Note: This Contract is in draft form and may be amended after the issue date
Purchaser details will be inserted when a contract is prepared for exchange.
This Contract is intended for use as a guide only and is incapable of being entered into. Purchasers should only rely on the form of contract issued prior to exchange
➔Contract for the sale and purchase of land – 2022 edition
TERM
vendor’s agent [insert]
co-agent Nil.
depositholder
vendor’s solicitor
MEANING OF TERM
NSW DAN:
ABN [insert]
Phone [insert]
Fax [insert]
Invest deposit: YES No vendor Australand Residential Edmondson Park Pty Ltd
vendor’s solicitor
date for completion
land (address, plan details and title reference)
Level 2, 1C Homebush Bay Drive, Rhodes NSW 2138
CORRS CHAMBERS WESTGARTH
Level 37, 50 Bridge Street
Sydney NSW 2000
Email tricia.barkarson@corrs.com.au
See clauses 15 and 35
ACN 107 356 650
ABN 68 107 356 650
Phone (02) 9210 6897 Fax (02) 9210 6611
Ref Tricia Barkarson
Address: insert], “[insert]”, Edmondson Park NSW 2174 (see clause 37.20)
Plan: Unregistered plan: Being Lot [insert] in an unregistered community plan (copy attached) of Lot [insert] [preliminary plan 4], being an unregistered lot in an unregistered plan of subdivision of Lot [insert] [preliminary plan 3], being an unregistered lot in an unregistered plan of subdivision of Lot [insert] [preliminary plan 2], being an unregistered lot in an unregistered plan of subdivision of lot 2 in DP1220978 (copy attached).
Title: Part folio identifier: 2/1220978 (copy attached).
improvements VACANT POSSESSION subject to existing tenancies [dwelling] ☐ carspace
attached copies documents in the List of Documents as marked Colour scheme ☐ Urban ☐ Earth (see clause 53) FIRB approval required ☐ Yes ☐ No (see clause 63)
Proposed Use ☐ Personal occupation by purchaser ☐ INVESTMENT FOR RENTAL PURPOSES
Purchaser’s ID
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. inclusions See Schedule of Finishes (some may be fixtures) exclusions Nil
$[insert] deposit $[insert] (10% of the price, unless otherwise stated) balance $[insert] contract date #exchangeDate #exchangeButton (if not stated, the date this contract was made)
guarantor
Name and address: [insert] of [insert]
Name and address: [insert] of [insert]
For signature clauses see signature schedule attached vendor GST witness
The price includes GST (see clause 56)
purchaser JOINT TENANTS tenants in common in unequal shares witness
Choices
Vendor agrees to accept a deposit-bond NO yes proposed electronic transaction (see clause 74)
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 RW payment (residential withholding payment) NO YES (if yes, vendor must provide further details)
If the further details below are not fully completed at the contract date, the vendor will provide the GST Withholding Notice (see clause 56.1(c))
RW Payment (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 vendor is part of a GST group or a participants in a GST joint venture.
Supplier’s name:
Supplier’s ABN:
Supplier’s business address:
Supplier’s email address:
Supplier’s phone number:
Supplier’s proportion of RW payment: $
If more than one supplier, provide the above details for each supplier.
Amount purchaser must pay – price multiplied by the RW 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? NO yes
If “yes”, the GST inclusive market value of the non-monetary consideration: $
Other details (including those required by regulation or the ATO forms:
General property certificate for the land plan of the land
List of Documents
unregistered plan of the land plan of land to be subdivided document that is to be lodged with a relevant plan
section 10.7(2) certificate (Environmental Planning and Assessment Act 1979)
section 10.7(5) information included in that certificate service location diagram (pipes)
sewerage service diagram (property sewerage diagram)
document that created or may have created an easement, profit à prendre, restriction on use or positive covenant disclosed in this contract section 88G certificate (positive covenant) survey report
building certificate given under legislation
insurance certificate (Home Building Act 1989) brochure or warning (Home Building Act 1989) lease (with every relevant memorandum or variation) other document relevant to tenancies old system document
Crown purchase statement of account building management statement form of requisitions
land tax certificate clearance certificate
Home Building Act 1989
insurance certificate brochure or warning evidence of alternative indemnity cover
Swimming Pools Act 1992 certificate of compliance evidence of registration relevant occupation certificate certificate of non-compliance detailed reasons of non-compliance
Strata or community title (see clause 4242)
property certificate for strata common property
plan creating strata common property strata by-laws
strata development contract or statement
strata management statement
strata renewal proposal
strata renewal plan
leasehold strata - lease of lot and common property
property certificate for neighbourhood property
plan creating neighbourhood property
neighbourhood development contract
neighbourhood management statement property certificate for precinct property plan creating precinct property
precinct development contract precinct management statement property certificate for community property
plan creating community property community development contract community management statement document disclosing a change of by-laws document disclosing a change in a development or management contract or statement
document disclosing a change in boundaries
information certificate under Strata Schemes Management Act 2015 information certificate under Community Land Management Act 1989 document relevant to off-the-plan sale other: See list of attachments
IMPORTANT NOTICE TO VENDORS AND PURCHASERS
Before signing this contract you should ensure that you understand your rights and obligations, some of which are not written in this contract but are implied by law.
WARNING—SMOKE ALARMS
The owners of certain types of buildings and strata lots must have smoke alarms, or in certain cases heat alarms, installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.
WARNING—LOOSE-FILL ASBESTOS INSULATION
Before purchasing land that includes residential premises, within the meaning of the Home Building Act 1989, Part 8, Division 1A, built before 1985, a purchaser is strongly advised to consider the possibility that the premises may contain loose-fill asbestos insulation, within the meaning of the Home Building Act 1989, Part 8, Division 1A. In particular, a purchaser should—
(a) search the Register required to be maintained under the Home Building Act 1989, Part 8, Division 1A, and
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(b) ask the relevant local council whether it holds records showing that the residential premises contain loose-fill asbestos insulation.
For further information about loose-fill asbestos insulation, including areas in which residential premises have been identified as containing loose-fill asbestos insulation, contact NSW Fair Trading.
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Cooling off period (purchaser’s rights)
1 This is the statement required by the Conveyancing Act 1919, section 66X. This statement applies to a contract for the sale of residential property.
2 EXCEPT in the circumstances listed in paragraph 3, the purchaser may rescind the contract before 5pm on—
(a) for an off the plan contract the tenth business day after the day on which the contract was made, or
(b) in any other case—the fifth business day after the day on which the contract was made.
3 There is NO COOLING OFF PERIOD—
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(a) if, at or before the time the contract is made, the purchaser gives to the vendor, or the vendor’s solicitor or agent, a certificate that complies with the Act, section 66W, or
(b) if the property is sold by public auction, or
(c) if the contract is made on the same day as the property was offered for sale by public auction but passed in, or (d) if the contract is made in consequence of the exercise of an option to purchase the property, other than an option that is void under the Act, section 66ZG.
4 A purchaser exercising the right to cool off by rescinding the contract forfeits 0.25% of the purchase price of the property to the vendor.
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5 The vendor is entitled to recover the forfeited amount from an amount paid by the purchaser as a deposit under the contract. The purchaser is entitled to a refund of any balance.
DISPUTES
If you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informal procedures such as negotiation, independent expert appraisal, the Law Society Conveyancing Dispute Resolution Scheme or mediation (for example mediation under the Law Society Mediation Program).
AUCTIONS
Regulations made under the Property and Stock Agents Act 2002 prescribe a number of conditions applying to sales by auction.
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WARNINGS
1. Various Acts of Parliament and other matters can affect the rights of the parties to this contract. Some important matters are actions, claims, decisions, licences, notices, orders, proposals or rights of way involving:
APA Group
Australian Taxation Office
Council
County Council
Department of Planning and Environment
Department of Primary Industries
Electricity and gas
Land and Housing Corporation
Local Land Services
NSW Department of Education
NSW Fair Trading
Owner of adjoining land
Privacy
Public Works Advisory
Subsidence Advisory NSW
Telecommunications
Transport for NSW
Water, sewerage or drainage authority
If you think that any of these matters affects the property, tell your solicitor.
2. A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 2010 or the Retail Leases Act 1994.
3. If any purchase money is owing to the Crown, it will become payable before obtaining consent, or if no consent is needed, when the transfer is registered.
4. If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.
5. The vendor should continue the vendor’s insurance until completion. If the vendor wants to give the purchaser possession before completion, the vendor should first ask the insurer to confirm this will not affect the insurance.
6. Most purchasers will have to pay transfer duty (and, sometimes, if the purchaser is not an Australian citizen, surcharge purchaser duty) on this contract. Some purchasers may be eligible to choose to pay first home buyer choice property tax instead of transfer duty. If a payment is not made on time, interest and penalties may be incurred.
7. If the purchaser agrees to the release of deposit, the purchaser’s right to recover the deposit may stand behind the rights of others (for example the vendor’s mortgagee).
8. The purchaser should arrange insurance as appropriate.
9. Some transactions involving personal property may be affected by the Personal Property Securities Act 2009.
10. A purchaser should be satisfied that finance will be available at the time of completing the purchase.
11. Where the market value of the property is at or above a legislated amount, the purchaser may have to comply with a foreign resident capital gains withholding payment obligation (even if the vendor is not a foreign resident). If so, this will affect the amount available to the vendor on completion.
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12. Purchasers of some residential properties may have to withhold part of the purchase price to be credited towards the GST liability of the vendor. If so, this will also affect the amount available to the vendor. More information is available from the ATO.
The vendor sells and the purchaser buys the property for the price under these provisions instead of Schedule 3 Conveyancing Act 1919, subject to any legislation that cannot be excluded.
1 Definitions (a term in italics is a defined term) 1.1 In this contract, these terms (in any form) mean –adjustment date the earlier of the giving of possession to the purchaser or completion; adjustment figures details of the adjustments to be made to the price under clause 14; authorised Subscriber a Subscriber (not being a party’s solicitor) named in a notice served by a party as being authorised for the purposes of clause 20.6.8; bank the Reserve Bank of Australia or an authorised deposit-taking institution which is a bank, a building society or a credit union; business day any day except a bank or public holiday throughout NSW or a Saturday or Sunday; cheque a cheque that is not postdated or stale; clearance certificate a certificate within the meaning of s14-220 of Schedule 1 to the TA Act, that covers one or more days falling within the period from and including the contract date to completion;
completion time the time of day at which completion is to occur; conveyancing rules the rules made under s12E of the Real Property Act 1900; deposit-bond a deposit bond or guarantee with each of the following approved by the vendor –
● the issuer;
● the expiry date (if any); and
● the amount;
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depositholder vendor's agent (or if no vendor's agent is named in this contract, the vendor's solicitor, or if no vendor’s solicitor is named in this contract, the buyer’s agent); discharging mortgagee 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; document of title document relevant to the title or the passing of title; ECNL the Electronic Conveyancing National Law (NSW); electronic document a dealing as defined in the Real Property Act 1900 which may be created and Digitally Signed in an Electronic Workspace; electronic transaction 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; electronic transfer 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;
FRCGW percentage the percentage mentioned in s14-200(3)(a) of Schedule 1 to the TA Act (12.5% as at 1 July 2017);
FRCGW remittance a remittance which the purchaser must make under s14-200 of Schedule 1 to the TA Act, being the lesser of the FRCGW percentage of the price (inclusive of GST, if any) and the amount specified in a variation served by a party; GST Act A New Tax System (Goods and Services Tax) Act 1999; GST rate the rate mentioned in s4 of A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (10% as at 1 July 2000);
GSTRW payment a payment which the purchaser must make under s14-250 of Schedule 1 to the TA Act (the price multiplied by the GSTRW rate);
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GSTRW rate the rate determined under ss14-250(6), (8) or (9) of Schedule 1 to the TA Act (as at 1 July 2018, usually 7% of the price if the margin scheme applies, 1/11th if not); incoming mortgagee 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; legislation an Act or a by-law, ordinance, regulation or rule made under an Act; manual transaction a Conveyancing Transaction in which a dealing forming part of the Lodgment Case at or following completion cannot be Digitally Signed; normally subject to any other provision of this contract; participation rules the participation rules as determined by the ECNL; party each of the vendor and the purchaser; property the land, the improvements, all fixtures and the inclusions, but not the exclusions; planning agreement a valid voluntary agreement within the meaning of s7.4 of the Environmental Planning and Assessment Act 1979 entered into in relation to the property; populate to complete data fields in the Electronic Workspace;
requisition an objection, question or requisition (but the term does not include a claim); rescind rescind this contract from the beginning; serve serve in writing on the other party; settlement cheque an unendorsed cheque made payable to the person to be paid and –
● issued by a bank and drawn on itself; or
● if authorised in writing by the vendor or the vendor's solicitor, some other cheque; solicitor in relation to a party, the party's solicitor or licensed conveyancer named in this contract or in a notice served by the party; TA Act Taxation Administration Act 1953; terminate terminate this contract for breach; title data the details of the title to the property made available to the Electronic Workspace by the Land Registry; variation a variation made under s14-235 of Schedule 1 to the TA Act; within in relation to a period, at any time before or during the period; and work order a valid direction, notice or order that requires work to be done or money to be spent on or in relation to the property or any adjoining footpath or road (but the term does not include a notice under s22E of the Swimming Pools Act 1992 or clause 22 of the Swimming Pools Regulation 2018).
1.2 Words and phrases used in this contract (italicised and in Title Case, such as Conveyancing Transaction, Digitally Signed, Electronic Workspace, ELN, ELNO, Land Registry, Lodgment Case and Subscriber) have the meanings given in the participation rules
2 Deposit and other payments before completion
2.1 The purchaser must pay the deposit to the depositholder as stakeholder.
2.2 Normally, the purchaser must pay the deposit on the making of this contract, and this time is essential.
2.3 If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.
2.4 The purchaser can pay any of the deposit by –
2.4 1 giving cash (up to $2,000) to the depositholder;
2.4 2 unconditionally giving a cheque to the depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder; or
2.4.3 electronic funds transfer to the depositholder’s nominated account and, if requested by the vendor or the depositholder, providing evidence of that transfer.
2.5 The vendor can terminate if –
EDMONDSON PARK NSW 2174
2.5.1 any of the deposit is not paid on time;
2.5.2 a cheque for any of the deposit is not honoured on presentation; or
2.5.3 a payment under clause 2.4.3 is not received in the depositholder’s nominated account by 5.00 pm on the third business day after the time for payment. This right to terminate is lost as soon as the deposit is paid in full.
2.6 If the vendor accepts a deposit-bond for the deposit, clauses 2.1 to 2.5 do not apply.
2.7 If the vendor accepts a deposit-bond for part of the deposit, clauses 2.1 to 2.5 apply only to the balance.
2.8 If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendor directs, it is a charge on the land in favour of the purchaser until termination by the vendor or completion, subject to any existing right.
2.9 If each party tells the depositholder that the deposit is to be invested, the depositholder is to invest the deposit (at the risk of the party who becomes entitled to it) with a bank, in an interest-bearing account in NSW, payable at call, with interest to be reinvested, and pay the interest to the parties equally, after deduction of all proper government taxes and financial institution charges and other charges.
3 Deposit-bond
3.1 This clause applies only if the vendor accepts a deposit-bond for the deposit (or part of it).
3.2 The purchaser must provide the deposit-bond to the vendor’s solicitor (or if no solicitor the depositholder) at or before the making of this contract and this time is essential.
3.3 If the deposit-bond has an expiry date and completion does not occur by the date which is 14 days before the expiry date, the purchaser must serve a replacement deposit-bond at least 7 days before the expiry date. The time for service is essential.
3.4 The vendor must approve a replacement deposit-bond if –
3.4.1 it is from the same issuer and for the same amount as the earlier deposit-bond; and
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3.4.2 it has an expiry date at least three months after its date of issue.
3.5 A breach of clauses 3.2 or 3.3 entitles the vendor to terminate. The right to terminate is lost as soon as –
3.5.1 the purchaser serves a replacement deposit-bond; or
3.5.2 the deposit is paid in full under clause 2.
3.6 Clauses 3.3 and 3.4 can operate more than once.
3.7 If the purchaser serves a replacement deposit-bond, the vendor must serve the earlier deposit-bond
3.8 The amount of any deposit-bond does not form part of the price for the purposes of clause 16.5
3.9 The vendor must give the purchaser any original deposit-bond –
3.9.1 on completion; or
3.9.2 if this contract is rescinded
3.10 If this contract is terminated by the vendor –
3.10.1 normally, the vendor can immediately demand payment from the issuer of the deposit-bond; or 3.10.2 if the purchaser serves prior to termination a notice disputing the vendor’s right to terminate, the vendor must forward any original deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.
3.11 If this contract is terminated by the purchaser –
3.11.1 normally, the vendor must give the purchaser any original deposit-bond; or 3.11.2 if the vendor serves prior to termination a notice disputing the purchaser’s right to terminate, the vendor must forward any original deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.
4 Electronic transaction
4.1 This Conveyancing Transaction is to be conducted as an electronic transaction unless –4.1.1 the contract says this transaction is a manual transaction, giving the reason, or 4.1.2 a party serves a notice stating why the transaction is a manual transaction, in which case the parties do not have to complete earlier than 14 days after service of the notice, and clause 21.3 does not apply to this provision, and in both cases clause 30 applies.
4.2 If, because of clause 4.1.2, this Conveyancing Transaction is to be conducted as a manual transaction –4.2.1 each party must –● bear equally any disbursements or fees; and ● otherwise bear that party’s own costs; incurred because this Conveyancing Transaction was to be conducted as an electronic transaction; and 4 2.2 if a party has paid all of a disbursement or fee which, by reason of this clause, is to be borne equally by the parties, that amount must be adjusted under clause 14.
4.3 The parties must conduct the electronic transaction –
4.3.1 in accordance with the participation rules and the ECNL; and 4.3.2 using the nominated ELN, unless the parties otherwise agree. This clause 4.3.2 does not prevent a party using an ELN which can interoperate with the nominated ELN
4.4 A party must pay the fees and charges payable by that party to the ELNO and the Land Registry
4.5 Normally, the vendor must within 7 days of the contract date create and populate an Electronic Workspace with title data and the date for completion, and invite the purchaser to the Electronic Workspace
4.6 If the vendor has not created an Electronic Workspace in accordance with clause 4.5, the purchaser may create and populate an Electronic Workspace and, if it does so, the purchaser must invite the vendor to the Electronic Workspace.
4.7 The parties must, as applicable to their role in the Conveyancing Transaction and the steps taken under clauses 4.5 or 4.6 –
4.7.1 promptly join the Electronic Workspace after receipt of an invitation;
4.7.2 create and populate an electronic transfer;
4.7.3 invite any discharging mortgagee or incoming mortgagee to join the Electronic Workspace; and 4.7.4 populate the Electronic Workspace with a nominated completion time
4.8 If the transferee in the electronic transfer is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for that transfer.
4.9 The vendor can require the purchaser to include a covenant or easement in the electronic transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land burdened and benefited.
4.10 If the purchaser must make a GSTRW payment or an FRCGW remittance, the purchaser must populate the Electronic Workspace with the payment details for the GSTRW payment or FRCGW remittance payable to the Deputy Commissioner of Taxation at least 2 business days before the date for completion.
4.11 Before completion, the parties must ensure that –
4.11.1 all electronic documents which a party must Digitally Sign to complete the electronic transaction are populated and Digitally Signed;
4.11.2 all certifications required by the ECNL are properly given; and
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4.11.3 they do everything else in the Electronic Workspace which that party must do to enable the electronic transaction to proceed to completion.
4.12 If the computer systems of any of the Land Registry, the ELNO, Revenue NSW or the Reserve Bank of Australia are inoperative for any reason at the completion time agreed by the parties, a failure to complete this contract for that reason is not a default under this contract on the part of either party
4.13 If the computer systems of the Land Registry are inoperative for any reason at the completion time agreed by the parties, and the parties choose that financial settlement is to occur despite this, then on financial settlement occurring –
4.13.1 all electronic documents Digitally Signed by the vendor and any discharge of mortgage, withdrawal of caveat or other electronic document forming part of the Lodgment Case for the electronic transaction are 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; and
4 13.2 the vendor is taken to have no legal or equitable interest in the property
4.14 If the parties do not agree about the delivery before completion of one or more documents or things that cannot be delivered through the Electronic Workspace, the party required to deliver the documents or things –
4.14.1 holds them on completion in escrow for the benefit of; and
4.14.2 must immediately after completion deliver the documents or things to, or as directed by; the party entitled to them.
5 Requisitions
5.1 If a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitions
5.2 If the purchaser is or becomes entitled to make any other requisition, the purchaser can make it only by serving it –
5.2.1 if it arises out of this contract or it is a general question about the property or title - within 21 days after the contract date;
5.2.2 if it arises out of anything served by the vendor - within 21 days after the later of the contract date and that service; and
5.2.3 in any other case - within a reasonable time.
6 Error or misdescription
6.1 Normally, the purchaser can (but only before completion) claim compensation for an error or misdescription in this contract (as to the property, the title or anything else and whether substantial or not).
6.2 This clause applies even if the purchaser did not take notice of or rely on anything in this contract containing or giving rise to the error or misdescription.
6.3 However, this clause does not apply to the extent the purchaser knows the true position.
7 Claims by purchaser
Normally, the purchaser can make a claim (including a claim under clause 6) before completion only by serving it with a statement of the amount claimed, and if the purchaser makes one or more claims before completion –
7.1 the vendor can rescind if in the case of claims that are not claims for delay –
7.1.1 the total amount claimed exceeds 5% of the price;
7.1.2 the vendor serves notice of intention to rescind; and
7.1.3 the purchaser does not serve notice waiving the claims within 14 days after that service; and
7.2 if the vendor does not rescind, the parties must complete and if this contract is completed –
7.2.1 the lesser of the total amount claimed and 10% of the price must be paid out of the price to and held by the depositholder until the claims are finalised or lapse;
7.2.2 the amount held is to be invested in accordance with clause 2.9;
7.2.3 the claims must be finalised by an arbitrator appointed by the parties or, if an appointment is not made within 1 month of completion, by an arbitrator appointed by the President of the Law Society at the request of a party (in the latter case the parties are bound by the terms of the Conveyancing Arbitration Rules approved by the Law Society as at the date of the appointment);
7.2.4 the purchaser is not entitled, in respect of the claims, to more than the total amount claimed and the costs of the purchaser;
7.2.5 net interest on the amount held must be paid to the parties in the same proportion as the amount held is paid; and
7.2.6 if the parties do not appoint an arbitrator and neither party requests the President to appoint an arbitrator within 3 months after completion, the claims lapse and the amount belongs to the vendor.
8 Vendor's rights and obligations
8.1 The vendor can rescind if –
8.1.1 the vendor is, on reasonable grounds, unable or unwilling to comply with a requisition;
8.1.2 the vendor serves a notice of intention to rescind that specifies the requisition and those grounds; and
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8.1.3 the purchaser does not serve a notice waiving the requisition within 14 days after that service
8.2 If the vendor does not comply with this contract (or a notice under or relating to it) in an essential respect, the purchaser can terminate by serving a notice. After the termination –
8.2.1 the purchaser can recover the deposit and any other money paid by the purchaser under this contract;
8.2.2 the purchaser can sue the vendor to recover damages for breach of contract; and
8.2.3 if the purchaser has been in possession a party can claim for a reasonable adjustment.
9 Purchaser's default
If the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor can terminate by serving a notice. After the termination the vendor can –
9.1 keep or recover the deposit (to a maximum of 10% of the price);
9.2 hold any other money paid by the purchaser under this contract as security for anything recoverable under this clause –
9.2.1 for 12 months after the termination; or
9.2.2 if the vendor commences proceedings under this clause within 12 months, until those proceedings are concluded; and
9.3 sue the purchaser either –
9.3.1 where the vendor has resold the property under a contract made within 12 months after the termination, to recover –
● the deficiency on resale (with credit for any of the deposit kept or recovered and after allowance for any capital gains tax or goods and services tax payable on anything recovered under this clause); and
● the reasonable costs and expenses arising out of the purchaser's non-compliance with this contract or the notice and of resale and any attempted resale; or
9.3.2 to recover damages for breach of contract.
10 Restrictions on rights of purchaser
10.1 The purchaser cannot make a claim or requisition or rescind or terminate in respect of –
10.1.1 the ownership or location of any fence as defined in the Dividing Fences Act 1991;
10.1.2 a service for the property being a joint service or passing through another property, or any service for another property passing through the property (‘service’ includes air, communication, drainage, electricity, garbage, gas, oil, radio, sewerage, telephone, television or water service);
10.1.3 a wall being or not being a party wall in any sense of that term or the property being affected by an easement for support or not having the benefit of an easement for support;
10.1.4 any change in the property due to fair wear and tear before completion;
10.1.5 a promise, representation or statement about this contract, the property or the title, not set out or referred to in this contract;
10.1.6 a condition, exception, reservation or restriction in a Crown grant;
10.1.7 the existence of any authority or licence to explore or prospect for gas, minerals or petroleum;
10.1.8 any easement or restriction on use the substance of either of which is disclosed in this contract or any non-compliance with the easement or restriction on use; or
10.1.9 anything the substance of which is disclosed in this contract (except a caveat, charge, mortgage, priority notice or writ).
10.2 The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions.
10.3 Normally, the purchaser cannot make a claim or requisition or rescind or terminate or require the vendor to change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualified title, or to lodge a plan of survey as regards limited title).
11 Compliance with work orders
11.1 Normally, the vendor must by completion comply with a work order made on or before the contract date and if this contract is completed the purchaser must comply with any other work order
11.2 If the purchaser complies with a work order, and this contract is rescinded or terminated, the vendor must pay the expense of compliance to the purchaser.
12 Certificates and inspections
The vendor must do everything reasonable to enable the purchaser, subject to the rights of any tenant –
12.1 to have the property inspected to obtain any certificate or report reasonably required;
12.2 to apply (if necessary in the name of the vendor) for –
12.2.1 any certificate that can be given in respect of the property under legislation; or
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12.2.2 a copy of any approval, certificate, consent, direction, notice or order in respect of the property given under legislation, even if given after the contract date; and
12.3 to make 1 inspection of the property in the 3 days before a time appointed for completion.
13 Goods and services tax (GST)
13.1 Terms used in this clause which are not defined elsewhere in this contract and have a defined meaning in the GST Act have the same meaning in this clause.
13.2 Normally, if a party must pay the price or any other amount to the other party under this contract, GST is not to be added to the price or amount.
13.3 If under this contract a party must make an adjustment or payment for an expense of another party or pay an expense payable by or to a third party (for example, under clauses 14 or 20.7) –
13.3.1 the party must adjust or pay on completion any GST added to or included in the expense; but
13.3.2 the amount of the expense must be reduced to the extent the party receiving the adjustment or payment (or the representative member of a GST group of which that party is a member) is entitled to an input tax credit for the expense; and
13.3.3 if the adjustment or payment under this contract is consideration for a taxable supply, an amount for GST must be added at the GST rate.
13.4 If this contract says this sale is the supply of a going concern –
13.4.1 the parties agree the supply of the property is a supply of a going concern;
13.4.2 the vendor must, between the contract date and completion, carry on the enterprise conducted on the land in a proper and business-like way;
13.4.3 if the purchaser is not registered by the date for completion, the parties must complete and the purchaser must pay on completion, in addition to the price, an amount being the price multiplied by the GST rate ("the retention sum"). The retention sum is to be held by the depositholder and dealt with as follows –
● if within 3 months of completion the purchaser serves a letter from the Australian Taxation Office stating the purchaser is registered with a date of effect of registration on or before completion, the depositholder is to pay the retention sum to the purchaser; but
● if the purchaser does not serve that letter within 3 months of completion, the depositholder is to pay the retention sum to the vendor; and
13.4.4 if the vendor, despite clause 13.4.1, serves a letter from the Australian Taxation Office stating the vendor has to pay GST on the supply, the purchaser must pay to the vendor on demand the amount of GST assessed.
13.5 Normally, the vendor promises the margin scheme will not apply to the supply of the property
13.6 If this contract says the margin scheme is to apply in making the taxable supply, the parties agree that the margin scheme is to apply to the sale of the property
13.7 If this contract says the sale is not a taxable supply –
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13.7.1 the purchaser promises that the property will not be used and represents that the purchaser does not intend the property (or any part of the property) to be used in a way that could make the sale a taxable supply to any extent; and
13.7.2 the purchaser must pay the vendor on completion in addition to the price an amount calculated by multiplying the price by the GST rate if this sale is a taxable supply to any extent because of –
● a breach of clause 13.7.1; or
● something else known to the purchaser but not the vendor.
13.8 If this contract says this sale is a taxable supply in full and does not say the margin scheme applies to the property, the vendor must pay the purchaser on completion an amount of one-eleventh of the price if –
13.8.1 this sale is not a taxable supply in full; or
13.8.2 the margin scheme applies to the property (or any part of the property).
13.9 If this contract says this sale is a taxable supply to an extent –
13.9.1 clause 13.7.1 does not apply to any part of the property which is identified as being a taxable supply; and
13.9.2 the payments mentioned in clauses 13.7 and 13.8 are to be recalculated by multiplying the relevant payment by the proportion of the price which represents the value of that part of the property to which the clause applies (the proportion to be expressed as a number between 0 and 1). Any evidence of value must be obtained at the expense of the vendor.
13.10 Normally, on completion the vendor must give the recipient of the supply a tax invoice for any taxable supply by the vendor by or under this contract.
13.11 The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxable supply.
13.12 If the vendor is liable for GST on rents or profits due to issuing an invoice or receiving consideration before completion, any adjustment of those amounts must exclude an amount equal to the vendor’s GST liability.
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13.13 If the vendor serves details of a GSTRW payment which the purchaser must make, the purchaser does not have to complete earlier than 5 business days after that service and clause 21.3 does not apply to this provision.
13.14 If the purchaser must make a GSTRW payment the purchaser must, at least 2 business days before the date for completion, serve evidence of submission of a GSTRW payment notification form to the Australian Taxation Office by the purchaser or, if a direction under either clause 4.8 or clause 30.4 has been given, by the transferee named in the transfer the subject of that direction.
14 Adjustments
14.1 Normally, the vendor is entitled to the rents and profits and will be liable for all rates, water, sewerage and drainage service and usage charges, land tax, levies and all other periodic outgoings up to and including the adjustment date after which the purchaser will be entitled and liable.
14.2 The parties must make any necessary adjustment on completion, and –
14.2.1 the purchaser must provide the vendor with adjustment figures at least 2 business days before the date for completion; and
14 2.2 the vendor must confirm the adjustment figures at least 1 business day before the date for completion
14.3 If an amount that is adjustable under this contract has been reduced under legislation, the parties must on completion adjust the reduced amount.
14.4 The parties must not adjust surcharge land tax (as defined in the Land Tax Act 1956) but must adjust any other land tax for the year current at the adjustment date –
14.4.1 only if land tax has been paid or is payable for the year (whether by the vendor or by a predecessor in title) and this contract says that land tax is adjustable;
14.4.2 by adjusting the amount that would have been payable if at the start of the year –
● the person who owned the land owned no other land;
● the land was not subject to a special trust or owned by a non-concessional company; and
● if the land (or part of it) had no separate taxable value, by calculating its separate taxable value on a proportional area basis.
14.5 The parties must not adjust any first home buyer choice property tax
14.6 If any other amount that is adjustable under this contract relates partly to the land and partly to other land, the parties must adjust it on a proportional area basis.
14.7 If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before the adjustment date, the vendor is liable for an amount calculated by dividing the bill by the number of days in the period then multiplying by the number of unbilled days up to and including the adjustment date.
14.8 The vendor is liable for any amount recoverable for work started on or before the contract date on the property or any adjoining footpath or road.
15 Date for completion
The parties must complete by the date for completion and, if they do not, a party can serve a notice to complete if that party is otherwise entitled to do so.
16 Completion
● Vendor
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16.1 Normally, on completion the vendor must cause the legal title to the property (being the estate disclosed in this contract) to pass to the purchaser free of any charge, mortgage or other interest, subject to any necessary registration.
16.2 The legal title to the property does not pass before completion.
16.3 If the vendor gives the purchaser a document (other than the transfer) that needs to be lodged for registration, the vendor must pay the lodgment fee to the purchaser.
16.4 If a party serves a land tax certificate showing a charge on any of the land, by completion the vendor must do all things and pay all money required so that the charge is no longer effective against the land.
● Purchaser
16.5 On completion the purchaser must pay to the vendor –
16.5.1 the price less any –
● deposit paid;
● FRCGW remittance payable;
● GSTRW payment; and
● amount payable by the vendor to the purchaser under this contract; and 16.5.2 any other amount payable by the purchaser under this contract.
16.6 If any of the deposit is not covered by a deposit-bond, at least 1 business day before the date for completion the purchaser must give the vendor an order signed by the purchaser authorising the depositholder to account to the vendor for the deposit, to be held by the vendor in escrow until completion
16.7 On completion the deposit belongs to the vendor.
17 Possession
17.1 Normally, the vendor must give the purchaser vacant possession of the property on completion.
17.2 The vendor does not have to give vacant possession if –
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17.2.1 this contract says that the sale is subject to existing tenancies; and 17.2.2 the contract discloses the provisions of the tenancy (for example, by attaching a copy of the lease and any relevant memorandum or variation).
17.3 Normally, the purchaser can claim compensation (before or after completion) or rescind if any of the land is affected by a protected tenancy (a tenancy affected by Schedule 2, Part 7 of the Residential Tenancies Act 2010).
18 Possession before completion
18.1 This clause applies only if the vendor gives the purchaser possession of the property before completion. 18.2 The purchaser must not before completion –
18.2.1 let or part with possession of any of the property;
18.2.2 make any change or structural alteration or addition to the property; or
18.2.3 contravene any agreement between the parties or any direction, document, legislation, notice or order affecting the property
18.3 The purchaser must until completion –
18.3.1 keep the property in good condition and repair having regard to its condition at the giving of possession; and
18.3.2 allow the vendor or the vendor's authorised representative to enter and inspect it at all reasonable times.
18.4 The risk as to damage to the property passes to the purchaser immediately after the purchaser enters into possession.
18.5 If the purchaser does not comply with this clause, then without affecting any other right of the vendor –18.5.1 the vendor can before completion, without notice, remedy the non-compliance; and 18.5.2 if the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interest at the rate prescribed under s101 Civil Procedure Act 2005
18.6 If this contract is rescinded or terminated the purchaser must immediately vacate the property
18.7 If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.
19 Rescission of contract
19.1 If this contract expressly gives a party a right to rescind, the party can exercise the right –19.1.1 only by serving a notice before completion; and 19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any arbitration, litigation, mediation or negotiation or any giving or taking of possession.
19.2 Normally, if a party exercises a right to rescind expressly given by this contract or any legislation –19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded; 19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession; 19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and 19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.
20 Miscellaneous
20.1 The parties acknowledge that anything stated in this contract to be attached was attached to this contract by the vendor before the purchaser signed it and is part of this contract.
20.2 Anything attached to this contract is part of this contract.
20.3 An area, bearing or dimension in this contract is only approximate.
20.4 If a party consists of 2 or more persons, this contract benefits and binds them separately and together.
20.5 A party's solicitor can receive any amount payable to the party under this contract or direct in writing that it is to be paid to another person.
20.6 A document under or relating to this contract is –
20.6.1 signed by a party if it is signed by the party or the party's solicitor (apart from a direction under clause 4.8 or clause 30.4);
20.6.2 served if it is served by the party or the party's solicitor;
20.6.3 served if it is served on the party's solicitor, even if the party has died or any of them has died;
20.6.4 served if it is served in any manner provided in s170 of the Conveyancing Act 1919;
20.6.5 served if it is sent by email or fax to the party's solicitor, unless in either case it is not received;
20.6.6 served on a person if it (or a copy of it) comes into the possession of the person;
20.6.7 served at the earliest time it is served, if it is served more than once; and
20.6.8 served if it is provided to or by the party’s solicitor or an authorised Subscriber by means of an Electronic Workspace created under clause 4. However, this does not apply to a notice making an obligation essential, or a notice of rescission or termination
20.7 An obligation to pay an expense of another party of doing something is an obligation to pay –
20.7.1 if the party does the thing personally - the reasonable cost of getting someone else to do it; or 20.7.2 if the party pays someone else to do the thing - the amount paid, to the extent it is reasonable.
20.8 Rights under clauses 4, 11, 13, 14, 17, 24, 30 and 31 continue after completion, whether or not other rights continue.
20.9 The vendor does not promise, represent or state that the purchaser has any cooling off rights.
20.10 The vendor does not promise, represent or state that any attached survey report is accurate or current.
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20.11 A reference to any legislation (including any percentage or rate specified in legislation) is also a reference to any corresponding later legislation
20.12 Each party must do whatever is necessary after completion to carry out the party's obligations under this contract.
20.13 Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title.
20.14 The details and information provided in this contract (for example, on pages 1 - 4) are, to the extent of each party's knowledge, true, and are part of this contract.
20.15 Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.
20.16 Each party consents to –
20.16.1 any party signing this contract electronically; and 20.16.2 the making of this contract by the exchange of counterparts delivered by email, or by such other electronic means as may be agreed in writing by the parties
20.17 Each party agrees that electronic signing by a party identifies that party and indicates that party's intention to be bound by this contract.
21 Time limits in these provisions
21.1 If the time for something to be done or to happen is not stated in these provisions, it is a reasonable time.
21.2 If there are conflicting times for something to be done or to happen, the latest of those times applies.
21.3 The time for one thing to be done or to happen does not extend the time for another thing to be done or to happen.
21.4 If the time for something to be done or to happen is the 29th, 30th or 31st day of a month, and the day does not exist, the time is instead the last day of the month.
21.5 If the time for something to be done or to happen is a day that is not a business day, the time is extended to the next business day, except in the case of clauses 2 and 3.2.
21.6 Normally, the time by which something must be done is fixed but not essential.
22 Foreign Acquisitions and Takeovers Act 1975
22.1 The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the transfer under the Foreign Acquisitions and Takeovers Act 1975
22.2 This promise is essential and a breach of it entitles the vendor to terminate
23 Strata or community title
● Definitions and modifications
23.1 This clause applies only if the land (or part of it) is a lot in a strata, neighbourhood, precinct or community scheme (or on completion is to be a lot in a scheme of that kind).
23.2 In this contract –
23.2.1 'change', in relation to a scheme, means –
● a registered or registrable change from by-laws set out in this contract;
● a change from a development or management contract or statement set out in this contract; or
● a change in the boundaries of common property;
23.2.2 'common property' includes association property for the scheme or any higher scheme;
23.2.3 'contribution' includes an amount payable under a by-law;
23.2.4 ‘information certificate’ includes a certificate under s184 Strata Schemes Management Act 2015 and s171 Community Land Management Act 2021;
23.2.5 ‘interest notice’ includes a strata interest notice under s22 Strata Schemes Management Act 2015 and an association interest notice under s20 Community Land Management Act 2021;
23.2.6 ‘normal expenses', in relation to an owners corporation for a scheme, means normal operating expenses usually payable from the administrative fund of an owners corporation for a scheme of the same kind;
23.2.7 ‘owners corporation' means the owners corporation or the association for the scheme or any higher scheme;
23.2.8 ‘the property' includes any interest in common property for the scheme associated with the lot; and
23.2.9 ‘special expenses', in relation to an owners corporation, means its actual, contingent or expected expenses, except to the extent they are –
● normal expenses;
● due to fair wear and tear;
● disclosed in this contract; or
● covered by moneys held in the capital works fund.
23.3 Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable by it.
23.4 Clauses 14.4.2 and 14.6 apply but on a unit entitlement basis instead of an area basis.
● Adjustments and liability for expenses
23.5 The parties must adjust under clause 14.1 –
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23.5.1 a regular periodic contribution;
23.5.2 a contribution which is not a regular periodic contribution but is disclosed in this contract; and 23.5.3 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.
23.6 If a contribution is not a regular periodic contribution and is not disclosed in this contract –
23.6.1 the vendor is liable for it if it was determined on or before the contract date, even if it is payable by instalments; and
23.6.2 the purchaser is liable for all contributions determined after the contract date.
23.7 The vendor must pay or allow to the purchaser on completion the amount of any unpaid contributions for which the vendor is liable under clause 23.6.1.
23.8 Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of –
23.8.1 an existing or future actual, contingent or expected expense of the owners corporation;
23.8.2 a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under clause 6; or
23.8.3 a past or future change in the scheme or a higher scheme.
23.9 However, the purchaser can rescind if –
23.9.1 the special expenses of the owners corporation at the later of the contract date and the creation of the owners corporation when calculated on a unit entitlement basis (and, if more than one lot or a higher scheme is involved, added together), less any contribution paid by the vendor, are more than 1% of the price;
23.9.2 in the case of the lot or a relevant lot or former lot in a higher scheme, a proportional unit entitlement for the lot is disclosed in this contract but the lot has a different proportional unit entitlement at the contract date or at any time before completion;
23.9.3 a change before the contract date or before completion in the scheme or a higher scheme materially prejudices the purchaser and is not disclosed in this contract; or
23.9.4 a resolution is passed by the owners corporation before the contract date or before completion to give to the owners in the scheme for their consideration a strata renewal plan that has not lapsed at the contract date and there is not attached to this contract a strata renewal proposal or the strata renewal plan.
● Notices, certificates and inspections
23.10 Before completion, the purchaser must serve a copy of an interest notice addressed to the owners corporation and signed by the purchaser.
23.11 After completion, the purchaser must insert the date of completion in the interest notice and send it to the owners corporation
23.12 The vendor can complete and send the interest notice as agent for the purchaser
23.13 The vendor must serve at least 7 days before the date for completion, an information certificate for the lot, the scheme or any higher scheme which relates to a period in which the date for completion falls.
23.14 The purchaser does not have to complete earlier than 7 days after service of the information certificate and clause 21.3 does not apply to this provision. On completion the purchaser must pay the vendor the prescribed fee for the information certificate.
23.15 The vendor authorises the purchaser to apply for the purchaser's own information certificate.
23.16 The vendor authorises the purchaser to apply for and make an inspection of any record or other document in the custody or control of the owners corporation or relating to the scheme or any higher scheme.
● Meetings of the owners corporation
23.17 If a general meeting of the owners corporation is convened before completion –23.17.1 if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and 23.17.2 after the expiry of any cooling off period, the purchaser can require the vendor to appoint the purchaser (or the purchaser's nominee) to exercise any voting rights of the vendor in respect of the lot at the meeting.
24 Tenancies
24.1 If a tenant has not made a payment for a period preceding or current at the adjustment date –24.1.1 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and 24.1.2 the purchaser assigns the debt to the vendor on completion and will if required give a further assignment at the vendor's expense.
24.2 If a tenant has paid in advance of the adjustment date any periodic payment in addition to rent, it must be adjusted as if it were rent for the period to which it relates.
24.3 If the property is to be subject to a tenancy on completion or is subject to a tenancy on completion –
24.3.1 the vendor authorises the purchaser to have any accounting records relating to the tenancy inspected and audited and to have any other document relating to the tenancy inspected;
24.3.2 the vendor must serve any information about the tenancy reasonably requested by the purchaser before or after completion; and
24.3.3 normally, the purchaser can claim compensation (before or after completion) if –
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● a disclosure statement required by the Retail Leases Act 1994 was not given when required;
● such a statement contained information that was materially false or misleading;
● a provision of the lease is not enforceable because of a non-disclosure in such a statement; or
● the lease was entered into in contravention of the Retail Leases Act 1994
24.4 If the property is subject to a tenancy on completion –
24.4.1 the vendor must allow or transfer –
● any remaining bond money or any other security against the tenant's default (to the extent the security is transferable);
● any money in a fund established under the lease for a purpose and compensation for any money in the fund or interest earnt by the fund that has been applied for any other purpose; and
● any money paid by the tenant for a purpose that has not been applied for that purpose and compensation for any of the money that has been applied for any other purpose;
24.4.2 if the security is not transferable, each party must do everything reasonable to cause a replacement security to issue for the benefit of the purchaser and the vendor must hold the original security on trust for the benefit of the purchaser until the replacement security issues;
24.4.3 the vendor must give to the purchaser –
● at least 2 business days before the date for completion, a proper notice of the transfer (an attornment notice) addressed to the tenant, to be held by the purchaser in escrow until completion;
● any certificate given under the Retail Leases Act 1994 in relation to the tenancy;
● a copy of any disclosure statement given under the Retail Leases Act 1994;
● a copy of any document served on the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion; and
● any document served by the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion;
24.4.4 the vendor must comply with any obligation to the tenant under the lease, to the extent it is to be complied with by completion; and
24.4.5 the purchaser must comply with any obligation to the tenant under the lease, to the extent that the obligation is disclosed in this contract and is to be complied with after completion.
25 Qualified title, limited title and old system title
25.1 This clause applies only if the land (or part of it) –
25.1.1 is under qualified, limited or old system title; or
25.1.2 on completion is to be under one of those titles.
25.2 The vendor must serve a proper abstract of title within 7 days after the contract date.
25.3 If an abstract of title or part of an abstract of title is attached to this contract or has been lent by the vendor to the purchaser before the contract date, the abstract or part is served on the contract date.
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25.4 An abstract of title can be or include a list of documents, events and facts arranged (apart from a will or codicil) in date order, if the list in respect of each document –
25.4.1 shows its date, general nature, names of parties and any registration number; and
25.4.2 has attached a legible photocopy of it or of an official or registration copy of it.
25.5 An abstract of title –
25.5.1 must start with a good root of title (if the good root of title must be at least 30 years old, this means 30 years old at the contract date);
25.5.2 in the case of a leasehold interest, must include an abstract of the lease and any higher lease;
25.5.3 normally, need not include a Crown grant; and
25.5.4 need not include anything evidenced by the Register kept under the Real Property Act 1900
25.6 In the case of land under old system title –
25.6.1 in this contract 'transfer' means conveyance;
25.6.2 the purchaser does not have to serve the transfer until after the vendor has served a proper abstract of title; and
25.6.3 each vendor must give proper covenants for title as regards that vendor's interest.
25.7 In the case of land under limited title but not under qualified title –
25.7.1 normally, the abstract of title need not include any document which does not show the location, area or dimensions of the land (for example, by including a metes and bounds description or a plan of the land);
25.7.2 clause 25.7.1 does not apply to a document which is the good root of title; and
25.7.3 the vendor does not have to provide an abstract if this contract contains a delimitation plan (whether in registrable form or not).
25.8 On completion the vendor must give the purchaser any document of title that relates only to the property
25.9 If on completion the vendor has possession or control of a document of title that relates also to other property, the vendor must produce it as and where necessary.
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25.10 The vendor must give a proper covenant to produce where relevant.
25.11 The vendor does not have to produce or covenant to produce a document that is not in the possession of the vendor or a mortgagee.
25.12 If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy from the Land Registry of the registration copy of that document.
26 Crown purchase money
26.1 This clause applies only if purchase money is payable to the Crown, whether or not due for payment.
26.2 The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it.
26.3 To the extent the vendor is liable for it, the vendor is liable for any interest until completion.
26.4 To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.
27 Consent to transfer
27.1 This clause applies only if the land (or part of it) cannot be transferred without consent under legislation or a planning agreement.
27.2 The purchaser must properly complete and then serve the purchaser's part of an application for consent to transfer of the land (or part of it) within 7 days after the contract date.
27.3 The vendor must apply for consent within 7 days after service of the purchaser's part.
27.4 If consent is refused, either party can rescind
27.5 If consent is given subject to one or more conditions that will substantially disadvantage a party, then that party can rescind within 7 days after receipt by or service upon the party of written notice of the conditions.
27.6 If consent is not given or refused –
27.6.1 within 42 days after the purchaser serves the purchaser's part of the application, the purchaser can rescind; or
27.6.2 within 30 days after the application is made, either party can rescind
27.7 Each period in clause 27.6 becomes 90 days if the land (or part of it) is –
27.7.1 under a planning agreement; or
27.7.2 in the Western Division.
27.8 If the land (or part of it) is described as a lot in an unregistered plan, each time in clause 27.6 becomes the later of the time and 35 days after creation of a separate folio for the lot.
27.9 The date for completion becomes the later of the date for completion and 14 days after service of the notice granting consent to transfer.
28 Unregistered plan
28.1 This clause applies only if some of the land is described as a lot in an unregistered plan.
28.2 The vendor must do everything reasonable to have the plan registered within 6 months after the contract date, with or without any minor alteration to the plan or any document to be lodged with the plan validly required or made under legislation
28.3 If the plan is not registered within that time and in that manner –
28.3.1 the purchaser can rescind; and 28.3.2 the vendor can rescind, but only if the vendor has complied with clause 28.2 and with any legislation governing the rescission.
28.4 Either party can serve notice of the registration of the plan and every relevant lot and plan number.
28.5 The date for completion becomes the later of the date for completion and 21 days after service of the notice.
28.6 Clauses 28.2 and 28.3 apply to another plan that is to be registered before the plan is registered.
29 Conditional contract
29.1 This clause applies only if a provision says this contract or completion is conditional on an event.
29.2 If the time for the event to happen is not stated, the time is 42 days after the contract date.
29.3 If this contract says the provision is for the benefit of a party, then it benefits only that party
29.4 If anything is necessary to make the event happen, each party must do whatever is reasonably necessary to cause the event to happen.
29.5 A party can rescind under this clause only if the party has substantially complied with clause 29.4.
29.6 If the event involves an approval and the approval is given subject to a condition that will substantially disadvantage a party who has the benefit of the provision, the party can rescind within 7 days after either party serves notice of the condition.
29.7 If the parties can lawfully complete without the event happening –
29.7.1 if the event does not happen within the time for it to happen, a party who has the benefit of the provision can rescind within 7 days after the end of that time;
29.7.2 if the event involves an approval and an application for the approval is refused, a party who has the benefit of the provision can rescind within 7 days after either party serves notice of the refusal; and
29.7.3 the date for completion becomes the later of the date for completion and 21 days after the earliest of –
● either party serving notice of the event happening;
● every party who has the benefit of the provision serving notice waiving the provision; or
CAMPBELLTOWNRD EDMONDSON PARK NSW 2174
● the end of the time for the event to happen.
29.8 If the parties cannot lawfully complete without the event happening –
29.8.1 if the event does not happen within the time for it to happen, either party can rescind;
29.8.2 if the event involves an approval and an application for the approval is refused, either party can rescind;
29.8.3 the date for completion becomes the later of the date for completion and 21 days after either party serves notice of the event happening.
29.9 A party cannot rescind under clauses 29.7 or 29.8 after the event happens.
30 Manual transaction
30.1 This clause applies if this transaction is to be conducted as a manual transaction
● Transfer
30.2 Normally, the purchaser must serve the transfer at least 7 days before the date for completion
30.3 If any information needed for the transfer is not disclosed in this contract, the vendor must serve it.
30.4 If the purchaser serves a transfer and the transferee is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for that transfer.
30.5 The vendor can require the purchaser to include a covenant or easement in the transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land burdened and benefited.
● Place for completion
30.6 Normally, the parties must complete at the completion address, which is –30.6.1 if a special completion address is stated in this contract - that address; or
30.6.2 if none is stated, but a first mortgagee is disclosed in this contract and the mortgagee would usually discharge the mortgage at a particular place - that place; or
30.6.3 in any other case - the vendor's solicitor's address stated in this contract.
30.7 The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor must pay the purchaser's additional expenses, including any agency or mortgagee fee
30.8 If the purchaser requests completion at a place that is not the completion address, and the vendor agrees, the purchaser must pay the vendor's additional expenses, including any agency or mortgagee fee.
● Payments on completion
30.9 On completion the purchaser must pay to the vendor the amounts referred to in clauses 16.5.1 and 16.5.2, by cash (up to $2,000) or settlement cheque.
30.10 Normally, the vendor can direct the purchaser to produce a settlement cheque on completion to pay an amount adjustable under this contract and if so –
30.10.1 the amount is to be treated as if it were paid; and
30.10.2 the cheque must be forwarded to the payee immediately after completion (by the purchaser if the cheque relates only to the property or by the vendor in any other case).
30.11 If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque.
30.12 If the purchaser must make a GSTRW payment the purchaser must –
30.12.1 produce on completion a settlement cheque for the GSTRW payment payable to the Deputy Commissioner of Taxation;
30.12.2 forward the settlement cheque to the payee immediately after completion; and
30.12.3 serve evidence of receipt of payment of the GSTRW payment and a copy of the settlement date confirmation form submitted to the Australian Taxation Office
30.13 If the purchaser must pay an FRCGW remittance, the purchaser must –30.13.1 produce on completion a settlement cheque for the FRCGW remittance payable to the Deputy Commissioner of Taxation;
30.13.2 forward the settlement cheque to the payee immediately after completion; and
30.13.3 serve evidence of receipt of payment of the FRCGW remittance
31 Foreign Resident Capital Gains Withholding
31.1 This clause applies only if –
31.1.1 the sale is not an excluded transaction within the meaning of s14-215 of Schedule 1 to the TA Act; and
31.1.2 a clearance certificate in respect of every vendor is not attached to this contract.
31.2 If the vendor serves any clearance certificate or variation, the purchaser does not have to complete earlier than 5 business days after that service and clause 21.3 does not apply to this provision.
CAMPBELLTOWNRD EDMONDSON PARK NSW 2174
31.3 The purchaser must at least 2 business days before the date for completion, serve evidence of submission of a purchaser payment notification to the Australian Taxation Office by the purchaser or, if a direction under either clause 4.8 or clause 30.4 has been given, by the transferee named in the transfer the subject of that direction
31.4 The vendor cannot refuse to complete if the purchaser complies with clause 31.3 and, as applicable, clauses 4.10 or 30.13.
31.5 If the vendor serves in respect of every vendor either a clearance certificate or a variation to 0.00 percent, clauses 31.3 and 31.4 do not apply.
32 Residential off the plan contract
32.1 This clause applies if this contract is an off the plan contract within the meaning of Division 10 of Part 4 of the Conveyancing Act 1919 (the Division).
32.2 No provision of this contract has the effect of excluding, modifying or restricting the operation of the Division.
32.3 If the purchaser makes a claim for compensation under the terms prescribed by sections 4 to 6 of Schedule 3 to the Conveyancing (Sale of Land) Regulation 2022 –
32.3.1 the purchaser cannot make a claim under this contract about the same subject matter, including a claim under clauses 6 or 7; and
32.3.2 the claim for compensation is not a claim under this contract.
CAMPBELLTOWNRD EDMONDSON PARK NSW 2174
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 Ed Square – Residential Precinct 2 Community Association – Central Park is part of the vendor’s Ed Square development. The development is regulated by the Community Land Development Act 2021 (NSW) and Community Land Management Act 2021 (NSW)
B As at the contract date, the vendor intends to register the preliminary plans, the community plan and community plans of subdivisions as follows:
Plan
Preliminary Plan 1
(being a subdivision of the development site (lot 2 in DP1220978))
Preliminary Plan 2
(being a subdivision of lot 2 in Preliminary Plan 1)
Lots
Lots 1 - 6
draft
Lots 7, 8, 10, 11, 12, 13 and 14
Lots 9, 15 and 16
Lot 17 (referred to as “Potential Future Park 1” on the community plan)
Description
Lots for future subdivision, road widening and land dedications
Road lots proposed to be dedicated to Council
Lots for future subdivision
Lot may become Community Property and used as the proposed Local Park or will be dedicated to Council.
Preliminary Plan 3
(being a subdivision of lot 9 in Preliminary Plan 2)
Preliminary Plan 4
(being a subdivision of lot 19 in Preliminary Plan 3)
Lot 18
Lots 19 and 21
Lot 20(referred to as “Potential Future Park 2” on the community plan)
Road lot proposed to be dedicated to Council
Lots for future subdivision
Lot may become Community Property and used as the proposed Local Park or will become future RP3 Community Property (see clause 37.32)
Lots 23, 24, 25, 26, 27, 28, 29 and 30
Lots 31 and 32
Lots for future subdivision
Road lots proposed to be dedicated to Council
Plan
Community Plan
(being a subdivision of lots 16 and 16 in Preliminary Plan 2, lot 21 in Preliminary Plan 3 and lots 23 – 30 & lots 33 – 34 in Preliminary Plan 4, shown on the draft plan titled ”CP001”, a copy of which is annexed to this contract)
Community Plan of Subdivision 1
(being a subdivision of lot 8 in the Community Plan, shown on the draft plan titled ”CP002”, a copy of which is annexed to this contract)
Community Plan of Subdivision 2
Lots
Lots 33 and 34
Lot 1
Lots 2 - 16
Lots 17 - 34
Description
Lots to become Community Property and used as accessways.
Community Property
Community Development
Lots (for further subdivision)
Community Development
Lots (for sale to purchasers)
Lot 1
Lots 35 - 54
draft
Lot 1
(being a subdivision of lots 9 and 11 in the Community Plan, shown on the draft plan titled ”CP003”, a copy of which is annexed to this contract)
Community Plan of Subdivision 3
(being a subdivision of lot 10 in the Community Plan, shown on the draft plan titled ”CP004”, a copy of which is annexed to this contract)
Community Plan of Subdivision 4
(being a subdivision of Lot
Lots 55 - 60
Lots 61 and 62
Lot 1
Lots 63 - 90
Further Community Property
Community Development
Lots (for sale to purchasers)
Further Community Property
Community Development
Lots (for sale to purchasers)
Community Development
Lots (for further subdivision)
Further Community Property
Community Development
Lots (for sale to purchasers)
Lot 1
Lots 91-114
Further Community Property
Community Development
Plan
12 in the Community Plan and lot 62 in Community Plan of Subdivision 2, shown on the draft plan titled ”CP005”, a copy of which is annexed to this contract)
Community Plan of Subdivision 5
(being a subdivision of Lots 2 and 13 in the Community Plan and lot 115 in Community Plan of Subdivision 4, shown on the draft plan titled ”CP006”, a copy of which is annexed to this contract)
Community Plan of Subdivision 6
(being a subdivision of Lots 4 and 14 in the Community Plan and lot 135 in Community Plan of Subdivision 5, shown on the draft plan titled ”CP007”, a copy of which is annexed to this contract)
Community Plan of Subdivision 7
Lots
Lot 115
Description
Lots (for sale to purchasers)
Community Development Lot (for further subdivision)
Lot 1
Lots 116 - 134
Lot 135
Further Community Property
Community Development
Lots (for sale to purchasers)
Community Development Lot (for further subdivision)
Lot 1
draft
Lots 136 - 152
Lot 153
Further Community Property
Community Development
Lots (for sale to purchasers)
Community Development
Lot (for further subdivision)
(being a subdivision of Lots 3, 15 and 16 in the Community Plan and lot 153 in the Community Plan of Subdivision 6, shown on the draft plan titled ”CP008”, a copy of which is annexed to this contract)
Community Plan of Subdivision 8
(being a subdivision of Lot 5 in the Community Plan, shown on the draft plan
Lot 1
Lots 154 - 180
Further Community Property
Community Development
Lots (for sale to purchasers)
Lots 183, 184 and 185
Lots 181 and 182
Community Development
Lots (for further subdivision)
Proposed to be roads dedicated to Council or
Plan
titled ”CP008a”, a copy of which is annexed to this contract)
Community Plan of Subdivision 9
(being a subdivision of lots 183, 184 and 185 in Community Plan of Subdivision 8, shown on the draft plan titled ”CP009”, a copy of which is annexed to this contract)
Community Plan of Subdivision 10
(being a subdivision of Lot 61 in the Community Plan of Subdivision 2, shown on the draft plan titled ”CP0010”, a copy of which is annexed to this contract)
Community Plan of Subdivision 11
Lots
Lot 1
Lots 186-205
Description
become part community property)
Further Community Property
Community Development Lots (for sale to purchasers)
Lot 1
Lots 206 - 211
draft
Lot 1
(being a subdivision of Lots 6 and 7 in the Community Plan, shown on the draft plan titled ”CP0011”, a copy of which is annexed to this contract)
Community Plan of Subdivision 12
(being a subdivision of Lot 216 in the Community Plan of Subdivision 11, shown on the draft plan titled ”CP0012”, a copy of which is annexed to this contract)
Lots 212 - 215
Lot 216
Lots 217 - 224
Further Community Property
Community Development Lots (for sale to purchasers)
Further Community Property
Community Development Lots (for sale to purchasers)
Community Development Lot (for further subdivision)
Community Development Lots (for sale to purchasers)
C The vendor may (subject to the purchaser rights) change the number, area, layout and size of lots and stages in the preliminary plans, community plan and community plans of subdivision and the staging and order of registration of the preliminary plans, community plans and community plans of subdivision in accordance with the vendor’s rights under this contract.
D On registration of the community plan, a community association will be established. Owners of the community development lots will be members of the community association
E A community management statement will be registered with the community plan and contains rules of the community association binding all who own and reside in the development. The community association will levy owners in the development to pay for the maintenance of Community Property and operation of the community association.
The Disclosure Statement
F The disclosure statement is attached to this contract in Attachment 1 as required by section 66ZM of the Conveyancing Act 1919 (NSW)
The Contract
G The title offered is community freehold title under the Community Schemes Development Act 2021 (NSW)
H The price for the property is stated on the front page of the contract.
I Completion is due on the later of:
• 15 business days after the vendor serves notice of the registration of the community plan and a copy of the registered community plan and any other document that was registered with that plan;
• 10 business days after the date the vendor serves a copy of an occupation certificate; and
• 20 business days after the contract date.
draft
J 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.
K The vendor may (subject to the purchaser rights) make the amendments as set out in the contract changing the community plan and specifications for the dwelling to be constructed on the property. This includes changing fixtures and fittings to at least equivalent quality fixtures and fittings.
L 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 dwelling forming part of the property up to 5% from that shown in the disclosure statement
M If the vendor has not obtained finance approval and achieved sufficient presales on or before 30 November 2025 (or a later date if the vendor has extended the date by not more than 12 months) the vendor may rescind by giving notice to the purchaser in writing.
N If the vendor has not obtained development approval to its reasonable satisfaction on or before 30 November 2025 (or a later date if the vendor has extended the date by not more than 12 months) the vendor may rescind by giving notice to the purchaser in writing.
O If the registration of the community plan and/or issue of the occupation certificate does not happen by 30 June 2028 (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 10 business days from the sunset date and this time is essential
If that happens, the deposit will be refunded.
draft
SCHEDULE 1
Sunset date: 30 June 2028 (as may be extended under clause 35.4)
SCHEDULE
2 (clause 43)
1. Those notations referred to on Certificate of Title Folio Identifier 2/1220978
2. Interests to be recorded on the folio of the register comprising the Community Property
3. Attention is directed to the community management statement to be filed with the community plan
4. Attention is directed to the community development contract to be filed with the community plan.
5. Those easements, restrictions as to user, covenants, substation leases, and other encumbrances contemplated by this contract to be created.
SCHEDULE
3 (clause 43)
1. Those notations referred to on Certificate of Title Folio Identifier 2/1220978.
2. Attention is directed to the community management statement to be filed with the community plan.
3. Attention is directed to the community development contract to be filed with the community plan.
4. Those easements, restrictions as to user, covenants, substation leases and other encumbrances contemplated by this contract to be created.
Additional Provisions
33 Definitions, interpretation and general
33.1 Definitions
In this contract these terms (in any form) have the following meaning:
adjudicator a community schemes adjudicator appointed under the Community Management Act.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
authority any government, semi-government, statutory, public or other authority having any jurisdiction over the development site or any part of Ed Square
community association the corporation to be constituted by section 8 of the Community Development Act on registration of the community plan
Community Development Act the Community Land Development Act 2021 (NSW)
community development contract means the community development contract (copy attached) to be registered with the community plan.
community development lot means the lots, other than Community Property, in the community plan and each further lot created on registration of a community plan of subdivision.
Community Management Act the Community Land Management Act 2021 (NSW)
community management statement the community management statement (copy attached) to be registered with the community plan
community parcel the land (including Community Property) the subject of the community scheme.
community plan the community plan (copy draft attached to the disclosure statement) to be registered with or without any changes permitted under this contract.
community plan instrument the section 88B instrument (copy attached) to be registered with the community plan.
community plan of subdivision has the meaning given to it in the Community Development Act
Community Property lot 1 in the community plan.
Community Scheme the community scheme to be constituted on registration of the community plan.
Community Titles Legislation the Community Development Act and the Community Management Act.
consent authority 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 dwelling;
(e) changes to the exterior of any part of the dwelling, including landscaping;
(f) changes to the internal layout of a property;
(g) changes to enable the provision of services to the dwelling; 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 the Conveyancing Act 1919 (NSW)
Conveyancing Regulation the Conveyancing (Sale of Land) Regulation 2022 (NSW).
Corporations Act the Corporations Act 2001 (Cth).
Council Liverpool City Council or its successor.
date for completion is, if at the contract date:
(a) the community plan has not been registered, the later of:
(i) 15 business days after the vendor serves notice of registration of the community plan and a copy of the registered community plan and any other document that was registered with that plan; and
(ii) 10 business days after the date the vendor serves a copy of an occupation certificate; and
(iii) 20 business days after the contract date;
(b) the community plan has been registered, the later of:
(i) 10 business days after the date the vendor serves a copy of an occupation certificate; and
(ii) 20 business days after the contract date.
defects any defects or faults in the property due to faulty materials or workmanship as set out in the 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 a written notice identifying any defects in the property the purchaser wishes to be rectified.
defects period the period commencing on the date of completion and ending on the date 3 months after the date of completion.
Development Act the Community Schemes Development Act 2015 (NSW)
development activities any works which are considered by the vendor acting reasonably, necessary to be carried out by the vendor to complete the construction works on the development site and outside of the development site including:
(a) the subdivision and consolidation (by any means, including community subdivision) of the land forming part of the development site or Ed Square
(b) any works associated with creating or moving ingress and egress points for Ed Square or buildings within Ed Square, including changing the location of minor roads;
(c) placing on the development site or Ed Square 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 reasonably considered necessary or desirable by the vendor.
development application development application no. DA-114/2024
development consent the determination of the development application by Council, on terms satisfactory to the vendor, as may be modified, amended or updated by the vendor from time to time.
development consent sunset date is 30 November 2025 as may be extended in accordance with clause 75;
development site lot 2 in deposited plan 1220978
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.
display village any lots or area used by the vendor or any other person authorised by the vendor as a display village from time to time.
Division 10 the Division 10 of Part 4 of the Conveyancing Act.
dwelling the dwelling to be constructed on the property substantially in accordance with the development consent and this contract.
ECNL means the Electronic Conveyancing National Law (NSW).
Ed Square the staged development that is currently partly constructed and otherwise to be constructed on the project land.
Electronic Workspace has the meaning given to that term in the Participation Rules.
Electronic Workspace Payment means a payment made to a party from the Electronic Workspace in accordance with the Payment Directions.
Expert 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 74 form of requisitions the community title (residential) property requisitions (copy attached) of the Law Society of New South Wales (2017 ed.).
frame to frame a method of measurement where the dimensions of the dwelling forming part of the property are calculated between the outside face of any enclosing walls, balustrades and supports.
Independent Certifier a certifier appointed by the vendor to perform the functions set out in clause 35.4
interest rate 10% per annum
layout plan the internal layout plan for the property (copy attached) with or without changes permitted under this contract.
Local Park means the park intended to be developed on either lot 17 in Preliminary Plan 2 (referred to as “Potential Future Park 1” on the community plan) or lot 20 in Preliminary Plan 3 (referred to as “Potential Future Park 2” on the community plan) and, once constructed, will comprise Community Property and its use will be shared with RP3 as disclosed in clause 37.32.
major defect a defect which because of its nature requires urgent attention, is dangerous or makes the property uninhabitable.
Management Act the Community 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 a related body corporate of the vendor or any other entity who may acquire an interest in the development site.
normal expenses in relation to the community association, the normal operating expenses payable from the administrative fund of an community association for a scheme of a similar kind, insurance and regular maintenance charges for landscaping and the like and in relation to the community association, the normal operating expenses payable from the administrative fund of the community association 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
Participation Rules means the participation rules as determined by the ECNL.
personal information 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 where before or after the contract date.
Populate means to complete data fields In the Electronic Workspace.
preliminary plan 1 means the plan of subdivision of the development site (copy draft attached), which as at the contract date is intended to be registered prior to preliminary plan 2
preliminary plan 2 means the plan of subdivision of proposed lot 2 in preliminary plan 1 (copy draft attached), which as at the contract date is intended to be registered prior to preliminary plan 3.
preliminary plan 3 means the plan of subdivision of proposed lot 9 in preliminary plan 2 (copy draft attached), which as at the contract date is intended to be registered prior to preliminary plan 4.
preliminary plan 4 means the plan of subdivision of proposed lot 19 in preliminary plan 3 (copy draft attached), which as at the contract date is intended to be registered prior to the community plan.
preliminary plans means preliminary plan 1, preliminary plan 2, preliminary plan 3 and preliminary plan 4.
presales has the meaning set out in clause 74
printed clauses clauses 1 to 32 of the Contract for the Sale and Purchase of Land –2022 Edition published by the Law Society of NSW and Real Estate Institute of NSW privacy statement the statement (copy attached) containing matters about the vendor’s information-handling practices as required by the Privacy Act 1988 (Cth).
prohibited entity 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.
project land the land comprised in former lots 31 to 42 in deposited plan 1243465
property includes any interest in the community property for the Community Scheme associated with the lot.
purchaser rights the right of the purchaser to rescind under Division 10 or make a claim for compensation under Schedule 3, clause 4 of the Conveyancing Regulation.
re-sale agreement the property re-sale agreement (copy attached).
registrar the registrar of the tribunal.
registration registration by the Registrar General.
related body corporate has the meaning given to that term in the Corporations Act. relevant date is, if at the contract date the community plan:
(a) have not been registered, the date for completion; or
(b) have been registered, the contract date.
restricted matters:
(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 community plan, the community plan instrument, community management statement, the community development contract 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; disclosed or referred to in this contract; and
(f) 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.
RP3 has the meaning set out in clause 37.3.
schedule of finishes is the document titled ‘Schedule of Finishes: Parkfront Collection’ 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 development site and includes:
(a) the placement and maintenance on Community 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
(b) the operation of a sales office, display village, display suite or both, in connection with the selling and leasing of parts of the development site services water, gas, sewer, electricity, telephone, pay-tv, communication services and the like available for connection to the property.
site audit statement has the meaning as in Contaminated Land Management Act 1997 (NSW)
special expenses the community association’s actual, contingent or expected expenses, except to the extent they are:
33.2
(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.
sunset date is the date specified in Schedule 1 as may be extended in accordance with this contract.
tribunal the Tribunal defined in the Management Act.
variation schedule the schedule prepared by the vendor detailing variations to the property and the cost of the variations.
voluntary planning agreement the planning agreement between the vendor and Council which may be registered on the title to the development site as amended or varied from time to time.
Interpretation
In this contract unless the contrary intention appears a reference to:
(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 regulations, proclamations, ordinances and local laws issued under that statute; and
(e) a person includes the person’s executors, administrators, successors and substitutes (including, persons taking by novation and assigns).
33.3
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.
34 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”.
(c) deleting the word “normally” in clause 2.2;
(d) clauses 2.4.1 and 2.4.2 are deleted;
(e) deleting the words “if requested by the vendor or depositholder”;
(f) clause 2.5.3 is deleted;
(g) clause 2.6 and 2.7 are deleted;
(h) substituting “The deposit is to be invested and that” in place of “If a party tells the depositholder that the deposit is to be invested” in clause 2.9;
(i) inserting after the word "call" in clause 2.9 the words "or on a term deposit or deposits maturing on or before completion as selected by the vendor";
(j) inserting the following paragraph at the end of clause 2.9:
“The parties release the depositholder from any claim concerning the investment of the deposit under this clause.”
(k) deleting clause 3;
(l) deleting clause 4 (other than clause 4.1);
(m) Clause 5.2 is deleted and replaced with the following:
“5.2 If the purchaser is or becomes entitled to make any other requisition, the purchaser can make it by serving the requisition on the vendor:
5.2.1 within 21 days after the contract date, if the requisition arises out of this contract or it is a requisition about the property or title;
5.2.2 within 7 days after the day on which the vendor serves notice of Registration, if the property is a lot in an unregistered plan as at the contract date; and
5.2.3 within 7 days after the day on which the vendor serves any other notice or document on the purchaser, if the requisition arises out of the notice or document served by the vendor."
(n) Clause 6.1 – replace the words: "(as to the property, the title or anything else and whether substantial or not)" with the words "(as to the property or the title of the property)";
(o) substituting “2%” in place of “5%” in clause 7.1.1;
(p) substituting “7 days” in place of “14 days” in clause 7.1.3;
(q) substituting “2%” in place of “10%” in clause 7.2.1;
(r) 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 Schedule 3, clause 4 of the Conveyancing Regulation”.
(s) substituting “7 days” in place of “14 days” in clause 8.1.3;
(t) clause 10.1 - delete the first line of clause 10.1 and replace it with "Subject to any rights of the purchaser under any legislation which cannot be excluded (including the Purchaser’s Rights), the purchaser cannot Object in respect of-";
(u) clause 10.1.8 - replace "substance" with "existence" and delete "or";
(v) clause 10.1.9 - replace "substance" with "existence" and the full stop with "; or";
(w) clause 10.1 - insert new clause 10.1.10"any claim, grant, notice, order or declaration in connection with native title, land rights or heritage protection under legislation, the common law or otherwise.";
(x) deleting clause 12.3;
(y) deleting clause 13;
(z) deleting clause 14.4;
(aa) deleting clause 14.7;
(bb) clause 20.4 is amended by inserting the words “or guarantor” after the word “party”;
(cc) amending clause 20.6 by:
(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).”; and
(dd) deleting clauses 23 to 29 (inclusive);
(ee) deleting clause 30 and any references to it; and
(ff) 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.
35 Completion subject to conditions
35.1 Completion conditional
Completion of this contract is conditional on:
(a) obtaining finance approval and achieving presales in accordance with clause 74;
(b) obtaining the development consent in accordance with clause 75;
(c) registration of the community plan;
(d) registration of the community plan instrument (but only if required by the vendor);
(e) registration of the community management statement;
(f) registration of the community development contract; and
(g) issue of the occupation certificate
35.2 Registration of documents
The vendor must use all reasonable endeavours to satisfy clause 35.1(c) to 35.1(g) (inclusive) by the sunset date.
35.3 Late registration of documents
If clause 35.1 has not been satisfied by the sunset date then:
(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.
35.4 Extending sunset date
(a) The vendor may extend the sunset date by each day that the building works in connection with, or the manufacture or supply of materials for, the dwelling 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 the community plan or documents contemplated under this contract including the community plan;
(iv) any delay arising from an extension of time under the construction contract;
(v) any delay arising from construction and procurement of materials; or
(vi) any matter or thing beyond the vendor’s control.
(b) 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):
(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.
(e) The vendor may extend the sunset date a maximum of twice for a period (or periods) not exceeding 12 months in total.
36 Late completion
36.1 Notice to complete
(a) For the purpose of clause 15:
(i) 3.00 pm on the day being not less than 10 business 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, at any time before the expiration of the notice, revoke the notice by serving a notice of revocation.
(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
36.2 Interest if completion does not take place
(a) 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.
(b) The purchaser need not pay interest under this clause 36.2 for any period during which completion has been delayed by the vendor.
37 Disclosures
37.1 Ed Square
The vendor discloses that:
(a) the property will form part of Ed Square;
(b) Ed Square is being constructed in stages;
(c) as at the contract date, Ed Square contains:
(i) residential dwellings of different types and densities including stratum lots within community schemes, strata lots within strata schemes (within community schemes) and strata apartments (within strata schemes) included within a mixed use stratum scheme;
(ii) buildings or lots with commercial and retail uses;
(iii) a retail centre, including major supermarket retailers and small speciality stores;
(iv) community association parklands and open space;
(d) as at the contract date the vendor is considering, but makes no warranty, that the balance of Ed Square may contain the following (but the potential uses of the balance of Ed Square are not limited to the following):
(i) further residential dwellings of different types and densities including conventional torrens title lots, torrens & stratum title lots and within community schemes and strata apartment within (strata schemes) possibly included within a mixed use stratum scheme;
(ii) display villages and associated car park;
(iii) multipurpose community centres;
(iv) community association parklands and open space;
(v) hotel or commercial facilities; and
(vi) a sales office;
(e) the timing of commencement and completion of the subdivision and development of, and uses within Ed Square (and any precinct or stage of Ed Square) will be determined by the vendor in the vendor’s sole discretion;
(f) the vendor will be permitted to carry out development activities within and around the development site and Ed Square and those development activities will not have been completed by the date for completion;
(g) roads in and around Ed Square and the property may be closed or gated and access temporarily restricted (including there may be periods of pedestrian only access to the mews) whilst the vendor undertakes development activities however access to parking on the property will always be available;
(h) use of the roads will be shared with construction traffic whilst the vendor undertakes development activities on and around the development site and Ed Square generally;
(i) the vendor may, after completion and whilst undertaking development activities require the airspace of the property for the swinging of crane jibs associated with the vendor undertaking development activities; and
(j) as a result of the development activities, there may be 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 Ed Square.
37.2 RP2
The vendor discloses that:
(a) as at the contract date the vendor intends to develop the development site in stages as set out in the community development contract and the development site will be subject to development activities;
(b) the vendor may (subject to the purchaser rights) change the number and size of the lots in the preliminary plans, community plan and community plans of subdivision and the staging and order of registration of the preliminary plans, community plans and community plans of subdivision in accordance with the vendor’s rights under this contract;
(c) the number of stages, the size of the stages and the order and timing for the development and completion of the stages will be determined by the vendor (acting reasonably);
(d) the vendor may subdivide some of the community development lots by way of a community plan of subdivision to create further community development lots, public and private roads and further Community Property;
(e) completion of the dwellings on lots in the Community Scheme (other than the dwelling on the property) may not be complete at completion; and
(f) as part of the development activities on the development lots, there may be 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.
37.3 RP3
(a) The vendor discloses that:
(i) as at the contract date, the vendor’s present intention is to subdivide lot 3 in DP1264016 to create a community scheme which is to be comprised of lots used primarily for residential purposes, and which may be further subdivided in stages to create further lots and further community property (RP3); and
(ii) if the vendor does decide to develop RP3, then:
(A) following completion of the development of RP3, the use of community property and lots within RP3 may change from being primarily residential to any other use permitted by law; and
(B) completion of the dwellings on lots in RP3 may not be complete at completion of the property and so there may be 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
(b) The vendor gives no representations or warranties as to the future development of RP3 or the timing for the development and completion of RP3.
37.4 Preliminary plans
The vendor discloses that the vendor:
37.5
(a) intends to register the preliminary plans and any accompanying section 88B instruments (if required) before the community plan;
(b) may vary the preliminary plans and any accompanying section 88B instrument (if required) prior to registration; and
(c) the boundaries of the development site (including the community parcel) may not be final and may be subject to changes or alteration before completion of the development site.
Community documents
The vendor discloses that:
(a) the vendor intends to procure the registration of:
(i) the community plan to create the Community Scheme;
(ii) the community plan instrument (if required);
(iii) the community management statement; and
(iv) the community development contract;
(b) the vendor may reconfigure, subdivide or consolidate the community plan so as to:
(i) create additional community development lots, which may be further subdivided or used for residential purposes;
(ii) create additional Community Property; and
(iii) any combination of the above;
(c) the vendor may be required to effect a boundary adjustment of the development site prior to the registration of the community plan
37.6 Community management statement
(a) The community management statement contains important information regarding the use, maintenance and payment for certain facilities and areas in the community parcel.
(b) The owners of community development lots in the Community Scheme will be members of the community association.
(c) On completion the purchaser will become a member of the community association and bound by the provisions of the community management statement.
37.7 Community development contract
(a) The community development contract contains important information regarding the vendor’s proposed staged subdivision and construction in the Community Scheme.
(b) As at the contract date, the community development contract identifies the future development to be carried out on Community Property, including the:
(i) staged subdivision of the development site by way of lodgement of the preliminary plans, the community plan and community plans of subdivision to create further Community Property and community development lots; and
(ii) the intended use of the Community Property and the community development lots.
37.8 Community association
The vendor may require the community association to consent to the registration of community plans of subdivision or consolidation or to effect severance of a lot from the community parcel or to record registration of an instrument or other dealing.
37.9 Changes to area
The vendor discloses that the vendor may make changes to the area of lots the subject of the community plan, including a reduction in the area of the dwelling forming part of the property up to 5% from that shown in the community plan attached to the disclosure statement
37.10 Use of roads
(a) Roads in and around the development site may be temporarily closed or gated and access restricted whilst the vendor undertakes development activities, operates the display village or undertakes other sales and marketing activities on and around the development site.
(b) The vendor intends to dedicate roads within Ed Square to Council in stages.
(c) Use of the roads will be shared with construction traffic whilst the vendor undertakes development activities on and around the development site and Ed Square generally
(d) The vendor may not complete the final seal or /finishes of roads and paved thresholds at road intersections within Ed Square until completion of Ed Square
37.11 Selling and leasing activities
Until the vendor completes the sale and leasing of all lots in the Community Scheme and development site, the vendor and persons authorised by the vendor are entitled to conduct selling and leasing activities on the development site and the community parcel.
37.12 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 community plan.
37.13 Further affectations
(a) Some or all of the easements, covenants, restrictive covenants, leases and instruments anticipated to be created:
(i) on registration of the community plan may be created before or after the date of registration of the community 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 community plan and community plan instrument may be required by a consent authority over Community Property
37.14 Electricity substation
(a) The vendor discloses that:
(i) the vendor may provide an electricity substation or kiosk servicing whole or a part of the development site; and
(ii) the vendor may dedicate, transfer or lease any part of the development site for the provision of a substation or kiosk or both. The location of which is within the vendor’s absolute discretion subject to the requirements of the energy provider.
(b) The rights of any energy provider in respect of an electricity substation on Community Property may be granted by registering:
(i) an easement or easements benefiting any energy provider; or
(ii) a lease or leases in favour of any energy provider, on terms required by the energy provider.
37.15 Service providers and other agreements
The vendor discloses that:
(a) services may be provided to the boundary of the Community Scheme or community development lots;
(b) arrangements with service providers for the provision of services to the Community Scheme or community development lots 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 Community Scheme or community development lots or assume obligations under agreements in relation to those arrangements; and
(e) subject to any restrictions on the community association during the initial period as defined in the Community Titles Legislation, the vendor may be required to procure the community association to:
(i) appoint a managing agent for the Community Scheme for the professional management of the Community Scheme for a term either expiring at the date of the first annual general meeting of the owners corporation or for a longer period subject to the ratification by the community association at the first annual general meeting;
(ii) appoint a caretaker for the Community Scheme;
(iii) enter into arrangements with service providers which are not disclosed in this contract for the provision of services to the Community Scheme, Community Scheme or community development lots; and
(iv) assume obligations under agreements in relation to those arrangements (between the vendor and service providers).
37.16 Sewer diagrams
(a) Attached to this contract is a copy of the sewer location diagrams for the community parcel currently available from Sydney Water.
(b) The vendor discloses that the location of the sewer shown on the diagram will change by registration of the community plan as the existing sewer main will be generally as shown on the draft sewer engineering diagram attached to this contract.
(c) The vendor discloses that the draft sewer engineering diagram attached to this contract shows the approximate location of the proposed sewer main and the vendor may:
(i) vary the location of the sewer main as shown on the draft sewer engineering diagram attached to this contract; and
(ii) install other sewer lines and infrastructure as part of the development activities.
37.17
Site Audit Statement
The vendor discloses as part of the development activities on the development site, the vendor has obtained a site audit statement validating the relevant part of the development site as suitable for its intended use
37.18 Construction Noise and View Loss
The vendor discloses the property may be affected by construction noise and loss or diminution of views as a result of surrounding development.
37.19 Address of property
The vendor discloses that:
(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.
37.20 Smoke detectors
The dwelling forming part of 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 the property.
37.21 Modifications to the development consent
(a) The purchaser acknowledges that the vendor may desire or the development may require, acting reasonably, the modification of the development consent it procures in accordance with clause 75 (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 must disclose to the purchaser any modification to the development consent.
37.22 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 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 preliminary plans, community plan or a community plan of subdivision
37.23 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 and the first home buyers assistance scheme.
37.24 Layout plans
(a) The vendor discloses and the purchaser acknowledges that the layout plan was produced prior to completion of construction. The information of the layout plan may change:
(i) to correct any error;
(ii) as a result of the requirement of any authority;
(iii) as required by the development consent or other authority approval;
(iv) arising from changes made during construction for any reason; or
(v) any of the above.
(b) The purchaser acknowledges:
(i) that the layout plan was produced prior to completion of construction;
(ii) the information in the layout plan is believed to be correct by the vendor but is not guaranteed by the vendor;
(iii) changes may be made during construction on dimensions and areas as shown on the layout plan;
(iv) fittings and specification are subject to change without notice;
(v) any furniture or chattels or non fixed items shown on the layout plan are not included with any sale and the purchaser must refer to this contract for the schedule of finishes;
(vi) 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;
(vii) all graphics including tile layout, balustrades and the like are indicative only;
(viii) bulkheads for services are not depicted;
(ix) the layout plan is at an unspecified scale and where dimensions are shown (if any) are indicative only on a frame to frame basis;
(x) the frame structure depicted on the layout plan does not include the plaster finish to be fixed to the frame during construction;
(xi) any dimensions shown have been calculated as measured between framing elements and will vary from measurement between finished surfaces;
(xii) all area sizes shown (if any) are approximate only and are subject to final survey; and
(xiii) 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.
(c) Subject to the purchaser’s rights and any applicable law, the purchaser cannot make any claim or requisition or rescind or terminate or claim for compensation because of any matter stated in this clause 37.24
37.25 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.
37.26 Personal Property Securities Act, 2009 (Cth) (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.
37.27
Masterplan model
(a) The vendor discloses that where any masterplan model and computer generated images of the property and the dwelling forming part of the property are made available:
(i) they are made available to the purchaser for inspection; and (ii) are indicative only.
(b) The property and the dwelling forming part of the property may therefore be different from that shown in the masterplan model and computer generated images
37.28 Sales Centre and Display Village
(a) The vendor discloses that as at the contract date:
(i) the vendor intends to construct and operate a sales centre at on the eastern end of the community parcel off Soldiers Parade (Lots 214 & 215 as shown on the draft Community Plan);
(ii) the vendor intends to construct and operate a display village on either:
(A) community development lot 7 (created on the community plan), part community development lot 11 (created on the community plan) and lot 11 in preliminary plan 2 (which will be dedicated to Council as a public road); or
(B) community development lot 7 (created on the community plan), community development lot 61 (created on the community plan of subdivision 2), and lot 11 in preliminary plan 2 (which will be dedicated to Council as a public road);
(iii) community development lot 17 (created on the community plan), community development lot 26 (created on the community plan) and some community development lots within the display village will have display homes constructed on them and used as a display home during the vendor’s operation of the display village;
(iv) members of the public will be encouraged to attend the sales centre and the display village and:
(A) temporary car parks may be established; and
(B) internal roads within the Community Scheme may be partially closed, to accommodate additional pedestrian and vehicular traffic associated with the sales centre and display village; and
(v) whilst the sales centre and display village are being operated in the community parcel the vendor may display signage and undertake other marketing activities in the sales centre and display village
(b) Upon the vendor no longer requiring the operation of a sales centre, display village or temporary car parks within the Community Scheme, the vendor may further develop or convert the improvements into spaces that can be used for residential or commercial use, which the vendor may either retain, sell, lease or use for any other purpose permitted under a development consent
37.29 Display suite
The vendor discloses that:
(a) the display suite is made available to the purchaser for inspection only and does not represent the layout of the dwelling forming part of the property or detailing of the property which may alter in design development;
(b) the display suite may be located within Ed Square, but not within the Community Scheme;
(c) the finishes and colour boards and materials displayed or used in the display suite may not be the final finishes of the property; 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.
37.30 Restricted property
The vendor discloses:
(a) part of the Community Property may be allocated for the restricted use of specific lot owners or may be subject to special privileges for specific lot owners for any purpose or specific purpose; and
(b) as at the contract date the community plan, community management statement and community development contract may not disclose the allocation
37.31 Town Park
(a) The vendor discloses that as at the contract date it is intended that:
(i) a ‘Town Park’ may be constructed on Lot 1 in DP1264016; and
(ii) if constructed, the Town Park will be dedicated to Council and not form part of the Community Scheme.
(b) The vendor does not make any representation or warranty regarding the development of the Town Park, the timing for the completion and operation of the Town Park and any likely impact that the development of the Town Park may have on the property or the Community Scheme.
37.32 Local Park
(a) The vendor discloses that, as at the contract date:
(i) the vendor intends to construct a Local Park either lot 17 in preliminary plan 2 (referred to as “Potential Future Park 1” on the community plan) or lot 20 in preliminary plan 3 (referred to as “Potential Future Park 2” on the community plan);
(ii) in the event lot 17 is not used as the Local Park (and lot 20 is instead used as the Local Park), it is intended that lot 17 (being the area referred to as “Potential Future Park 1” on the community plan) will be dedicated to Council;
(iii) in the event lot 20 is not used as the Local Park (and Lot 17 is instead used as the Local Park), lot 20 (being the area referred to as “Potential Future Park 2” on the community plan) will likely become part of RP3, and
(iv) it is intended that, once constructed, the Local Park will comprise Community Property (which may occur before or after registration of the Community Plan)
(b) As at the contract date it is intended that once constructed the Local Park will:
(i) be allocated for the restricted use of owners and occupiers residing within the Community Scheme and, subject to clause 37.3, the owners and occupiers of RP3;
(ii) likely be gated with secured access; and
(iii) contain barbeque facilities, seating, shade structures, , play equipment, outdoor recreation facilities and storage facilities
(c) In relation to the sharing of the Local Park between the Community Scheme and RP3, it is intended that an easement will be created that burdens the Community Property and benefits RP3 which:
(i) permits the owners and occupiers of the Community Scheme and owners and occupiers of RP3 to use the Local Park; and
(ii) details a cost sharing agreement between the Community Scheme and the community scheme for RP3, with costs for maintenance and upkeep of the Local park to be shared between the Community Scheme and the community scheme for RP3,
and, subject to clause 37.32(d), the purchaser is directed to the easement numbered 14 in the community plan instrument in this regard
(d) The vendor may elect to create the easement contemplated in clause 37.32(c) on a subsequent community plan of subdivision or via a separate dealing on the same terms contained in the community plan instrument, in which case the community plan and community plan instrument will be updated to remove reference to the easement
(e) The community management statement may contain further rules in relation to access and use of the Local Park
(f) The vendor does not make any representation or warranty regarding the development of the Local Park, the timing for the completion and operation of the Local Park and any likely impact that the development of the Local Park may have on the property or the Community Scheme.
37.33 Pocket Parks
(a) The vendor discloses that as at the contract date, the vendor intends to construct on a staged basis substantially in accordance with the community development contract pocket parks on Community Property (Pocket Parks).
(b) As at the contract date it is intended that once constructed the Pocket Parks may contain shade structures, seating, informal activity areas and passive recreation zones.
(c) The community management statement may contain further rules in relation to access and use of the Pocket Parks
(d) The vendor does not make any representation or warranty regarding the development of the Pocket Parks, the timing for the completion and operation of the Pocket Parks and any likely impact that the development of the Pocket Parks may have on the property or the Community Scheme.
37.34 Gateway Park
(a) The vendor discloses that as at the contract date, the vendor intends to construct on a staged basis substantially in accordance with the community development contract a public open space on the corner of Soldiers Parade and General Boulevard, being Community Property within the Community Scheme (Gateway Park).
(b) As at the contract date, it is intended that once constructed the Gateway Park will include lighting, seating and landscaping
(c) The community management statement may contain further rules in relation to access and use of the Gateway Park.
(d) The vendor does not make any representation or warranty regarding the development of the Gateway Park, the timing for the completion and operation of the Gateway Park and any likely impact that the development of the Gateway Park may have on the property or the Community Scheme.
37.35 Linear Parks
(a) The vendor discloses that as at the contract date, the vendor intends to construct on a staged basis substantially in accordance with community development contract pedestrian and cycle connections on Community Property within the Community Scheme (Linear Parks),
(b) As at the contract date, it is intended that once constructed the Linear Parks may include lighting, seating and landscaping.
(c) The community management statement may contain further rules in relation to access and use of the Linear Parks
(d) The vendor does not make any representation or warranty regarding the development of the Linear Parks, the timing for the completion and operation of the Linear Parks and any likely impact that the development of the Linear Parks may have on the property or the Community Scheme.
37.36 Edmondson Park Reserve
(a) As at the contract date:
(i) it is intended that neighbouring Lot 101 in DP1238023 will be dedicated to Council as a park;
(ii) future use of this park is subject to future planning approvals including Council’s agreement on inclusions and further planning and environmental restrictions; and
(iii) future uses may or may not include woodlands, informal recreation including walking trails and seating.
(b) The vendor does not make any representation or warranty regarding the development of Edmondson Park Reserve, the timing for the completion and operation of Edmondson Park Reserve and any likely impact that the development of the Edmondson Park Reserve may have on the property or the Community Scheme.
37.37 Parking
The vendor discloses that roads located within the Community Scheme and surrounding the Community Scheme may be subject to timed parking restrictions and other rules imposed by Council.
37.38
CCTV
The vendor discloses that:
(a) communal areas within the Community Scheme may be monitored by a CCTV security system;
(b) the community association and any person engaged by the community association may review CCTV footage for the purpose of monitoring the areas referred to in clause 37.38(a); and
(c) the proper storage of footage will be determined by the community association in accordance with the Privacy Act 1988 and other relevant law.
37.39 Voluntary planning agreement
The vendor discloses that a voluntary planning agreement may or may not be registered on title to the Community Property at completion and may be varied or amended.
37.40
No claims etc
Subject to the purchaser’s rights and any applicable law, the purchaser cannot make any claim or requisition or rescind or terminate or delay completion because of any matter stated in this clause 37.
38 Development
38.1
Construction
(a) Subject to clause 38.2(a), before completion the vendor must procure:
(i) construction of the dwelling on the property;
(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 and the dwelling generally as specified in the schedule of finishes; and
(iv) installation in the property and the dwelling of the items generally as specified in the schedule of finishes.
(b) External finishes and surfaces are typically a composition of either brickwork, painted masonry that may include hebel or alternative light weight external composite finishes such as rendered and painted polystyrene or painted fibrous cement or pre-finished panels
(c) All works must be carried out in a proper and workmanlike manner.
(d) 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.
38.2 Alterations
(a) The vendor can without being required to give any notice to the purchaser (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 and the dwelling 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 and the dwelling 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, including conditions contained in the development consent;
(B) to substitute materials if those materials are no longer available or difficult to obtain;
(C) as required for the proper construction and development of the dwelling; or
(D) as desired by the vendor from time to time acting reasonably.
(b) Subject to clause 38.2(c) and any applicable law, 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)(B) which substantially detrimentally affect the property (not including the car space or storage space (if any)) and the vendor:
(i) serves a notice under clause 38.3, the purchaser can rescind but only (despite clause 19.1.1) within 14 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 14 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 at least one occasion to inspect the property within sufficient time for the purchaser to form a view.
38.3 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) If at the request of the purchaser, the vendor agrees to vary the manner of finishes in the dwelling forming part of the property or the items to be installed in the dwelling forming part of 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.
(b) 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.
(c) 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.
(d) Subject to any rights of the purchaser under any legislation which cannot be excluded, the purchaser may not delay completion in respect of any disagreement under this clause 38.4
38.5 Disagreement
(a) 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.
(b) 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.
39 Defects warranty
(a) Within the defects period, the purchaser may serve a defects notice.
(b) Subject to clauses 39(c), 39(d) and 39(e), the vendor, within a reasonable time after the defect notice, must repair in a proper and workmanlike manner any defects the subject of the defects notice.
(c) Other than a notice served under clause 39(d), the purchaser may only serve two defects notice before the expiration of the defects period.
(d) Before completion, the purchaser cannot serve a defects notice unless the defect makes the property uninhabitable, in which event the vendor must repair the major defect before completion.
(e) An occupation certificate is conclusive evidence, as at the date of the occupation certificate, that there are no defects which make the property uninhabitable
(f) The purchaser acknowledges and accepts that:
(i) if the dwelling 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 dwelling forming part of 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, 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;
(viii) the matters referred to in this clause 39(f) 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(f)
(g) If any disagreement arises in connection with this clause:
(i) subject to any applicable law, the purchaser cannot make a claim or requisition or rescind or terminate this contract;
(ii) either the vendor or the purchaser may refer the disagreement to a single expert nominated by the Resolution Institute;
(iii) the expert’s decision is conclusive and binding on the parties; and
(iv) the cost of the expert determination must be borne by the party against whom the expert’s decision is made or if there is no such party then by the party or parties whom the expert determines is or are to bear the costs (but not the vendor).
(h) Rights under this clause continue after completion whether or not other rights continue.
40 Changes to community plan
(a) Before registration the vendor can make changes to the community plan which the vendor considers necessary or desirable including:
(i) the total number of lots (including varying the mix and type of dwellings);
(ii) the numbering of lots;
(iii) the dimensions or areas of lots including an increase or a reduction in the area of the dwelling forming part of the property up to 5%;
(iv) the location of lots;
(v) the location of any restricted property or exclusive use areas; and
(vi) the location of easements,
from those shown on the community plan; and
(vii) in respect of any matters disclosed or noted in clause 37.
(b) The community plan will include the unit entitlements for the lots to reflect the respective values of the lots in the community plan in accordance with the community titles legislation
(c) Subject to clause 40(f) and any applicable laws, the purchaser cannot make a claim or requisition or rescind or terminate in respect of any matter disclosed or referred to in this clause
(d) 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(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.
(e) 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 (if any)) as shown on the layout plan and the community plan, the community plan prevails.
(f) The provisions of this clause 40 do not affect the rights of the purchaser to make a claim for compensation 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.
41 Changes to documents
41.1 Vendor can make changes
(a) The vendor may:
(i) make changes to the:
(A) community plan instrument; (B) community management statement; or (C) community development contract, or any of those documents;
(ii) create further easements, covenants and restrictions as to user in addition to those set out in the community plan and the community 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 community plan and the community 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 community management statement; and
(vi) include further provisions in addition to those set out in the community development contract, which the vendor considers necessary or desirable including as a result of the matters disclosed in clause 37
(b) Subject to clauses 41.2 and 41.3 and any applicable law, the purchaser cannot make a claim or requisition or rescind or terminate in respect of any:
(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 community plan and the community plan instrument or in this contract;
(iii) substation or kiosk or both leases created;
(iv) change in the location of easements as set out in the community plan, community plan instrument or in this contract;
(v) further by laws in addition to or in replacement of those by laws set out in the community management statement; and
(vi) include further provisions in addition to those set out in the community development contract,
41.2 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) after the vendor becomes aware that the disclosure statement:
(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.
(c) 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.
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(a)other than amendments arising from those matters disclosed or noted in clause 37 which substantially detrimentally affects the dwelling forming part of the property and the vendor:
(i) serves a notice under clause 41.2(b), 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 41.2(b), the purchaser can rescind but only (despite clause 19.1.1) within 10 days of the vendor serving notice of registration of the community plan and this time is essential.
(c) The right of rescission conferred by clause 41.1(b) cannot be exercised in relation to a change to the matters or items specified in clause 41.1(a) resulting from a construction amendment of which notice under clause 38.3 was served.
42 Community title
As the property is (or on completion is to be) a lot in a community scheme:
(a) clause 11 does not apply to anything with which the community association must comply;
(b) subject to clauses 51 and 52, 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 community association must pay;
(d) clause 18.4 does not apply to anything which the community association must insure;
(e) the parties must adjust under clause 14.1:
(i) a regular periodic contribution to the administrative fund;
(ii) a regular periodic contribution to the sinking 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 community association to the extent the community association has not paid the amount to the vendor;
(f) normally, the vendor is liable for any other contribution:
(i) if it was levied before the date for completion; or.
(ii) to the extent it relates to:
(A) money borrowed by the community association;
(B) work started by the community association; or
(C) an obligation of the vendor that arose, before the date for completion;
(g) subject to clause 42(h) the purchaser cannot make a claim or requisition or rescind or terminate in respect of special expenses of the community association;
(h) the purchaser can rescind if the special expenses of the community association at the later of:
(i) the contract date; and
(ii) the creation of the community association, when calculated on a unit entitlement basis (and, if more than one lot; added together), are more than 1% of the price;
(i) the vendor must cause the community association to effect all insurances required by the Community Management Act;
(j) as regards a notice of transfer under s47 of the Community 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;
(k) as regards the inspection available from the community association under section 26 of the Community 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 Community Titles Legislation
43 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 Community Property; and
(iii) subject to any applicable law, 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.
44 Restricted matters
(a) The purchaser must:
(i) vote against any motion for a resolution proposed for consideration by a general meeting of the community association or its executive committee the passing of which would prevent, curtail or inhibit the restricted matters;
(ii) vote in favour of any motion or use all reasonable endeavours to procure any mortgagee of the property to vote in favour of any motion for a resolution proposed for consideration by a meeting of the community association or its executive committee to implement or give effect to the restricted matters;
(iii) not lodge an application with the registrar or and adjudicator 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;
(iv) not request or procure any person including any mortgagee to lodge an application with the registrar or an adjudicator or the tribunal or commence proceedings in any court of competent jurisdiction which would prevent, curtail or inhibit the restricted matters;
(v) 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 and to enter into the re-sale agreement or such other form of agreement as the vendor reasonably requires; and
(vi) to do all things reasonably required by the vendor to give effect to the restricted matters.
(b) This clause 44 ceases to apply seven years after the date of registration of the community plan.
45 Acknowledgements and warranties by the purchaser
45.1 General
(a) Subject to any applicable law, including but not limited to the Australian Consumer Law, 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) masterplan models or display suite available for inspection, before the contract date. For the avoidance of doubt, this clause 45.1 excludes any false, misleading or deceptive pre-contractual agreements made by the vendor.
45.2 Reliance
In entering into this contract the purchaser has not relied on any warranty or representation made by or any other conduct of:
(a) the vendor; or
(b) any person on behalf of the vendor, except those expressly provided in this contract or in legislation. This clause 48.2 does not apply to any false, misleading or deceptive conduct (as defined in the Australian Consumer Law) on the part of the vendor or any person on behalf of the vendor.
45.3 Own Enquiries
(a) 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:
(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.
(b) Subject to clauses 38 and 39, and the purchaser rights, 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 45.
45.4 Source of funds
The purchaser represents and warrants that:
(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.
45.5 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).
46 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) resolves to go into liquidation;
(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 Actor 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.
47 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) 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 47(a) arising out of a breach of the warranty in clause 47(a); and
(ii) all actions, proceedings and expenses arising out of any such claim.
48 Lodgement of caveat or priority notice
(a) The purchaser must not at any time before registration of the community 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 48(a)
49
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 49(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
(iii) any person claiming through or under the purchaser, the purchaser must complete despite the notation of that caveat.
50 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 50(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 property or in connection with the cost of construction of the property
51 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 $220 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.
52 Council rates
On registration of the community 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:
(a) the purchaser agrees to accept $1,640 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 community 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.
53 Colour scheme
(a) The vendor must procure to finish the property in accordance with the colour scheme selected by the purchaser if shown in the colour scheme section on the front page of this contract.
(b) If there is no colour scheme selected on the front page of this contract, the vendor will select a colour scheme for the property in its absolute discretion
(c) Despite anything else in this clause 53, if construction of the dwelling forming part of the property has commenced as at the date of this contract, the vendor may choose the colour scheme in its absolute discretion.
(d) Subject to any applicable laws, 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.
Deposit
54.1 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.
54.2
Release of deposit
(a) Upon an appointment being made for completion, the depositholder is authorised to close the investment account and withdraw the deposit and interest on the date appointed for completion for the purpose of accounting for the deposit and interest at completion in accordance with this contract.
55 GST
55.1 Definitions
In this clause 55:
(a) ATO means the Australian Taxation Office.
(b) ATO GST Withholding Form One means the notification to be given by the Purchaser to the Commissioner in the approved form of the GST Withholding Amount.
(c) ATO GST Withholding Form Two means the confirmation to be given by the Purchaser to the Commissioner in the approved form on the actual completion date.
(d) Commissioner has the meaning given in the TA Act.
(e) GST Law has the meaning given to that expression in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(f) 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.
(g) 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.
(h) TA Act means the Taxation Administration Act 1953 (Cth).
(i) Expressions which are not defined but which have a defined meaning in the GST Law have the same meaning.
55.2 GST treatment
(a) 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.
(b) The vendor and purchaser acknowledge that the margin scheme does not apply to the supply of the real property under this contract.
55.3 GST Withholding
(a) 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 55.3
(c) The vendor must give the GST Withholding Notice to the purchaser at least five business days before completion
(d) The purchaser or the purchaser’s agent (or, if a direction under clause 4.3 has been served, the transferee named in the transfer served with that direction) must, as an essential provision:
(i) by no later than 5 business days prior to the date for completion, Populate and lodge ATO GST Withholding Form One in the Electronic Workspace in accordance with the details set out in the GST Withholding Notice; and
(ii) by no later than 2 business days prior to the date for completion, in the Electronic Workspace, confirm that ATO GST Withholding Form Two is automatically lodged by the Electronic Workspace on completion; and
(iii) the vendor, for the purposes of clause 16, directs the purchaser to pay to the Commissioner the GST Withholding Amount as an Electronic Workspace Payment.
(e) Despite clause 56.3(d)(ii), if the purchaser fails to confirm that the ATO GST Withholding Form Two is automatically lodged by the Electronic Workspace on completion, then the purchaser authorises the vendor’s solicitor to act as the purchaser’s agent to lodge the ATO GST Withholding Form Two with the ATO after completion.
(f) Clause 56.3(e) does not merge on completion.
(g) The purchaser indemnifies 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
56 Guarantee
(a) In consideration of the vendor entering into this contract at the request of the guarantor, the guarantor:
(i) 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
(ii) 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, except to the extent the loss, damage, expense or claim is not caused or contributed to by the vendor.
(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.
(d) 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; or
(ii) the purchaser is wound up.
(e) 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.
(f) 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.
57 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:
(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 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:
(i) on completion; or
(ii) within five days after the vendor serves notice claiming forfeiture of the deposit.
(d) 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:
(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.
58 Privacy Act
(a) The purchaser consents to:
(i) the collection of personal information;
(ii) the use and disclosure by the vendor of personal information for the purposes of enabling the vendor to comply with its 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 of the personal information for the purpose of:
(A) enabling the vendor to comply with and fulfil its 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
(iv) the use and disclosure by the vendor 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 vendor’s business including the sale of any part of Ed Square;
(D) raising finance;
(E) internal reporting;
(F) reporting to any related body corporate, financier or adviser of the vendor; and
(G) any use specified in any privacy statement.
(b) The purchaser acknowledges that
(i) the personal information is held by the vendor 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.
59 Vendor’s marketing material
The purchaser must not use any of the vendor’s marketing material.
60 Home Building Act 1989
If work under a building contract for the construction of the house has not commenced at the contract date:
(a) under section 61 of the Home Building Regulation 2004 (NSW) the vendor is exempt from the requirements of section 96A of the Home Building Act 1989 (NSW) (the “HB Act”);
(b) the HB Act requires construction work (whether or not done under a contact) to be insured;
(c) the vendor (or any assignee of the vendor’s rights under this contract) is required to provide a certificate of insurance in respect of the construction work (as required under section 96A(1) of the HB Act) within 14 days after the contract of insurance in respect of that work is made; and
(d) the purchaser can rescind if the vendor (or any assignee of the vendor) fails to provide the certificate of insurance within that period of 14 days.
61 Commercial Interests
The vendor discloses that many provisions contained in this contract, including those provisions set out in clauses 61(c) to 61(g) below, are reasonably necessary to protect
the vendor’s legitimate commercial interests by providing the vendor with sufficient flexibility in relation to:
(a) design and construction changes and the like; and
(b) compliance with authority requirements, which may arise during the course of obtaining approvals and construction of the dwelling having regard to the nature and current state of the dwelling :
(c) the reservation of the vendor’s rights to extend the sunset date in the event construction of the dwelling or registration of the community plan is 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 community 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’s rights and applicable laws)
62 Foreign investment approval
62.1 Definitions
In this clause 62, these terms (in any form) mean:
(a) Act the Foreign Acquisitions and Takeovers Act 1975 (Cth), the Foreign Acquisitions and Takeovers Regulation 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.
62.2 Application of clause
(a) If “FIRB Approval” section on the front page of this contract is marked “NO” then clause 62.3 applies.
(b) If “FIRB Approval” section on the front page of this contract is marked “YES” then clause 62.4 applies.
(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 62.4 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 62.4 applies.
(e) Clause 22 is deleted.
62.3 Purchaser’s FIRB declaration – No
(a) 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 62.3(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 62.3(a)
62.4 Purchaser’s FIRB declaration – Yes
(a) 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 62.4(a)(i) and 62.4(a)(ii) are binding on the parties as at the contract date, including clauses 62.4(b)
(b) The purchaser must, at the purchaser’s cost:
(i) 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 62.4(b)(i)(A) and 62.4(b)(i)(B), including a copy of the Application; and
(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.
(c) 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.
(d) Clause 62.4(b) and clause 62.4(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 62.4(b) and serves a notice as required under clause 62.4(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 62.4(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 62.4(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 62.4(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 62.4(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 62.4(h) more than once.
(k) The vendor can, irrespective of whether or not the purchaser has made request under clause 62.4(h), serve a notice extending the Cut Off Date by any number of days specified in that notice.
(l) The vendor may issue a notice extending the Cut Off Date under clause 62.4(k) more than once.
63 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:
(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;
(c) 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:
(A) incurring a debt;
(B) lending money;
(C) giving a guarantee or indemnity;
(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.
64 Transfer of property from vendor to New Vendor
64.1 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.
64.2 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.
64.3 Consents by purchaser
The purchaser and the guarantor(s) (if any) each agree:
(a) to the transfer of the property to a New Vendor according to this clause 64; and
(b) to the vendor novating this contract to a New Vendor pursuant to clause 64.4, if required by the vendor; and
(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 64); 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.
64.4 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:
(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
(c) 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.
64.5 Stamp duty
The vendor agrees to pay any stamp duty payable upon the novation of this contract according to this clause 64
64.6 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 64
64.7 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 64.7(b).
(b) In the event of either the purchaser or the guarantor, or both, failing to comply with their obligations in clause 64.4, 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 64
64.8
No claims etc
The purchaser cannot make any claim or requisition or rescind or terminate because of any matter stated in this clause 64
65 Limitations on purchaser’s rights
(a) If there is a construction amendment as a result of any of the following:
(i) the inclusion of service risers in the dwelling which form part of any wall;
(ii) the inclusion of columns in the dwelling which form part of any wall;
(iii) the alteration of the internal arrangement of fixtures in the bathrooms, laundry or kitchen in the dwelling;
(iv) the relocation of cupboards within the dwelling;
(v) subject to clause 38.2(a), the alteration of finishes in the dwelling;
(vi) any minor decrease in the area of a car parking space; or
(vii) any relocation of a car parking the purchaser acknowledges and agrees that the difference to will not materially prejudice the purchaser. This clause does not limit the matters which the purchaser acknowledges and agrees will not constitute material prejudice
66 Prohibited entities
(a) If a party is or becomes a prohibited entity then that party is in breach of an essential provision of this contract and the other party can terminate this contract.
(b) Each party:
(i) 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
(ii) indemnifies the other party against any non-compliance 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 of its representation or warranty in this clause 66.
67 Assignment by purchaser
67.1 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) acting reasonably.
67.2 Details
When seeking the vendor’s consent under clause 67.1, 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.
67.3 Clause is essential
This clause 67 is an essential provision of this contract.
68 Pre-settlement inspection
68.1 Purchaser may inspect the property
Subject to clause 68.2 the purchaser may inspect the property at any reasonable time determined by the vendor before the date for completion by making an appointment with the vendor.
68.2 Purchaser acknowledgments
(a) The purchaser acknowledges that:
(i) the vendor reserves the right (acting reasonably) to:
(A) set the time and date of the purchaser’s inspection appointment;
(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.
(b) 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.
69 Appliance Warranties
69.1 Documents to be given by vendor
The vendor must serve:
(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.
69.2 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.
70 Care and Rewards Program
70.1 Terms and conditions
If:
(a) the property is within a Development which forms part of Frasers Property Australia’s Care and Rewards Program (Care and Rewards Program); and
(b) the purchaser is a member of the Care and Rewards Program, the purchaser acknowledges and agrees that it:
(c) has read the terms and conditions of the Care and Rewards Program which are available at: https://www.frasersproperty.com.au/Care-and-Rewards/Terms-andconditions (as varied from time to time) (Terms and Conditions); and
(d) must comply with the Terms and Conditions in order to receive a Benefit.
70.2 General
Capitalised terms used in this clause 70 which are not defined under this contract have the meaning given under the Terms and Conditions.
71 Foreign resident capital gains withholding payments
(a) This clause 71 applies if the price is equal to or greater than $750,000.
(b) In this clause 71, 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) Variation means a variation made by the Commission under section 14235(2) of Schedule 1 of the TA Act;
(iv) TA Act means the Taxation Administration Act 1953 (Cth); 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.
(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 71(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 71(c) then the purchaser must:
(i) 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; and
(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.
(h) This clause 71 does not merge on completion.
72 Limitation of Liability
72.1 Definitions
In this clause:
(a) Trust Deed means the deed constituting the Trust.
(b) Trustee means Australand Residential Edmondson Park Pty Ltd ACN 107 356 650 as trustee for the Trust or any substitute or replacement trustee of the Trust from time to time.
(c) Trust means the trust known as the Australand Residential (Edmondson Park) Trust.
72.2 Capacity of Trustee
Despite any other provision of this contract, the Trustee enters into this contract as trustee of the Trust and in no other capacity.
72.3 Limitation of liability
Any liability or obligation of the Trustee arising under or in connection with this contract: (a) is limited; and (b) can be enforced against the Trustee only, to the extent to which it can be satisfied out of the property of the Trust and out of which the Trustee is actually indemnified for the liability under the Trust Deed.
72.4 Contrary provisions
The limitation of the Trustee’s liability under this clause 72 applies despite any other provision of this contract and extends to all liabilities and obligations of the Trustee in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this contract.
72.5 Action against Trustee
The purchaser must not take any action of any kind against the Trustee in any capacity other than as the Trustee of the Trust.
72.6 Exception
Despite any other provision of this contract:
(a) the Trustee is not obliged to do or refrain from doing anything under this contract unless the Trustee’s liability is limited in the manner set out in this clause 72;
(b) subject to clause 72.6(c), the limitation of the Trustee’s liability under this clause 72 shall not apply to any obligation or liability of the Trustee to the extent that it is not satisfied because there is a reduction in the extent of the Trustee’s indemnification out of the assets of the Trust as a result of the Trustee’s fraud, negligence or breach of trust; and
(c) nothing in this clause 72.6 shall make the Trustee liable to any claim for an amount greater than the amount which the vendor would have been able to claim and recover from the assets of the Trust in relation to the relevant liability if the Trustee’s right of indemnification out of the assets of the Trust had not been prejudiced by fraud, negligence or breach of trust.
73 Electronic conveyancing
73.1 Application of clause 73
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 73 apply.
73.2 Definitions
In this clause 73:
(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) Electronic Document means a dealing as defined in the Real Property Act 1900 (NSW) which may be created and Digitally Signed in an Electronic Workspace;
(h) 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;
(i) Electronic Transfer means a transfer of land under the Real Property Act 1900 (NSW) for the property to be prepared and Digitally Signed in the Electronic
Workspace established for the purposes of the parties’ Conveyancing Transaction;
(j) ELN has the meaning given to that term in the Participation Rules;
(k) ELNO has the meaning given to that term in the Participation Rules;
(l) 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;
(m) Land Registry has the meaning given to that term in the Participation Rules;
(n) Lodgement Case has the meaning given to that term in the Participation Rules;
(o) Mortgagee Details means the details which a party to the Electronic Transaction must provide about any Discharging Mortgagee of the property as at completion;
(p) Payment Directions means written directions as to how the price is to be paid;
(q) Prescribed Requirement has the meaning given to that term in the Participation Rules;
(r) Subscribers has the meaning given to that term in the Participation Rules; and
(s) Title Data means the details of the title to the property made available to the Electronic Workspace by the Land Registry.
73.3 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 73, the provisions of this clause 73 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.
73.4 Communications
Despite any other provision of this contract:
(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 73) 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.
73.5 Establishment of Electronic Workspace by vendor
(a) If the property comprises a lot or lots in a registered plan, the vendor must, within 10 business days of the contract date:
(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.
(b) If the property comprises a lot or lots in an unregistered plan of subdivision, the vendor must, within 10 business 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.
73.6 Response to vendor
Within 2 business days of receiving an invitation from the vendor to join the Electronic Workspace, the purchaser must:
(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.
73.7 Financial settlement
To complete the financial settlement schedule in the Electronic Workspace:
(a) the purchaser must provide the vendor with Adjustment Figures at least 2 business days 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 2 business days before the date for completion.
73.8 Signing of Electronic Documents
At least 1 business day before the date for completion, the parties must ensure that:
(a) all Electronic Documents which a party must Digitally Sign to complete the Electronic Transaction are Populated and Digitally Signed;
(b) all certifications required by the ECNL are properly given; and
(c) they do everything else in the Electronic Workspace which that party must do to enable the Electronic Transaction to proceed to completion.
73.9 Changes to Electronic Documents
(a) If, after the vendor has:
(i) confirmed the Adjustment Figures in accordance with clause 73.7(b)(i); or
(ii) complied with the vendor’s obligations under clause 73.8, 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) Clause 73.9(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.
73.10 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 73.10(c) the parties must choose that financial settlement not occur.
(c) If, notwithstanding clause 73.10(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 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) after completion, the vendor is taken to have no legal or equitable interest in the property.
73.11 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.
73.12
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 73.12(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.
74 Funding approval and presales
74.1 Definitions
In this clause 74, these terms have the following meaning:
(a) conditions sunset date is 30 November 2025 as may be extended in accordance with this clause 74;
(a) funding approval means approval from the vendor for the construction of the dwellings and associated development and infrastructure works on terms satisfactory to the vendor; and
(b) presales means the vendor achieving sufficient presales to the vendor’s satisfaction for dwellings within the development.
74.2 Conditional contract
Completion of this contract is subject to and conditional on the vendor:
(a) obtaining funding approval; and
(b) achieving presales, on or before the conditions sunset date.
74.3 Vendor to use reasonable endeavours
The vendor must use reasonable endeavours to obtain funding approval and achieve presales before the conditions sunset date.
74.4 Notification of satisfaction of conditions
The vendor may serve notice on the purchaser within 21 days after the conditions sunset date whether or not the conditions in clause 74.2 have been satisfied.
74.5 Deemed satisfaction of conditions
If the vendor has not given notice under clause 74.3, the conditions in clause 74.2 will be deemed to have been satisfied and the contract will no longer be subject or conditional on the matters set out in clause 74.2
74.6 Failure to satisfy conditions
If the vendor does not obtain funding approval and achieve presales by the conditions sunset date, the vendor may rescind.
74.7 Developer may waive condition
The purchaser acknowledges that clause 74 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 74.2 after which the contract will be no longer subject to or conditional on the matters set out in clause 74.2
74.8 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.
75 Development Consent
75.1 Conditional contract
Completion of this contract is subject to and conditional on the vendor obtaining the development consent on terms satisfactory to the vendor, acting reasonably on or before the development consent sunset date.
75.2 Vendor to use reasonable endeavours
The vendor must use reasonable endeavours to obtain the development consent before the development consent sunset date.
75.3 Notification of satisfaction of conditions
The vendor may serve notice on the purchaser within 21 days after the development consent sunset date whether or not the conditions in clause 75.1 have been satisfied.
75.4 Deemed satisfaction of conditions
If the vendor has not given notice under clause 75.2, the conditions in clause 75.1 will be deemed to have been satisfied and the contract will no longer be subject or conditional on the matters set out in clause 75.1
75.5 Failure to satisfy conditions
If the vendor does not obtain development consent by the development consent sunset date, vendor may rescind.
75.6 Developer may waive condition
The purchaser acknowledges that clause 75 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 75.1 after which the contract will be no longer subject to or conditional on the matters set out in clause 75.1
75.7 Extending conditions date
The vendor may, in the vendor’s absolute discretion, extend the development consent sunset date by serving notice for a maximum of twice for a period (or periods) not exceeding 12 months in total.
76 Stamp Duty
(a) The purchaser has made its own enquiries and investigations as to the stamp duty and must pay any stamp duty payable in connection with this contract, sale and transfer of the property.
(b) The purchaser indemnifies the vendor for any stamp duty in respect of this contract or the transfer of the property to the purchaser.
77 Confidentiality
(a) The purchaser:
(i) agrees that the negotiations of the parties relating to the transaction contemplated by this contract and the subject matter and terms and evidence of this contract (including information which is identified as being confidential) must be kept confidential by the purchaser and may only be disclosed by the purchaser as required by law, to the office of Land Registry Services or to its professional advisers or financiers on the condition that they agree to be bound by the terms of this clause;
(ii) acknowledges that damages will not be a sufficient remedy for any breach by the purchaser of this clause 77 and that the vendor will be entitled to injunctive relief in respect of any actual or threatened breach of this clause 77 by the purchaser; and
(iii) indemnifies the vendor against all claims, damages, losses or expenses incurred directly or indirectly as a consequent of any breach of this clause 77 by the purchaser.
(b) This clause 77 does not merge on completion or termination of this contract.
78 Electronic signature
(a) The parties consent to this contract being signed by or on behalf of a party by an Electronic Signature.
(b) Where the contract under clause 78(a) is Electronically Signed by or on behalf of a party, the party warrants and agrees that the Electronic Signature has been used to identify the person signing and to indicate that the party intends to be bound by the Electronic Signature.
(c) If required by either party, each party must upon request promptly deliver a physical counterpart of this contract with the handwritten signature or signatures of the party, but a failure to comply with the request does not affect the validity of this contract.
(d) For the purposes of this clause 78, Electronic Signature means a digital signature or a visual representation of a person’s handwritten signature or mark which is placed on a physical or electronic copy of this document by electronic or mechanical means including using Docusign (electronic signature software and platform located at http://www.docusign.com), and Electronically Signed has a corresponding meaning.
(e) The parties are bound by the Electronic Transactions Act 2000 (NSW) and any terms and conditions of Docusign (if used) in relation to the execution of this contract.
(f) This contract constitutes an original document in an electronic format.
This is the approved form for the purposes of s66ZM of the Conveyancing Act 1919.
VENDOR Australand Residential Edmondson Park Pty Limited
[insert]
PROPERTY
TITLE STRUCTURE
Will the lot be a lot in a strata scheme?
Will the lot also be subject to a Strata Management Statement or Building Management Statement?
Will the lot form part of a community, precinct or neighbourhood scheme?
DETAILS
Completion
No
No
No
Yes
Yes
Yes If Yes, please specify scheme type: community scheme
If at the contract date, the community plan has not been registered, than the later of:
(a) 15 business days after service of notice of registration of the community plan and a copy of that registered plan and any other documents registered with that plan;
Refer to clause(s):
draft
(b) 10 business days after service of a copy of the occupation certificate; and
(c) 20 business days after the date of the contract.
If at the contract date the community plan has been registered, the later of:
(a) 10 business days after service of a copy of the occupation certificate; and
(b) 20 business days after the date of the contract.
Clauses 15 and 33.1
Is there a sunset date? No Yes
Can this date be extended? No Yes
Refer to clause(s):
Clause 35 – Sunset Date
Clause 74 – Finance Approval
Clause 75 – Development Consent
Does the purchaser pay anything more if they do not complete on time?
No
Yes
Provide details, including relevant clause(s) of contract:
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?
No
Yes
Development Approval No:
No
Yes
Provide details:
No
Yes
Provide details, including relevant clause(s) of contract:
Clause 36.1 - $300 (plus GST) if a notice to complete is served by the vendor to the purchaser. Clause 36.2 – daily interest at the interest rate per annum (10%) calculated daily from and including the date for completion to but excluding the actual day of completion.
Clause 74.9 - $250 (plus GST) if there is a change to electronic settlement date or settlement figures requested by the purchaser.
Development application no. DA-114/2024 has been lodged at Council but as at the date of the contract, approval has not been obtained. See clause 75.
McKenzie Group Consulting Pty Ltd
Clause 35.1 and clause 35.3 – Subject to complying with s 66ZS of the Conveyancing Act, the vendor can rescind if any of the community plan, community plan instrument, community management statement or community development statement are not registered by the Sunset Date (as may be extended under clause 35.4).
Clause 74 – The vendor can rescind if the vendor does not obtain finance approval and achieve presales by the conditions sunset date (as may be extended under clause 75.8).
Clause 75 – The vendor can rescind if the vendor does not obtain development approval and achieve presales by the development consent sunset date (as may be extended under clause 75.7).
ATTACHMENTS (s66ZM(2) of the Conveyancing Act 1919)
The following prescribed documents are included in this disclosure statement (select all that apply).
draft plan
s88B instrument proposed to be lodged with draft plan
Instrument setting out terms of Easements or Profits á 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 8 Sheets)
Plan:
Full name and address of the owner of the land:
Number of item shown in the intention panel on the plan
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Australand Residential Edmondson Park Pty Ltd ACN 107 356 650 of Level 2, 1C Homebush Bay Drive, Rhodes, NSW
Part 1 (Creation)
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
Burdened lot(s) or parcel(s)
Benefited lot(s), road(s), bodies or Prescribed Authorities:
18, 26, 27
17, 19, 26, 27, 28
18, 20, 27, 28, 29
19, 21, 28, 29, 30
20, 22, 29, 30,31
21, 23, 30, 31, 32
22, 24, 31, 32, 33
23, 25, 32, 33, 34 24, 33, 34 17, 18, 27
17, 18, 19, 26, 28
18, 19, 20, 27, 29
19, 20, 21, 28, 30
Plan:
Number of item shown in the intention panel on the plan
(Sheet 2 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
Burdened lot(s) or parcel(s) Benefited lot(s), road(s), bodies or Prescribed Authorities:
Number of item shown in the intention panel on the plan
(Sheet 3 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
or
Number of item shown in the intention panel on the plan
(Sheet 4 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
lot(s) or
or
Number of item shown in the intention panel on the plan
(Sheet 5 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
or
or
Number of item shown in the intention panel on the plan
(Sheet 6 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
lot(s) or
or Prescribed
Number of item shown in the intention panel on the plan
(Sheet 7 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
Burdened lot(s) or parcel(s)
Benefited lot(s), road(s), bodies or Prescribed Authorities:
Plan:
Number of item shown in the intention panel on the plan
(Sheet 8 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Identity of easement, profit à prendre, restriction or positive covenant to be created and referred to in the plan
14. Easement to Access and Use
Park
Burdened lot(s) or parcel(s)
Benefited lot(s), road(s), bodies or Prescribed Authorities:
Part 2 (Terms)
In this Instrument, unless the context otherwise requires:
Act means the Community Land Development Act 2021 (NSW) as amended or varied.
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 a Community Association, each registered proprietor of a lot in that Community Scheme, and any occupier or lessee of that lot as authorised by the Community Association;
(b) the Grantee’s tenants, employees, agents, contractors and licensees; and
(c) where the Grantee is an Authority Benefited, the officers, servants, agents and workmen of the Authority Benefited, members of the public and any other person authorised by the Authority Benefited to exercise its rights or comply with its obligations under this Instrument.
Plan:
(Sheet 9 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Community Association means a Community Association created on registration of a Community Plan.
Community Plan means a community plan registered under the Act.
Community Scheme means a community scheme created on registration of a Community Plan.
Council means Liverpool City Council or its successor.
Easement includes any easement, covenant, positive covenant or restriction on use created in this Instrument.
Easement Site in relation to an Easement, means:
(a) the site of the Easement identified in the Community Plan;
(b) all items within the site of an Easement identified in the Community Plan which are the subject of an Easement.
Grantee means:
(a) the registered proprietor of a Lot Benefited; and
(b) an Authority Benefited.
Grantor means the registered proprietor of a Lot Burdened.
Instrument means this s88B instrument.
Laws means the requirements of all statutes, rules, regulations, proclamations, ordinances and by-laws present or future.
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.
Services includes supply of water, gas, electricity, telephone and discharge of sewage, sullage and other fluid wastes and any services for stormwater drainage, potable water, together with all service meters, meter boards and hot water heaters.
The word “includes” in any form is not a word of limitation.
1 Terms for Easement for Support and Shelter (Whole of Lot) numbered 1 in the Plan
1.1 The Grantor grants to the Grantee and its Authorised Users the right for subjacent and lateral support and shelter in any direction of those parts of the building or other improvements now or in the future erected or constructed on the Lot Benefited by those parts of the Lot Burdened and any structures erected or constructed on the Lot Burdened as are capable of
Plan:
(Sheet 10 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
affording or reasonably intended to provide that support and shelter.
1.2 The Grantor must maintain the support to that part of the Lot Burdened which is capable of affording support to the Lot Benefited at all times by, amongst other things, ensuring that the support is regularly inspected, maintained, repaired and kept in a sound structural condition.
2 Terms for Easement for Services (Whole of Lot) numbered 2 and Easement for Services (F) numbered 10 in the Plan
2.1 The Grantee and its Authorised Users may:
(a) provide Services supplied by the Grantee or its Authorised Users through each Lot Burdened, but only to the extent necessary to provide the Services; and
(b) do anything reasonably necessary for that purpose, including:
(i) entering the Lot Burdened;
(ii) taking anything onto the Lot Burdened; and
(iii) carrying out work, such as constructing, placing, repairing or maintaining pipes, poles, wires, cables, conduits, structures and equipment.
2.2 In exercising the powers granted under this Easement, the Grantee and its Authorised Users must:
(a) ensure that all work is done properly;
(b) cause as little damage as is practicable to the Lot Burdened and any Improvement on it;
(c) restore the Lot Burdened as nearly as is practicable to its former condition;
(d) make good any collateral damage; and
(e) cause as little inconvenience as is practicable to the Grantor and any occupier of the Lot Burdened.
2.3 In this Easement, an Authorised User includes an Authority that requires or wishes to carry out works in connection with the Services, including but not limited to constructing, placing, repairing, modifying or maintaining any Services it supplies through each Lot Burdened for the benefit of the Lots Benefitted.
3 Terms for Easement for Roof Access and Maintenance (Whole of Lot) numbered 3 in the Plan
3.1 The Grantee and its Authorised Users may, without vehicles (unless consented to by the
Plan:
(Sheet 11 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Grantor, or in the case of emergency)
(a) pass across each Lot Burdened, but only within the Easement Site, to get to or from the Lot Benefited for the purpose of accessing the roof of the Lot Benefited for maintenance purposes; and
(b) do anything reasonable for that purpose, including:
(i) entering the Lot Burdened; and
(ii) taking anything on to the Lot Burdened.
3.2 In exercising the powers granted under this Easement, a Grantee must:
(a) cause as little inconvenience as is practicable to the Grantor and any occupier of the Lots Burdened;
(b) cause as little damage as is practicable to the Lots Burdened and any Improvement on it; and
(c) make good any collateral damage.
3.3 Except when urgent work is required, the Grantee must:
(a) give the Grantor or its nominee reasonable notice of intention to enter the Lot Burdened;
(b) only enter the Lot Burdened during times reasonably agreed by the Grantor; and comply with the reasonable directions of the Grantor.
4 Terms of Easement for Overhang numbered 4 in the Plan
4.1 An Easement for Overhang on the terms as set out in Part 10 of Schedule 8 of the Conveyancing Act 1919 as amended.
5 Terms of Easement to Drain Roof Water (B) and Easement numbered 5 and Easement to Drain Roof Water (B1) (Limited in Stratum) numbered 13 in the Plan
5.1 The Grantee and its Authorised Users may have the full and free right from time to time and at all times to drain roof water in any quantities across and through the Lot Burdened, together with the right to use, for the purposes of this Easement, any line of pipes already laid within the Lot Burdened for the purpose of draining water or any pipe or pipes in replacement or in substitution of.
Plan:
(Sheet 12 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
5.2 The Grantee and its Authorised Users may, with any tools, implements, or machinery, necessary for the purpose, enter upon the Lot Burdened and remain there for any reasonable time for the purpose of inspecting, cleaning, repairing, maintaining, renewing or replacing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the Lot Burdened to such extent as may be necessary provided that the Grantee and its Authorised Users
5.3 In exercising the powers granted under this Easement, a Grantee must:
(a) take all reasonable precautions to ensure as little disturbance as possible to the surface of the Lot Burdened; and
(b) restore that surface as nearly as practicable to its original condition.
5.4 Except when urgent work is required, the Grantee must:
(a) give the Grantor or its nominee reasonable notice of intention to enter the Lot Burdened;
(b) only enter the Lot Burdened during times reasonably agreed by the Grantor; and comply with the reasonable directions of the Grantor.
6 Terms of Easement to Drain Sewage Over Existing Line of Pipes (C) (Approximate Position) numbered 6 in the Plan
6.1 The Grantee and its Authorised Users may have full and free right from time to time and at all times by means of pipes to drain sewage and other waste material and fluid (or water supply) in any quantities across and through the Lot Burdened together with the right to use, for the purpose of the easement, any line of pipes already laid within the servient tenement for the purpose of draining sewage or supplying water or any pipe or pipes in replacement or in substitution of.
6.2 The Grantee and its Authorised Users may, with any tools, implements, or machinery, necessary for the purpose, enter upon the Lot Burdened and remain there for any reasonable time for the purpose of inspecting, cleaning, repairing, maintaining, renewing or replacing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the Lot Burdened to such extent as may be necessary provided that the Grantee and its Authorised Users.
6.3 In exercising the powers granted under this Easement, a Grantee must:
Plan:
(Sheet 13 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
(a) take all reasonable precautions to ensure as little disturbance as possible to the surface of the Lot Burdened; and
(b) restore that surface as nearly as practicable to its original condition.
6.4 Except when urgent work is required, the Grantee must:
(a) give the Grantor or its nominee reasonable notice of intention to enter the Lot Burdened;
(b) only enter the Lot Burdened during times reasonably agreed by the Grantor; and comply with the reasonable directions of the Grantor.
Name of Authority whose consent is required to release vary or modify easement numbered 6 in the Plan is Liverpool City Council.
7 Terms of Easement to Drain Roof Water Over Existing Line of Pipes (D) (Approximate Position) numbered 7 in the Plan
7.1 Subject to clause 7.2, the Grantee and its Authorised Users may:
(a) use the existing line of pipes in the Lot Burdened as at the date of registration of the Community Plan (which the Grantor acknowledges is and will remain the property of the Grantee), or any replacement of such pipes constructed within the Easement Site effected in accordance with the terms of this Easement (which the Grantor acknowledges is and will remain the property of the Grantee) for the purpose of draining water through each Lot Burdened, but only within the Easement Site; and
(b) do anything necessary for that purpose including:
(i) entering the Lot Burdened;
(ii) taking anything onto the Lot Burdened; and
(iii) carrying out work, such as constructing, placing, repairing or maintaining pipes and equipment.
7.2 In exercising those powers, the Grantee must:
Plan:
(Sheet 14 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
(a) ensure all work is done properly;
(b) cause as little inconvenience as is practicable to the Grantor and any occupier of the Lot Burdened;
(c) cause as little damage as is practicable to the Lot Burdened and any Improvement on it;
(d) restore the Lot Burdened as nearly as is practicable to its former condition; and
(e) make good any collateral damage.
7.3 Except when urgent work is required, the Grantee must:
(a) give the Grantor or its nominee reasonable notice of intention to enter the Lot Burdened;
(b) only enter the Lot Burdened during times reasonably agreed by the Grantor; and
(c) comply with the reasonable directions of the Grantor.
7.4 Where the Grantee enters the Lot Burdened for the purposes of carrying out urgent work, the Grantee must notify the Grantor of that entry as soon as it is practicable to do so.
8 Terms of Easement for Access and Maintenance (E) and (E1) numbered 8 and 9 in the Plan
8.1 Subject to clause 8.2, the Grantee may:
(a) access the Lot Burdened for the purpose of carrying out maintenance and repair works on the air conditioning system located in the Easement Site; and
(b) do anything reasonably necessary for that purpose, including:
(i) entering the Lot Burdened;
(ii) taking anything on to the Lot Burdened; and
(iii) carrying out necessary works.
8.2 In exercising the rights under clause 8.1, the Grantee must:
Plan:
(Sheet 15 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
(a) ensure that all works to the air conditioning system are carried out as quickly as practicable;
(b) cause as little inconvenience as is practicable to the owner and any occupier of the Lot Burdened;
(c) cause as little damage as is practicable to the Lot Burdened and any improvement on it;
(d) restore the Lot Burdened as nearly as is practicable to its former condition; and
(e) make good any collateral damage.
Name of authority empowered to release, vary or modify easement, profit á prendre, restriction, or positive covenant numbered 8 and 9 in the Plan.
Council
9 Terms of Temporary Access (G) numbered 11 in the Plan
9.1 Subject to clauses 9.2 to 9.4 (inclusive), a right of carriageway within the meaning of Schedule 8 Part 1 of the Conveyancing Act 1919.
9.2 Until such time as the rights under this Easement terminate pursuant to paragraph 9.4, the Authority Benefitted is the only Authority empowered to release, vary or modify this Easement.
9.3 The rights under this Easement terminate on the date 7 years after registration of the Community Plan (Sunset Event) and on and from that date this easement is extinguished without further assurance.
9.4 Upon satisfaction of the Sunset Event and upon request by the owner of the Lot Burdened or the Authority Benefited, the owner of the Lot Burdened and the Authority Benefited must do all things necessary to remove the record of this Easement from the title of the Lot Burdened.
Name of authority empowered to release, vary or modify easement, profit á prendre, restriction, or positive covenant numbered 11 in the Plan.
Council
10 Terms of Easement for Underground Cables 3 Wide (H) numbered 12 in the Plan
10.1 An Easement for Underground Cables on the same terms set out in Memorandum No AK104616 registered at NSW Land Registry Services are incorporated into this document, with Memorandum No AK104616 amended as follows:
Plan:
(Sheet 16 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
(a) by deleting clause 1.3 and replacing it with ‘1.3 Epsilon Distribution Ministerial Holding Corporation means Epsilon Distribution Ministerial Holding Corporation ABN 59 253 130 878 and its successors (who may exercise its rights by any persons authorised by it’; and
(b) by replacing the words “Endeavour Energy” with “Epsilon Distribution Ministerial Holding Corporation”.
Name of authority empowered to release, vary or modify easement, profit á prendre, restriction, or positive covenant numbered 12 in the Plan.
Epsilon Distribution Ministerial Holding Corporation
[Drafting Note: easement terms to be confirmed by Endeavour Energy]
11 Terms of Easement to Access and Use Local Park] numbered 14 in the Plan
11.1 The Grantee and its Authorised Users may enter, pass and repass over that part of the Lot Burdened reasonably necessary at any time by foot for the purpose of accessing the Local Park located within the Lot Burdened on the terms which the Grantee is entitled to use under any agreement between the Lot Burdened and Lot Benefited and any Laws.
11.2 In exercising the rights granted under this Easement, a Grantee must:
(a) cause as little inconvenience as is practicable to an owner and any occupier of the Lots Burdened;
(b) cause as little damage as is practicable to the Lots Burdened and any improvement on it;
(c) restore the Lot Burdened as nearly as is practicable to its former condition; and
(d) make good any collateral damage.
[Drafting Note: If this easement is not created on this community plan, it will be created on a future community plan of subdivision once the Local Park is constructed]
Plan:
(Sheet 17 of 17 Sheets)
Subdivision of Proposed Lots 15 & 16 D.P 10303736, Proposed lot 21 in DP1303818 and lots 23-30 & 33-34 in DP1304407 covered by Subdivision Certificate No: dated:
Executed by Australand Residential Edmondson Park Pty Ltd ACN 107 356 650 in accordance with section 127 of the Corporations Act 2001 (Cth):
Signature of Director:
Signature of Secretary/Director:
Name of Director:
Name of Secretary/Director:
Approved Form 28
Community Land Management Act, 2021
Community Land Development Act, 2021
Community Management Statement
WARNING
The terms of this Management Statement are binding on the Community Association, each subsidiary body within the Community Scheme and each person who is an Owner, lessee, occupier or mortgagee in possession of a community development lot, precinct development lot, neighbourhood lot or strata lot within the Community Scheme.
Community Management Statement
“Ed Square – RP2” (Residential Precinct 2)
Definitions
A. Statutory Definitions
A word has the meaning given to it by a definition in the Community Titles Legislation if:
(a) it is defined in the Community Titles Legislation; and
(b) used but not defined in this Management Statement.
B. Further Definitions
In this ManagementStatement these terms (in any form) mean:
“Access Way Plan” the diagram showing the access ways forming part of this Management Statement;
“Annual General Meeting” an annual general meeting of the Community Association other than the first annual general meeting;
“Architectural Code” means the architectural code for Ed Square – Residential Precinct 2 in Schedule 1;
“
“CCTV Security System” means the CCTV security system and remote monitoring system for the Community Parcel which is the subject ofBy Law 19 of this Management Statement;
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“Community Association” the community association constituted on registration of the Community Plan;
“Community Development Lot" has that meaning given to the term in the Community Titles Legislation;
“Community Parcel" the land the subject of the Community Scheme;
“Community Plan" the community plan registered with this Management Statement;
“Community Property" means lot 1 in the Community Plan and includes all items and structures within the Community Property including:
(a) the Open Access Ways;
(b) the Local Park;
(c) the Pocket Parks;
(d) the Gateway Park;
(e) the Linear Parks;
(f) Lighting;
(g) bollards;
(h) street furniture;
(i) vegetation;
(j) fencing;
(k) pathways;
(l) services that are the responsibility of the Community Association under by-law 11.3;
(m) stormwater drainage; and
(n) signage;
“Community Scheme" the community scheme constituted on registration of the Community Plan;
“Community Titles Legislation" the Development Act and the Management Act;
“Council" Liverpool City Council or its successors;
“Developer" Australand Residential Edmondson Park Pty Ltd ACN 107 356 650 and includes any assignee or person nominated by the Developer;
“Development Act" the Community Land Development Act 2021 (NSW);
“Development Activities" any work which the Developer and all persons authorised by the Developer must do to complete any development on the Community Parcel and surrounding areas and infrastructure as required under a Development Consent including:
(a) any form of demolition work, building work and work ancillary to or associated with building work on the Community Parcel;
(b) the installation of Services;
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(c) any form of landscaping work or work ancillary to or associated with landscaping work on the Community Parcel;
(d) carrying out developmentin stages;
(e) construction of Open Access Ways, other ingress and egress points or roads;
(f) any form of work which the Developer, acting reasonably, considers is necessary or desirable;
(g) the subdivision or consolidation of land forming part of the Community Parcel by any means;
(i) the exercise of any right or discretion given to the Developer under this Management Statement;
“Development Consent" the development consents issued by Council as amended from time to time, or any development consent in substitution either in whole or in part of the subject matter of that development consent that permits the Developer to carry out the Development Activities; [Drafting note: definition to be reviewed and potentially revised before registration to refer to any specific development consents.]
“Ed Square" the development known as “Ed Square” which this Community Scheme, “Ed Square RP2” forms part of;
“Excluded Dog” means:
(a) a large size dog thatweighs more than 20kg when fully grown;
(b) a dog that is vicious, aggressive, noisy or difficult to control;
(c) a dog that is not registered under the Companion Animals Act 1998 (NSW); or
(d) a dangerous or nuisance dog under the Companion Animals Act 1998 (NSW);
“Executive Committee" the executive committee of the Community Association as constituted or elected under this Management Statement and the Management Act;
“External Appearance” means the appearance of any external surface of a Lot or Ed Square –Residential Precinct 2 which is visible from outside the Lot or Ed Square – Residential Precinct 2;
“External Appearance Works” means any works which affect the External Appearance;
“Gateway Park” means all public open spaces on the Community Property on the corner of Soldiers Parade and General Boulevard;
“Garbage Bin" includes a bin or receptacle for garbage and garden refuse and any other types of bins or receptacles Council requires Owners or Occupiers or the Community Association to use;
“General Meeting" an annual general meeting or a special general meeting of the Community Association;
“Government Agency" a governmental or semi-government, administrative, fiscal or judicial department or entity, a statutory authority or the Council;
“GST Law" means A New Tax System (Goods and Services Tax Act 1999) (Cwlth) and any other legislation or regulation which imposes levies, implements or varies a GST and any applicable ruling issued by the Commissioner of Taxation;
“InitialPeriod" the meaning given to the term “initial period” in the Management Act;
“Law" includes:
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(a) the provisions of a statute, rule, regulation, proclamation, ordinance or by-law, present or future, whether state, federal or otherwise; and
(b) a requirement, notice, order or direction received from or given by a statutory, public or other competent authority;
“Lighting" means the street lighting located within the Open Access Way;
“Linear Parks” means the narrow pedestrian and cycle connections between homes on Community Property within the Community Scheme;
“Local Park” means that part of the Community Scheme comprising a park located [insert] and subject to By Law 7; [Drafting note: As disclosed in clause 37.33 of the Contract for Sale, the location of the Local Park may change depending on whether the Local Park is constructed on lot 17 in Preliminary Plan 2 or lot 20 in Preliminary Plan 3. This definition to be completed prior to registration of this Management Statement with a description of the final location.]
“Local Park Easement” ; [Drafting note: the particulars to this easement to be inserted once the arrangements regarding the Local Park are finalised.]
“Lot" a lot in the Community Plan that is not:
(a) Community Property, a public reserve or a drainage reserve; or
(b) severed from the Community Scheme;
“Management Act" the Community Land Management Act 2021 (NSW);
“Management Statement" this community management statement;
“Managing Agent" an agent appointed under section 50 of the Management Act;
“Occupier" any person in lawful occupation of a Lot;
“Open Access Way" the open access ways shown on the Access Way Plan which are or will be constructed on lot 1 in the Community Plan;
“Other Parks” means Gateway Park, Linear Parks and the Pocket Parks;
“Other Vehicle" includes a boat, trailer, caravan, car or any other towable item, but excludes motor vehicles;
“Owner" a person for the time being recorded in the register as entitled to an interest in fee simple in a Lot;
“Permitted Person" a person on the Community Parcel with the express or implied consent of an Owner or Occupier or the Community Association;
“Pocket Park” means the pocket parks on Community Property within the Community Scheme;
“Proposed Neighbouring Community Association” the proposed community association to be created on subdivision lot 3 in DP1264016;
“Recycling Bin" means a bin or receptacle for recycling which Council requires you or the Community Association to use;
“Rules" the rules made under this Management Statement;
“Service":
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(a) the supply of water, solar or electricity;
(b) the provision of sewerage and drainage;
(c) transmission by telephone, radio, television, satellite or other means;
(d) the provision of security systems; and
(e) any other facility, supply or transmission;
“Service Contract" has the meaning given to that term in by-law 24.4;
“Service Line" a pipe, wire, cable, duct, solar panel, conduit or pole by means of which a Service is, or is to be, provided;
“Service Provider" is a statutory body or Government Agency that provides a Service;
“Services Plan" the prescribed diagram included in this Management Statement showing the Services forming part of this ManagementStatement under By Law 11;
“Tax Invoice" means a tax invoice prepared according to GST law;
“Waste Collection Points Plan” the plan showing the bin collection area forming part of this Management Statement; and
“Works":
(a) a change to any building;
(b) a change to any landscaping;
(c) the construction of a new building or buildings; and
(d) the erection of or a change to signs, placards, banners, notices or advertisements, within the Community Parcel but excludes:
(e) Development Activities; and
(f) internal refurbishment to a building within a Lot.
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Interpretation
A. Construction
In this ManagementStatement a reference to:
(a) the singular includes the plural and vice versa;
(b) any gender includes all other genders;
(c) other parts of speech and grammatical forms of a defined word or phrase have a corresponding meaning;
(d) a month or monthly means calendar month or calendar monthly;
(e) a quarter means calendar quarter;
(f) a person includes:
(1) a corporation, partnership, joint venture and government body;
(2) the legal representatives, successors and assigns of that person; and
(3) where the context permits, the employees, agents, contractors and invitees of that person;
(g) a document includes a reference to that document as amended or replaced;
(h) a thing includes a part of that thing and includes a right;
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(i) a by-law, attachment or annexure, means a by-law, schedule of, or an attachment or annexure to this ManagementStatement;
(j) a Law includes all Laws amending, consolidating or replacing them;
(k) a document is a reference to a document of any kind including an agreement in writing, a certificate, a notice or an instrument;
(l) a provision of this Management Statement is not to be construed against a party solely on the ground that the party is responsible for the preparation of this Management Statement or a particular provision;
(m) an asset includes all property of any nature including a business, a right, a revenue and a benefit;
(n) a body or authority means, if that body or authority has ceased to exist, the body or authority which then serves substantially the same objects as that body or authority;
(o) the president of a body or authority means, in the absence of a president the senior officer of the body or authority or any other person fulfilling the duties of the president;
(p) "$", "A$", "Australian dollars" or "dollars" is a reference to the lawful tender of the Commonwealth of Australia; and
(q) "including" and similar expressions are not words of limitation.
B. Parties bound jointly and individually
A covenant, representation, warranty or an agreement between more than 1 person binds them jointly and severally.
C. Headings
(a) Headings and bolding are for guidance only and do not affect the construction of this Management Statement.
(b) The rights, powers and remedies provided in this Management Statement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Management Statement.
D. Severability
(a) If the whole or any part of a provision of a by-law is void, unenforceable or illegal:
(1) it is severed; and
(2) the remainder of these by-laws have full force and effect.
(b) This clause has no effect if the severance alters the basic nature of this Management Statement or is contrary to public policy.
E. Community Association Approval
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(a) An application for approval of the Community Association or the Executive Committee under this Management Statement must be made in writing.
(b) Subject to an express provision in this Management Statement, the Community Association and the Executive Committee may in their absolute discretion:
(1) give approval conditionally or unconditionally; or
(2) withhold their approval.
(c) Subject to an express provision in this Management Statement or any provision of the Community Titles Legislation, consents by the Community Association under this Management Statement may be given by:
(1) the Community Association at a general meeting; or
(2) the Executive Committee at an Executive Committee meeting.
F. Community Association Exercise of Rights
(a) The Community Association may exercise a right, power or remedy:
(1) at its discretion; and
(2) separately or concurrently with another right, power or remedy.
(b) A single or partial exercise of a right, power or remedy by the Community Association does not prevent a further exercise of that or of any other right, power or remedy.
(c) Failure by the Community Association to exercise or delay in exercising a right, power or remedy does not prevent its exercise later.
Part 1 By-Laws Fixing Details of Development
Amendments to by-laws
These by-laws concern the control and preservation of the essence or theme of the Community Scheme and may only be amended or revoked by a unanimous resolution of the Community Association (See section 17(2) of the Management Act).
By Law 1. Works Works
1.1 An Owner or Occupier must:
(a) ensure any Works are of at least the same quality as existing structures and landscaping within “Ed Square RP2” and Ed Square generally;
(b) will be in harmony with existing structures and landscaping in “Ed Square RP2” and Ed Square generally; and
(c) comply with By Law 1 and the Architectural Code.
1.2 Prior to the carrying out of any Works, a party must:
(a) obtain the necessary approvals of all relevant Authorities and, if applicable, the Community Association, under the Architectural Code;
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(b) comply with easements and covenants in relation to support and shared slabs for dwellings constructed on Lots;
(c) arrange with the Executive Committee a suitable time and means by which to access the area in which the Works are to be carried out;
(d) comply with the reasonable requirements of the Community Association about the time and means by which an, Owner or Occupier must access the Community Scheme to carry out the Works; and
(e) ensure that contractors and any other persons involved in carrying out the work comply with the reasonable requirements of the Executive Committee about the times and means by which they must access the Community Scheme to carry out the work.
1.3 During the carrying out ofany Works, a party must:
(a) ensure no damage to Service Lines or Services within the Community Scheme;
(b) ensure that the Works are carried out in a proper and workmanlike manner and in accordance with the Architectural Code;
(c) effect suitable insurances;
(d) ensure that Works to Service Lines or Services are carried out by a suitably qualified and experienced (and where appropriate, licensed) contractors and tradesmen;
(e) ensure the Works are carried out to the satisfaction of Council or other Government Agency;
(f) not leave building materials on surrounding properties or cause unreasonable disturbance to surrounding properties; and
(g) repair any damage caused to Community Property or the property of an Owner or Occupier as a result of the Works
Signs
1.4 The Developer is permitted to place signs, placards, banners, notices or advertisements within the Community Parcel while the Developer is carrying out Development Activities.
1.5 In addition to the consent of the Executive Committee, while the Developer is the registered proprietor of a Lot, an Owner or Occupier must not place any signs, placards, banners, notices or advertisements (including a for sale or for lease sign) on any Lot within the Community Parcel.
Window Coverings
1.6 To ensure the architectural integrity of the Community Scheme window coverings, including curtains, blinds, louvres, shutters and other window and door treatments must comply with the Architectural Code.
Community Association Rights
1.7 If an Owner or Occupier does not comply with this by-law, then the Community Association may exercise its rights under by-law 21.2.
Developer Rights
1.8 Nothing in this by-law:
(a) affects the rights of the Developer to carry out DevelopmentActivities; or
(b) imposes an obligation on the Developer to obtain consent under this by-law for the purposes of carrying out Development Activities.
Changing the Name
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1.9 The Community Association may change the name of “Ed Square RP2” only by unanimous resolution and with the consent of the Developer.
By Law 2. Maintenance
2.1 An Owner or Occupier must keep that Owner’s or Occupier’s Lot clean and tidy and in good repair and condition.
Exterior Maintenance
2.2 An Owner or Occupier of a Lot must carry out all maintenance and repairs to the exterior of any buildings on the Lot (unless such maintenance or repair is the responsibility of the Community Association):
(a) in a proper and workmanlike manner;
(b) promptly;
(c) in accordance with the Architectural Code; and
(d) to the reasonable satisfaction of the Community Association.
Landscaping
2.3 An Owner or Occupier of a Lot must maintain all landscaping within the Lot and in accordance with the Architectural Code.
2.4 The Community Association must maintain landscaping within the Community Property.
2.5 The Community Association must not remove or damage trees or plants located within Community Property and maintain such trees to a standard no less than the standard generally maintained in “Ed Square RP2”.
2.6 The Community Association must regularly mow, water and weed the area located within the Community Property such that it is kept to a standard no less than the standard generally maintained at “Ed Square RP2”.
Council direction or requirements
2.7 If required by Council:
(a) Owners and Occupiers must comply with Council’s requirements or directions for the rectification of landscaping within a Lot; and
(b) the Community Association must comply with Council requirements for the rectification of landscaping within Community Property.
Nature Strip
2.8 Owners and Occupiers must:
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(a) regularly mow, water and weed that part of the Council’s land not paved between the boundary of a Lot and the roadside kerb (Nature Strip) such that the Nature Strip is kept to a standard no less than the standard generally maintained in “Ed Square RP2”; and
(b) not remove or damage any trees located on the Nature Strip and maintain such trees to a standard no less than the standard generally maintained in “Ed Square RP2”.
Agreements with a landscaper
2.9 In addition to its powers under the Management Act, the Community Association has the power to enter into agreements with a landscaper to inspect and maintain landscaping within the Community Property.
Community Association to give notice
2.10 The Community Association may give a notice to an Owner or Occupier requiring an Owner or Occupier to comply with the terms of this by-law.
2.11 If an Owner or Occupier does not comply with this by-law, then the Community Association may exercise its rights under by law 21.2
Part 2 Restricted Community Property
By Law 3. Developer’s Rights over Community Property
Restricted Use Rights
3.1 To enable the Developer to carry out Development Activities, the Developer, so long as it is the Owner of a Lot, has restricted use rights over the Community Property on the terms of this By Law 3
End of Restricted Use Rights
3.2 Restricted use of a particular part of the Community Property and the Service Lines ceases when the Developer serves a notice on the Community Association informing the Community Association that Development Activities for a particular part of the Community Property have been completed.
3.3 Despite by law 3.2, restricted use of a particular part of the Community Property ceases when the Developer is no longer the Owner of any Lot.
Developer's Rights
3.4 The Developer has all rights necessary to enable the Developer to carry out the Development Activities including the right to:
(a) build and develop (including subdivision) “Ed Square RP2” in stages;
(b) unrestricted access by any means and at all times over Community Property;
(c) the use of any part of the Community Parcel to exercise rights under this by-law;
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(d) place on or attach to Community Property temporary offices, sheds, depots, building materials, cranes and other equipment;
(e) install, connect or alter Services on or within Community Property,
(f) lock or secure part of the Community Property, provided the Developer gives the secretary of the Community Association a key for the locked or secured area;
(g) attach and place marketing and advertising signs, placards, banners, notices or advertisements on the Community Parcel;
(h) use any Lot owned by the Developer as a display village, which may include a sales centre, display homes, car parking and the temporary closure of roads within the Community Parcel;
(i) the temporary closure of public roads as agreed with Council that are not owned by the Developer or the Community Association;
(j) use part of the Community Property as part of a display village and access into the display village in accordance with by-law 26;
(k) conduct sales and marketing activities on the Community Parcel;
(l) park motor vehicles and equipment on Community Property; and
(m) exercise the rights under this by-law at any time.
Developer's Obligations
3.5 The Developer must:
(a) repair any damage occurring to the Community Parcel as a result of Development Activities as soon as practicable after that damage occurs;
(b) keep interference with the use by Owners and Occupiers to a minimum so far as is consistent with the Development Activities;
(c) maintain any Community Property that the Developer has been given the exclusive right to use; and
(d) on completion of each part of the Development Activities, leave the relevant Community Parcel areas in a clean and tidy condition.
Development Activities
3.6 An Owner or Occupier acknowledges that, as a result of the Developer’s rights to carry out the Development Activities set out in this by-law, an Owner or Occupier may be subjected to noise and dust resulting from the Development Activities.
Rights of access for the Developer
3.7 The Developer may gain access to the restricted use areas through Community Property.
Hours of work
3.8 The Developer may carry out construction works:
(a) during the hours of 7.00am and 8.00pm on Mondays to Fridays;
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(b) the hours of 7.00am to 5.00pm on Saturdays; and
(c) as otherwise permitted under the Development Consent or by Council.
Sales display
3.9 The Developer may use any Lot it owns as a display village, which may include a sales centre, display homes, car parking and the temporary closure of roads within the Community Parcel, or the temporary closure of public roads as agreed with Council that are not owned by the Developer or the Community Association;.
No interference
3.10 The Community Association, owners and occupiers must not interfere with or prevent the Developer exercising its rights under this by law or under the Development Consent.
Maintenance
3.11 The Developer must maintain the Community Property for which the Developer has exclusive or restricted use rights under this by law.
Obligations of the Community Association
3.12 Subject to the obligations imposed on the Developer under this by law, the Community Association mustmaintain Community Property.
Costs of maintaining the Community Property
3.13 The Community Association must levy its members for the costs of maintaining the Community Property which is the subject of this by law, unless that cost is payable by the Developer under this by law.
Architectural Code
3.14 The Developer does not need to comply with and is not bound by the Architectural Code. This means that the Developer can carry out building and other works (including Development Activities) without being required to obtain consent from the Community Association to do so.
By Law 4. Not used
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Part 3 Mandatory Matters
By Law 5. Community Property
5.1 The Community Association is responsible for the control, management, operation, maintenance and repair of the Community Property.
5.2 An Owner or Occupier must obtain the written approval of the Community Association before that Owner or Occupier does any of the following to Community Property:
(a) leaves anything on Community Property;
(b) obstructs the use ofCommunity Property;
(c) uses any part ofCommunity Property for the Owner's or Occupier's own purposes;
(d) erects on Community Property any structure;
(e) attaches to Community Property any item;
(f) does or permits anything which might damage Community Property;or
(g) alters Community Property.
5.3 An Owner or Occupier must:
(a) give notice to the Community Association of any damage to or defect in the Community Property immediately after an Owner or Occupier becomes aware of any such damage or defect;
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(b) use anything on the Community Parcel only for purpose for which it was constructed or provided; and
(c) only use or enjoy the Community Property in a manner or for a purpose which does not interfere unreasonably with the use and enjoyment of the Community Property by another Owner or Occupier or a Permitted Person.
5.4 An Owner or Occupier must:
(a) not interfere with or damage the Community Property; and
(b) compensate the Community Association for any damage caused to the Community Property while that Owner or Occupier (or a Permitted Person on the Community Parcel with the consent of that Owner or Occupier) uses the Community Property.
5.5 This by-law is subject to the rights of the Developer under By Law 3
By Law 6. Open Access Ways
6.1 The terms of this by-law start when the restricted use rights granted underBy Law 3 end.
6.2 The Open Access Way is are available for use by Owners and Occupiers and Permitted Persons in accordance with this By Law 6
6.3 Subject to by law 6.5, the Community Association is responsible for the control, management and operation, maintenance and repair of the Open Access Way.
6.4 An Owner, Occupier or Permitted Person must:
(a) comply with all directions of the Community Association in relation to the Open Access Way;
(b) not park any motor vehicle or Other Vehicle within the Open Access Way;
(c) not place any item (including waste) on the Open Access Way;
(d) not do or omit to do any act that result or may result in damage or destruction to any part of the Open Access Way;
(e) not prohibit the use of the Open Access Way by other users; and
(f) not drive a motor vehicle:
(i) at any speed limit in excess of the speed limit determined by the Community Association (or as otherwise required by law) which at the date of registration of this Management Statement is 10km/h;
(ii) unless that motor vehicle is registered and the driver is licensed; and
(iii) that is too noisy or gives off excessive exhaust or fumes.
Third Party Agreements
6.5 Subject to by-law 6.6 the Community Association may enter into agreements with third parties in respect of the control, management, operation, maintenance and repair of the Open Access Ways (Open Access Way Agreement).
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6.6 While the Developer is the owner of a Lot in the Community Scheme, any Open Access Way Agreementmust be approved by the Developer.
Powers of the Community Association
6.7 In addition to its powers under the Management Act, the Community Association has the power to:
(a) impose a speed limit for the Open Access Way;
(b) install speed humps or other traffic control devices on the Open Access Way; and
(c) put up traffic signs on the Open Access Way and Community Property.
By Law 7. Local Park
7.1 The terms of this by-law start when the restricted use rights granted underBy Law 3 end.
7.2 The Local Park is available for use by:
(a) Owners and Occupiers, Permitted Persons in accordance with this By Law 7; and
(b) owners and occupiers of the Proposed Neighbouring Community Association in accordance with the Local Park Easement.
7.3 Subject to by law 7.5 and the terms of the Local Park Easement, the Community Association is responsible for the control, management and operation, maintenance and repair of the Local Park.
7.4 An Owner, Occupier or Permitted Person must:
(a) ensure that children are always supervised by an adult Owner or Occupier whilst in the Local Park;
(b) comply with all rules and directions of the Community Association in relation to the Local Park; and
(c) not prohibit the use of the Local Park by other users.
7.5 Subject to By-Law 7.6 the Community Association may enter into agreements with third parties, in respect of the control, management, operation, maintenance and repair of the Local Park (Local Park Agreement).
7.6 While the Developer is the owner of a Lot in the Community Scheme, any Local Park Agreement must be approved by the Developer.
Security keys/cards
7.7 Owners and Occupiers may be issued security keys/cards by the Community Association to access the Local Park.
7.8 Where a security key/card is required to access the Local Park, a maximum of 2 security keys/cards will be issued per dwelling.
7.9 Hours of access to the Local Park is between 7am to 9pm
Obligations of Owners and Occupiers
7.10 Where a security key/card is provided, an Owner, Occupier or other person authorised by the Community Association must:
(a) take all reasonable steps not to lose security keys/cards;
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(b) return security keys/cards to the Managing Agent if an Owner, Occupier or other person authorised by the Managing Agent does not need them or if an Owner or Occupier is no longer an Owner or Occupier in the Community Scheme; and
(c) notify the Managing Agent if an Owner or Occupier loses a security key/card.
7.11 An Owner or Occupier must not:
(a) copy a security key/card: or
(b) give a security key/card to someone who is not an Owner or Occupier.
7.12 If an Owner or Occupier loses a security key/card, the Managing Agent may replace the security key/card. The Owner or Occupier must reimburse the Managing Agent the actual cost of replacing any lost security keys/cards, including an administration fee as agreed by the Community Association for replacing the lost security keys/cards.
7.13 An Owner or Occupier may request an additional security key/card but must reimburse the Managing Agent the actual cost of the additional security key/card, including an administration fee as agreed by the Community Association for providing additional security keys/cards.
7.14 An Owner or Occupier must comply with instructions that the Managing Agent may make about security keys/cards and,in particular, instructions about recoding and returning security keys/cards.
7.15 The Community Association may make rules from time to time about issuing additional and replacement security keys/cards.
By Law 8. Other Parks
8.1 The Other Parks are available for use by Owners and Occupiers, Permitted Persons.
8.2 Subject to By law 8.4 the Community Association is responsible for the control, management and operation, maintenance and repair of the Other Parks
8.3 An Owner, Occupier or Permitted Person must:
(a) ensure that children are always supervised by an adult Owner or Occupier whilst in any of the Other Parks;
(b) comply with all rules and directions of the Community Association in relation to any of the Other Parks; and
(c) not prohibit the use of any of the Other Parks by other users.
8.4 Subject to By-Law 8.5 the Community Association may enter into agreements with third parties, in respect of the control, management, operation, maintenance and repair of any of the Other Parks (Other Park Agreement).
8.5 While the Developer is the owner of a Lot in the Community Scheme, any Other Park Agreement must be approved by the Developer.
By Law 9. Internal Fencing
External & Internal
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9.1 The Dividing Fences Act 1991 applies to any external and internal boundary fences erected within the Community Parcel.
9.2 Owners and Occupiers must comply with the provisions of the Architectural Code in relation to the maintenance of fencing to the boundary of the Lot.
Community Property Fencing
9.3 The Community Association is responsible for the maintenance and replacement of fencing of Community Property.
9.4 By-law 9.3 does not apply if a person using Community Property damages the fencing.
By Law 10. Garbage
10.1 Owners, Occupiers must sort, store and make garbage, waste materials and recyclable materials available for collection according to:
(a) instructions from Council;
(b) instructions from the Community Association; and
(c) this Management Statement.
Council prevails
10.2 Instructions by Council prevail to the extent of any inconsistency between them and instructions from the Community Association or this Management Statement.
Restrictions
10.3 Owners and Occupiers must not:
(a) deposit garbage or recyclables on Community Property; or
(b) put anything in the Garbage Bin or Recycling Bin of another owner or occupier without their consent.
Owner and Occupier obligations
10.4 Owners and Occupiers must:
(a) keep Garbage Bins and Recycling Bins in:
(i) any garbage receptacle area in the Lot allocated for the purpose of storing Garbage Bins and Recycling Bins; or
(ii) the garage or rear yard of a Lot;
(b) ensure that Garbage Bins and Recycling Bins cannot be seen from another Lot or Community Property;
(c) drain and securely wrap garbage before placing it in Garbage Bins and drain tins and bottles before putting them in Recycling Bins;
(d) ensure Garbage Bins and Recycling Bins are regularly cleaned and washed;
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(e) put Garbage Bins and Recycling Bins out for collection by Council at the front of that Owner or Occupier’s Lot on the public road verge, unless Council directs otherwise (or directs the Community Association to direct otherwise) to put Garbage Bins and Recycling Bins in a different area nominated by Council in which case Owners and Occupiers must comply with such a direction;
(f) put Garbage Bins and Recycling Bins out for collection not more than 12 hours before the time Council normally collects garbage and recycling from “Ed Square RP2”;
(g) return Garbage Bins and Recycling Bins to that Owner or Occupier’s Lot within 12 hours after Council collects garbage and recycling;
(h) arrange at the cost of the Owner or Occupier for garbage which Council will not collect as part of its normal garbage collection to be properly disposed of; and
(i) utilise Council’s household clean-up service for bulky waste in accordance with Council’s Domestic Waste Management Policy, a copy ofwhich is located on Council’s website Waste Collection Points Plan
10.5 Owners and Occupiers must place Garbage Bins and Recycling Bins out for collection by Council at the Waste Collection Point nominated in the Waste Collection Points Plan or as notified by the Community Association from time to time, unless Council directs otherwise (or directs the Community Association to direct otherwise) to put Garbage Bins and Recycling Bins in a different area nominated by Council.
By Law 11.Services
Sewerage
11.1 On registration of this Management Statement, it is intended to create a statutory easement according to section 37 of the Sydney Water Act 1994 (NSW) in respect of the sewerage Service Lines
11.2 Sydney Water must maintain the sewerage Service Lines
Statutory Services
11.3 This Management Statement includes a prescribed diagram in respect of the:
(a) stormwater drainage Service;
(b) electricity Service;
(c) potable water Service;
(d) recycled water Service; and
(e) telecommunication Services.
11.4 The Community Association is the provider of the Services set out in by-law 11.3, but only to those lots that are connected to Services by Service Lines owned by the Community Association
11.5 It is intended to create a statutory easement pursuant to section 36 Development Act in respect of the Services set out in by-law 11.3 shown on the Services Plan, with the Services Plan showing Services provided by the Community Association and the relevant authority.
11.6 The Council is not liable for the repair or maintenance of the Services set out in by-law 11.3 within the Lots or Community Property.
Repair and Maintenance of Services
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11.7 To the extent that responsibility for the cost of repair or maintenance from time to time of such Services is not borne or liable to be borne by the provider of such Services, such costs shall:
(a) in the event the requirements for repair or maintenance arises out of any act or omission by a Lot Owner, lessee or Occupier or his servant, agents or invitees, shall be borne by the Owner of the Lot concerned who shall indemnify and keep indemnified the other Lot Owners in the scheme and the Community Association in respect of such costs;
(b) in respect of the internal connections within Lots for Services of electricity, potable water supply, recycled water supply, telecommunications, sewerage and stormwater is the responsibility of the Owner of the Lot concerned; and
(c) in any other event shall be borne by the Community Association.
Obligation of the Community Association
11.8 The Community Association is responsible for and must maintain and repair the Services and associated Service Lines that itis responsible for providing as set outin by law 11.3
Obligation of Service Providers
11.9 Statutory Service Providers are responsible for and must maintain their Services and associated Service Lines to the extent required by law. Any damage to Council’s assets as a consequence of any maintenance performed by Service Providers will be repaired by the Council at the cost of the relevant Service Provider.
Works as Executed Plan
11.10 Service Lines are shown in the Services Plan.
Registering Another Works as Executed Plan
11.11 Service Lines may not have been installed in the position or positions shown on the Services Plan for “Ed Square RP2”. If this happens, owners must allow the Community Association to register another works as executed plan as an amendment to this Management Statement.
Basic Utility Services
11.12 In relation to basic utility services generally, as at the date of (and subject to) this Management Statement:
(a) Sydney Water and the Community Association supplies water and sewerage services to “Ed Square RP2” and each Lot;
(b) Endeavour Energy and the Community Association supplies electricity Services to “Ed Square RP2”;
(c) Opticomm supplies communication infrastructure to and from “Ed Square RP2”; and
(d) Council and the Community Association provide storm water drainage Services to “Ed Square RP2”
By Law 12. Insurance
12.1 The Community Association must take out insurances required under the Management Act including the following policies:
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(a) to cover damage to the Community Property and for death and bodily injury for which the Community Association could become liable in damages including on the Open Access Ways;
(b) against damages for which the Community Association could become liable because of work done by a voluntary worker;
(c) to cover accidental injury to, or accidental death of, a voluntary worker;
(d) in respect of any event against which it is required by law to insure, including any insurance required to be effected under the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW), and
(e) against the possibility of the members of the Community Association becoming jointly liable under a claim arising out of any other event against which the Community Association decides by special resolution to insure.
12.2 The Community Association may take out additional insurances in accordance with the Management Act.
12.3 The Community Association must review, on an annual basis:
(a) all of its insurance; and
(b) the need for new or additional insurances.
12.4 Notice of an Annual General Meeting must include a form of motion to decide whether the insurances of the Community Association should be confirmed, varied or extended.
12.5 If there is an increase in risk or a new risk to the Community Property then the Community Association mustimmediately:
(a) effect new insurances; or
(b) vary or extend existing insurances.
12.6 An Owner or Occupier must obtain the written approval of the Community Association before it does anything that might:
(a) void or prejudice the Community Association's insurance; or
(b) increase any insurance premium which the Community Association pays.
By Law 13. Executive Committee
Constitution
13.1 The Executive Committee must be established under the Management Act.
13.2 The officers of the Executive Committee are the secretary, treasurer and chairperson.
13.3 If an officer of the Executive has a conflict of interest on a matter, that officer must declare any pecuniary interests of conflicts of interest and not vote on that matter.
Functions of the Secretary
13.4 The functions of the secretary of the Executive Committee include:
(a) convening meetings of the Community Association and the Executive Committee;
(b) preparing and distributing minutes of meetings of the Community Association and the Executive Committee;
(c) giving a notice on behalf of the Community Association and the Executive Committee required to be given under the Management Act;
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(d) maintaining the Community Association roll;
(e) supplying certificates setting out details of insurances, contributions and other matters under part 10 of the Management Act;
(f) answering communications addressed to the Community Association or the Executive Committee;
(g) performing administrative or secretarial functions on behalf of the Community Association and the Executive Committee; and
(h) keeping records in accordance with the ManagementAct.
Functions of the Treasurer
13.5 The functions of the treasurer of the Executive Committee include:
(a) notifying members of the Community Association of contributions levied under the Management Act and collecting those contributions;
(b) receiving, acknowledging, banking and accounting for any money paid to the Community Association under this Management Statement or the Community Titles Legislation;
(c) preparing certificates providing details of contributions, insurances and other matters under the Management Act;
(d) keeping prescribed accounting records as required under the Management Act; and
(e) preparing financial statements as required under the Management Act.
Function of the Chairperson
13.6 The function of the chairperson is to preside at Community Association meetings and Executive Committee meetings at which the chairperson is present.
Sub-Committees
13.7 The Executive Committee may appoint one or more sub-committees comprising one or more of its members to:
(a) conduct investigations;
(b) perform duties and functions on behalf of the Executive Committee; and
(c) report the findings of the sub-committee to the Executive Committee.
No Remuneration
13.8 A member of the Executive Committee is:
(a) not entitled to any remuneration for the performance of that person's functions unless approved by an Unanimous Resolution of the Community Association at an Annual General Meeting; and
(b) entitled to reimbursement for reasonable out of pocket expenses incurred by that person in the performance of that person's functions.
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Protection of Executive Committee members from liability
13.9 A member of the Executive Committee is not liable for any loss or damage occurring by reason of an act done in that member's capacity as a member of the Executive Committee.
13.10 By-law 13.9 does not apply if a member is fraudulent or negligent.
By Law 14. Meetings
14.1 Subject to the provisions of the Management Act, the Executive Committee may:
(a) meet together for the conduct of business, adjourn and otherwise regulate its meetings as the Executive Committee thinks fit;
(b) make decisions on the day to day administration of the Community Association;
(c) make decisions in relation to applications for consent under this Management Statement;and
(d) subject to this Management Statement, regularly call a meeting of the Executive Committee.
Right of Owner to Attend Meetings
14.2 An Owner or, if the Owner is a corporation, the Owner’s nominee, may attend a meeting of the Executive Committee. That Owner may address the meeting only if the Executive Committee passes a resolution authorising the person to do so.
Meeting at Request of Members
14.3 At the request of not less than 1/3 of the members of the Executive Committee, the secretary must convene a meeting.
14.4 Subject to by-law 14.3, the secretary must convene the meeting within the period of time specified in the request.
14.5 The members must give the secretary more than 7 days to convene the meeting.
14.6 If no time is specified in the request, then the secretary must convene the meeting within 14 days of receiving the request.
14.7 If the secretary is absent, a member of the Executive Committee must convene the meeting.
Out of Meeting Determinations
14.8 Subject to clause 7(4) of part 3 of Schedule 2 of the Management Act, a resolution is valid as if it had been passed at a duly convened meeting of the Executive Committee even though the meeting was not held if:
(a) the person convening the meeting has observed this Management Statement and the Management Act;
(b) each member of the Executive Committee has been served with a copy of a motion for a proposed resolution to be submitted at the meeting; and
(c) the resolution has been approved in writing by a majority of members of the Executive Committee.
Notices and Minutes of Meetings
14.9 Before each Executive Committee meeting, the Executive Committee must prepare an agenda for the meeting. This agenda must list the business that the Executive Committee will deal with at the Executive Committee meeting.
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14.10 Atleast 72 hours before a meeting of the Executive Committee, the Executive Committee must:
(a) notify members of the Community Association of the meeting including details of the meeting; and
(b) provide each member of the Community Association with a copy of the agenda for the meeting.
14.11 If the Community Association has placed a notice board on Community Property, then the Executive Committee will have complied with by-law 14.10 if it ensures that the agenda and notice of the meeting are placed on the notice board at least 72 hours before the meeting.
14.12 The agenda mustlist the business that the Executive Committee will deal with at the meeting.
14.13 The secretary must ensure that:
(a) minutes of the Executive Committee are sent to each member of the Community Association within 7 days of the meeting; and
(b) that the following are properly kept:
(1) agendas and minutes of meetings of the Executive Committee;
(2) records of decisions of the Executive Committee; and
(3) records of notices.
14.14 If the secretary is absent, then the chairperson must ensure that the Executive Committee complies with by-law 14.13
By Law 15. Amounts Payable
15.1 An Owner mustpay:
(a) contributions levied under this Management Statement and the Community Titles Legislation when they fall due; and
(b) on demand any costs, charges and expenses of the Community Association incurred in connection with the contemplated or actual enforcement or preservation of any rights under this Management Statement in relation to the Owner or Occupier.
15.2 If a contribution or amount payable under this Management Statement or the Community Titles Legislation is not paid when due, then interest is payable under section 90 of the Management Act.
15.3 Nothing in this by-law prevents the Community Association from recovering any amount exceeding interest calculated under this by-law as a consequence of any amount not being paid when due.
15.4 A certificate signed by the Community Association, its Managing Agent or the secretary of the Executive Committee about a matter or a sum payable to the Community Association is prima facie evidence of:
(a) the amount; or
(b) any other fact stated in that certificate.
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Part 4 Optional Matters
By Law 16. Behaviour of Owners, Occupiers and Permitted Persons
16.1 An Owner or Occupier must not:
(a) obstruct lawful use of Community Property; or
(b) use language or behave in a manner likely to cause offence or embarrassment to an Owner or Occupier of another Lot or to a Permitted Person.
16.2 Owners or Occupiers are responsible to other Owners, Occupiers and the Community Association for:
(a) any noise which causes unreasonable disturbance;
(b) damage to or loss of property or injury to any person caused by any animal; and
(c) cleaning up after any animal.
Permitted Persons
16.3 An Owner or Occupier must take all reasonable steps to ensure that a Permitted Person complies with this Management Statement.
16.4 If an Owner or Occupier cannot comply with by-law 16.3, then that person must:
(a) withdraw the consent of the person to be on the Community Parcel; and
(b) request that person to leave the Community Parcel.
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16.5 If this Management Statement prohibits an Owner or Occupier from doing a thing, the Owner or Occupier must not allow or cause another person to do that thing.
16.6 An Owner or Occupier must compensate the Community Association for any loss or damage to the Community Parcel that is caused or contributed to by a Permitted Person on the Community Parcel with the consent of that Owner or Occupier.
By Law 17. Parking
Restrictions
17.1 An Owner or Occupier must not park a motor vehicle or Other Vehicle on the Community Property (including on community open accessways) other than in areas designated for parking and subject to any rules of the Community Association from time to time in relation to those parking spaces.
17.2 Owners and Occupiers must not:
(a) repair a motor vehicle or Other Vehicle on Community Property unless it is an emergency;
(b) use a parking space on any Lot to store any items or materials, unless the parking space is enclosed and not visible from the street or if the space is visible from the street, only if items and materials are kept tidy and not overflowing; or
(c) park an unregistered motor vehicle or Other Vehicle in any part of “Ed Square RP2”.
By Law 18. Keeping ofAnimals
Keeping of Animals
18.1 Subject to any laws, Owners and Occupiers may keep:
(a) domestic pets such as (but not limited to):
(i) fish in an indoor aquarium;
(ii) canaries, budgerigars or similar birds;
(iii) cats; and
(iv) dogs (other than an Excluded Dog), in a Lot; and
(b) a guide dog, hearing dog or other animal trained to assist to alleviate the effect of a disability if Owners and Occupiers or another person who lives with an Owner or Occupier needs a dog or other animal because of a visual disability, a hearing disability or any other disability, without first obtaining the consent of the Community Association.
Consent of Community Association
18.2 Subject to any Laws, Owners and Occupiers must have consent from the Community Association to keep any other types or numbers of animals not specified in by-law 18.1 in “Ed Square RP2”
Owner’s obligation
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18.3 In addition to an Owner complying with this by-law By Law 18, each Owner must ensure that an Occupier of their Lot complies with this by-law 18.1
Restrictions on keeping animals
18.4 (a) Owners and Occupiers must:
(i) register the animal with the Community Association and provide details of the animal including breed, sex, size, age, registration record, immunisation and photo;
(ii) ensure pets are kept within a Lot at all times unless restrained; and
(iii) ensure pets do not cause unreasonable disturbance or noise.
(b) In addition to this Management Statement, Owners and Occupiers must comply with the Development Consent, easements and all laws and requirements of Government Agencies regarding the keeping of animals.
Community Association can refuse consent
18.5 Subject to any laws, the Community Association will not give Owners and Occupiers consent to keep:
(a) a dog that is vicious, aggressive, noisy or difficult to control;
(b) a dog that is not registered under the Companion Animals Act 1998 (NSW); or
(c) a dangerous dog classified as such under the Companion Animals Act 1998 (NSW).
Controlling animals
18.6 Owners and Occupiers must ensure that any animal Owners and Occupiers keep under this by-law does not wander onto another Lot or Community Property.
18.7 If it is necessary to take an animal onto Community Property (e.g. to transport it) Owners and Occupiers must restrain it (e.g. by leash or pet cage) and control it at all times.
Conditions for keeping an animal
18.8 Subject to any laws, the Community Association may make conditions if it gives Owners and Occupiers consent to keep an animal.
Removal of animals
18.9 Subject to any laws, the Community Association has the right at any time to order Owners and Occupiers to remove animals (and revoke any consent to keep an animal) if:
(a) it becomes offensive, vicious, aggressive, noisy or a nuisance;
(b) Owners and Occupiers do not comply with obligations under this by-law By Law 18;
(c) Owners and Occupiers breach a condition made by the Community Association when it gave Owners and Occupiers consent to keep the animal; or
(d) a dog is a dangerous dog or is not registered under the Companion Animals Act 1998 (NSW).
Responsibilities
18.10 Owners and Occupiers are responsible to other owners and occupiers and people using Community Property for:
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(a) any noise that owner or occupier’s animal makes which causes unreasonable disturbance;
(b) damage to or loss of property or injury to any person caused by that owner or occupier’s animal; and
(c) cleaning up that owner or occupier’s animal.
Visitors
18.11 Owners and Occupiers must not allow visitors to bring animals into “Ed Square RP2” unless they are guide dogs, or hearing dogs (and those visitors are visually or hearing impaired) or other animals trained to assist to alleviate the effect of a disability if they need a dog or other animal because of a visual disability, a hearing disability or any other disability.
By Law 19. CCTV Security System
19.1 The CCTV Security System is intended to monitor selected public spaces and selected areas of Community Property within the Community Scheme, and will be managed by the Executive Committee.
19.2 The Executive Committee and the Managing Agent may review CCTV footage for the purpose of monitoring the public areas referred to in clause 19.1
19.3 The Executive Committee may from time to time to view the CCTV footage and must provide unrestricted access to New South Wales Police and Federal Police if and when required.
19.4 Members and their respective Owners and Occupiers are not permitted to review CCTV footage without the prior consent of the Executive Committee
19.5 The proper storage of footage is to be determined by the Executive Committee in accordance with the Privacy Act 1988 and other relevant Law.
By Law 20. Private Services
20.1 The Community Association may, on its own behalf:
(a) provide private Services to an Owner or Occupier;
(b) arrange for the installation and maintenance of proposed Service Lines for the provision of private Services;
(c) contract with any person to monitor or provide, in part or in whole, private Services; and
(d) contract with any person to assist the Community Association in relation to performance of obligations under by-laws in Part 5 of this Management Statement.
20.2 An Owner or Occupier must not do anything which interferes, obstructs access to, overloads or damages private Services.
20.3 An Owner or Occupier must immediately notify the Community Association of any damage to or the defective operation of any private Service.
20.4 Subject to section 60 of the Management Act, the Community Association and a person authorised by the Community Association may enter a Lot at all reasonable times to maintain, repair, alter, add to or increase the capacity of or renew private Services.
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By Law 21. CommunityAssociation’s Rights and Obligations
Contracts
21.1 The Community Association may, on its own behalf, contract with persons to provide:
(a) management, operational, maintenance and other services for Community Property;
(b) Services or amenities to the Owners or Occupiers; and
(c) Services or amenities to Community Property.
Remedy
21.2 The Community Association may do anything on a Lot:
(a) which should have been done by an Owner or Occupier under this Management Statement but which has not been done or has not been done properly; or
(b) to comply with this Management Statement, including remedying, removing or restoring anything on that Lot which is prohibited under this Management Statement.
21.3 If by-law 21.2 applies, the Community Association is entitled to:
(a) enter and remain on the Lot for as long as it is necessary; and
(b) recover any costs associated with carrying out works under this Management Statement from the Owner of the Lot.
Trading Activities
21.4 The Community Association may, for the purpose of exercising and performing its functions, carry on a business or trading activity.
21.5 If the Community Association carries on business or trading activity, then the Community Association:
(a) must pay into the capital works fund of the Community Association income derived by the Community Association from its business or trading activities;
(b) must estimate how much money the Community Association will need to credit to the capital works fund of the Community Association;
(c) must levy each member for a contribution to meet expenses associated with carrying on a business or trading activities; and
(d) may distribute any net profit derived by the Community Association from carrying on a business or trading activities in accordance with section 81 of the ManagementAct.
21.6 If the Community Association suffers a net loss from carrying on its business or trading activities, then the Community Association must impose a levy on each member for a contribution to the capital works fund in order to meet the amount of the netloss.
Not Liable for Damage
21.7 The Community Association is not liable for damage to or loss of property or injury to any person in or near the Community Parcel due to any cause.
21.8 By-law 21.7 does not apply if, the damage loss or injury follows the negligence or fraud of the Community Association or any employee or agent of the Community Association.
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Communications with Community Association
21.9 A person must forward complaints, notices or applications to or requests for consideration of matters by the Community Association in writing:
(a) to the Managing Agent of the Community Association; or
(b) if there is no Managing Agent, to the secretary of the Executive Committee.
By Law 22. Obligations of Owners and Occupiers
Compliance with Requirements, Orders and Notices
22.1 An Owner or Occupier must comply on time with:
(a) each requirement and order of each Government Agency;
(b) each Law for the Lot and the use or occupation of the Lot; and
(c) the terms of any notice displayed on Community Property by the Community Association, Service Provider or other relevant Government Agency.
Contractors
22.2 An Owner or Occupier may only directly or indirectly instruct agents, employees or contractors of the Community Association if the Community Association authorises the Owner or Occupier to do so.
Use
22.3 An Owner or Occupier must not do any of the following on either that Owner’s or Occupier's Lot or on the Community Parcel:
(a) engage in any illegal conduct or activity; or
(b) do anything that might damage the good reputation of the Community Scheme.
Lessees/Licensees
22.4 An Owner whose Lot is the subject of a lease or licence agreementmust:
(a) provide the lessee or licensee with a copy of this Management Statement; and
(b) take all reasonable steps, including any action available under the lease or licence agreement, to ensure that the lessee or licensee of the Lot and any person on the Community Parcel, with the consent express or implied of the lessee or licensee, complies with this Management Statement and any Rules.
Things done at Owner's or Occupier's cost
22.5 Anything which an Owner or Occupier is required to do under this Management Statement must be done at the cost of the Owner or Occupier.
Chemicals
22.6 Subject to by-law 22.7, Owners or Occupiers must not pour, drain or otherwise dispose of any chemicals or detergents into the drains or pipes that service that Owner or Occupier’s Lot if those chemicals or detergents cause, or are likely to cause, damage to the drains or pipes.
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22.7 Owners or Occupiers may pour, drain or otherwise dispose of chemicals or detergents into the drains or pipes that service Lot of those chemicals or detergents are general household or domestic chemicals or detergents used to properly maintain that Owner or Occupier’s Lot.
22.8 If Owners or Occupiers cause damage to drains or pipes after failing to comply with by-laws 22.6 or 22.7, Owners or Occupiers must on demand pay the Community Association the cost of repairing that damage.
By Law 23. Rules
23.1 The Community Association may make, and at any time add to, Rules for the control, management, operation, use and enjoyment of the Community Parcel and the Community Property.
23.2 The Rules must be consistent with:
(a) the Management Act;
(b) the Development Act;
(c) all Laws;
(d) this Management Statement (including Architectural Code); and
(e) the terms of the Development Consent.
23.3 The Rules bind an Owner, Occupier, mortgagee in possession of a Lot, lessee of a Lot and Permitted Persons.
By Law 24. Services Contracts
Entry during Initial Period
24.1 During the Initial Period, the Community Association may:
(a) enter into Service Contracts with one or more service providers; and
(b) take an assignment of the Service Contracts entered into by the Developer before the date of this Management Statement.
Disclosure of Terms
24.2 Each of the Service Contracts must be:
(a) for a term of no greater than 3 years; and
(b) for a fee notexceeding the market fee for the relevant service.
24.3 The effect of the Service Contracts is disclosed in this by-law for the purposes of section 122 of the Management Act.
Definitions
24.4 In this By Law 24:
"Service Contracts" means the contract or contracts entered into:
(a) on or after the date of this Management Statement between the Community Association and one or more service providers; and
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(b) before the date of this Management Statement between the Developer and one or more service providers for the provision of the following services:
(c) garbage collection services in respect of the Community Parcel; and
(d) maintenance, replacement and repair and other services in relation to the Community Property, Services Lines, Open Access Ways and Local Park.
By Law 25. GST
Amounts are exclusive of GST
25.1 Unless otherwise expressly stated, all amounts payable under or in connection with this management statement are expressed to be exclusive of any amount of GST.
Obligation to pay GST
25.2 Where GST is imposed on any supply made under or in connection with this management statement by one party (‘the supplying party’) to another party (‘the receiving party’) the receiving party must pay or provide the GST exclusive consideration for the supply and in addition to and at the same time as the GST exclusive consideration is payable or to be provided, an additional amount equal to the amount of GST liability of the supplying party. The supplying party must issue a Tax Invoice to the receiving party.
Differences in amounts
25.3 If the amount of GST recovered by the supplying party from the receiving party differs from the amount of GST payable at law by the supplying party (or an entity grouped with the supplying party for GST purposes) in respect of the supply, the amount payable by the receiving party to the supplying party will be adjusted accordingly.
Reimbursement
25.4 Where one party (payer) is liable to reimburse another party (payee) for any expenditure incurred by the payee (Expenditure) the amount reimbursed by the payer will be the GST exclusive Expenditure plus any GST payable to the payee by the payer under this by-law.
By Law 26. PublicArt Strategy
26.1 The Developer may install Artwork on the Community Property if required by the conditions of a Development Consent
26.2 If the Developer installs Artwork on the Community Property:
(a) the Community Association:
(i) is responsible for the proper repair and maintenance of the Artwork;
(ii) mustmaintain and keep in good order and repair the Artwork;
(iii) may make agreements with third parties about performing its obligations under this by law;
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(iv) must effect and maintain insurance for the Artwork protecting it from usual insurable risks against loss, damage or deterioration;
(v) must ensure the Artwork is cleaned, maintained and managed in accordance with appropriate measures using properly instructed, informed, skilled and experienced employees or contractors; and
(vi) must not remove the Artwork unless itis temporarily removed for maintenance or cleaning, or being replaced by another Artwork;
(b) the Owners and Occupiers of Lots must not cause any damage to, or if the Artwork is not intended to be interactive, touch the Artwork; and
(c) to the extent that an Owner or Occupier has caused damage to the Artwork, the Community Association is entitled to recover any costs associated with the repair of the Artwork from that Owner or Occupier.
26.3 In this By Law 26:
“Artwork” means the public works of art integrated into the development and affixed to the Community Property by the Developer as approved by Council.
By Law 27. Display Village
27.1 For the period in which the Developer operates and manages a display village on Lots [Development Lot 7, Proposed Road Lot 11, Lots 17 & 26 within CP001] and Part Development Lot 61 within CP003 (inclusive) within the Community Parcel, the Community Association acknowledges that part of lot [Development Lot 7 in CP001] is to be used as a car park. The display village will include a sales centre, display homes and car parking. The Developer may use the display village and surrounding
Community Property for activities it deems necessary to carry out its development activities including but not limited to hosting marketing events which will attract members of the public to the display village [Drafting note: As disclosed in clause 37.28 of the Contract for Sale, the location of the display village may change. This definition to be completed prior to registration of this Management Statement with a description of the final location.]
27.2 The Developer may regulate the use of the car park including the erection of gates and placing of signs within the car park.
27.3 The Developer must maintain those Lots to be used as a car park for the period in which the Developer operates and manages the display village within the Community Parcel.
27.4 The Developer may carry out the following activities on those lots set out in by-law 26.1 for the period in which the Developer operates and manages a display village within the Community Parcel:
(a) placement and maintenance of signs, advertisements, boards, writing, plates, signals, illuminations, banners and insignia;
(b) erection and maintenance of stalls or associated facilities for the use of salespersons or visitors to the display village; and
(c) conducting any event or function.
27.5 Upon the Developer no longer requiring the operation of a sales centre, display village or temporary car parks within the Community Parcel, the vendor may further develop or convert the improvements into spaces that can be used for residential or commercial use, which the Developer may either retain, sell, lease or use for any other purpose permitted under a development consent.
draft
Part 5 By-laws required by Public Authorities
Amendment to by-laws
These by-laws have been made at the request of a public authority. These by-laws may only be amended or revoked:
(a) by a special resolution of the Community Association; and
(b) with the consent of the public authority,
[Drafting note: To be confirmed once the Development Consent is obtained.]
(See section 9 of the Development Act).
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SIGNATURES AND CONSENTS
DATED day of
Execution by Developer
Executed by Australand Residential Edmondson Park Pty Ltd ACN 107 356 650 by the party’s attorney pursuant to power of attorney Book 4770 No 846 dated 5 February 2020 who states that no notice of revocation of the power of attorney has been received in the presence of:
Witness
Name of Witness (print)
Attorney
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Name of Attorney (print)
Itis certified that:
CERTIFICATE OF APPROVAL
(a) Liverpool City Council granted development consent pursuant to development consent numbers [insert] dated [insert]; and [Drafting note: To be updated prior to registration]
(b) the terms and conditions of these by-laws are not inconsistent with that development as approved.
Date: ..........................................
Signature of Council authorised person
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1 Overview
1.1 Why have an Architectural Code?
The primary reasons for having an Architectural Code and controlling building works and the external appearance of Ed Square – Residential Precinct 2 are:
(a) to preserve the design integrity and architectural quality of Ed Square – Residential Precinct 2;
(b) to recognise the different requirements of the residential components of Ed Square Residential Precinct 2, while having proper regard to the common interest of each Owner and Occupier; and
(c) to uphold property values for Owners.
1.2 Inconsistencies
If there is an inconsistency between a clause in this Management Statement and the Architectural Code, the clause in the Management Statement prevails.
1.3 Disputes
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The dispute resolution provisions in this Management Statement apply to the Architectural Code and to approvals granted or refused under it.
2 Approvals from Government Agencies
2.1 What are your obligations?
Despite anything else in this Management Statement, you must obtain all necessary approvals from Government Agencies before you carry out any works, erect signs, or do anything else in Ed Square – Residential Precinct 2 (including works approved or for which you need approval under the Architectural Code).
2.2 Timing
Subject to this clause 2, you may apply for approval from a Government Agency to carry out works in Ed Square – Residential Precinct 2 only after you have obtained any necessary approval from the Community Association.
2.3 Approving applications to Government Agencies
You must not unreasonably refuse to approve or sign an application to a Government Agency if the works contemplated in the application have been approved by the Community Association.
3 Curtains, blinds and other window treatments
3.1 Colours for curtains and blinds
You may install curtains, blinds, and other internal window and door treatments on or in your Lot provided they have an appearance from outside the Lot which is white (white curtain linings or sheers are an acceptable method of achieving this). You must have consent from the Community Association to place, install or retain curtains, blinds, and window and door treatments other than those specified in this clause 3.1
3.2 Sun shades
You must have consent from the Community Association to install a sun shade, sun blind, awning or other sun shading device in your Lot.
3.3 Window/Sliding Door treatments
No solar film or similar treatments shall be placed on the internal or external surfaces of glass windows and doors.
You may install aluminium flyscreens in the same colour as the associated window/door frames provided.
4 Outdoor furniture and landscaping
4.1 Furniture
draft
You do not need consent from the Community Association to keep outdoor furniture on your Lot provided that the outdoor furniture is of a high quality and finish, commensurate with the quality of Ed Square – Residential Precinct 2 and is in keeping with the appearance of Ed Square – Residential Precinct 2
4.2 Fixing items to a Balcony
You must have consent from the Community Association to fix furniture, decorative objects, brackets, hangers, shelves, trellises or any other items to the balcony of your Lot.
4.3 Maintaining outdoor furniture
You must properly maintain furniture on your Lot and ensure that the furniture is clean and tidy at all times.
4.4 Landscaping
You do not need consent from the Community Association to keep landscaping on your Lot provided that all elements of the landscaping (for example, planter boxes and plants) are of a high quality and finish, commensurate with the quality of Ed Square – Residential Precinct 2 and in keeping with the appearance of Ed Square – Residential Precinct 2 Landscaping visible from the street is to remain in keeping with the original planning approval including plant species unless otherwise approved by the Community Association.
4.5 Maintaining landscaping
You must:
(a) regularly maintain landscaping on your Lot; and
(b) ensure that the landscaping is kept neat and tidy at all times; and
(c) ensure that no landscaping hangs or grows over the edge of the balcony; and
(d) when you water landscaping on the balcony, ensure that no water enters another part of Ed Square – Residential Precinct 2 and no damage is caused to another part of Ed Square – Residential Precinct 2.
4.6 Removing furniture and landscaping
You must immediately remove furniture and landscaping from the balcony of your Lot if:
(a) you do not comply with your obligations under this clause 4; or
(b) the furniture or landscaping causes (or may cause) damage to another part of Ed Square – Residential Precinct 2.
4.7 Maintenance of fencing
You must maintain fencing to the boundary of your lot. Amendment removal or installation of external fencing cannot take place without Community Association approval.
4.8 Gutters and downpipes
You must keep your gutters and downpipes free from debris including but not limited to branches and leaf litter.
5 Security devices
5.1 Installing security devices
draft
Subject to this clause 5, you must have consent from the Community Association to install security devices including, without limitation, security doors or windows, screens grilles, alarms or locks in your Lot
5.2 Security doors and windows
The Community Association may consent to an application to install a security door or window in a Lot if the door or window:
(a) is finished in a colour that matches the existing door or window frame; and
(b) matches the full size of the existing door or window and does not detract from or dominate the existing detail.
5.3 Alarms
You may install a security alarm in your Lot without consent from the Community Association if:
(a) the alarm is a ‘back to base’ facility; and
(b) the alarm is silent; and
(c) the alarm does not have flashing lights
5.4 Obtaining consent to install an alarm
If the installation of a security alarm is attached to or interferes with Community Property you must obtain consent from the Community Association before you install the alarm.
5.5 Security devices in the carpark
If you are the Owner or Occupier of a Lot with a car park visible from the street, you may install in the floor of your Lot a locking device similar to a ‘Secure Mate’ locking device provided that the device:
(a) is a type and colour approved by the Community Association; and
(b) is located in a position approved by the Community Association (for example, a specified distance from the boundary of the Lot).
5.6
Other security devices
You must have consent from the Community Association to install any type of security device not contemplated by this clause 5. The Community Association will generally consent to the installation of other security devices if:
(a) the device is in keeping with the appearance of Ed Square – Residential Precinct 2; and
(b) the device is not likely to cause a nuisance to or interfere with the enjoyment of Owners or Occupiers.
6 Barbeques
6.1 Your rights
6.2
You may store and operate a portable barbeque in the rear of your property of your Lot (out of site from other residence) if:
draft
(a) it is a type permitted under this clause 6; and
(b) it will not (or is not likely to) cause damage; and
(c) it is not (or is not likely to become) dangerous; and
(d) you keep it covered when you are not operating it; and
(e) you keep it clean and tidy; and
(f) you comply with this clause 6.
Types of portable barbeques
The types of portable barbecues permitted under this clause 6 are:
(a) a covered kettle style portable barbeque; or
(b) a covered gas or electric portable barbeque; or
(c) any other type approved by the Community Association
Solid fuel burning barbeques are prohibited.
6.3 Operating a portable barbeque
You may operate a portable barbeque only during the hours of 9.00am and 9.00pm (or during other hours approved by the Community Association).
6.4 Interference
If you use a portable barbecue on your Lot, you must not create smoke, odours or notice which interfere unreasonably with another Owner or Occupier.
7 Signage
7.1 Residential Lots
You must not erect, affix or display a sign in any Lot which is used for residential purposes.
7.2 Rights of the Developer
Despite any other provision in the Architectural Code, while the Developer is an Owner, the Developer may erect and display ‘For Sale’ or ‘For Lease’ signs in lots and Community Property without consent from the Community Association
8 Works affecting the External Appearance
8.1 General obligations
If you propose to carry out External Appearance Works, you must obtain consent from the Community Association before carrying out the works.
8.2 Powers of the Community Association
draft
The Community Association has the power to require you to remove any item you have placed, installed or retained in your part of Ed Square Residential Precinct 2 if it alters the External Appearance of Ed Square Residential Precinct 2 if:
(a) you do not have consent from the Community Association or relevant Government Agencies; or
(b) it detrimentally affects the External Appearance of Ed Square – Residential Precinct 2.
8.3 Colour schemes and paint work
You must have consent from the Community Association to change the colour or surface of any wall, window, door, floor, ceiling or other surface in your Lot if:
(a) the wall, window, door, floor, ceiling or other surface is visible from outside your Lot; and
(b) the proposed colour or surface changes.
9 Acoustic controls
9.1 Purpose
The purpose of this clause 9 is to maintain acceptable levels and duration of noise transmission between the various components of Ed Square – Residential Precinct 2. It is important that you attempt to minimise noise you create which might interfere with your neighbours. To achieve this, this clause 9 provides controls about important issues like holding parties and playing musical instruments.
9.2 General obligations
The requirements in this clause 9 are at all times subject to any nuisance or interference which may be generated by particular activities. For example, under clause 9.6 of this schedule you may practice or play musical instruments between certain hours. However, you must not play a particular type of instrument or play the instrument at any time if this will unreasonably interfere with another Owner or Occupier.
9.3 Noise which affects your neighbours
Subject to this clause 9, you must not make noise which might unreasonably interfere with the use and enjoyment of another Owner or Occupier or their Lot.
9.4 Equipment and machinery
You must ensure that equipment and machinery in your Lot does not cause vibrations or noise in another part of Ed Square – Residential Precinct 2 (for example, tread mills, weight machines or washing machines).
9.5 Using power tools
You may use power tools (for example, impact drills, electric saws or angle grinders) only between the hours of 7.30am to 5.30pm Mondays to Fridays and 9.00am to 3.00pm on Saturdays. You must not use power tools on Sundays or public holidays in New South Wales.
9.6 Playing musical instruments
Subject to this clause 9, you may play or rehearse on musical instruments (other than percussion instruments) only between 9.00am and 8.00pm. You must not play or rehearse on percussion instruments.
9.7 Playing music
draft
Subject to this clause 9, you must not play live or other music which exceeds 65dB(A) at the boundary of your Lot after 11.00 pm (or another hour determined by the Community Association acting reasonably).
9.8 Inside your Lot
You must not:
(a) carry out exercises in your Lot which result in rapid foot impact on the floor (for example, aerobics or running on the spot) if this causes noise or vibrations in adjoining lots; or
(b) unnecessarily create noise or vibration by knocking or banging against walls separating your Lot from another Lot.
10 Some prohibitions
You must not:
(a) attach anything to or hang anything from a balcony;
(b) install a solid fuel burning appliance in Ed Square – Residential Precinct 2;
(c) enclose the balcony of a Lot;
(d) hang clothes, washing or similar items in any area that is visible from outside a Lot or a building in Ed Square – Residential Precinct 2;
(e) attach or hang an aerial, security device or wires outside a Lot or a building in Ed Square Residential Precinct 2;
(f) use the balcony, terrace or courtyard for storage purposes; or
(g) lean items against glass balustrades.
11 Application process
11.1 Making an application
The Community Association may, either generally or in specific cases, specify the plant, drawings and other documents which you must submit with your application under the Architectural Code.
11.2 What information must you include in your application?
If you make an application under the Architectural Code, the application must:
(a) be in writing;
(b) include the plans, drawings and other documents specified by the Community Association according to this clause 9 for the type of works for which you are seeking approval; and
(c) include enough information to give the Community Association enough information to make a decision about your application.
draft
However, the Community Association may:
(d) require you to submit additional plans, diagrams or other information which it has not specified according to clause 11.1 of this schedule to assist in the decision making process; and
(e) waive the requirements it makes under clause 11.1 about the plans, diagrams and other information which you must submit with your application.
11.3 Lodging your application
You must address your application to the Managing Agent (depending on who may give consent to the application).
11.4 Discretion
The Community Association may act in its absolute discretion when they make decisions about applications. It is not bound by its past decisions.
11.5 Appointing consultants
The Community Association may appoint consultants to review and make recommendations about applications to it under the Architectural Code (for example, an architect or engineer for applications affecting the External Appearance).
11.6 Paying the costs for a consultant
The Community Association may require an applicant to pay the reasonable costs of consultants it appoints under this clause 11
11.7 Time frame for making a decision
Subject to clause 11, the Community Association must review and make a decision about an application within 20 Business Days after the Community Association receives the application (or another period agreed between the parties).
11.8 Time frame for making a decision where a consultant has been appointed
If the Community Association appoints a consultant to review and make recommendations about an application, the Community Association must make a decision about the application within 20 Business Days after the consultants make a recommendation to the Community Association (or another period agreed between the parties).
11.9 Notifying the applicant of a decision
The Community Association must immediately advise you in writing when it has made a decision about your application. The advice must clearly describe any conditions which attach to the approval and, if the application is not approved, explain in detail the reasons for the decision.
12 Approval process
12.1 Conditional approvals
draft
The Community Association may make conditions if it approves an application. The conditions may include:
(a) a reasonable time frame in which the works must be completed;
(b) the hours and days during which the works must be carried out; and
(c) methods of accessing Ed Square Residential Precinct 2 to carry out the works.
12.2 Revoking approval
The Community Association may revoke its approval if an applicant does not comply with the conditions for the approval.
13 Procedures for carrying out work
13.1 Procedures before you carry out work
Before you carry out works in Ed Square – Residential Precinct 2, you must:
(a) arrange with the Community Association a suitable time and means by which to access the area in which you will carry out the work;
(b) comply with the reasonable requirements of the Community Association about the time and means by which you must access Ed Square Residential Precinct 2 to carry out the work; and
(c) ensure that contractors and any other persons involved in carrying out the work comply with the reasonable requirements of the Community Association about the
times and means by which they must access Ed Square – Residential Precinct 2 to carry out the work.
13.2 Procedures when you carry out work
When you carry out works in Ed Square – Residential Precinct 2, you must:
(a) use qualified, reputable an, where appropriate, licensed contractors approved by the Community Association;
(b) carry out the work in a proper manner and to the reasonable satisfaction of the Community Association;
(c) regularly remove debris and leave all areas of Community Property clean and tidy for all periods during which you carry out the work; and
(d) repair damage you (or persons carrying out the work on your behalf) cause to Community Property or the property of an Owner or Occupier.
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ACCESS WAY PLAN
WASTE COLLECTION POINTS PLAN
Note: The Waste Collection Points Plan must be attached to the management statement (and numbered)
[Please remove this sheet and replace with the Waste Collection Points Plan]
Description of proposed development
This development contract identifies works that may be completed by the developer after registration of the Community Plan.
This development contract may contain:
• warranted development, which the developer may be compelled to carry out, and/or
• authorised proposals, which the developer is permitted to carry out but cannot be compelled to carry out.
Land to be developed
This development contract identifies works that are proposed to be developed on the following parcels -
As at the date this development contract is registered, the Community Scheme comprises the following lots in the Community Plan:
Lot 1
Lots 2 - 16
Lots 17 – 34
Community Property
Community Development Lots (for further subdivision)
Community Development Lots (for sale to purchasers)
It is intended to develop the Community Scheme in stages by registration of Community Plans of Subdivision as indicatively listed below.
Community Plan of Subdivision 1
(being a subdivision of lot 8 in the Community Plan)
Indicatively shown as ‘CP002’ on the Concept Plan
Community Plan of Subdivision 2
(being a subdivision of
Lot 1
Lots 35 - 54
Further Community Property
Community Development Lots (for sale to purchasers)
Lot 1
Further Community Property
Lots 55 - 60 Community Development Lots
lots 9 and 11 in the Community Plan)
Indicatively shown as ‘CP003’ on the Concept Plan
Community Plan of Subdivision 3
(being a subdivision of lot 10 in the Community Plan)
Indicatively shown as ‘CP004’ on the Concept Plan
Community Plan of Subdivision 4
(being a subdivision of Lot 12 in the Community Plan and lot 62 in Community Plan of Subdivision 2)
Indicatively shown as ‘CP005’ on the Concept Plan
Community Plan of Subdivision 5
(being a subdivision of Lots 2 and 13 in the Community Plan and lot 115 in Community
(for sale to purchasers)
Lots 61 and 62 Community Development Lots (for further subdivision)
Lot 1
Further Community Property
Lots 63 - 90 Community Development Lots (for sale to purchasers)
Lot 1 Further Community Property
Lots 91-114 Community Development Lots (for sale to purchasers)
Lot 115 Community Development Lot (for further subdivision)
Lot 1
Further Community Property
Lots 116 - 134 Community Development Lots (for sale to purchasers)
Lot 135 Community Development Lot
Plan of Subdivision 4)
Indicatively shown as ‘CP006’ on the Concept Plan (for further subdivision)
Community Plan of Subdivision 6
(being a subdivision of Lots 4 and 14 in the Community Plan and lot 135 in Community Plan of Subdivision 5)
Indicatively shown as ‘CP007’ on the Concept Plan
Community Plan of Subdivision 7
(being a subdivision of Lots 3, 15 and 16 in the Community Plan and lot 153 in the Community Plan of Subdivision 6)
Indicatively shown as ‘CP008’ on the Concept Plan
Community Plan of Subdivision 8
Lot 1 Further Community Property
Lots 136 - 152 Community Development Lots (for sale to purchasers)
Lot 153 Community Development Lot (for further subdivision)
Lot 1 Further Community Property
Lots 154 - 180 Community Development Lots (for sale to purchasers)
Lots 183, 184 and 185 Community Development Lots (for further subdivision)
(being a subdivision of Lot 5 in the Community Plan)
Indicatively shown as ‘CP008a’ on the Concept Plan
Community Plan of Subdivision 9
(being a subdivision of lots 183, 184 and 185 in Community Plan of Subdivision 8)
Indicatively shown as ‘CP009’ on the Concept Plan
Community Plan of Subdivision 10
(being a subdivision of Lot 61 in the Community Plan of Subdivision 2)
Indicatively shown as ‘CP0010’ on the Concept Plan
Community Plan of Subdivision 11
(being a subdivision of Lot 7 in the
Lots 181 and 182 Road lot dedicated to Council directly on Community Plan of Subdivision 8)
Lot 1
Further Community Property
Lots 186-205 Community Development Lots (for sale to purchasers)
Lot 1 Further Community Property
Lots 206 - 211 Community Development Lots (for sale to purchasers)
Lot 1
Further Community Property
Lots 212 - 215 Community Development Lots (for sale to purchasers)
Community Development Contract Sheet 5 of 13 sheets Registered: Office Use Only Office Use Only
Community Plan)
Indicatively shown as ‘CP0011’ on the Concept Plan
Community Plan of Subdivision 12 (being a subdivision of Lot 216 in the Community Plan of Subdivision 11)
Indicatively shown as ‘CP0012’ on the Concept Plan
Lot 216
Community Development Lot (for further subdivision)
Lots 217 - 224
Community Development Lots (for sale to purchasers)
The Developer reserves the right to develop each stage of the Community Scheme and register each Community Plan of Subdivision in such order as the Developer may determine, subject only to the approval of Council. The Developer also reserves the right to change the number of Community Plans of Subdivision and the number, shape, area and size of the lots in the relevant Community Plans of Subdivision, subject only to the approval of Council.
Conclusion of the development contract
This development contract will conclude on -
Land to be added to the scheme
This development contract does not allow additional land to be added to the scheme.
Rights over association property
This development contract allows the Developer to access and carry out work on association property.
The date which is 10 years after the date on which this development contract is registered.
See clause 2(f).
For details of the access rights – see clause 2(d).
Community Development Contract Sheet 6 of 13 sheets Registered: Office Use Only
This development contract is binding on the:
• Developer,
• association,
• lot owners, and
• registered mortgagees, chargees and lessees of the lot owners as set out in section 49 of the Community Land Development Act 2021.
1. Warranted Development – proposed development subject to a warranty
There is no warranted development.
2. Authorised Proposals – proposed development not subject to a warranty
(a) Description of development
Staged development
It is intended to develop the Community Scheme in stages by registration of Community Plans of Subdivision. The staged development of the Community Scheme will be substantially in accordance with:
(a) any development consent issued by Council, including the plans stamped with the development consent; and
(b) the Concept Plan attached to this development contract.
The Developer reserves the right to develop each stage of the Community Scheme and register each Community Plan of Subdivision in such order as the Developer may determine, subject only to the approval of Council. The Developer also reserves the right to change the number and sequencing of the Community Plans of Subdivision, including the area, number and size of the lots in the relevant Community Plans of Subdivision, subject only to the approval of Council.
Upon registration of each Community Plan of Subdivision:
(a) additional Community Property may be created – which is intended to comprise the relevant association property amenities as described in clause 2(b) below; and
(b) additional Community Development Lots will be created, which will either be:
(i) a Community Development Lot for further subdivision by way of registration of a further Community Plan of Subdivision; or
(ii) a Community Development Lot that will not be further subdivided and will comprise a lot upon which a residential dwelling will be constructed
Roads, private access ways and services
It is intended that roads within the Community Scheme will be dedicated to Council in a staged manner, either on registration of the relevant Community Plan of Subdivision or by registration of separate dealings in accordance with the relevant development consent.
Private accessways will also be created in a staged manner as indicatively shown on the Concept Plan. The Community Management Statement will be updated progressively as each Community Plan of Subdivision is registered to replace the Access Way Plan, Services Plan [and Waste Collection Points Plan] with a current version of each plan.
Sales center and display village
The Developer intends to construct and operate a display village on either:
(a) Lot 7 in the Community Plan, Part Lot 11 in the Community Plan and Lot 11 DP1303736 (which may be dedicated to Council as a public road at the time of the Developer’s choosing and closed from public access for the duration of the operation of the Sales Centre and Display Village);or
(b) Lot 7 in the Community Plan, Lot 61 in the Community Plan of Subdivision 2 and Lot 11 DP1303736 (which will be dedicated to Council as a public road)
Temporary car parks may be established and internal roads within the Community Scheme may be partially closed to accommodate additional pedestrian and vehicular traffic associated with the sales centre and display village.
(b) Association property amenities
Association property amenities will be delivered in stages and include the following as indicatively shown on the
Concept Plan:
i. roads;
ii. services;
iii. pocket parks;
iv. linear parks;
v. a local park intended to be constructed on to be constructed on either of the areas shown as Potential Future Park 1 or Potential Future Park 2 as shown on the Concept Plan (Local Park);
vi. gateway park [on the corner of Soldiers Parade and General Boulevard]; and
vii. landscaping for each stage as set out in the development consent for each stage and accompanying documents, and any other amenities approved by Council.
(c) Working hours
Working hours permitted in accordance with any development consent issued by Council as amended or varied from time to time or otherwise permitted by relevant laws and authorities
(d) Access and construction zones and related rights over association property
During the term of this development contract, the Developer is entitled to access for the purposes of construction:
(a) Community Property; and
(b) Community Development Lots that remain in the ownership of the Developer.
Upon giving appropriate notice, the Developer is also entitled to restrict access to any road that is either Community Property or a Community Development Lot intended to be converted to Community Property or dedicated to Council.
(e) Easements or covenants proposed to be created burdening or benefiting association property
Once the Local Park is constructed, it is intended the Local Park will be added to Community Property (see clause 2(f) below). Upon adding the Local Park to the Community Scheme it is intended to create an easement that burdens the Community Property comprising the Local Park and benefits the RP3 Land
The terms of the easement will:
(a) permit owners and occupiers of the Community Scheme and the RP3 Land the right to access and use the Local Park; and
(b) require (by way of a section 88BA covenant) the owner of the RP3 Land (which may be a community association) to contribute to the costs of maintaining and repairing the Local Park. Otherwise, any applicable easements or covenants will be as are registered with each Community Plan of Subdivision.
(f) Land proposed to be added to the scheme
i. The vendor intends to construct the Local Park either on the area shown as Potential Future Park 1 or Potential Future Park 2 on the Concept Plan.
ii. In the event Potential Future Park 1 is not used as the Local Park (and Potential Future Park 2 is instead used as the Local Park), it is intended that Potential Future Park 1 will be dedicated to Council and Potential
Future Park 2 will be added to the Community Scheme.
iii. In the event Potential Future Park 2 is not used as the Local Park (and Potential Future Park 1 is instead used as the Local Park), Potential Future Park 2 will likely become part of RP3 Land and Potential Future Park 1 will be added to the Community Scheme.
3. Definitions and Interpretation
(a) Interpretation
A word has the meaning given to it in the Act if:
• it is defined in the Act; and
• used but not defined in this development contract.
(b) Definitions
In this development contract, the following terms (in any form) mean:
Act the Management Act and the Development Act
Authorised Proposal development which the Developer is authorised to carry out but cannot be compelled to carry out.
Community Development Lot has the meaning given to that term in the Development Act.
Community Plan the Community plan registered with this development contract
Community Plan of Subdivision has the meaning given to that term in the Development Act.
Community Plan of Subdivision 1
Community Plan of Subdivision 2
Community Plan of Subdivision 3
Community Plan of Subdivision 4
Community Plan of Subdivision 5
Community Plan of Subdivision 6
Community Plan of Subdivision 7
Community Plan of Subdivision 8
Community Plan of Subdivision 9
Community Plan of Subdivision 10
Community Plan of Subdivision 11
Community Plan of Subdivision 12
has the meaning given in the table titled “Land to be developed” in this development contract.
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract.
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract
has the meaning given in the table titled “Land to be developed” in this development contract.
Community Development Contract Sheet 11 of 13 sheets
Registered: Office Use Only
Community Property has the meaning given to that term in the Development Act.
Community Scheme has the meaning given to that term in the Development Act.
Concept Plan the concept plan attached to this development contract
Council Liverpool City Council
Developer Australand Residential Edmondson Park Pty Ltd of Level 2, 1C Homebush Bay Drive, Rhodes, NSW
Development Act the Community Land Development Act 2021 (NSW).
Development Consent [Insert] and the determination of further development applications issued by Council in respect of the development as amended, modified or substituted from time to time.
Local Park has the meaning given to that term in clause 2(b)(e) in this contract as shown on the Concept Plan.
Management Act the Community Land Management Act 2021 (NSW).
Warranted Development development which the Developer warrants to carry out and may be compelled to carry out.
Potential Future Park 1 is the area shown as such on the Concept Plan.
Potential Future Park 2 is the area shown as such on the Concept Plan.
RP3 Land a proposed community scheme to be developed within lot 3 in DP1264016 which is to be comprised of lots used primarily for residential purposes, and which may be further subdivided in stages to create further lots and further community property
Concept Plan
SAFETYFIRST!
RAILWAYCORRIDOR
GENERALBOULEVARDEXTENSION(PUBLICROAD)
Registered:
Community Development Contract Sheet 13 of 13 sheets
Certificate of Planning Authority
[Corrs note: Please liaise with your planner regarding the requirements for and timing for obtaining Planning Authority consent to this development contract and the associated documents.]
The Planning Authority certifies that:
i) planning approval has been granted to the development proposed by the instruments, plans and drawings that comprise the development contract, and ii) the instruments, plans and drawings are not inconsistent with that development as approved.
Date:
Certificate Reference:
Signed by
* Authorised Person/*General Manager
Signature:
This is the certificate referred to in Section 47(4) Community Land Development Act 2021 * Strike through inapplicable parts
Undertaking by developer
I, ………………………………………………………………………………………………………………… being the developer undertake:
• to not cause unreasonable inconvenience to owners of lots in the scheme, and
• to repair without delay any damage caused to association property by development activities
Signatures, Consents, Approvals
CAMPBELLTOWN
PARADE
CAMPBELLTOWN
ROAD
CAMPBELLTOWNROAD
CAMPBELLTOWN
CAMPBELLTOWNROAD
CAMPBELLTOWN
ROAD
CAMPBELLTOWN ROAD
CAMPBELLTOWN ROAD
ROADUNFORMED
CAMPBELLTOWN
CAMPBELLTOWNROAD
ROADUNFORMED
CAMPBELLTOWN
ROADUNFORMED
Title Search
NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH -----------------------------------------------------
FOLIO: 2/1220978
LAND
29/9/2024 9:35 PM 10 11/3/2024
LOT 2 IN DEPOSITED PLAN 1220978 AT EDMONDSON PARK LOCAL GOVERNMENT AREA LIVERPOOL PARISH OF MINTO COUNTY OF CUMBERLAND
TITLE DIAGRAM DP1220978
FIRST SCHEDULE --------------
AUSTRALAND RESIDENTIAL EDMONDSON PARK PTY LIMITED (T AP594797)
SECOND SCHEDULE (7 NOTIFICATIONS)
1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
2 DP831152 EASEMENT FOR ACCESS 10 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM AS434017 EASEMENT RELEASED IN SO FAR AS IT BENEFITS LOTS 301 & 302 IN DP1259974
3 DP831152 EASEMENT FOR ACCESS 10 METRE(S) WIDE APPURTENANT TO THE PART(S) OF THE LAND SHOWN SO BENEFITED IN THE TITLE DIAGRAM
4 DP1282587 EASEMENT FOR PADMOUNT SUBSTATION 2.75 & 2.835 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN DP1282587
5 DP1282587 RESTRICTION(S) ON THE USE OF LAND REFERRED TO AND NUMBERED (2) IN THE S.88B INSTRUMENT
6 DP1282587 RESTRICTION(S) ON THE USE OF LAND REFERRED TO AND NUMBERED (3) IN THE S.88B INSTRUMENT
7 DP1302947 EASEMENT FOR DRAINAGE OF WATER APPURTENANT TO THE LAND ABOVE DESCRIBED
NOTATIONS ---------
DP1226816 NOTE: PLAN OF ACQUISITION (ROADS ACT, 1993)
DP1230807 PLAN OF PROPOSED EASEMENT
DP1238024 PLAN OF ACQUISITION (ROADS ACT, 1993)
DP1245415 PLAN OF PROPOSED EASEMENT
UNREGISTERED DEALINGS: PP DP1303736 PP DP1303808 PP DP1304407 PP DP1305720. *** END OF SEARCH ***
9200913
PRINTED ON 29/9/2024
Lodger Details
Lodger Code 504286R
Name LANDCOM
Address L 14, 60 STATION ST PARRAMATTA 2150
Lodger Box 1W
Email KMBEGU@LANDCOM.NSW.GOV.AU
Reference ED PARK - 50571
Jurisdiction NEW SOUTH WALES
Privacy Collection Statement
Cancellation of Easement
Residual Document Version 04
Land Registry Document Identification
STAMP DUTY:
The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and indexes.
Land Title Reference Part Land Affected?
2/1220978 N
Applicant
LANDCOM ABN 79268260688
State/Territory government or body
Nature of Easement
Details
Easement Registration Number Cancelled
Land Description
Easement for Access 10 wide
Details DP 831152 Numbered 1
Servient Tenement
Land Title Reference 2/1220978
Dominant Tenement
Land Title Reference 301/1259974 302/1259974
Cancellation of Easement
The applicant, being the registered proprietor of the dominant tenement, applies to have the recording of the easement cancelled as regards the Torrens Title specified, and annexed the consent of any registered lessee, mortgagee or chargee.
The subscriber requests the Registrar-General to make any necessary recording in the Register to give effect to this instrument, in respect of the land or interest described above.
Execution
The Certifier has retained the evidence supporting this Registry Instrument or Document.
The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.
Executed on behalf of LANDCOM
Signer Name BELINDA LAMBERT
Signer Organisation LANDCOM
Signer Role PRACTITIONER CERTIFIER
Execution Date 31/08/2022
Req:R154905 /Doc:DP 1282587 P /Rev:05-Apr-2022 /NSW LRS /Prt:29-Sep-2024 21:41 /Seq:1 of 4
Office of the Registrar-General /Src:InfoTrack /Ref:9200913
Req:R154905 /Doc:DP 1282587 P /Rev:05-Apr-2022 /NSW LRS /Prt:29-Sep-2024 21:41 /Seq:2 of 4
Office of the Registrar-General /Src:InfoTrack /Ref:9200913
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Ref.: 9200913:163125
Ppty: 185609
Applicant:
INFOTRACK PTY LIMITED
GPO BOX 4029
SYDNEY NSW 2001
Cert. No.: 2148
Receipt No.:
Receipt Amt.: Date: 6091223 174.00 30-Sep-2024
The information in this certificate is provided pursuant to Section 10.7(2)&(5) of the Environmental Planning and Assessment Act (EP&A Act) 1979, as prescribed by Schedule 2 of the Environmental Planning and Assessment Regulation (EP&A Regulation) 2021. The information has been extracted from Council’s records, as they existed at the date listed on the certificate. Please note that the accuracy of the information contained within the certificate may change after the date of this certificate due to changes in Legislation, planning controls or the environment of the land.
The information in this certificate is applicable to the land described below.
Legal Description: LOT 2 DP 1220978
Street Address: LOT 2 CAMPBELLTOWN ROAD, EDMONDSON PARK NSW 2174
Note: Items marked with an asterisk (*) may be reliant upon information transmitted to Council by a third party public authority. The accuracy of this information cannot be verified by Council and may be out-of-date. If such information is vital for the proposed land use or development, applicants should instead verify the information with the appropriate authority.
Note: Commonly Used Abbreviations:
LEP: Local Environmental Plan
DCP: Development Control Plan
SEPP: State Environmental Planning Policy
EPI: Environmental Planning Instrument
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Page No.: 2 of 15
1. Names of relevant planning instruments and DCPs
(1) The name of each EPI that applies to the carrying out of development on the land is/are listed below:
LEPs: Not Applicable
SEPPs*:
State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
State Environmental Planning Policy (Biodiversity and Conservation) 2021
State Environmental Planning Policy (Housing) 2021
State Environmental Planning Policy (Industry and Employment) 2021
State Environmental Planning Policy (Planning Systems) 2021
State Environmental Planning Policy (Precincts - Western Parkland City) 2021
State Environmental Planning Policy (Primary Production) 2021
State Environmental Planning Policy (Resilience and Hazards) 2021
State Environmental Planning Policy (Resources and Energy) 2021
State Environmental Planning Policy (Transport and Infrastructure) 2021
State Environmental Planning Policy (Sustainable Buildings) 2022
DCPs: Edmondson Park South DCP 2012
(2) The name of each draft EPI, or Planning Proposal (which has been subject to community consultation or public exhibition under the Act).
Draft LEPs: N/A
Draft SEPPs*: N/A
Draft DCPs: N/A
2. Zoning and land use under relevant LEPs and /or SEPPs
This section contains information required under subclauses 2 of Schedule 2 of the EP&A Regulation 2021 Subclause 2 of the regulation requires Council to provide information with respect to zoning and land-use in areas zoned by, or proposed to be zoned by, an environmental planning instrument or draft environmental planning instrument.
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Cert. No.: 2148
Page No.: 3 of 15
Employment zones reform commenced on 26 April 2023 which replaced previous Business zones (B) and Industrial zones (IN) with Employment zones (E) and updated the land use tables. Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022, contains a 2-year savings provision as follows:
Development that is permitted with development consent on land in a former Business (B) or Industrial (IN) zone under a local environmental plan, as in force immediately before 26 April 2023, continues to be permitted with development consent on the land until 26 April 2025.
The land use and zoning information under any EPI applying to the land is given below.
(a) Name of zone, and the EPI from which the land zoning information is derived.
B4 Mixed Use - SEPP (Precincts - Western Parkland City) 2021 - State Significant Precincts
(b)(i) The purposes for which development may be carried out within the zone without the need for development consent
Environmental protection works
(b)(ii) The purposes for which development may not be carried out within the zone except with development consent
Boarding houses; business premises; child care centres; community facilities; earthworks; educational establishments; entertainment facilities; function centres; hotel or motel accommodation; information and education facilities; office premises; passenger transport facilities; recreation facilities (indoor); registered clubs; retail premises; roads; seniors housing; shop top housing; any other development not specified in subclause (b)(i) or (b)(iii)
(b)(iii) The purposes for which the instrument provides that development is prohibited within the zone
Agriculture; air transport facilities; caravan parks; cemeteries; correctional centres; crematoria; depots; dual occupancies; dwelling houses; extractive industries; forestry; freight transport facilities; home occupations (sex services); industrial retail outlets; industries; landscaping material supplies; restricted premises; restriction facilities; rural industries; rural workers’ dwellings; sex service premises; storage premises; timber yards; transport depots; truck depots; vehicle body repair shops; waste or resource management facilities
(c) Additional permitted uses apply to the land: Nil
(d) If a dwelling house is a permitted use, are there any principal development standards applying to the land that fix minimum land dimensions for the erection of a dwelling house?
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
No
Cert. No.: 2148
Page No.: 4 of 15
(e) Is the land in an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016?
No
(f) Is the land in a conservation area (however described):
No
(g) Is there an item of environmental heritage (however described) situated on the land:
No
3. Contribution Plans
(1) The name of each contributions plan under the Act, Division 7.1 applying to the land, including draft contributions plans:
Liverpool Contributions Plan 2008 - Edmondson Park
(2) If the land is in a region within the meaning of the Act, Division 7.1, Subdivision 4, the name of the region and the Ministerial planning order in which the region is identified:
Not Applicable
(3) If the land is in a special contributions area to which a continued 7.23 determination applies, the name of the area:
Western Sydney Growth Areas—Special Contributions Area
(4) In this section
continued 7.23 determination means a 7.23 determination that (a) has been continued in force by the Act, Schedule 4, Part 1, and (b) has not been repealed as provided by that part.
Note The Act, Schedule 4, Part 1 contains other definitions that affect the interpretation of this section.
4. Complying development
The information below outlines whether complying development is permitted on the land as per the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18(1) (c3) and 1.19 SEPP of the (Exempt and Complying Development Codes) 2008 only. The table does not specify whether any
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Cert. No.: 2148
Page No.: 5 of 15
code applies to the land; applicants should read the full extent of the code with their building certifier, solicitor, or other professional to determine whether any code applies to the land.
The first column identifies the code(s). The second column describes the extent of the land in which complying development is permitted, as per the clauses above, for the code(s) given to the immediate left. The third column indicates the reason as to why complying development is prohibited on some or all of the land and will be blank if such development is permitted on all of the land.
General Development Code, Container Recycling Facilities Code, Fire Safety Code, Housing Alterations Code, Industrial and Business Alterations Code, Subdivisions Code, and Demolition Code
Low Rise Housing Diversity Code (for purposes of dual occupancies)
Extent of the land for which development is permitted:
All
All
All
The reason(s) as to why development is prohibited:
All
Note: Despite information in the table above, complying development codes do not apply or are modified in areas subject to land-use zoning under the State Environmental Planning Policy (Precincts Western Parkland City) 2021, Chapter 4 Western Sydney Aerotropolis.
Note: If 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 below will describe that a restriction applies to the land, but it may not apply to all of the land, and that council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land.
PLANNING CERTIFICATE UNDER SECTION 10.7
5. Exempt development
Cert. No.: 2148
Page No.: 6 of 15
The information below outlines whether exempt development is permitted on the land as per the provisions of clauses 1.16(1)(b1)–(d) or 1.16A SEPP of the (Exempt and Complying Development Codes) 2008 only. The table does not specify whether any code applies to the land; applicants should read the full extent of the code with their building certifier, solicitor, or other professional to determine whether any code applies to the land.
The first column identifies the code(s). The second column describes the extent of the land in which exempt development is permitted, as per the clauses above, for the code(s) given to the immediate left. The third column indicates the reason as to why exempt development is prohibited on some or all of the land and will be blank if such development is permitted on all of the land.
Code
General Exempt Development Code, Advertising and Signage Exempt Development Code, Temporary Uses and Structures Exempt Development Code
Extent of the land for which development is permitted:
All
The reason(s) as to why development is prohibited:
Note: Despite information in the table above, certain Exempt Codes do not apply or are modified in areas subject to land-use zoning under the SEPP (Precincts - Western Parkland City) 2021, Chapter 4 Western Sydney Aerotropolis.
Note: If council does not have sufficient information to ascertain the extent to which exempt development may or may not be carried out on the land, a statement below will describe that a restriction applies to the land, but it may not apply to all of the land, and that council does not have sufficient information to ascertain the extent to which exempt development may or may not be carried out on the land. Nil
6. Affected building notices and building product rectification orders*
Is there any affected building notice (as in Part 4 of the Building Products (Safety) Act 2017) of which the council is aware that is in force in respect of the land?
No
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Page No.: 7 of 15
Is there any building product rectification order (as in the Building Products (Safety) Act 2017) of which the council is aware that is in force in respect of the land and has not been fully complied with?
No
Is there any notice of intention to make a building product rectification order (as in the Building Products (Safety) Act 2017) of which the council is aware has been given in respect of the land and is outstanding?
No
7. Land reserved for acquisition
Does a LEP, draft LEP, SEPP or draft SEPP identify the acquisition of the land, or part of the land, by a public authority, as referred to in section 3.15 of the Act?
No
8. Road widening and road realignment
Is the land is affected by any road widening or road realignment under:
(a) Division 2 of Part 3 of the Roads Act 1993?*
No
(b) An EPI?
No
(c) A resolution of the council?
No
9. Flood related development controls
(1) Is the land, or part of the land, within the flood planning area and subject to flood-related development controls?
No, the land is outside of flood planning area and NOT subject to flood related development controls for industrial/commercial and residential premises.
For details of these controls, please refer to the flooding section of the relevant DCP(s) as specified in Section 1(1) of this certificate.
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Cert. No.: 2148
Page No.: 8 of 15
(2) Is the land, or part of the land, between the flood planning area and the probable maximum flood (outside the flood planning area, but within the extent of the probable maximum flood), and subject to flood related development controls?
No, the land is outside the extent of the probable maximum flood and NOT subject to flood related development controls only if the land is also outside of flood planning area.
For details of these controls, please refer to the flooding section of the relevant DCP(s) as specified in Section 1(1) of this certificate.
Note:
Flooding certificate will be provided as an annexure to Section 10.7(5) certificate only if the land, or part of the land, is within the flood planning area.
Flood planning area has the same meaning as in the Floodplain Development Manual. It is generally the 1% annual exceedance probability plus a 0.5m freeboard or as outlined in relevant DCP.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 978-1923076-17-4) published by the NSW Government in June 2023.
Probable maximum flood has the same meaning as in the Floodplain Development Manual.
10. Council and other public authority policies on hazard risk restrictions
The following table lists hazard/risk policies that have been adopted by Council (or prepared by another public authority and subsequently adopted by Council). The right-most column indicates whether the land is subject to any controls from those policies, but it does not confirm if that hazard/risk is present on the land.
Hazard/Risk
Bushfire hazard
Adopted Policy Is the land is subject to development controls under that policy?
Liverpool DCP 2008 No
Liverpool Growth Centre Precincts DCP* No
Edmondson Park South DCP 2012 Yes
Western Sydney Aerotropolis DCP 2022 No
Planning for Bushfire Protection (Rural Fire Services, 2019)* Yes
Pleasure Point Bushfire Management Plan No
Tidal inundation Nil No
Subsidence Nil No
PLANNING CERTIFICATE UNDER SECTION 10.7
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Hazard/Risk
Acid Sulphate Soils
Potentially Contaminated Land
Potentially Saline Soils
Cert. No.: 2148
Page No.: 9 of 15
Adopted Policy Is the land is subject to development controls under that policy?
Liverpool LEP 2008 No
Liverpool DCP 2008 No
Liverpool DCP 2008 Yes, see section 10 of Part 1 of the Liverpool DCP 2008
Liverpool Growth Centre Precincts DCP* No
Liverpool DCP 2008 Yes
Liverpool Growth Centre Precincts DCP* No
Western Sydney Aerotropolis DCP 2022 No
Note: Land for which a policy applies does not confirm that the land is affected by that hazard/risk. For example, all land for which the Liverpool DCP applies is subject to controls relating to contaminated land, as this policy contains triggers and procedures for identifying potential contamination. Applicants are encouraged to review the relevant policy, and other sections of this certificate, to determine what effect, if any, the policy may have on the land. Any information regarding contamination as Council is aware of, if any, can be found in Clause 24 of this Section 10.7(2) certificate and Clause 4 of the Section 10.7(5) certificate.
11. Bushfire prone land
Is the land or part of the land, bushfire prone land as defined by the EP&A Act 1979?
Yes, all of the land is bushfire prone land
12. Loose-fill asbestos insulation *
Is a dwelling on the land listed on the register (maintained by the NSW Department of Fair Trading) as containing loose-fill asbestos insulation?
No
Note: despite any listing on the register, any buildings constructed before 1980 may contain loose-fill asbestos insulation or other asbestos products.
13. Mine subsidence*
Is the land a proclaimed to mine subsidence district within the meaning of the Coal Mine Subsidence Compensation Act 2017?
No
CERTIFICATE UNDER SECTION 10.7
14. Paper subdivision information*
Cert. No.: 2148
Page No.: 10 of 15
Does any development plan adopted by a relevant authority (or proposed plan subject to a consent ballot) apply to the land? If so the date of the subdivision order that applies to the land. No
15. Property vegetation plans*
Is Council aware of the land being subject to a Property Vegetation Plan under the Native Vegetation Act 2003?
No, Liverpool is excluded from the operation of the Native Vegetation Act 2003
16. Biodiversity stewardship sites*
Is the land subject to a Biodiversity stewardship site under Part 5 of the Biodiversity Conservation Act 2016, as notified to Council by the Chief Executive of the Office of Environment and Heritage?
No
17. Biodiversity certified land*
Is the land, or part of the land, biodiversity certified land (within the meaning of Part 8 of the Biodiversity Conservation Act 2016)?
Yes, part/all of the land is bio-diversity certified land
For information about what biodiversity certification means if your property is “Yes, certified” or “Yes, non-certified”, please visit: https://www.environment.nsw.gov.au/topics/animals-andplants/biodiversity/biodiversity-certification
18. Orders under Trees (Disputes between Neighbours) Act 2006*
Does an order, made under the Trees (Disputes Between Neighbours) Act 2006 in relation to carrying out of work in relation to a tree on the land, apply?
No, Council has not been notified of an order
19. Annual charges under Local Government Act 1993 for coastal protection services that relate to existing coastal protection works*
Has the owner (or any previous owner) of the land consented, in writing, that the land is subject to annual charges under section 496B of the Local Government Act 1993 for coastal protection
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Page No.: 11 of 15
services that relate to existing coastal protection works (within the meaning of section 553B of that Act)?
No
20. Western Sydney Aerotropolis
As per the SEPP (Precincts - Western Parkland City) 2021, Chapter 4 Western Sydney Aerotropolis, is the land:
(a) Subject to an ANEF or ANEC contour of 20 or greater?
No
(b1) Affected by the 6km Lighting Intensity Area, or Light Control Zone?
No
(b2) Affected by the Windshear Assessment Trigger Area? No
(c) Affected by the Obstacle Limitation Surface Area? No
(d) Affected by the Public Safety Area on the Public Safety Area Map? No
(e1) Within the 3km zone of the Wildlife Buffer Zone Map? No
(e2) Within the 13km zone of the Wildlife Buffer Zone Map? No
Note: the table above only specifies whether the land is impacted by planning controls related to the Western Sydney Airport. Planning controls also relate to the Bankstown Airport, and are not reflected in this table.
21. Development consent conditions for seniors housing*
Are there any conditions of a development consent granted after 11 October 2007 in relation to the land that are of the kind set out in section 88(2) of State Environmental Planning Policy (Housing) 2021?
No
No.: 2148
Page No.: 12 of 15
22. Site compatibility certificates and conditions for affordable rental housing*
(1) Is there is a current site compatibility certificate under State Environmental Planning Policy (Housing) 2021, or a former site compatibility certificate, of which the council is aware, in respect of proposed development on the land?
No
(2) Are there any conditions of a development consent in relation to the land that are of a kind referred to in section 21(1) or 40(1) of State Environmental Planning Policy (Housing) 2021?
No
(3) Are there any conditions of a development consent in relation to the land that are of a kind referred to in section 17 (1) or 38(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009?
No
Note: former site compatibility certificate means a site compatibility certificate issued under State Environmental Planning Policy (Affordable Rental Housing) 2009.
23. Water or sewerage services provided under the Water Industry Competition Act 2006*
Some land may have services provided by private entities under the Water Industry Competition Act 2006 (WIC Act 2006); any outstanding fees or charges owed to these service providers becomes the responsibility of the new owner(s) of the land.
The Independent Pricing and Regulatory Tribunal (IPART) provides information about the areas serviced, or to be serviced, via a register on their website. A statement below indicates whether the land is, or is to be, subject to an alternative servicing arrangement under the WIC Act 2006 as per that register:
No, this land is not subject to an alternative servicing arrangement under the WIC Act 2006
Note: This section does not contain information relating to whether the land is, or is not, connected to Sydney Water’s network for the supply of either drinking water or sewage disposal services. For further information about whether your land is connected to Sydney Water’s network, we recommend that you contact Sydney Water.
24. Contaminated land
Is the land:
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Page No.: 13 of 15
(a) Significantly contaminated land within the meaning of that Act? No
(b) Subject to a management order within the meaning of that Act? No
(c) Subject of an approved voluntary management proposal within the meaning of that Act? No
(d) Subject to an ongoing maintenance order within the meaning of that Act? No
(e) Subject of a site audit statement within the meaning of that Act? * No
Note: in this clause ‘the Act’ refers to the Contaminated Land Management Act 1997. This section only checks items under section 59(2)(a)–(e) of the Act and may not include all available contamination information for the site. A section 10.7(5) certificate may provide further information.
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Page No.: 14 of 15
THE FOLLOWING INFORMATION IS PROVIDED PURSUANT TO SECTION 10.7(5) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT (EP&A ACT) 1979
Does the land have a boundary to a controlled access road?
Note: flooding certificate with level information will be provided only if the response to Section 9(1) of the Section 10.7(2) Certificate is ‘Yes’ or the land is fully/partially located in medium/high flooding risk area. No flood related development control applies to residential premises (exclude group homes and senior housing) if the land is only affected by low risk flood.
Has the NSW Government identified that the land may be traversed by, or located near, a future transport corridor as identified in the Western Sydney Long Term Strategic Corridors project? No
PLANNING CERTIFICATE UNDER SECTION 10.7
Cert. No.: 2148
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 Page No.: 15 of 15
For more information on the Western Sydney Long Term Strategic Corridors, visit: https://www.transport.nsw.gov.au/corridors
9. Fifteenth Avenue Smart Transit Project Not Applicable
10. Offensive Odour and Rural Land Uses Nil
11. Other Matters Nil
For further information, please contact CALL CENTRE – 1300 36 2170
Jason Bredon Acting Chief Executive Officer
Liverpool City Council
Service Location Print Application Number: 8003765772
Document generated at 30-09-2024 08:00:53 AM
Asset Information
Pipe Types
ABS Acrylonitrile Butadiene Styrene AC Asbestos Cement
BRICK Brick
CICL Cast Iron Cement Lined
COPPER Copper
DICL Ductile Iron Cement (mortar) Lined
EW Earthenware
FL BAR Forged Locking Bar
GRP Glass Reinforced Plastics
MS Mild Steel
PE Polyethylene
PP Polypropylene
Cast Iron
Concrete
Ductile Iron
Ductile Iron Polymeric Lined
Fibreglass
Galvanised Iron
High Density Polyethylene
Mild Steel Cement Lined
Polymer Concrete
Polyvinylchloride
PVC - M Polyvinylchloride, Modified PVC - O Polyvinylchloride, Oriented
PVC - U Polyvinylchloride, Unplasticised RC Reinforced Concrete
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)
30 September 2024
Infotrack Pty Limited
Reference number: 8003765761
Property address: Lot 2 Campbelltown Rd Glenfield NSW 2167
Sewer service diagram is not available
Unfortunately, we don't have a Sewer service diagram available for this property.
This may indicate that a diagram was never drawn, an inspection did not occur or that the relevant fees and charges were not paid to submit the diagram to NSW Fair Trading.
The fee you paid has been used to cover the cost of searching our records.
Sincerely
The Sydney Water team
Privacy Statement
This privacy statement explains how the vendor uses and discloses personal information which it holds about you (being either the purchaser or the guarantor) and the privacy rights you have in relation to that information. A reference in this privacy statement to:
(a) the vendor is also a reference to related entities of the vendor;
(b) the contract is a reference to the contract for the sale of land between you, the vendor and the guarantor (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.
1 How the Vendor uses your personal information
The vendor may use your personal information:
(a) in connection with the vendor’s business 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
(b) for the management of the contract.
2 To whom the Vendor discloses your personal information
(a) The vendor may disclose your personal information, if it is necessary to do so, to:
(i) the vendor’s related entities;
(ii) persons in connection with a proposed sale of an interest in the vendor’s business;
(iii) agents engaged by the vendor and notified to you;
(iv) 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;
(v) the vendor’s professional advisors in connection with the sale of the Vendor’s business (including the sale of the property);
3458-8904-9647v15
(vi) the vendor’s financiers; and (vii) the community association; and of whom may be located outside Australia.
3 Your rights
You need not give the vendor any of the personal information it requests. However, all information requested from you is essential for the vendor to enter into a contract for the sale of the property.
You may request access at any time to personal information held by the vendor about you and ask the vendor to correct it if you believe it is incorrect or out of date.
4 Your authority to the vendor
By entering into the contract for sale of the property, you:
(a) acknowledge having read and understood this privacy statement;
(b) authorise the vendor 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 officer or partner that you purport to represent.
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Ed Square – RP2 (Community) (Parkfront Collection)
A The Original Purchaser enteredinto the Original Contract with the Original Vendor under which the Original Purchaser agreed, amongstother things, to procure anytransfereeof the Propertyto enter into an agreement with the Original Vendor to acknowledge and be bound bythe Continuing Obligations.
B The New Purchaser has enteredinto a contract withthe Original Purchaser to purchase the Property.
C The parties have entered into this document to satisfythe OriginalPurchaser's obligations under the Original Contract inrespect of thoseContinuing Obligations.
Agreed Terms
1 Definitions
In this document these terms have the following meanings:
Business Day A daywhich is not a Saturday, Sunday or bank or public holidayinSydney.
Continuing Obligations
Each of the obligations inclauses 37 and 44 of the Original Contract and other continuing obligations onthe Original Purchaser contained in the Original Contract which are to be compliedwith or observed after completionof the Original Contract.
Property Lot [insertlot],CN [insertCN],Stage RP1 (Stage 3 Terraces), Ed, [insertaddress] Edmondson Square being Lot [insertlot] in an unregistered subdivision plan. The
draftsubdivision plan is asubdivision of lots 7 and 6 in the communityplan being a subdivision of Lots 7 and 16 in deposited plan 271215.
Original Contract The contract dated [insertdate] between the Original Vendor and the Original Purchaser for the sale of the Propertyto the Original Purchaser.
2 ReSaleObligations
2.1 Acknowledgement
The New Purchaser acknowledges that:
(a) the Property forms partofa larger developmentknown as Edmondson Square 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 inentering into a contract with the Original Purchaser to purchase the Property;and
(d) enquiries in entering into a contract with the Original Purchaser to purchase the Property.
2.2 RightsandObligations
(a) TheNewPurchaser agrees to be bound by the Continuing Obligations, as if those obligations and guidelines were set out inthis document with anynecessarychanges.
(b) The Original Vendor may:
(i) exercise any rights in theOriginal Contract relating to the Continuing Obligations against theNew Purchaser;and
(ii) take action against the New Purchaser in respect of a breach of the Continuing Obligations.
3 DeedfromTransferee
The New Purchaser must procure any transferee of the Propertyfrom the New Purchaser to enter into a deed with the Original Vendor on similar terms to this document before the transfer takes effect.
4 Indemnity
The New Purchaser indemnifies the Original Vendor against anyclaim, damages, costs or expenses the Original Vendor has or may incur as a result
of a breach of this document by the New Purchaserincluding afailure to obtain a deed from a transferee under clause 3.
5 Costs
The Original Purchaser must, before the date of thisdocument,pay the reasonable legal costs and expenses of the OriginalVendor of negotiating, preparing, executing and completion this document.
6 General
6.1
Counterparts
This documentmayconsist of a number of counterparts and, if so,the counterparts taken together constitute one document.
6.2
Effectofexecution
This document is not binding on any partyunless it or a counterpart has been dulyexecuted byeach person named as a partyto this document.
6.3
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 correspondingmeanings;
(d)
(e) no rule of construction will applyto a clause to the disadvantage of a partymerelybecause thatpartyput forward the clause or would otherwisebenefitfrom it;
(f) a reference to:
(i) a personincludes a partnership, joint venture, unincorporated association, corporation and a government or statutorybody or authority;
(ii) successors,assigns and persons substituted bynovation;
(iii) any legislation includes subordinate legislation under itand includes that legislation and subordinate legislation as modified or replaced; and
(iv) an obligation includes a warrantyor representation and a reference to a failure to complywith an obligation includes a breach of warranty or representation; and
(g) if the date on or by whichany act must be done under this document is not a Business Day, the act must be done on or by the next Business Day.
6.4 Headings
Headings do not affectthe interpretation of this document.
6.5 Deed
This document is a deed. Factors which might suggestotherwise are to be disregarded.
Execution
Executed as a deed.
Signed by the Original Vendor byits Attorneyunder power of attorney Book: No.: in the presence of:
Name of Attorney (print)
Name ofWitness (print)
Signed sealed and delivered bythe Original Purchaser in the presence of:
Name ofWitness (print)
Signed sealed and delivered bythe New Purchaser in the presenceof:
AUSTRALAND RESIDENTIAL EDMONDSON PARK PTY LIMITED LEVEL 2 1C HOMEBUSH BAY DRIVE RHODES NSW 2138
Our reference: 7148974697116
Phone: 13 28 66
22 May 2024
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,
We have decided that purchasers are not required to withhold and pay an amount. Your certificate is below:
Notice number 2410929421223
Vendor name AUSTRALAND RESIDENTIAL EDMONDSON PARK PTY LIMITED
Clearance Certificate Period 22 May 2024 to 22 May 2025
The Commissioner may withdraw this clearance certificate at any time if we obtain further information indicating you are a foreign resident.
Yours faithfully,
Emma Rosenzweig Deputy Commissioner of Taxation
NEED HELP
CONTACT U S
In Australia? Phone us on 13 28 66
If you’re calling from overseas, phone +61 2 6216 1111 and ask for 13 28 66 between 8:00am and 5:00pm Australian Eastern Standard time, Monday to Friday
