agreed to a payment plan, or having agreed to a payment plan have failed to adhere to the terms of the payment plan, and we have complied with our relevant notice obligations under the Energy Laws;

(d)

if your lease or tenancy agreement has ended and/or you are vacating the Premises;

(e)

for each Utility Service other than Network Services – if we have not been able to read your meter relating to that Utility Service for three consecutive meter readings due to a lack of access to the Premises because of your acts or omissions;

(f)

for customers not in Victoria – if you do not provide us or our representatives with safe access to the Premises so that we can comply with our obligations in respect of that Utility Service under applicable law or otherwise for purposes permitted under applicable law;

(g)

if you have obtained that Utility Service at the Premises fraudulently, or intentionally used such Utility Service contrary to any applicable law;

(h)

for each Utility Service other than Network Services – if you refuse to pay, or do not pay the full amount of a Security Deposit we require under clause 14;

(i)

if continuity of supply of that Utility Service to the Premises would be unsafe;

(j)

in the event of an Emergency;

(k)

in the case of Network Services only – if your Electricity Retailer notifies us that it has a right to arrange for Disconnection and requests us to Disconnect the Premises in respect of electricity;

(l)

in the case of Network Services only – if you use electricity supplied to the Premises wrongfully or illegally in breach of clause 7;

(m)

in the case of Network Services only – if you no longer have an agreement with any Electricity Retailer for the sale of electricity for the Premises;

(n)

in the case of Hot Water Services only – if the supply of Hot Water Services to the Premises needs to be temporarily Disconnected in order to carry out works on the Hot Water Meter, the Bulk Hot Water System, Residential Heat Exchangers or reticulation assets used to supply Hot Water Services to the Premises;

(o)

(p)

if you are an Other Customer – if you have breached any provision of this Agreement (including the obligation to pay a bill by the pay-by date), and we have given you a notice requiring you to remedy such breach and you have failed to remedy that breach by the date specified in that notice; or if we are otherwise entitled or required to Disconnect the Premises in respect of that Utility Service under any applicable law or at the direction of a relevant authority. Subject to clause 5.4, you agree that we have the right to (and may at our discretion choose to) Disconnect the Premises in respect of one or more of the Utility Services we are supplying to you so long as we are entitled to Disconnect the Premises under this clause 5 for any one of the Utility Services being provided to you under this Agreement, and this Disconnection of multiple Utility Services can occur at the same time (except to the extent that doing so would be contrary to any applicable law), provided that:

(a)

(b)

we will not exercise our rights to Disconnect any Utility Services to the Premises: (1)

if you are a Small Customer – for so long as you are adhering to the terms of a payment plan or (in Victoria) any assistance for any amounts owing on your utility services account (assessed on a whole of account basis); or

(2)

where there is a decision pending on your application for an energy relief scheme or an unresolved complaint as described in clause 5.3(c) or clause 5.3(d) (respectively) in relation to any Utility Service;

(c)

if there is a failure to pay an amount on a bill and the only amounts owing are Utility Charges for the supply of Hot Water Services, then we will only exercise our rights to Disconnect the Hot Water Services and no other Utility Service; and

(d)

if there is a failure to pay amounts owing in respect of Additional Charges and no other amounts, we will not exercise our rights to Disconnect the Premises. Subject to clause 5.4 and clause 5.5, we will not arrange to Disconnect the Premises in respect of a Utility Service:

(a)

for each Utility Service other than Hot Water Services – if a person residing at the Premises requires Life Support Equipment;

(b)

if you are a Small Customer – where the Disconnection of that Utility Service is undertaken for a failure to pay a bill under clause 5.1(c), during an extreme weather event;

(c)

where you have made an application (or any application has been made on your behalf) for assistance under any government funded energy relief scheme and a decision on the application has not been made;

(d)

where you have made a complaint to us, the relevant Energy Ombudsman or Consumer Tribunal or other relevant external dispute resolution body (including any complaints brought to mediation under clause 17.4) directly related to the proposed reason for Disconnection in respect of that Utility Service and the complaint remains unresolved;

(e)

if you are a Small Customer – where the amount outstanding on your utility

we will exercise our rights to Disconnect the Electricity Services or Network Services no earlier than 15 Business Days after the date that Disconnection of Cooker Gas Services occurs (where relevant);

(f)

services account is of a kind or is below a minimum amount for Disconnection (assessed on a whole of account basis) to be permitted in your State; or

Premises in respect of a Utility Service including (where relevant) in accordance with any applicable procedures and notice requirements under any applicable law.

where the Energy Laws or any other applicable law prohibit us from doing so.

We will arrange for reconnection of the Premises for the affected Utility Service as soon as practicable if the Premises has been Disconnected in respect of Network Services or Hot Water Services:

The restrictions in clause 5.2 and clause 5.3 do not apply in any of the following circumstances: (a)

the Premises is not occupied;

(b)

Disconnection of the Premises in respect of a Utility Service is undertaken because you have requested Disconnection under clause 5.1(a) or the Agreement has been terminated under clause 5.1(b);

(c)

(d)

(a)

for health and safety reasons under clause 5.1(i) or in an Emergency under clause 5.1(j);

(b)

because of your failure to provide access as required under clause 5.1(f), or

(c)

so that we can carry out works contemplated by clause 5.1(n) on those assets used to supply Hot Water Services,

Disconnection of the Premises in respect of a Utility Service for health and safety reasons (including under clause 5.1(i)) or in an Emergency under clause 5.1(j); or

in each case provided our entitlement or obligation to Disconnect the Premises was not because of your fault or unlawful act or omission.

Disconnection of the Embedded Utility Networks required for or otherwise used to supply an affected Utility Service or the Premises is undertaken by the relevant Distributor or otherwise at the direction of a relevant authority (including where there is an Emergency or you have failed to provide access to the Premises as required under clause 5.1(f)).

If the Premises has been Disconnected in respect of a Utility Service for a reason other than those described in clause 5.8, except to the extent that doing so would be contrary to any applicable law, we will arrange for reconnection of the Premises for the affected Utility Service in accordance with this clause 5.9 where you have within 10 Business Days of the Disconnection for that affected Utility Service:

The restrictions in clause 5.3 do not apply in any of the following circumstances: (a)

(b)

if the reason for Disconnection of the Premises in respect of a Utility Service was failure to provide access to a meter under clause 5.1(e), then the restrictions on Disconnection because a decision is pending on your application for an energy relief scheme under clause 5.3(c) or you have made an unresolved complaint under clause 5.3(d) do not apply; or for each Utility Service other than Hot Water Services – we will not Disconnect the Premises in respect of a Utility Service for your illegal use of the Utility Services under clause 5.1(g) or clause 5.1(l) if a person residing at the Premises requires Life Support Equipment, but no other restriction in clause 5.3 will apply.

rectified the matter that led to the Disconnection of the Premises for that affected Utility Service (if relevant); and

(b)

made a request to us for reconnection of the affected Utility Service; and

(c)

either: (1)

in the case of Hot Water Services only – satisfied any reasonable conditions we have specified related to the matter that led to the Disconnection for such reconnection; or

(2)

for each Utility Service – otherwise paid any reconnection charges,

in which case we will reconnect the Premises in accordance with the requirements of the Energy Laws. We will arrange with the relevant Distributor(s) to reconnect the Premises if required.

Despite any other provision of this Agreement, we will not Disconnect the Premises in respect of Network Services without making arrangements for the safety of a Life Support Customer. Unless we are not required to do so, we will give you notice before we Disconnect the

(a)

Access to the Premises

For each Utility Service, you agree to provide us with safe and unhindered access to the Premises in respect of that Utility Service: (a)

(b)

(c)

(d)

equipment), except as may be permitted by law; (c)

if we need to install, inspect, maintain, replace, test, alter or repair any equipment required for the supply of that Utility Service, for example the Electricity Meter, Hot Water Meter or other meter; if we need to connect, Disconnect or reconnect the supply of that Utility Service at the Premises; to disconnect the Hot Water Meter or Residential Heat Exchangers following termination of this Agreement in respect of Hot Water Services; for each Utility Service – by you; or

(2)

in the case of Network Services only – by your Electricity Retailer,

We will comply with the requirements under the Energy Laws or any other applicable law if we or our representatives seek access to the Premises under this clause 6.

Wrongful and illegal use of Utility Services You must not, and must take reasonable steps to ensure that others do not: (a)

illegally use any Utility Services supplied to the Premises; or

(b)

interfere or allow interference with any of the equipment facilitating the supply of Utility Services owned by an Owners Corporation Group Member or a Real Utilities Group Member at the Premises (including meters and associated

(2)

causes damage or interference to any third party; or

(e)

tamper with, or permit tampering with, any meters (including any Electricity Meter or Hot Water Meter), pipes or associated equipment. If you do not comply with clause 7.1, we may in accordance with any applicable law (where relevant) take any or all of the following actions:

where you are otherwise required to do so under any applicable law in relation to that Utility Service or in any other circumstances we are otherwise entitled or required to have access to the Premises under any applicable law in relation to that Utility Service.

You must tell us promptly if you are aware of any change that materially affects access to your meter (including an Electricity Meter or Hot Water Meter) or to other equipment involved in providing metering services at the Premises in respect of the Utility Services if you are required to do so under any applicable law.

unreasonably interferes with the connection or supply of Utility Services to another customer; or

use the Utility Services provided by us in a way that is not permitted by law or this Agreement; or

in relation to that Utility Service; and (e)

(1)

(d)

to perform services requested: (1)

use Utility Services supplied to the Premises or any equipment facilitating the supply of Utility Services in a manner that:

(a)

estimate the amount of Utility Services obtained wrongfully or illegally and take debt recovery action against you for that amount; and

(b)

undertake (or agree that you undertake) any necessary rectification work at your cost; and

(c)

arrange for the immediate Disconnection of the Premises in respect of the affected Utility Services.

Metering Subject to the Energy Laws, you may have the right to choose to appoint a Metering Coordinator of your choice for the Electricity Meter relevant to your consumption of electricity at the Premises and you (or your Electricity Retailer) may become liable for additional charges relating to the supply of metering related services. Changing suppliers for metering related services may require changes to your electricity meter arrangements. If you appoint a Metering Coordinator, we will have no liability for and are not responsible for the provision of metering services at the Premises or compliance with the Energy Laws in respect of the Electricity Meter, and we are not liable for any Losses you or any other person may suffer in connection with metering services provided by the Metering Coordinator or their acts or omissions.

Subject to clause 11.12 and unless you are entitled and have elected to appoint a Metering Coordinator in accordance with clause 8.1, we will arrange for the installation, periodic testing, repair, replacement and maintenance of the meters at the Premises to the extent we are required to do so under and in accordance with any applicable law (where relevant).

Member and their representatives, agents or sub-contractors;

We may arrange for interruptions to the supply of Utility Services to the Premises for the activities contemplated by clause 8.3. If the supply of Utility Services to the Premises will be affected, we will give you prior notice of an interruption we propose to undertake under this clause 8 if this is practicable or we are required to do so under any applicable law (where relevant). We will do our best to arrange for the meter(s) for the Utility Services to be read consistent with the requirements under any applicable law or otherwise at appropriate intervals. We may require you to pay a meter read fee if you request a physical read of any meter or we are otherwise entitled to do so. By completing the Registration Form, you acknowledge and agree that you have provided your consent for us to charge you meter read fees more than once per month in response to a request you make under this Agreement for more flexible payment arrangements. This consent will remain in place until you give us notice at any time that this consent is withdrawn. If we propose to replace your meter in relation to any Utility Service, we will give you notice before doing so where this is required under applicable law. If you request that a new meter be installed at the Premises, we will arrange for the replacement in accordance with the Energy Laws. Each party must notify the other party as soon as possible if it suspects that a meter (including an Electricity Meter or Hot Water Meter) at the Premises or other location is or may be defective, damaged or operating inaccurately. You authorise us to access or receive Metering Data, and to provide Metering Data and any other information related to or in respect of any meter installed and maintained for the purpose of measuring consumption at the Premises: (a)

to any Owners Corporation Group Member and any Real Utilities Group

(b)

to the Embedded Network Manager, any Distributor(s) and any retailer selling electricity or natural gas to or on the Embedded Utility Networks and their representatives, agents or subcontractors; and

(c)

to any counterparty of agreements a Real Utilities Group Member (or its agents) enters into to manage any arrangements in supplying Utility Services to you (including in relation to metering related services) and their representatives, agents or sub-contractors;

(d)

for the purpose of meeting obligations in relation to greenhouse gas reporting;

(e)

in respect of general Metering Data concerning the general usage of Utility Services by post code (but excluding any information relating to names or address or other identifying features), for internal analyses of usage patterns by the Real Utilities Group; and

(f)

for the purpose of any Energy Laws or any other applicable law or any other lawful purpose reasonably considered necessary by any Real Utilities Group Member or any Owners Corporation Group Member.

Supply of Utility Services The supply of electricity, water or natural gas to the Embedded Utility Networks is the responsibility of the relevant Distributor(s) and we cannot control: (a)

the quality, voltage, frequency or security of the electricity supply delivered to and on the Embedded Electricity Network; or

(b)

the quality, flow, specifications or reliability of gas or potable cold water (as applicable) delivered to or on the Bulk Hot Water System or the Cooker Gas System. The quality and reliability of the Utility Services supplied to you under this Agreement may be subject to a variety of factors that are beyond our control, including as a result of accidents, emergencies, weather conditions, vandalism, system demand and the actions of other persons including the relevant Distributor(s). Except to the extent required by law, we do not guarantee the quality, voltage, frequency or security of the electricity supply, or the quality, flow, specifications or reliability of the natural gas

or water supply, and we make no representation to you about the conditions or suitability of the Utility Services supplied under this Agreement, its quality, fitness for purpose or safety.

discontinues the sale of electricity to you under or in connection with an agreement for the sale of electricity to the Premises; and (b)

In addition to the interruptions under clause 8, there may be interruptions to the supply of Utility Services where permitted under the Energy Laws or any other applicable law or as otherwise required by the relevant Distributor(s) or a relevant authority or another third party (including any retailer selling electricity or natural gas to or on the Embedded Utility Networks). Interruptions may occur at any time in circumstances including: (a)

for the purpose of maintaining the safe and efficient operation of any Embedded Utility Network or any equipment related to any Embedded Utility Network (including metering equipment);

(b)

for the installation of a new connection or a connection alteration to another customer or to restore supply to another customer in relation to a Utility Service;

(c)

where any Embedded Utility Network or External Distribution Network poses an immediate threat of injury or material damage to any person, any property or that Embedded Utility Network or External Distribution Network;

(d)

for health or safety reasons or in an Emergency; or

(e)

in the case of Network Services – to shed demand for electricity because the total demand at the relevant time exceeds the total supply available.

(a)

any variation: (1)

in the voltage and frequency of the supply of electricity;

(2)

in the flow and specifications of the supply of Cooker Gas; or

(3)

in the flow and temperature of the supply of Hot Water Services.

If the supply of a Utility Service to the Premises will be affected, we will do our best to give you prior notice of a proposed interruption if this is practicable or we are required to do so under any applicable law. We will do our best to restore the supply of an affected Utility Service to the Premises as soon as possible or otherwise in accordance with any applicable law. To the extent permitted by law, we will not be liable for any Loss (including Consequential Loss) that you or any other person may suffer, arising out of or in relation to the supply (or failure to supply or the defective supply) of any Utility Service to you. To the extent permitted by law and without limiting clause 9.6: (a)

we are not liable to you or any other person for any Loss suffered by you or any other person as a result of the total or partial failure to supply that Utility Service or the defective supply of that Utility Service; and

(b)

without limiting clause 9.7(a), we are not liable for any Consequential Losses suffered by you or any other person as a result of any partial or total failure to supply that Utility Service or the defective supply of that Utility Service or otherwise in connection with this Agreement.

Third parties such as the relevant Distributor(s) or any retailer selling electricity or natural gas to or on the Embedded Utility Networks (including any Electricity Retailer) may Disconnect, interrupt or reduce (or direct that there is a Disconnection, interruption or reduction of) the supply of electricity, natural gas or water to the relevant Embedded Utility Networks or Premises or otherwise arrange for an interruption as permitted under the Energy Laws or any other applicable law. To the extent permitted by law, you release us from any liability for any Loss (including Consequential Loss) you or any other person may suffer in connection with:

Each exclusion, limitation and release of our liability in this Agreement shall, to the extent permitted by law, operate to exclude, limit or release our liability to you and any other person for any Loss howsoever caused, including any liability we may have in negligence, and any liability arising out of any act, omission or default by us (whether negligent or otherwise).

any such Disconnection, interruption or reduction in the supply of the Utility Services or where an Electricity Retailer

For the avoidance of doubt, unless expressly specified, no exclusion, limitation or release of liability in this Agreement shall

be construed as qualifying or limiting a broader or more general exclusion, limitation or release of liability in this Agreement.

The Utility Charges in your bill: (a)

includes a separate daily fixed access tariff for each Utility Service that is applied pro rata for each day the Premises is connected for the supply of those Utility Services irrespective of the quantity of those Utility Services consumed at the Premises in that billing period;

(b)

if the Utility Services being supplied under this Agreement includes Electricity Services, will be calculated so that the Utility Charges payable for Electricity Services is inclusive of the Network Charges component;

(c)

in the case of Cooker Gas Services only – will not include a separate usage charge based on your consumption of Cooker Gas Services in that billing period as the Cooker Gas Services are supplied on an unmetered basis;

(d)

in the case of Hot Water Services only – will be based on the amount of hot water consumed at the Premises in that billing period; and

(e)

otherwise, will be based on your consumption of the Utility Services.

Our Liability We agree to supply the Utility Services to you on the terms of this Agreement and in accordance with the non-excludable warranties under the Australian Consumer , including Consumer Guarantees. Our liability to you or any other person for any Loss in connection with the supply of the Utility Services is limited to the maximum extent permitted by the Australian Consumer Law. Our liability to you or any other person for any Loss will also be limited to the extent caused or contributed to by you or any other person. In relation to the supply or sale of electricity or gas other than for personal, domestic or household use or consumption, our liability to you or any other person for any Loss, in the event that it cannot be excluded under law, is limited to the resupply or re-sale of the electricity or gas or the cost of the supply or selling of equivalent electricity or gas by another entity, unless it would not be fair or reasonable for us to rely on this limitation. Subject to clause 10.2, our liability for breach of a condition, guarantee, warranty, right or representation arising out of or in connection with the Agreement that cannot be excluded by law is limited (at our discretion) to:

(a)

providing you with equivalent goods or services to the value or quality of those goods or services to which that breach relates; or

(b)

paying you the cost of acquiring goods or services which are equivalent to the goods or services to which that breach relates,

unless it would not be fair or reasonable for us to rely on this limitation.

updates about our pricing, fees and other charges on our Website.

Utility Charges and Payment The charges payable by you for the supply of Utility Services under the Agreement (“Utility Charges”) are set out in each Energy Price Fact Sheet, Basic Plan Information Document or Price and Product Information Statement (as applicable) for the Utility Services. You can also find

We will determine your consumption of the Utility Services using Metering Data or an estimation in accordance with applicable law (where relevant). If required, your consumption of the Hot Water Services will be estimated based on your historical Metering Data from the Hot Water Meter or, where this is not available, the average usage of Hot Water Services by a comparable customer over the corresponding billing period. If an estimation is used to prepare a bill and Metering Data then becomes available, subsequent bills will be adjusted to account for the difference between the estimated and measured consumption of the Utility Services. If you ask for a bill to be adjusted where a meter reading could not be conducted due to your failure to give us access, we may charge you a fee to do so. If an estimation is used to prepare a bill, you may be able to request an adjusted bill based on your Customer Read Estimate if the request is made before the due date for payment of that bill. If you provide a compliant Customer Read Estimate, we will provide you with an adjusted bill based on

the Customer Read Estimate at no extra charge. Further information on this process will be provided with your bill. In addition to the Utility Charges for the consumption of Utility Services (including the Network Charges), additional charges that you may be required (to the extent permitted by Law) to pay include connection, disconnection or reconnection fees, special meter read, initial meter read, final meter read, meter testing, late payment fees (unless you are in Victoria), any fees we incur if your payment is dishonoured or reversed and our reasonable administrative and processing costs in relation to such payment dishonouring or reversal, charges reasonably required to recover any costs imposed on us by a third party, or incurred by us as a result of or in connection with a Change in Law, in connection with our supply of the Utility Services, any other amounts referred to in this Agreement and any other fees set out on our Website (“Additional Charges”). Any Additional Charges payable by you will be set out in your bill. Details of our Additional Charges are set out on each Energy Price Fact Sheet, Basic Plan Information Document or Price and Product Information Statement (as applicable) for the Utility Services and our Website. You will not be charged Network Charges or Additional Charges in connection with the supply of Network Services that are higher than the comparable tariffs that would be charged by the relevant Distributor, had you obtained supply of electricity to your Premises directly from that Distributor and been charged for such service by that Distributor in the same circumstances (in the case of Network Charges) or subject to a standard distribution connection contract (in the case of any Additional Charges in connection with the supply of Network Services). Billing will be monthly unless otherwise agreed. If this Agreement provides for the supply of more than one of the Utility Services, we will issue you a single bill under this clause 11 in respect of all Utility Services being supplied under this Agreement in that billing period. You must pay the Utility Charges (including the Network Charges) and the Additional Charges in relation to the Utility Services and any adjustments or other amounts payable under this Agreement as specified

in your bills. You must pay each bill in full by the pay-by date specified in the bill, using one of the payment methods provided in the bill. If you pay by a credit card and we incur a merchant service fee, a credit card surcharge may apply as set out in each Energy Price Fact Sheet, Basic Plan Information Document or Price and Product Information Statement (as applicable) for the Utility Services. You agree that any amounts you pay towards a bill issued for your utility services account will be applied in satisfaction of the entire balance owing on your utility services account (on a whole of account basis) at the time of that payment, rather than in satisfaction of the Utility Charges and Additional Charges payable for any specific Utility Service. To the extent permitted by law, the payments you make may be allocated at our discretion: (a)

towards payment of amounts owing on your utility services account for each respective Utility Service proportionate to the fees and charges owing for each applicable Utility Service on your utility services account;

(b)

towards payment of any amounts owing on the then-oldest overdue bill, even if you intended the payment for a different bill under this Agreement; or

(c)

any other allocation agreed between us from time to time. Please contact us before the applicable pay-by date if you believe there are any issues with a bill, or if you would like us to review your bill. Our contact details (including for billing related queries) are available on our Website and as at the date these Terms and Conditions are provided to you are set out in clause 1.15. If you have a complaint or wish to dispute a bill, we will review the bill and respond in accordance with the standard complaints and dispute resolution procedures as described in clause 17. You have the right to make a written request for a meter test of the Electricity Meter and the Hot Water Meter or a check of the meter reading or metering data in respect of the Electricity Meter and the Hot Water Meter (“Meter Test”) in the event of a billing dispute. We may ask you to pay the cost of the Meter Test in advance (except to the extent that doing so would be contrary to any obligations imposed upon us under applicable law), and will reimburse you for

this cost if the meter reading or meter data proves to be faulty or incorrect.

We may vary the Utility Charges (including the Network Charges component) and the Additional Charges by giving you notice at any time. This notice may be included as a statement in your bill. We will notify you of any change in tariff and the date on which the variation takes place in accordance with any applicable law. The Energy Price Fact Sheets, Basic Plan Information Document or Price and Product Information Statement (as applicable) for the Utility Services will also be updated from time to time to show any variation in the Utility Charges and the Additional Charges. These variations will form part of this Agreement from the date the notice is taken to have been received by you.

If you dispute your bill in relation to a Utility Service, while your bill is being reviewed, you will need to pay: (a)

any amount we ask you to (in accordance with the Energy Laws, the Australian Consumer Law or any other applicable law as relevant) for the relevant bill in relation to that Utility Service;

(b)

all amounts on the relevant bill in relation to any other Utility Services; and

(c)

any future bills by the applicable pay-by date. If the review finds the bill is correct, we are entitled to recover any unpaid amount. If the review finds the bill is incorrect, we will correct the bill under review. Any amounts paid in relation to an incorrect bill in excess of the amount showing on the corrected bill will either be refunded to you or otherwise credited to your next bill. If you have been undercharged in relation to a Utility Service, we are entitled to recover the undercharged amount in instalments in accordance with any applicable law or otherwise as soon as reasonably practicable after we determine the relevant amounts. If the undercharging was not because of your fault or your unlawful act or omission, you will only have to pay us any amounts that should have been charged in the 9 months before we notify you of the undercharge. In all other cases, we will recover all amounts undercharged. We will not charge you interest on the undercharged amount. If we discover we have overcharged you in relation to a Utility Service, we will notify you of the overcharging and repay you by either crediting or refunding the overcharged amount to your utility services account in accordance with any applicable law or otherwise as soon as reasonably practicable after we determine the relevant amounts. You may be entitled to request an immediate refund of overcharged amounts in some circumstances. If the overcharging was because of your fault or unlawful act or omission, we will only refund to you or credit to your next bill any amount that was overcharged in the 12 months before the date we discovered the overcharging. No interest is payable on any overcharged amount.

To the extent permitted by law, any variation in the Utility Charges may reflect: (a)

any increases in relation to the following: distribution network charges, regulated charges or tariffs, taxes, regulatory requirements and regulatory compliance requirements, any energy efficiency scheme or carbon tax, metering charges, loss factors, charges resulting from or in connection with a Change in Law, the operation of the National Electricity Market or the applicable wholesale gas market or any other regulatory requirements; or

(b)

any other changes in our costs of supplying the Utility Services to you (which may include any costs incurred by us for electricity or gas to operate any Embedded Utility Network), or any component of such costs. At your request, we will provide you with historical billing and metering data for the previous 2 years in accordance with the Energy Laws. This data will be ordinarily be provided without charge, unless we are authorised to charge you in accordance with the Energy Laws, in which case we will notify you prior to fulfilling your request. Amounts payable under this Agreement may be stated to be exclusive or inclusive of GST. Where an amount is not stated to include GST and is payment for a “taxable supply” as defined for GST purposes, to the extent permitted by law, that payment will be increased so that the cost of the GST payable on the taxable supply is passed on to the recipient of that taxable supply.

Direct Debit

So that you can avoid late payment fees, we offer a direct debit payment method as well as our other payment methods. As part of our sign-up process, we request all Residential Customers and Body Corporates to provide direct debit details as their method of payment.

You must notify us if a person residing or intending to reside at the Premises requires Life Support Equipment. We will provide you with a medical confirmation form to fill out and return to us. You must keep us updated if these Life Support Equipment requirements change.

Unless we have put in place separate arrangements, you acknowledge and agree that you have provided your consent to enter into a direct debit payment arrangement in respect of this Agreement by completing the Registration Form. This consent will remain in place unless you indicated otherwise on the Registration Form or until you give us notice at any time that you prefer not to pay bills by direct debit. If this is the case, we can put in place alternative payment methods for you to pay your bills.

You consent to us using and disclosing information disclosed under clause 13.1 for purposes connected with the provision of Utility Services to the Premises and otherwise complying with our regulatory obligations regarding Life Support Equipment. Before you provide us with health information about another person, you must first get their consent to us collecting, using and disclosing that information for the purposes described in this clause 13.2.

The direct debit terms and conditions are as follows: (a)

You authorise us to arrange for funds to be debited from your nominated bank account or credit card (as specified in the Registration Form) as prescribed through the ‘Bulk Electronic Clearing System’.

(b)

You authorise us to verify the details of your nominated bank account with your financial institution to ensure they are correct.

(c)

You agree that automatic payments will be deducted for the amount on the bill issued including any overdue amounts.

(d)

The funds will be debited on the date your bill becomes due.

(e)

(f)

Life support customers

If you give us notice under clause 13.1, we will comply with any information and notice requirements or other obligations relating to Life Support Equipment under applicable law.

Security Deposits We may require you to provide us with a Security Deposit in a form acceptable to us and for the amount we request:

(a)

in all cases – at the time the Agreement is entered into; and

(b)

if you are an Other Customer – if: (1)

we consider, acting reasonably, that your creditworthiness is unsatisfactory or has materially adversely changed since the date of the Agreement;

(2)

you fail to pay the amounts invoiced to you in a bill by the applicable payby date in full for any 3 bills in a 12 month period or any 2 consecutive bills; or

(3)

the Premises have been Disconnected for a failure to pay under clause 5.1(o).

If a direct debit is refused by your financial institution or otherwise returned not fully paid, you agree that: (1)

we may charge you for any fees we incur if your payment is dishonoured or reversed and our reasonable administrative and processing costs in relation to such payment dishonouring or reversal; and

(2)

if this occurs over two consecutive billing periods, your direct debit arrangement may be cancelled, in which case we will notify you and you must arrange for an alternative payment method.

If you have cancelled the payment request through your bank, you need to notify us and arrange for an alternative payment method.

If you have provided a Security Deposit, we may use the Security Deposit and any interest earned on the Security Deposit to offset any amount you owe under this Agreement (including any Network Charges). Where the Security Deposit is used under this clause 14.2 and you are an

Other Customer, we may require you to provide top-up security to restore the Security Deposit to the original amount most recently requested under this Agreement within 10 Business Days.

Agreement, and we will handle these in accordance with our Complaints Policy. Even if you raise a complaint or dispute (including where this is brought to mediation under clause 17.4), we will continue to comply with our obligations under this Agreement. You must continue to pay the amounts billed under this Agreement during this time or as required under clause 11.13.

We will refund the balance of the Security Deposit to you on termination of the Agreement once all outstanding amounts due to us have been paid in accordance with any applicable law.

If you are not satisfied with our response in relation to any complaint or dispute you can also contact:

Transfer of the Agreement You may transfer the Agreement to another person but only if we agree in writing. We will not unreasonably refuse a request from you to transfer the Agreement and will do our best to accommodate any such request.

(a)

in the case of Hot Water Services – the relevant Consumer Tribunal; or

(b)

for each other Utility Service – the relevant Energy Ombudsman,

to lodge a complaint or for free independent information and advice.

By entering into the Agreement, you give your consent for us to transfer, novate or assign the Agreement or transfer you as a customer to any Real Utilities Group Member or as part of the transfer to the same third party of all or substantially all of a Real Utilities Group Member’s business segments in respect of any utility services to the extent this is permitted by law.

In the event the relevant Energy Ombudsman cannot or declines to handle your complaint and you are an Other Customer, if we are unable to resolve a dispute or complaint with you within 3 months of it being notified under this clause 17, any party may refer the matter to mediation under the guidelines for commercial mediation published from time to time by the Australian Disputes Centre. The parties will share equally in all reasonable costs of the mediator appointed to conduct any mediation under this clause 17.4 but will otherwise bear their own costs of the mediation.

We will provide you with advance notice of any such transfer, novation or assignment contemplated by clause 15.1, and you acknowledge and agree that you will take all reasonable steps and sign any documents on our request that is required to effect such transfer, novation or assignment.

The requirements of clause 17.4 are without prejudice to (and are not intended to prevent the parties from also pursuing) any legal or other remedies which any of them may be entitled to pursue by other means (such as legal proceedings in a court or by arbitration).

We may transfer, novate or assign this Agreement or otherwise transfer you as a customer to any other third party with your consent.

Force Majeure Event If a Force Majeure Event prevents us or you from carrying out any obligation under the Agreement, other than an obligation to pay money, the affected obligation will be suspended to the extent to which they are affected by the Force Majeure Event for as long as the Force Majeure Event continues.

Complaints and Disputes You will find a complaints and feedback section on our Website. You are encouraged to contact us in relation to any queries, complaints or disputes concerning the provision of Utility Services under the

Privacy Act Notice and Credit Information Consent We will comply with all applicable privacy laws in relation to your personal information. You can find our Privacy Policy on our Website. If you have any questions, please contact our Privacy Officer. We may collect relevant personal information about you in connection with this Agreement. You consent to us collecting, using and disclosing that information in accordance with this Agreement and our Privacy Policy. You also consent:

(a)

to us disclosing relevant personal information (including this Agreement itself) to any Owners Corporation Group Member and any counterparty of agreements that a Real Utilities Group Member (or its agents) enters into to manage any arrangements in supplying Utility Services to you (including in relation to metering related services) and their representatives, agents or subcontractors;

(b)

to us disclosing that information to any Real Utilities Group Member for any reason; and

(c)

to the use and disclosure of that information by a Real Utilities Group Member or any Owners Corporation Group Member for the purposes of any Energy Laws or any other applicable law or any other lawful purpose it reasonably considers necessary.

Notices and bills under this Agreement must be sent in writing, including by email, unless specified otherwise. Communications under this Agreement other than bills may be sent to the email address or via SMS to the mobile phone number nominated in the Registration Form (except to the extent that doing so would be contrary to any applicable law). Unless otherwise provided in the Energy Laws, a notice or bill sent under this Agreement is taken to have been received by you or by us (as relevant): (a)

on the date it is handed to the party, by leaving it at the Premises or Billing Address (in your case) or at our registered office (in our case); or

(b)

on the date 2 Business Days after it is posted to the Premises or the Billing Address (in your case) or at our registered office (in our case); or

(c)

on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed) if sent electronically to an email address or mobile phone (via SMS) notified to the sending party from time to time.

You hereby consent to us: (a)

exchanging your personal information with a credit reporting body to obtain a consumer credit report about you or to allow the credit reporting body to create or maintain a credit information file containing information about you; and

(b)

collecting credit information about you from other legally permissible sources, for purposes related to determining your eligibility to receive (or continue receiving) Utility Services or other services from us.

Our contact details for you to contact us or send us a notice are as set out in our bill to you, or as notified to you from time to time.

You also hereby consent to us using your personal information and credit information and exchanging it with any Real Utilities Group Member (or its agents), as well as any credit reporting bodies and credit providers for the purpose of: (a)

assessing your application(s) for credit;

(b)

notifying other credit providers of payment defaults;

(c)

exchanging information about your credit status if you are in default with us or another credit provider;

(d)

assessing your credit worthiness at any time during or after the life of your credit arrangement;

(e)

resolving disputes and errors; and

(f)

any other purpose authorised by law.

Notices

Marketing From time to time, a Real Utilities Group Member (or its agents) may contact you to provide information about our products and services even after this Agreement has ended. If you do not want to receive this information from us, please let us know by contacting us on 1300 16 16 68. Unless you tell us you do not want us to do so, we will continue providing this information to you so long as we are permitted to send you this information under applicable laws or you have otherwise provided your consent to receive this information.

Applicable laws and Application of laws The Agreement is governed by the laws of the State in which the Premises is located. If any amendments to the Agreement are, in our opinion, reasonably required due to any applicable Change in Law or Change in

Law Related Effect, then we may make such amendments. If such amendments are reasonably likely to be adverse to you, we will notify you prior to making such amendments and they will only take effect from the date the nature of the amendments are communicated to you. If an amendment that affects the terms on which one or more of the Utility Services supplied under this Agreement is made, and such amendment is not acceptable to you, you may, by giving us notice, terminate the supply of the affected Utility Service(s). If you choose to terminate this Agreement in relation to some but not all Utility Services, then this Agreement will continue to apply to the supply of each other remaining Utility Service. Certain provisions of the Energy Laws may be deemed to apply to the supply of Network Services under this Agreement as a condition of the exemptions granted to the Owners Corporation and Real Utilities Operator from the requirement to be a Registered Network Service Provider. Except in those cases and unless the relevant law provides that it must prevail, this Agreement prevails to the extent it is inconsistent with any Energy Law or any other applicable law to the extent allowed. If any matter that is required to be dealt with under the Energy Laws is not expressly dealt with in this Agreement (whether in whole or in part), the relevant provisions of the Energy Laws are incorporated into this Agreement in whole or in part as required. Any present or future legislation which operates to vary the obligations of a party in connection with this Agreement with the result that another party’s rights, powers or remedies are adversely affected (including, by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by Law. Despite anything else in this Agreement, to the extent permitted by Law: (a)

if one or both of Real Utilities Operator and Real Utilities Retailer (each an Affected Party) is, by reason of an applicable Change in Law, prevented from or delayed in performing any part of its obligations under this Agreement, the obligations of an Affected Party are suspended to the extent to which they are affected by the Change in Law, for so long as the Change in Law continues until amendments to this Agreement have been

made pursuant to clauses 21.2 or 22.5 or as otherwise may be agreed between the parties; and (b)

an Affected Party’s non-compliance with any suspended obligations will not give rise to any liability to any other party to this Agreement for any Loss (including Consequential Loss) arising out of, or in any way connected with, the nonperformance of those obligations. During the period for which an obligation of an Affected Party is suspended pursuant to clause 21.6, each other party may (at its own cost) make temporary alternative arrangements for the performance of the suspended obligation (whether by another person or otherwise) without any liability to the Affected Party.

General Provisions Some of our obligations under this Agreement may be carried out by another person, however we remain liable to you for any failures to comply with those obligations. Subject to clause 21.4, the Agreement represents the entire agreement between you and us and supersedes all prior arrangements or understandings between you and us in connection with the provision of Utility Services at the Premises (excluding any agreements relating to the set-up of the Embedded Utility Networks you may have entered if you are a Body Corporate). If any term or clause of the Agreement is or becomes invalid or unenforceable, then the other terms remain valid and unaffected and will continue for the duration of the Agreement. If we do not exercise or enforce any right or power under the Agreement, that failure will not amount to a waiver of that right or power. Any delay in doing so will also not amount to a waiver of that right or power. Subject to clause 21.2, we may vary this Agreement by giving you at least 20 Business Days’ written notice of the variation. If a variation that affects the terms on which one or more of the Utility Services supplied under this Agreement is made, and such variation is not acceptable to you, you may, by giving us notice, terminate the supply of the affected Utility Service(s). If you choose to terminate this Agreement in relation to some but not all Utility Services,

then this Agreement will continue to apply to the supply of each other remaining Utility Service. The Agreement will be varied by agreement between us if you have accepted that variation by not terminating this Agreement in the 20 Business Day period immediately following the date the notice is taken to have been received by you. Other than as provided in this Agreement, no variation of the provisions of the Agreement may be inferred from a course of conduct.

Provisions relating to Body Corporates This clause 23 applies if you are a Body Corporate. As a Body Corporate, you may be considered a Small Customer under the Energy Laws for the purposes of the supply of Utility Services (excluding Hot Water Services) under this Agreement. This depends on the level of electricity or gas you use at the Premises in a year. If you are a Small Customer, certain protections provided by the Energy Laws will apply to you in relation to the supply of the Utility Services (excluding Hot Water Services) under the Agreement. If you are not a Small Customer and:

(a)

the Premises are located within a Residential Building sited in a residential strata scheme; or

(b)

if we agree in writing, the Premises are located adjacent or reasonably proximate to, or otherwise services, a Residential Building sited in a residential strata scheme; or

(c)

if we agree in writing, the Body Corporate operates shared facilities at the Premises or otherwise has the benefit of the Premises,

we may still supply you Utility Services under this Agreement as an Other Customer however you may not have the benefit of the same provisions of the Energy Laws as a Small Customer. You must give us notice as soon as reasonably practicable: (a)

(b)

if you are an Other Customer (whether as at the date of this Agreement or subsequently during the term of this Agreement) – if you reasonably believe you are no longer an Other Customer; and if you are a Small Customer (whether as at the date of this Agreement or

subsequently during the term of this Agreement) – if you reasonably believe you are no longer a Small Customer.

Definitions and interpretation The meanings of certain terms used and not otherwise defined elsewhere in these Terms and Conditions are given below:

Additional Charges has the meaning set out in clause 11.6. Agreement has the meaning set out in clause 1.2. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). Basic Plan Information Document means (from the time this obligation applies to the Real Utilities Retailer) the ‘Basic Plan Information Document’ in relation to pricing for the Utility Services and other fees and charges payable under this Agreement provided alongside these Terms and Conditions, or any relevant pricing or other document for Residential Customers or Body Corporates (as applicable) published on our Website as amended and varied from time to time. Billing Address means the address specified in the Registration Form as the ‘billing address’ or similar. Body Corporate means an owners corporation for a strata scheme, and any co-operative or building management committee (or similar) of which an owners corporation for a strata scheme is a member. Building Schedule means the ‘Building Schedule’ provided to you alongside these Terms and Conditions. Bulk Hot Water System means the hot water systems, pipes and associated equipment by which water is centrally heated and delivered within the building where the Premises is situated, but does not include the Hot Water Meters. Business Customer means a customer who is not a Residential Customer. Business Day means any day that is not a Saturday or Sunday or a public holiday in the area in which the Premises is located or the whole of the State in which the Premises is located. Change in Law means: (a)

any law, regulation, rules, code or subcode being introduced, amended or repealed in whole or in part;

(b)

a variation in the interpretation or administration of a Law or regulation by a

governmental agency or body or a court tribunal; or (c)

a scheme being introduced by any Governmental Agency providing for a party to gain or hold any licence, permit or authorisation or providing for a party to purchase, hold or surrender any certificate, permit or instrument or any such scheme being varied,

except to the extent such imposition, amendment, repeal, variation or introduction relates to income tax or GST. Change in Law Related Effect means any Change in Law which materially affects the ability of a party to exercise its rights or perform its obligations under this Agreement or materially affects a party’s costs of doing so, including for clarity, the imposition of any new or modified registration or licensing requirements including under or in connection with: (a)

(b)

(c)

the regulatory changes proposed in the Australian Energy Market Commission’s report dated 20 June 2019 titled ‘Final Report – Updating the Regulatory Frameworks for Embedded Networks’ (Final Report); the Australian Energy Market Commission’s recommended revisions to the National Electricity Rules and the National Energy Retail Rules, and drafting instructions for the National Electricity Law and National Energy Retail Law, as set out in a publication prepared by the Australian Energy Market Commission accompanying the release of the Final Report (Proposed Law and Rule Changes); or any Law enacted which is of substantially the same effect as those regulatory changes referred to or contemplated in the Final Report, the Proposed Law and Rule Changes or any part thereof.

Complaints Policy means the ‘Energy Complaints Policy’ that is applicable to the Real Utilities Group and published on our Website as amended and varied from time to time

(d) loss of goodwill or damage to reputation. Consumer Guarantee means a consumer guarantee applicable to this Agreement under the Australian Consumer Law, including any express warranty as defined in section 2(1) of the Australian Consumer Law. Consumer Tribunal means, if the Premises are located in: (a)

New South Wales, the NSW Civil and Administrative Tribunal;

(b)

Victoria, the Victorian Civil and Administrative Tribunal; and

(c)

Queensland, the Queensland Civil and Administrative Tribunal.

Cooker Gas means unmetered natural gas. Cooker Gas System means gas pipes, bayonet(s) and other works through which Cooker Gas is supplied within the building where the Premises is situated. Cooker Gas Services means the sale of Cooker Gas on the Cooker Gas System to the Customer Utility Assets installed at your Premises. Cooling Off Period has the meaning set out in clause 1.6. Customer Read Estimate means your reading of the relevant meter. Customer Utility Assets means the fitted cooktop appliance(s) installed at your Premises, and any gas barbeque installed on the balcony of your Premises which is connected to the Cooker Gas System. Disconnection means an action to prevent the flow of Utility Services to the Premises and (in the case of Hot Water Services only) may include the suspension or stopping of the supply of hot water, but does not include an interruption. Distributor means the person that owns, operates and maintains the relevant External Distribution Network.

Consequential Loss means any:

Electricity Meter means the meter servicing the Premises and measuring the flow of electricity on the Embedded Electricity Network to the Premises.

(a) indirect, special or consequential losses, costs, damages, liabilities or expenses or claims for special or punitive damages;

Electricity Retailer means a person that is authorised to sell electricity to customers under the Energy Laws.

(b) loss of use (including use of plant or facility) or production;

Electricity Services means the sale of electricity to the Premises through the Embedded Electricity Network.

(c) loss of business, contract, commercial opportunity, profit, revenue or any failure to realise any anticipated savings; or

Embedded Electricity Network means a private electricity network that enables the supply of electricity to the Premises. Embedded Network Manager means the person appointed to manage certain aspects of the Embedded Electricity Network under the Energy Laws, as at the date of this Agreement being the person specified as the ‘Embedded Network Manager’ in the Building Schedule or as notified to you from time to time. Embedded Utility Network means the Embedded Electricity Network and the Owners Corporation Utility Assets. Emergency means an emergency due to the actual or imminent occurrence of an event that in any way endangers or threatens to endanger the safety or health of any person, or normal operation of any Embedded Utility Network, or that destroys or damages, or threatens to destroy or damage, any property. Energy Ombudsman means the energy ombudsman prescribed by the Energy Laws for the State in which the Premises are located, which as at the date of this Agreement is: (a)

EWON if the Premises are located in New South Wales;

(b)

EWOQ if the Premises are located in Queensland; and

(c)

EWOV if the Premises are located in Victoria.

Energy Laws means national and State and Territory laws and rules relating to energy and the legal instruments made under those laws and rules, insofar as they apply to this Agreement, and includes the conditions applying to the exemption from the requirement to be a Registered Network Service Provider granted to the Real Utilities Operator and the Owners Corporation (where relevant). Energy Price Fact Sheet means the ‘Energy Price Fact Sheet’ in relation to pricing for the Utility Services and other fees and charges payable under this Agreement provided alongside these Terms and Conditions, or any relevant pricing or other document for Residential Customers or Body Corporates (as applicable) published on our Website as amended and varied from time to time. EWON means Energy and Water Ombudsman NSW, and as at the date these Terms and Conditions are provided to you, EWON’s contact details are as set out in the Building Schedule.

Conditions are provided to you, EWOQ’s contact details are as set out in the Building Schedule. EWOV means Energy and Water Ombudsman Victoria, and as at the date these Terms and Conditions are provided to you, EWOV’s contact details are as set out in the Building Schedule. External Distribution Network means: (a)

the local electricity distribution network connected to the Embedded Electricity Network;

(b)

the gas distribution network connected to the Bulk Hot Water System and the Cooker Gas System; and

(c)

the potable water supply system connected to the Bulk Hot Water System.

Force Majeure Event means an event outside the control of a party, and may include a failure or fluctuation in any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, cable cut, fire, storm, flood, earthquake, accident, war, labour dispute (other than a dispute solely between that person and its own staff or staff under its control), materials or labour shortage, an act or omission, failure or delay of any third party or any failure of any equipment owned or operated by any third party. Governmental Agency means any government or governmental, administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal, government Minister, agency or entity in any part of the world. GST has the meaning given in the GST Act (A New Tax System (Goods and Services Tax) Act 1999 (Cth). Hardship Policy means the ‘Customer Hardship Policy’ that is applicable to the Real Utilities Group and published on our Website as amended and varied from time to time. Hot Water Meter means the meter servicing the Premises and measuring the consumption of Hot Water Services at the Premises. Hot Water Services means the heating of water by the gas-fired Bulk Hot Water System and the Residential Heat Exchangers under master utility service arrangements entered into between the Owners Corporation, the Real Utilities Retailer and the Real Utilities Operator from time to time, including a licence granted by the Owners Corporation. Law means:

EWOQ means Energy and Water Ombudsman Queensland, and as at the date these Terms and

(a)

any act, regulation, rule, ordinance, statutory instrument or proclamation of any applicable jurisdiction;

(b)

any applicable law, whether of a legislative, equitable or common law nature; and

(c)

any judgment, decree or similar order with mandatory effect or any binding requirement (including binding guidelines) or mandatory approval of a regulatory authority.

Life Support Equipment means: (a)

an oxygen concentrator;

(b)

an intermittent peritoneal dialysis machine;

(c)

a kidney dialysis machine;

(d)

a chronic positive airways pressure respirator;

(e)

crigler najjar syndrome phototherapy equipment;

(f)

a ventilator for life support; and

(g)

in relation to a particular customer, any other equipment that a registered medical practitioner certifies is required for a person residing at the Premises for life support.

Loss means any losses, liabilities, damages, costs, charges and expenses. Metering Coordinator means a person that is registered as a ‘Metering Coordinator’ with the Australian Energy Market Operator. Metering Data means information obtained from a meter installed and maintained for the purpose of measuring the consumption of Utility Services at the Premises. Meter Test has the meaning set out in clause 11.12. National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), having force as a law of the State under the Laws of that State. National Electricity Rules means the National Electricity Rules under the National Electricity Law. Network Charges means any tariff or charge that we are permitted to charge under the Energy Laws or any other applicable law in connection with the transportation of electricity to the Premises. Network Services means the connection of the Premises to the Embedded Electricity Network and the permitting of the Embedded Electricity

Network to be used to supply electricity to the Premises. National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 (SA), having force as a law of the State under the Laws of that State. National Energy Retail Rules means the National Energy Retail Rules under the National Energy Retail Law. Other Customer means a customer who is not a Small Customer. Owners Corporation means the body corporate for the strata scheme in respect of the Premises, as at the date of this Agreement being the entity specified as the ‘Owners Corporation’ in the Building Schedule. Owners Corporation Group Member means the Owners Corporation and any Body Corporate of which the Owners Corporation is a member and Owners Corporation Group Member means any member of the Owners Corporation Group. Owners Corporation Utility Assets means the Cooker Gas System, the Bulk Hot Water System and certain components comprising the Embedded Electricity Network and any other equipment required for the provision of Utility Services at the Premises, other than a Real Utilities Infrastructure Asset. Premises means the premises as specified in the Registration Form as the ‘supply address’. Price and Product Information Statement means the ‘Price and Product Information Sheet’ in relation to pricing for the Utility Services and other fees and charges payable under this Agreement provided alongside these Terms and Conditions, or any relevant pricing or other document for Residential Customers or Body Corporates (as applicable) published on our Website as amended and varied from time to time Privacy Policy means the ‘Privacy Policy’ that is applicable to the Real Utilities Group and published on our Website as amended and varied from time to time Real Utilities Infrastructure Asset means the Hot Water Meters, Residential Heat Exchangers, Solar PV System, certain components comprising the Embedded Electricity Network, any meters measuring the flow of electricity through the Embedded Electricity Network (including any Electricity Meter), and any other infrastructure which is installed at or adjacent to the Premises and owned by the Real Utilities Operator.

Real Utilities Group means Real Utilities Retailer, Real Utilities Operator and each of their Related Bodies Corporate and Real Utilities Group Member means any member of the Real Utilities Group.

Website means the website for the Real Utilities Group, which as at the date of this Agreement is www.realutilities.com.au you has the meaning set out in clause 1.2. In these Terms and Conditions, unless the contrary intention appears, an obligation or a liability assumed by 2 or more persons binds them jointly and severally and a right conferred on 2 or more persons benefits them jointly and severally.

Real Utilities Operator means the entity specified as the ‘Real Utilities Operator’ in the Building Schedule. Real Utilities Retailer the entity specified as the ‘Real Utilities Retailer’ in the Building Schedule. Registered Network Service Provider means a person that is registered as a ‘Distribution Network Service Provider’ with the Australian Energy Market Operator.

In these Terms and Conditions, headings and boldings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:

Registration Form means: (a)

a paper form entitled ‘Residential Customer Application Form’; or

(b)

an on-line Application Form as accessed from our Website or any other website notified to you from time to time.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

(a)

words importing the singular include the plural and vice versa;

(b)

other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

(c)

an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental Agency;

(d)

a reference to any thing (including, but not limited to, any right) includes a part of that thing;

(e)

a reference to a clause or party is a reference to a clause of, and a party to this Agreement;

(f)

a reference to a statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;

(g)

a reference to a document includes all amendments or supplements to, or replacements or novations of, that document;

(h)

a reference to a party to any document includes that party’s successors and permitted assigns;

(i)

a reference to an agreement other than this Agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;

Residential Building means the residential building within with the Premises are located. Residential Customer means a customer who purchases electricity principally for personal, household or domestic use at premises. Residential Heat Exchangers means the heat exchangers located at or adjacent to the Premises which transfer rejected heat from another premises to the Bulk Hot Water System. Security Deposit means an amount of money paid to us as security against non-payment of a bill, as specified in the Registration Form (if any). Small Customer means a Residential Customer or a Business Customer who consumes energy below a level determined under the Energy Laws. Solar PV System means the solar photo-voltaic electricity generation system to be connected to the Embedded Electricity Network and located at or adjacent to the Premises. State means the State in which the Premises is located. Terms and Conditions means clauses 1 to 24 of this document. Utility Charges has the meaning set out in clause 11.1. Utility Services has the meaning set out in clause 1.5. we or us has the meaning set out in clause 1.1.

(j)

if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated without including that day;

(k)

a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(l)

a reference to time is to local time in the State in which the Premises is located;

(m)

a reference to a month is to be interpreted as a calendar month;

(n)

specifying anything in this Agreement after the words ‘including’, ‘includes’ or ‘for example’ or similar expressions does not limit what else is included; and

(o)

no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.

Residential Customers and Body Corporates Building Schedule 1.

Overview

1.1 This ‘Building Schedule’ sets out key details, terms and conditions specific to the Building that form part of the Agreement and apply as at the date of the Agreement. These details may change in accordance with the Agreement. 1.2 Terms that are used and not otherwise defined in this Building Schedule have the meaning given to them in the Agreement.

4. 4.1

Embedded Network Manager

4.2

Embedded Network Manager contact details

1.3 At the Building: 5.1

(a) the Owners Corporation and Real Utilities Operator are (or will shortly be) the joint exempt embedded network service providers under an exemption provided for in the AER Electricity Network Service Provider – Registration Exemption Guideline; and (b) Real Utilities Retailer is an authorised electricity retailer under the National Energy Retail Law. 2.

Nautilus

2.2

Building street address and suburb

[insert]

State

New South Wales

3.1

3.2

Real Utilities Operator

Electricity customer classification

Real Utilities Retailer

□ Business Customer ☒ Small Customer

☒ Yes, for Australian Consumer Law purposes 5.2

Small Business Customer classification

☒ Yes, for the relevant Energy Ombudsman scheme

□ No 6.

Security Deposit details

Security Deposit

□ Yes ☒ No (if no, please skip items 6.2 and 6.3)

6.2

Amount of Security Deposit

N/A

6.3

Form of Security Deposit

N/A

Strata Plan [insert] 7. Real Utilities Shell Cove Pty Limited ACN: 107 355 822

3.3

Email: enm@plusES.com.au

□ Large Customer

6.1

Details of parties relevant to the Agreement Owners Corporation

Telephone: 0457 510 159

(please check all boxes that apply to the customer)

Building

PLUS ES

Classification of customer

Details of Premises

2.1

2.3

Details of Embedded Network Manager

Real Utilities Pty Limited

7.1

Details of your electricity arrangements Local area Registered Network Service Provider

Details of relevant Energy Ombudsman

ACN: 150 290 814 8.1

Endeavour Energy

Relevant Energy Ombudsman

☒ Energy and Water Ombudsman NSW

□ Energy and Water Ombudsman

page 1

Queensland

□ Energy and Water Ombudsman Victoria EWON Telephone: 1800 246 545 Website: www.ewon.com.au EWOQ 8.2

Energy Ombudsman contact details

Telephone: 1800 662 837 Website: www.ewoq.com.au EWOV Telephone: 1800 500 509 Website: www.ewov.com.au

84508494

page 2

Real Utilities - Small Business Electricity Plan

Plan ID: REU90388MBE1

Business Time of Use Saver

Call 1300 16 16 68

No contract term

www.realutilities.com.au

Time of use tariff

Estimated price

Plan features Monthly billing option

We are unable to provide an estimate for this plan. Please contact Real Utilities on 1300 16 16 68 for pricing details.

10 day cooling off period No credit card fees No exit fees No fees for paper bills Move in fees apply Plan prices are not xed

Plan eligibility

Fees and charges Move-in / new connection fee

$50.00

This plan is only available if:

Late payment fee

$12.00

You use energy at Shell Cove

Disconnection fee

$41.58

Reconnection fee

$41.58

Direct debit dishonour fee

$2.75

Incentives 100% Carbon Neutral

Pricing All rates are GST inclusive General charges

Daily supply charge

81.54 cents/day

Time of use usage rates

14.21 to 36.60 cents/kWh

Contract details Effective from

10 Jul 2020

Cooling off period

10 business days

Contract expiry

Terminated by you or us in accordance with the Terms and Conditions of the Utility Services Agreement

Distributor

Endeavour

Real Utilities uses renewable energy sources and/or purchased carbon offsets to make your energy usage 100% carbon neutral, and we are Certiﬁed Carbon Neutral by Climate Active. For more information about the Climate Active Carbon Neutral Standard see www.environment.gov.au/climatechange/government/carbon-neutral

Fees and charges Move-in / new connection fee

$50.00

For a same-business-day connections, let us know before 11am, Monday to Friday, excluding public holidays. Fees apply for same-business-day connections.

Late payment fee

$12.00

$12.00 per bill (GST does not currently apply to late payment fees).

Disconnection fee

$41.58

A fee may apply for disconnecting your property (inc. when you move or reading your meter).

Reconnection fee

$41.58

A fee may apply for reconnecting your property (inc. when you move or reading your meter).

Direct debit dishonour fee

$2.75

$2.75 per dishonour (inc. GST)

Plan eligibility This plan is only available if: You use energy at Shell Cove You must be a Body Corporate to be eligible for this plan.

Billing and price details Billing period

Every month

Payment options

Direct debit, BPay, Credit card, Paper bill

Prices are not xed

Prices may vary in line with the terms of your Utility Services Agreement and we will provide you with notice of these in accordance with the Utility Services Agreement (which may be included as a statement in your next bill).

Time of use charges General Usage | 01 Jul - 30 Jun | Mon-Fri Peak 1500 to 2059 36.60 cents/kWh

Shoulder 0700 to 1459 30.28 cents/kWh

Off-Peak 2200 to 0659 14.21 cents/kWh General Usage | 01 Jul - 30 Jun | Weekends Shoulder 0700 to 2159 30.28 cents/kWh

Off-Peak 2200 to 0659 14.21 cents/kWh

Terms and conditions For full terms and conditions, visit our website www.realutilities.com.au

Additional fee information For additional charges that may apply visit our website www.realutilities.com.au

Shoulder 2100 to 2159 30.28 cents/kWh

Contact details

Real Utilities Call 1300 16 16 68 www.realutilities.com.au

Energy Made Easy is an Australian Government website where you can compare energy plans. Visit energymadeeasy.gov.au

residential customer application form network services and electricity sales This application form is for the supply of electricity network services and the sale of electricity to the supply address specified on this form. Attached to this application form are the separate Terms and Conditions that apply to each of these two services and the Energy Price Fact Sheet setting out the applicable pricing and fees for these services on a bundled basis. Together with this application form, these documents form the agreement between you, Real Utilities Pty Limited and Real Utilities Shell Cove Pty Limited. At Shell Cove, the Owners Corporation and Real Utilities Shell Cove Pty Limited are the joint exempt embedded network service providers under an exemption provided for in the AER Electricity Network Service Provider - Registration Exemption Guideline. 1 Account holder details First name

Last name Named entity is financially responsible party for the account.

Date of birth

DD / MM / YYYY

Contact number

Mobile number

Account holder form of identification Option 1. Drivers license Account holder drivers licence number

State of issue

OR Option 2. Passport Account holder passport number Country of issue

Date of expiry

DD / MM / YYYY

OR Option 3. Other Type of identification

Issued by

Reference number

Page 1 of 3

2 Additional authorised contact details Additional authorised contact

Yes

First name

Last name

Date of birth

DD / MM / YYYY

3 Supply address details Apartment number

Street number

Street name

Suburb

Postcode

Move in date

State

DD / MM / YYYY

4 Notices and billing Electronic notices & bills

Yes

Email address

If yes, please enter email address.

Paper notices & bills

Yes

If yes, please enter postal address below.

Marketing notices Postal address details Same as supply address Apartment number

Yes If you wish to opt out, please tick this box.

Yes Street number

Street name

Suburb

Postcode

State

5 Life support equipment/Concession Card details Does any resident at the supply address require life support equipment? Does the account holder or another permanent occupant at the supply address hold a Concession Card that entitles the holder to energy concessions? Concession Card issued by

Card number

First name on card

Last name on card

Yes

If yes, please enter details below.

Page 2 of 3

6 Payment method Please select your preferred payment method If yes, please select only one of the payment methods set out below

Yes

Direct debit Pay by CREDIT CARD Credit card issued by

Visa

If you do not wish to set up direct debit arrangements, you can pay your bill in other ways. We will set out those other payment methods in the bills that we send to you.

MasterCard

Name on card Credit card number Card expiry

/ MM / YY

Pay by BANK ACCOUNT Bank name Account holder first name

Account holder last name Bank account number

Bank BSB

7 Acknowledgement If you agree with the statements below, please tick the appropriate boxes and sign and date this form.

Accepted

I have read and accept the Terms and Conditions for the electricity services on this form to the supply address identified on this form, as well as the accompanying Energy Price Fact Sheets described for the provision of such electricity services. I have obtained, understood and agree with the handling of my personal information as described in the Real Utilities Privacy Policy (available at www.realutilities.com.au/privacy or on request). The Privacy Policy contains details about how Real Utilities handles personal information, including credit reporting information, and matters such as website privacy, credit reporting bodies used and my access, correction and complaint rights in relation to Real Utilities and those credit reporting bodies. I understand and consent to Real Utilities exchanging my personal information, to the extent permitted by law, with other credit providers for (i) assessing my application(s) for credit, (ii) notifying other credit providers of defaults, (iii) exchanging information about my credit status where I am in default with Real Utilities or another credit provider, (iv) assessing my credit worthiness at anytime during or after the life of my credit arrangement, (v) resolving disputes and errors, and (vi) any other purpose authorised by law.

Account holder name Signature

Date

DD / MM / YYYY

Page 3 of 3

thank you for choosing us. Terms and Conditions – Residential Customers

Effective July 2020

Real Utilities Retailer and Real Utilities Operator Utility Services Agreement Terms and Conditions – Residential Customers and Body Corporates 1

in relation to the Network Services, is Real Utilities Operator; and

(b)

in relation to each other Utility Service, is Real Utilities Retailer,

you agree that you have entered into an agreement (“Agreement”) for the supply of Utility Services at the Premises on these Terms and Conditions; and

(b)

you acknowledge and give your consent to these Terms and Conditions, including the credit information consents contained in clause 18.

you will only need to pay charges for that Utility Service to the extent they were provided before you cancelled the Agreement; and

(b)

The Agreement consists of: (a)

the Registration Form;

(b)

these Terms and Conditions;

(c)

the Building Schedule;

(d)

the Energy Price Fact Sheets, Basic Plan Information Document or Price and Product Information Statement (as applicable) relevant to the Utility Services; and

(e)

T: 1300 16 16 68 E: support@realutilities.com.au

Your Agreement with Us This Agreement is for the provision of Utility Services at the Premises only. We are not responsible: (a)

(b)

(c)

in the case of Hot Water Services – for the supply or sale of water, electricity or natural gas used by the Bulk Hot Water System to supply Hot Water Services to you at the Premises.

Information about the Real Utilities Group, its business and the utility services we provide can be found on our Website. Unless you otherwise request, we propose to: (a)

send all utility bills and other communications to the email address nominated in the Registration Form; and

(b)

put in place direct debit payment arrangements for convenience, which are

Under this Agreement: (a)

we agree to supply you Utility Services at the Premises and to comply with our obligations under Energy Laws or any other applicable law; and

(b)

you agree to:

(1)

pay the amounts billed by us under this Agreement;

(2)

provide us with safe and unhindered access to the Premises in accordance with clause 6;

(3)

(4)

take reasonable steps to minimise risk of Loss you may suffer in connection with this Agreement;

(5)

(6)

comply with the law (including any Energy Laws) in respect of your use of the Utility Services.

If you choose to sign up with an Electricity Retailer other than with a Real Utilities Group Member for the sale of electricity to the Premises, you should do the following things: (a)

advise that Electricity Retailer that the Premises is connected to the Embedded Electricity Network; and

(b)

contact the Embedded Network Manager and give notice of that Electricity Retailer. Subject to clause 3.5, we will help coordinate the collection of the Network Charges with your Electricity Retailer:

(a)

if a Real Utilities Group Member is the Electricity Retailer, by arranging for the Network Charges to be charged under this Agreement;

(b)

(a)

if your Electricity Retailer does not collect the Network Charges from you; or

(b)

you have satisfied the requirements of our sign-up process for a utility services account;

(b)

(c)

the Premises are connected to the respective Embedded Utility Network(s); and

(d)

Subject to this clause 4, the Agreement will terminate in respect of a Utility Service on the earlier of the following dates: (a)

when you request termination in respect of that Utility Service during the Cooling-Off Period;

(b)

on a date agreed by you and us in respect of that Utility Service;

(c)

subject to clause 4.5(h), at the end of your lease, tenancy agreement or ownership of the Premises;

(d)

(e)

(f)

(j)

(1)

from us under a different agreement; or

(2)

in the case of Electricity Services only – from another Electricity Retailer,

in the case of Hot Water Services only – 10 Business Days after we give you notice if: (1)

you have failed to provide us with access to the Hot Water Meter for meter readings on three consecutive occasions where we have sought access; or

(2)

you commit any other material breach of the Agreement relating to Hot Water Services other than a breach of clause 2.4;

(k)

(l)

when you start receiving that Utility Service either:

or on the date that separate agreement starts (whichever is later, to the extent permitted by law);

(1)

(2)

(g)

the date on which we are no longer entitled under applicable law to supply that Utility Service to you;

(h)

in the case of Network Services only – if your Electricity Retailer notifies us that the supply of electricity to the Premises is to be Disconnected, on the later of the date:

(i)

Services from a third party supplier in breach of clause 2.4;

(1)

we Disconnect the Premises in respect of Network Services (even if you have vacated the Premises earlier); or

(2)

in the case of Hot Water Services only – when you start receiving Hot Water

you have committed a material breach of this Agreement relating to Hot Water Services; or

(b)

you have not met the conditions for reconnection following a Disconnection in respect of that Utility Service,

(g)

the provisions about the complaint and disputes procedure (clause 17); and

(h)

we enter into a new agreement (whether with you or someone else); or

(b)

in the case of Electricity Services only – the transfer of responsibility for the sale of electricity at your Premises to another Electricity Retailer has been completed.

this clause 4;

(b)

the provisions about our recovery of Network Charges (clause 3.5 and clause 3.6);

(c)

the provisions about payment (clause 11 and clause 12);

(d)

the provisions about access (clause 6);

(e)

the provisions about our liability (clause 9 and clause 10),

(f)

the provisions about transfer of this Agreement (clause 15);

Disconnection and Reconnection Subject to this clause 5, we may Disconnect the Premises in respect of a Utility Service: (a)

if you have requested Disconnection in respect of that Utility Service;

(b)

if the Agreement has been terminated in respect of that Utility Service;

(c)

(d)

if your lease or tenancy agreement has ended and/or you are vacating the Premises;

(e)

(f)

(g)

if you have obtained that Utility Service at the Premises fraudulently, or intentionally used such Utility Service contrary to any applicable law;

(h)

for each Utility Service other than Network Services – if you refuse to pay, or do not pay the full amount of a Security Deposit we require under clause 14;

(i)

if continuity of supply of that Utility Service to the Premises would be unsafe;

(j)

in the event of an Emergency;

(k)

(l)

in the case of Network Services only – if you use electricity supplied to the Premises wrongfully or illegally in breach of clause 7;

(m)

in the case of Network Services only – if you no longer have an agreement with any Electricity Retailer for the sale of electricity for the Premises;

(n)

(o)

(p)

(a)

(b)

we will not exercise our rights to Disconnect any Utility Services to the Premises: (1)

(2)

(c)

(d)

(a)

for each Utility Service other than Hot Water Services – if a person residing at the Premises requires Life Support Equipment;

(b)

if you are a Small Customer – where the Disconnection of that Utility Service is undertaken for a failure to pay a bill under clause 5.1(c), during an extreme weather event;

(c)

(d)

(e)

if you are a Small Customer – where the amount outstanding on your utility

(f)

services account is of a kind or is below a minimum amount for Disconnection (assessed on a whole of account basis) to be permitted in your State; or

Premises in respect of a Utility Service including (where relevant) in accordance with any applicable procedures and notice requirements under any applicable law.

where the Energy Laws or any other applicable law prohibit us from doing so.

We will arrange for reconnection of the Premises for the affected Utility Service as soon as practicable if the Premises has been Disconnected in respect of Network Services or Hot Water Services:

The restrictions in clause 5.2 and clause 5.3 do not apply in any of the following circumstances: (a)

the Premises is not occupied;

(b)

Disconnection of the Premises in respect of a Utility Service is undertaken because you have requested Disconnection under clause 5.1(a) or the Agreement has been terminated under clause 5.1(b);

(c)

(d)

(a)

for health and safety reasons under clause 5.1(i) or in an Emergency under clause 5.1(j);

(b)

because of your failure to provide access as required under clause 5.1(f), or

(c)

so that we can carry out works contemplated by clause 5.1(n) on those assets used to supply Hot Water Services,

Disconnection of the Premises in respect of a Utility Service for health and safety reasons (including under clause 5.1(i)) or in an Emergency under clause 5.1(j); or

in each case provided our entitlement or obligation to Disconnect the Premises was not because of your fault or unlawful act or omission.

The restrictions in clause 5.3 do not apply in any of the following circumstances: (a)

(b)

rectified the matter that led to the Disconnection of the Premises for that affected Utility Service (if relevant); and

(b)

made a request to us for reconnection of the affected Utility Service; and

(c)

either: (1)

in the case of Hot Water Services only – satisfied any reasonable conditions we have specified related to the matter that led to the Disconnection for such reconnection; or

(2)

for each Utility Service – otherwise paid any reconnection charges,

in which case we will reconnect the Premises in accordance with the requirements of the Energy Laws. We will arrange with the relevant Distributor(s) to reconnect the Premises if required.

(a)

Access to the Premises

For each Utility Service, you agree to provide us with safe and unhindered access to the Premises in respect of that Utility Service: (a)

(b)

(c)

(d)

equipment), except as may be permitted by law; (c)

(2)

in the case of Network Services only – by your Electricity Retailer,

We will comply with the requirements under the Energy Laws or any other applicable law if we or our representatives seek access to the Premises under this clause 6.

Wrongful and illegal use of Utility Services You must not, and must take reasonable steps to ensure that others do not: (a)

illegally use any Utility Services supplied to the Premises; or

(b)

(2)

causes damage or interference to any third party; or

(e)

unreasonably interferes with the connection or supply of Utility Services to another customer; or

use the Utility Services provided by us in a way that is not permitted by law or this Agreement; or

in relation to that Utility Service; and (e)

(1)

(d)

to perform services requested: (1)

use Utility Services supplied to the Premises or any equipment facilitating the supply of Utility Services in a manner that:

(a)

estimate the amount of Utility Services obtained wrongfully or illegally and take debt recovery action against you for that amount; and

(b)

undertake (or agree that you undertake) any necessary rectification work at your cost; and

(c)

arrange for the immediate Disconnection of the Premises in respect of the affected Utility Services.

Member and their representatives, agents or sub-contractors;

to any Owners Corporation Group Member and any Real Utilities Group

(b)

to the Embedded Network Manager, any Distributor(s) and any retailer selling electricity or natural gas to or on the Embedded Utility Networks and their representatives, agents or subcontractors; and

(c)

(d)

for the purpose of meeting obligations in relation to greenhouse gas reporting;

(e)

(f)

for the purpose of any Energy Laws or any other applicable law or any other lawful purpose reasonably considered necessary by any Real Utilities Group Member or any Owners Corporation Group Member.

Supply of Utility Services The supply of electricity, water or natural gas to the Embedded Utility Networks is the responsibility of the relevant Distributor(s) and we cannot control: (a)

the quality, voltage, frequency or security of the electricity supply delivered to and on the Embedded Electricity Network; or

(b)

or water supply, and we make no representation to you about the conditions or suitability of the Utility Services supplied under this Agreement, its quality, fitness for purpose or safety.

discontinues the sale of electricity to you under or in connection with an agreement for the sale of electricity to the Premises; and (b)

for the purpose of maintaining the safe and efficient operation of any Embedded Utility Network or any equipment related to any Embedded Utility Network (including metering equipment);

(b)

for the installation of a new connection or a connection alteration to another customer or to restore supply to another customer in relation to a Utility Service;

(c)

(d)

for health or safety reasons or in an Emergency; or

(e)

in the case of Network Services – to shed demand for electricity because the total demand at the relevant time exceeds the total supply available.

(a)

any variation: (1)

in the voltage and frequency of the supply of electricity;

(2)

in the flow and specifications of the supply of Cooker Gas; or

(3)

in the flow and temperature of the supply of Hot Water Services.

(b)

any such Disconnection, interruption or reduction in the supply of the Utility Services or where an Electricity Retailer

For the avoidance of doubt, unless expressly specified, no exclusion, limitation or release of liability in this Agreement shall

be construed as qualifying or limiting a broader or more general exclusion, limitation or release of liability in this Agreement.

The Utility Charges in your bill: (a)

(b)

(c)

(d)

in the case of Hot Water Services only – will be based on the amount of hot water consumed at the Premises in that billing period; and

(e)

otherwise, will be based on your consumption of the Utility Services.

(a)

providing you with equivalent goods or services to the value or quality of those goods or services to which that breach relates; or

(b)

paying you the cost of acquiring goods or services which are equivalent to the goods or services to which that breach relates,

unless it would not be fair or reasonable for us to rely on this limitation.

updates about our pricing, fees and other charges on our Website.

(b)

towards payment of any amounts owing on the then-oldest overdue bill, even if you intended the payment for a different bill under this Agreement; or

(c)

this cost if the meter reading or meter data proves to be faulty or incorrect.

If you dispute your bill in relation to a Utility Service, while your bill is being reviewed, you will need to pay: (a)

any amount we ask you to (in accordance with the Energy Laws, the Australian Consumer Law or any other applicable law as relevant) for the relevant bill in relation to that Utility Service;

(b)

all amounts on the relevant bill in relation to any other Utility Services; and

(c)

To the extent permitted by law, any variation in the Utility Charges may reflect: (a)

(b)

Direct Debit

The direct debit terms and conditions are as follows: (a)

(b)

You authorise us to verify the details of your nominated bank account with your financial institution to ensure they are correct.

(c)

You agree that automatic payments will be deducted for the amount on the bill issued including any overdue amounts.

(d)

The funds will be debited on the date your bill becomes due.

(e)

(f)

Life support customers

If you give us notice under clause 13.1, we will comply with any information and notice requirements or other obligations relating to Life Support Equipment under applicable law.

Security Deposits We may require you to provide us with a Security Deposit in a form acceptable to us and for the amount we request:

(a)

in all cases – at the time the Agreement is entered into; and

(b)

if you are an Other Customer – if: (1)

we consider, acting reasonably, that your creditworthiness is unsatisfactory or has materially adversely changed since the date of the Agreement;

(2)

you fail to pay the amounts invoiced to you in a bill by the applicable payby date in full for any 3 bills in a 12 month period or any 2 consecutive bills; or

(3)

the Premises have been Disconnected for a failure to pay under clause 5.1(o).

If a direct debit is refused by your financial institution or otherwise returned not fully paid, you agree that: (1)

we may charge you for any fees we incur if your payment is dishonoured or reversed and our reasonable administrative and processing costs in relation to such payment dishonouring or reversal; and

(2)

if this occurs over two consecutive billing periods, your direct debit arrangement may be cancelled, in which case we will notify you and you must arrange for an alternative payment method.

If you have cancelled the payment request through your bank, you need to notify us and arrange for an alternative payment method.

Other Customer, we may require you to provide top-up security to restore the Security Deposit to the original amount most recently requested under this Agreement within 10 Business Days.

We will refund the balance of the Security Deposit to you on termination of the Agreement once all outstanding amounts due to us have been paid in accordance with any applicable law.

If you are not satisfied with our response in relation to any complaint or dispute you can also contact:

(a)

in the case of Hot Water Services – the relevant Consumer Tribunal; or

(b)

for each other Utility Service – the relevant Energy Ombudsman,

to lodge a complaint or for free independent information and advice.

We may transfer, novate or assign this Agreement or otherwise transfer you as a customer to any other third party with your consent.

(a)

(b)

to us disclosing that information to any Real Utilities Group Member for any reason; and

(c)

on the date it is handed to the party, by leaving it at the Premises or Billing Address (in your case) or at our registered office (in our case); or

(b)

on the date 2 Business Days after it is posted to the Premises or the Billing Address (in your case) or at our registered office (in our case); or

(c)

You hereby consent to us: (a)

(b)

Our contact details for you to contact us or send us a notice are as set out in our bill to you, or as notified to you from time to time.

assessing your application(s) for credit;

(b)

notifying other credit providers of payment defaults;

(c)

exchanging information about your credit status if you are in default with us or another credit provider;

(d)

assessing your credit worthiness at any time during or after the life of your credit arrangement;

(e)

resolving disputes and errors; and

(f)

any other purpose authorised by law.

Notices

made pursuant to clauses 21.2 or 22.5 or as otherwise may be agreed between the parties; and (b)

(a)

the Premises are located within a Residential Building sited in a residential strata scheme; or

(b)

if we agree in writing, the Premises are located adjacent or reasonably proximate to, or otherwise services, a Residential Building sited in a residential strata scheme; or

(c)

if we agree in writing, the Body Corporate operates shared facilities at the Premises or otherwise has the benefit of the Premises,

(b)

subsequently during the term of this Agreement) – if you reasonably believe you are no longer a Small Customer.

Definitions and interpretation The meanings of certain terms used and not otherwise defined elsewhere in these Terms and Conditions are given below:

any law, regulation, rules, code or subcode being introduced, amended or repealed in whole or in part;

(b)

a variation in the interpretation or administration of a Law or regulation by a

governmental agency or body or a court tribunal; or (c)

(b)

(c)

Complaints Policy means the ‘Energy Complaints Policy’ that is applicable to the Real Utilities Group and published on our Website as amended and varied from time to time

New South Wales, the NSW Civil and Administrative Tribunal;

(b)

Victoria, the Victorian Civil and Administrative Tribunal; and

(c)

Queensland, the Queensland Civil and Administrative Tribunal.

Consequential Loss means any:

Electricity Meter means the meter servicing the Premises and measuring the flow of electricity on the Embedded Electricity Network to the Premises.

(a) indirect, special or consequential losses, costs, damages, liabilities or expenses or claims for special or punitive damages;

Electricity Retailer means a person that is authorised to sell electricity to customers under the Energy Laws.

(b) loss of use (including use of plant or facility) or production;

Electricity Services means the sale of electricity to the Premises through the Embedded Electricity Network.

(c) loss of business, contract, commercial opportunity, profit, revenue or any failure to realise any anticipated savings; or

EWON if the Premises are located in New South Wales;

(b)

EWOQ if the Premises are located in Queensland; and

(c)

EWOV if the Premises are located in Victoria.

the local electricity distribution network connected to the Embedded Electricity Network;

(b)

the gas distribution network connected to the Bulk Hot Water System and the Cooker Gas System; and

(c)

the potable water supply system connected to the Bulk Hot Water System.

EWOQ means Energy and Water Ombudsman Queensland, and as at the date these Terms and

(a)

any act, regulation, rule, ordinance, statutory instrument or proclamation of any applicable jurisdiction;

(b)

any applicable law, whether of a legislative, equitable or common law nature; and

(c)

any judgment, decree or similar order with mandatory effect or any binding requirement (including binding guidelines) or mandatory approval of a regulatory authority.

Life Support Equipment means: (a)

an oxygen concentrator;

(b)

an intermittent peritoneal dialysis machine;

(c)

a kidney dialysis machine;

(d)

a chronic positive airways pressure respirator;

(e)

crigler najjar syndrome phototherapy equipment;

(f)

a ventilator for life support; and

(g)

in relation to a particular customer, any other equipment that a registered medical practitioner certifies is required for a person residing at the Premises for life support.

Real Utilities Group means Real Utilities Retailer, Real Utilities Operator and each of their Related Bodies Corporate and Real Utilities Group Member means any member of the Real Utilities Group.

In these Terms and Conditions, headings and boldings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:

Registration Form means: (a)

a paper form entitled ‘Residential Customer Application Form’; or

(b)

an on-line Application Form as accessed from our Website or any other website notified to you from time to time.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

(a)

words importing the singular include the plural and vice versa;

(b)

other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

(c)

an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental Agency;

(d)

a reference to any thing (including, but not limited to, any right) includes a part of that thing;

(e)

a reference to a clause or party is a reference to a clause of, and a party to this Agreement;

(f)

(g)

a reference to a document includes all amendments or supplements to, or replacements or novations of, that document;

(h)

a reference to a party to any document includes that party’s successors and permitted assigns;

(i)

a reference to an agreement other than this Agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;

(j)

if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated without including that day;

(k)

a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(l)

a reference to time is to local time in the State in which the Premises is located;

(m)

a reference to a month is to be interpreted as a calendar month;

(n)

specifying anything in this Agreement after the words ‘including’, ‘includes’ or ‘for example’ or similar expressions does not limit what else is included; and

(o)

no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision.

Residential Customers and Body Corporates Building Schedule 1.

Overview

4. 4.1

Embedded Network Manager

4.2

Embedded Network Manager contact details

1.3 At the Building: 5.1

Nautilus

2.2

Building street address and suburb

[insert]

State

New South Wales

3.1

3.2

Real Utilities Operator

Electricity customer classification

Real Utilities Retailer

□ Business Customer ☒ Small Customer

☒ Yes, for Australian Consumer Law purposes 5.2

Small Business Customer classification

☒ Yes, for the relevant Energy Ombudsman scheme

□ No 6.

Security Deposit details

Security Deposit

□ Yes ☒ No (if no, please skip items 6.2 and 6.3)

6.2

Amount of Security Deposit

N/A

6.3

Form of Security Deposit

N/A

Strata Plan [insert] 7. Real Utilities Shell Cove Pty Limited ACN: 107 355 822

3.3

Email: enm@plusES.com.au

□ Large Customer

6.1

Details of parties relevant to the Agreement Owners Corporation

Telephone: 0457 510 159

(please check all boxes that apply to the customer)

Building

PLUS ES

Classification of customer

Details of Premises

2.1

2.3

Details of Embedded Network Manager

Real Utilities Pty Limited

7.1

Details of your electricity arrangements Local area Registered Network Service Provider

Details of relevant Energy Ombudsman

ACN: 150 290 814 8.1

Endeavour Energy

Relevant Energy Ombudsman

☒ Energy and Water Ombudsman NSW

□ Energy and Water Ombudsman

page 1

Queensland

□ Energy and Water Ombudsman Victoria EWON Telephone: 1800 246 545 Website: www.ewon.com.au EWOQ 8.2

Energy Ombudsman contact details

Telephone: 1800 662 837 Website: www.ewoq.com.au EWOV Telephone: 1800 500 509 Website: www.ewov.com.au

84508494

page 2

Real Utilities - Residential Electricity Plan

Plan ID: REU90386MRE1

Time of Use Saver

Call 1300 16 16 68

No contract term

www.realutilities.com.au

Time of use tariff

Estimated price 1 person

2 to 3 people

4 to 5+ people

LOW 11.0 kWh/day MEDIUM 15.1 kWh/day HIGH 19.7 kWh/day

$1,110 with discounts

Plan features Monthly billing option

$1,110 per year

10 day cooling off period

$1,430 with discounts

No credit card fees

$1,430 per year

$1,770 with discounts $1,770 per year

No exit fees No fees for paper bills Move in fees apply Plan prices are not xed

Estimated prices are based on typical usage in your postcode, with regular usage on weekday afternoons and evenings. Prices are not personal estimates and your household's usage may vary. Prices exclude solar payments, concessions and bonuses.

Plan eligibility

Fees and charges Move-in / new connection fee

$50.00

This plan is only available if: You

Late payment fee

$12.00

are a resident of Shell Cove

Disconnection fee

$41.58

Reconnection fee

$41.58

Direct debit dishonour fee

$2.75

Incentives 100% Carbon Neutral

Pricing All rates are GST inclusive General charges

Daily supply charge

76.74 cents/day

Time of use usage rates

11.84 to 29.11 cents/kWh

Contract details Effective from

10 Jul 2020

Cooling off period

10 business days

Contract expiry

Terminated by you or us in accordance with the Terms and Conditions of the Utility Services Agreement

Distributor

Endeavour

Fees and charges Move-in / new connection fee

$50.00

For a same-business-day connections, let us know before 11am, Monday to Friday, excluding public holidays. Fees apply for same-business-day connections.

Late payment fee

$12.00

$12.00 per bill (GST does not currently apply to late payment fees).

Disconnection fee

$41.58

A fee may apply for disconnecting your property (inc. when you move or reading your meter).

Reconnection fee

$41.58

A fee may apply for reconnecting your property (inc. when you move or reading your meter).

Direct debit dishonour fee

$2.75

$2.75 per dishonour (inc. GST)

Plan eligibility This plan is only available if: You are a resident of Shell Cove You must be a resident of Shell Cove to be eligible for this plan.

Billing and price details Billing period

Every month

Payment options

Direct debit, BPay, Credit card, Paper bill

Prices are not xed

Time of use charges General Usage | 01 Jul - 30 Jun | Mon-Fri Peak 1500 to 2059 29.11 cents/kWh

Shoulder 0700 to 1459 24.40 cents/kWh

Off-Peak 2200 to 0659 11.84 cents/kWh General Usage | 01 Jul - 30 Jun | Weekends Shoulder 0700 to 2159 24.40 cents/kWh

Off-Peak 2200 to 0659 11.84 cents/kWh

Terms and conditions For full terms and conditions, visit our website www.realutilities.com.au

Additional fee information For additional charges that may apply visit our website www.realutilities.com.au

Shoulder 2100 to 2159 24.40 cents/kWh

Contact details

Real Utilities Call 1300 16 16 68 www.realutilities.com.au

Energy Made Easy is an Australian Government website where you can compare energy plans. Visit energymadeeasy.gov.au

Attachment 16 Adaptable and Liveable apartments

Attachment 16

Adaptable Apartments B002 B003 B103 B203 C003 C103

B203

Liveable Apartments B004 B104 B204 C004 C104

C204