CB Richard Ellis (V) Pty Ltd trading ass CBRE Town Planning v Palerang Council

8. Covenants under section 88B of the Conveyancing Act are to apply to the development site incorporating the listed restrictions: Council shall be nominated as the party with the sole right to vary or remove the required Covenants a) Plantings on the entire site, including the building envelopes, shall exclude species listed on the regional weeds lists. Only species indigenous to the locality are to be planted outside the approved building envelopes. b) Ground covers are to be maintained at a minimum 70% in accordance with the guidelines contained in Council's Rural DCP. Reason: To ensure the continued protection of important flora and fauna.

Landscaping along the eastern boundary 10. Prior to the release of the subdivision certificate, the applicant shall provide a landscape screen commencing 15 metres east of the eastern boundary of the building envelopes, on Lots 3, 4 and 5. The landscaping shall be undertaken by the applicant prior to release of the subdivision certificate and have a minimum width of 5 metres. The landscaping maybe a combination of both the retention of existing screening vegetation and where required, supplemented by semi advanced (spring - ring) species. Prior to the commencement of any work, the applicant shall submit a landscape plan that is to the satisfaction of Council, and incorporating the following design parameters for both existing vegetation retained and any supplementary landscaping. i. Use of local indigenous species or other species to Council's satisfaction. ii. Semi advanced (spring - ring) tree species, spaced at intervals that on reaching maturity will have canopies touching each other. iii. Understory planted at a density capable of limiting views into the subdivision, up to a height of two (2) metres on maturity. iv. Any new fencing shall be set behind the landscape screen rather than in front of it.

The applicant shall be responsible for the establishment and maintenance of the landscaping, until the release of the subdivision certificate. The landscape screen shall be protected by S-88B restriction preventing its removal (and requiring its ongoing maintenance and care). Reason: To minimise the impact of the development upon the local environment. Landscaping of Lot 51 will contribute significantly to its compatibility to the surrounding development, by providing an effective visual screen between the two areas.

11. The Department will issue licences for the proposed subdivision in accordance with the following water supply plan.

Proposed Lots 1 The Department advises that the 1.4 ML dam on this Lot (Dam 7 on the water supply plan submitted by SLCC) may be treated as an erosion control structure and therefore will not require a licence. The Maximum harvestable Rights Dm capacity (MHRDC) for Lot 1 (0.17 ML) is included in the capacity of Dam 7. ORDINARY REPORT 7 May 2009 Page 236

Proposed Lots 2 The Department advises that the 1.9 ML and 0.4 ML dams on proposed Lot 2 (Dams 5 & 3 on the Water Supply Plan supplied by SLCC) may be treated as erosion control structures, and therefore will not require a licence . The MHRDC Capacity for Lot 2 is include in the capacity of Dam 5

Proposed Lots 3 The Department advises that the 0.65 ML dam on Proposed Lot 3 (Dam 1 on Water Supply Plan submitted by SLCC) may be enlarged to 0.75 ML capacity, and still be treated as an erosion control structure, and therefore will not require a licence . The MHRDC for Lot 3 (0.2 ML) is included in the capacity of Dam 1

Proposed Lots 4 The Department advises that it is willing to licence the existing unlicensed bore to supply non-potable to proposed Lot 4

Proposed Lots 5 The Department advises that it is willing to licence a new bore to supply non-potable water to Proposed Lot 5. The applicant will be required to submit licence applications under part 5 of the Water Act 1912 for the bores on proposed lots 4 and 5 to the licensing manager Department of Water & Energy, PO Box 156, Leeton NSW 2705. DWE advise the applicant of their requirement to obtain the bore licence from the department to any works being carried out.

12. Prior to the release of the approved subdivision linens by Palerang Council, the applicant shall enter into a covenant in gross pursuant to Section 88B of the Conveyancing Act 1919, with the Department of Water & Energy as a beneficiary. The covenant will be written to prohibit bore and dam construction on the newly created Lots 1 to 5 in addition to those referred to in the approved water supply plan for development application DEV.2008.0157. It is recommended that the applicant present their subdivision linen and covenants to the Department prior to final lodgement to Palerang Council to obtain written clearance from the Department. Reason: Provide clarity and surety of landholders rights, DNR will require that the applicant enter into a restrictive covenant in gross pursuant to Section 88B of the Conveyancing Act 1919 with the Department of Natural Resources (DNR) prohibiting further bore and dam construction on the newly created Lots 1, 2, 3, 4, 5 and 6 on the subject land outside the water supply plan detailed above. DNR shall be the beneficiary of the covenant. The covenant shall be registered and a copy supplied to DNR .

13. The development proposal shall comply with the five Lot subdivision layout identified on the drawing prepared titled "proposed Plan of subdivision" Reason: Bushfire hazard Protection

Road Intersection 16. Design and construct pavement widening of Macs Reef Road at the intersection of the existing access to proposed Lot 1 and a dual access at the proposed Lot 2 / Lot 3 common boundary in accordance with BAR and BAL treatments as detailed in RTA Road Design Guide Figures 4.8.23 and 4.8.34 respectively and as approved by Council. The proposed BAR formation widening shall be constructed in gravel in accordance with the RTA's DGB 20 Specification at a minimum depth of 200 mm and shall be bitumen sealed. The applicant is to provide Council with a detailed pavement design that conforms with AUSTROADS Pavement Design Manual. Engineering design drawings to a scale of 1:200 or 1:250, detailing this work, and showing existing contours, edges of existing pavements, the entrance to new lots, property / road boundaries, road drainage structures and new pavement design are to be submitted to Council for approval prior to the issue of consent under Section 138 of the Roads Act 1993 to commence work in the road reserve. Reason: To ensure safe passage for traffic in the vicinity of the entrance and intersection.

Rural Entrances - Type A 17. Construct a new dual entrance to proposed Lots 2 & 3 and upgrade the entrance to proposed Lot 1 to the minimum standard of Type A as illustrated in Figure 5 of Yarrowlumla Development Control Plan Rural and Rural Residential Zones, and as specified below. Type A entrances shall be bitumen sealed double/double 14/7 on 150 mm of approved gravel. Cross drainage culvert pipes shall be minimum diameter 375 mm, set back a minimum of 4 metres from the edge of the through lane, length to suit the site (minimum 7.32 metres), and fitted with standard concrete headwalls. Permanent erosion protection and re-vegetation shall be provided upstream and downstream of the culvert and in adjacent table drains and batters as required to control erosion. Guideposts shall be provided on the road shoulder each side of the entrance. The adjacent road reserve and table drains, shall be shaped to 1:4 batters and left in a clean and tidy condition after top-soiling and re-vegetation. The entrance to Lot 1 shall include a Type BAR right turn configuration as per Section 4 of the RTA Road Design Guide and include a verge in accordance with Section 3.6 of the RTA Road Design Guide. Reason: To ensure safe entry and exit to lots from the road.

Private Road Construction 18. Within the Right of Carriageway on Lot 1 DP 270429 from Hideaway Place to the proposed Lot 4 / Lot 5 boundary, construct a Type 2 Residential Access Road as specified in Table 2, Road Standards Schedule in Council's Development Control Plan for Rural, Rural Residential and Environmental Protection Zones and Council's Specification for Construction of Private Access Roads and Entrances. Within Lots 4 and 5 from the above access road to the respective building precincts construct gravel Type 1 Single Lot Access roads. Align these access roads / driveways by winding between trees to avoid removing those with trunks 200 mm diameter or greater measured at 300 mm above the ground, and to avoid disturbance of any rock outcrops or other high conservation value habitat. Design drawings to AUS-SPEC #1 Development Specification Series standards for the roads, passing bays and stormwater drainage, based on detailed survey prepared by a Registered Surveyor are required for this road showing trees of trunk diameter greater than 200 mm at 300 mm above the ground, and are to be submitted for approval of the certifier before a Construction Certificate will be issued. A section 88B instrument shall make provision for the owners, from time to time, of lots 4 and 5 to be responsible for the construction and maintenance of the Right of Carriageway Reason: To ensure that provision is made for traffic generated by the development

Provide one-way Type 2 access road, bitumen sealed 4m wide, within the northern reserve of Macs Reef road to facilitate bus turnaround and access to proposed lots 2 & 3, generally in accordance with Sellick Consultant's Drawing "90706 C110 Rev A". The final location of the exit and entrance shall be positioned to achieve Safe Intersection Sight Distance for the design speed of Macs Reef Road. The bus bay is to be designed and constructed in accordance with RTA Road Design Guide.

Reason: To provide safe and adequate bus pick up and set down facilities.

The applicant is to provide a detailed pavement design, conforming with the procedures set out in AUS-SPEC #1 Development Specification Series as amended by Council for the access road to proposed Lots 4 & 5. The design must be based on site-existing sub grade CBR information along the route of the proposed road and is to be shown on typical cross sections in the design drawings. Reason: To ensure that the proposed road is designed to cater for the traffic generated by the development.

Prevent Stormwater Discharge to Public Road via Entrances

Provide effective permanent drainage measures including cross drainage pipes, swales and level spreaders as appropriate within blocks and in the vicinity of each entrance as needed and as approved by the Certifier and Council to divert stormwater away from driveways and control stormwater and sediments flowing from the property to the public road via the driveway. Reason: To ensure that gravel and silt is not washed from the property to the road surface and road table drains.

This approval does not permit or approve the erection of intra-lot (ie within each lot) fencing to each Lot, with the exception of fencing around the building precincts (which shall follow the specifications set out below). Separate approval is required to undertake any such fencing, with particular care being exercised to avoid excessive vegetation disturbance. New Fencing for inter-allotment boundaries within the approved subdivision shall be limited under this consent to the following: o "give & take" fencing so as to minimise unnecessary vegetation removal o 1200mm high; o consist of 6 plain wires evenly spaced. o star steel stakes at 4 metre maximum centres; o intermediate posts at maximum 40 metre intervals, and strainer posts at appropriate intervals taking into account the terrain, topography and distance; o strainer assemblies at ends of fences or at gateways shall be fabricated using galvanised pipe or selected hardwood props. o Wires are to be threaded or attached with galvanised ties. Staples shall not be used to attach wire to posts; o The fence is to be strained to a tension to prevent large stock access. Intermediate and strainer posts are to be of galvanised steel or concrete. Treated pine posts are not to be used. All materials including posts and props must have a minimum Supplier Certified life of 20 years for the soil and water conditions at the site. All fencing whether existing or new shall be migration friendly for native fauna. Reason: Requirement of landowner to control stock but allow native animal movements.

All road reserves boundaries are to be fenced as required in Yarrowlumla Development Control Plan - Rural and Rural Residential Zones, September 2004. Existing fencing can be retained where it fully complies with the standards of the YDCP. Reason: Requirement of landowner to control stock.

Works of subdivision are to be designed and constructed to AUS-SPEC #1 Development Specification Series as amended by Council, which includes Council's Specification for the Construction of Private Access Roads and Entrances. Reason: To ensure that the roads created and other works are of a standard to safely cater for the traffic generated by the development.

Certifier - Subdivision Civil Works 26. Appoint a Certifier to certify design plans, issue a subdivision Construction Certificate, carry out works surveillance and certify the works on completion. This Certifier may be either Council or a private certifier accredited for subdivision civil works. Council's quotation for certification and issue of a Construction Certificate is attached. Council's quote form once executed and returned, also serves as a record of appointment of Council as certifier. Reason: To ensure compliance with Section 81A(4) of the Environmental Planning and Assessment Act 1979.

27. Obtain a Construction Certificate from the appointed certifier, before any construction work commences. A construction certificate can be issued when design plans, and design check schedule have been submitted to the certifier, and have been certified and stamped as complying with this consent. If a Section 138 (Roads Act) Consent is required, provide a copy of construction drawings to Council and arrange for the certifier to confirm with Council that the design of entrances and intersections with public roads meets Council requirements. Council's fee for a Construction Certificate is $125.00 for the first lot plus $62.50 each for subsequent lots created plus GST. The Construction Certificate fee is subject to change in keeping with the annual review of Council's Fees and Charges. Reason: To ensure compliance with Section 81A(4) of the Environmental Planning and Assessment Act 1979.

28. Consent issued by Council under Section 138 of the Roads Act 1993 is required before any work is undertaken on a public road. A security deposit of $5,000.00, engineering plans for the approval of Council's Director Infrastructure Planning, worksite Traffic Control Plan prepared by an RTA accredited designer, details of Contractor and his personnel with RTA Worksite Traffic Control Plans accreditation and evidence of $20m Public Liability insurance will be required before this consent is given. Evidence of public liability insurance cover is to have the following notation included on documentation under Interest Insured or Interested Party from insurers: "……extended to note the interests of Palerang Council as owner of the roads on which the works are sited only in respect of insured's liability arising from the construction of works of subdivision as consented to in Development Application DEV.2008.0157.". When paying security deposit please quote account code GLBondRdWks. Reason: To ensure that works carried out comply with the Roads Act 1993.

Certification and Surveillance - Section 138 Works 29. Payment of certification and works surveillance fees for civil engineering works in accordance with Council's Schedule of Fees and Charges 2008 / 2009. Entrances 2 @ $83.40 + GST $ 183.40 Works Surveillance 2 hours @ $83.40 per hour + GST $ 183.40

Total $ 366.80 Please note that these fees are subject to change in keeping with the annual review of Fees and Charges as set out in Council's Management Plan. When paying these fees please quote the account codes GLS138SubdivSurv. Reason: To ensure compliance with Council's specifications .

Redundant Crown Road Reserves and Gateways 30. All redundant Crown road reserves on the subject land are to be closed. The applicant is to apply to the NSW Department of Lands for the closure of all Crown road reserves, on the subject land, that will not be required for access or road provision once the land is subdivided (and provide a copy of the receipted application to Council prior to release of the subdivision certificate). The applicant is to provide a copy of the gazettal notice of the closures to Council. Upon gazettal of the closures the applicant is to close and fence off any redundant gateways and any existing unauthorised entry points. Reason: To ensure against unauthorised access to lots.

32. A Sediment and Erosion Control Plan (S&ECP) for all site works including roadworks and access to each lot is to be prepared by a person with appropriate accreditation and approved by the appointed Certifier prior to work commencing. The plan is to cover all temporary measures to control erosion and sediment transport in accordance with Landcom's "Soils and Construction Managing Urban Stormwater:" (4th Edition 2004) manual (the "Blue Book"). The S&ECP is to be submitted and accepted by the certifier before issue of the subdivision construction certificate. Temporary erosion and sediment controls are to be in place before the disturbance of any soils on the site, and they are to be maintained during the works and for as along as necessary after the completion to prevent sediment and dirty water leaving the site and / or entering the surface water system outside of the site. Reason: To minimise environmental impact associated with the works and to ensure that disturbed areas are properly rehabilitated following construction.

33. Works of subdivision are to be designed and constructed to AUS-SPEC #1 Development Specification Series as amended by Council, which includes Council's Specification for the Construction of Private Access Roads and Entrances. Reason: To ensure that the roads created and other works are of a standard to safely cater for the traffic generated by the development .

34. For the public roads constructed and entrances onto public roads, including drainage, re-vegetation and erosion control, a defects liability period of 6 months will be applied from the certified date of practical completion of the works. The applicant is required to lodge with Council a bond valued at $17,841.40 per kilometre of new / upgraded road, and/or $1,000.00 for each upgraded or new entrance (nil GST). When paying please quote account code GLBondRdWks. The date of practical completion shall be a date indicated in writing by Council who shall satisfy itself that the road works have been constructed to a serviceable and durable standard. Reason: To ensure that resources are available to repair any defects that become evident in the early life of the works.

Rural Address 35. Payment of the following fee for Rural Addressing:

Supply of Rural Address number 1 Lot @ $111.60 + GST $122.70 2 lots @ $55.80 ea + GST $122.70

TOTAL (incl GST) $245.40 Please note that this fee is subject to change in keeping with the annual review of Fees and Charges as set out in Council's Management Plan. Payment must be made prior to the issue of a Subdivision Certificate. When paying these fees please quote Account Code GLRurAdd . Reason: To enable identification of Rural Address for lots not already numbered.

Section 94 Contribution - Roads (see attached sheet)

36. Payment of a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 towards the provision and use of access roads leading to the development. The calculated contribution is to be determined in accordance with Council's Section 94 Plan No. 2. Please note that the amount is subject to amendment (on 1 July) in keeping with RTA's Road Cost Index (Country Operations Roads). At the 2009/2010 rates the contribution is $3,395.00 for the additional tenement created with access directly off Macs Reef Road and $3,589.00 for each additional tenement gaining access via Hideaway Place and Bankers Road, i.e. $3,395.00 x 1 + $3,589.00 x 2 = $10,573.00 (nil GST). This Contributions Plan may be inspected at Council's administrative office (10 Majara Street, Bungendore) during normal office hours. Payment must be made prior to the issue of a Subdivision Certificate. When paying please quote the ledger numbers on the attached sheet. Reason: To enable Council to provide and upgrade the roads affected by the increase in traffic as a result of this development to a safe standard.

Section 94 Contribution - Community Facilities (see attached sheet)

37. Payment of a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 towards the provision of Community Facilities. The calculated contribution is to be determined in accordance with Council's Section 94 Plan No.3 at the rates applicable at the date of payment. Please note that the rates specified in the Plan are amended on 1 July each year in accordance with CPI adjustments. At the 2009/2010 rates the contribution is $201.00 per additional tenement created, $201.00 x 3 = $603.00. This Contributions Plan may be inspected at Council's administrative office (10 Majara Street, Bungendore) during normal office hours. Payment must be made prior to the issue of a Subdivision Certificate. When paying please quote the ledger numbers on the attached sheet. Reason: To ensure that the provision of Community Facilities development is paid for by the developer rather than the broader community as outlined in Council's Section 94 Plan No 3.

38. The final allotment boundaries and location of building envelopes are to be determined at the time of survey to the satisfaction of Council. Reason: To allow for minor variations to the subdivision layout which become necessary as a result of the detailed final survey and to ensure that the boundaries and building envelopes, when surveyed and drawn on the final subdivision plan, are consistent with the requirements of the local environmental plan, development control plan and the approval.

40. Create a Restriction as to User pursuant to Section 88B of the Conveyancing Act 1919 over proposed Lot 5 prohibiting vehicular access to the Federal Highway. The Roads and Traffic Authority is to be nominated as the authority with power to release, vary or modify the terms of the Restriction as to User. Reason: To enhance traffic safety.

Advice The applicant shall contact the Council's Development Engineering staff to discuss intentions in respect of appointment of certifier and to obtain advice on design of works, environmental matters and construction for civil works and entrances. Engagement of works and supply contractors should be on the basis of Quality Assurance contracts, using AUS-SPEC #1 Development Specification Series exclusively as the technical specification.

J S Murrell Commissioner of the Court ljr

CONTRIBUTION TO ACCESS ROADS UNDER SECTION 94 PLAN (NO. 2)

FILE NO: DEV.2008.0157 OWNER: Stephen & Janice Elliott APPLICANT: CBRE Consulting LOCATION: Lot 51 DP 700408, 786 Macs Reef Road, Bywong ACTIVITY: 5 Lot Subdivision (3 New Tenements) S94 LOCATION: Catchment: 6 Location: 7 S94 CONTRIBUTION:

Ledger Number Amount RA35091 $ 261.00 RA35161 $10,312.00 Total Payment Due: $10,573.00 (nil GST) (Adjusted for 2009/2010 using RTA Road Cost Index)

(The contribution amount is subject to annual adjustment in keeping with the RTA Roads Cost Index. The amount payable will be determined at the time of payment.)

CONTRIBUTION TO COMMUNITY FACILITIES UNDER SECTION 94 PLAN (NO. 3)

LOCATION : Lot 51 DP 700408, 786 Macs Reef Road, Bywong

(The calculated contribution is to be determined in accordance with Council's Section 94 Plan No.3 at the rates applicable at the date of payment.) Appeal No. 10684 of 2009

Important notice Appointment of Certifier for Civil Works QUOTE TO APPOINT PALERANG COUNCIL AS CERTIFIER Under current legislation, a person who proposes to carry out civil construction works as part of a development must appoint an accredited certifier to certify design of works, issue a Construction Certificate, and certify that the work as constructed meets the requirements of the development consent. This Certifier may be either Council or a registered accredited private certifier, who will certify design documentation, issue the Construction Certificate prior to the start of the work, provide surveillance and audit of quality systems for the work and issue Compliance Certificates to Council during, and at the end of the work. (Council will be the Principal Certifying Authority (PCA) for subdivision and will issue the Subdivision Certificate once works are certified as complete. A separate charge for Subdivision Certificate is detailed in the Conditions of Consent). A quote for Council to provide these services, which include works surveillance / audit that needs to be carried out in relation to your development is given below. Council's fees and estimates for certification and surveillance services associated with the project are detailed below, and are based on Council's current Fees and Charges Index. If you wish to select Council as certifier for civil engineering works, please sign the authorisation below and forward the amount indicated.

Engineering Fees (Certification of design documentation submitted by suitably qualified designers, and general advice on documentation requirements prior to issue of construction certificate). Public and Private Road 1 @ $400.00 + GST $ 440.00 (incl GST) GLSubdivEngineer Bridges, Major Culverts/Drainage 3% of Estimated Cost $ (incl GST) GLSubdivEngineer Entrances 4 @ $85.70 + GST $ 377.08 (incl GST) GLSubdivEngineer Construction Certificate Application Fee For subdivision: 1 st lot $125.00 plus $62.50 each for subsequent lots plus GST, plus Long Service Levy of 0.35% of the estimated cost of the work where the cost exceeds $25,000.00, collected on behalf of the Building and Construction Industry Long Service Payments Corporation, which includes a Long Service Levy Collection Fee of $19.80, inclusive of $1.80 GST. Submit an application form for Construction Certificate at the time of payment. CC Application Fee 1 lot @ $125.00 + 4 lots @ $62.50 + GST $ 412.50 (incl GST) CON.2009. Plus L/S fees if applicable $L/S fees (incl $1.80 GST) LSL (ID No.) Works Surveillance and Certification of Work as Constructed (Post Construction Certificate) 7 hours @ $85.70 per hour + GST $ 659.89 (incl GST) GLSubdivEngineer TOTAL $1,889.47 + $L/S Fees The above quote is based on Council's 2009/2010 Fee Schedules and is subject to increase if paid after 30 June 2010. Name: CBRE Consulting Development Approval No. Address: Level 1, 11 Lonsdale Street DEV.2008.0157 Braddon, ACT, 2612 ESTIMATED COST OF WORK (Ref. CC application form) $

I hereby authorise Palerang Council to act as Certifier for the nominated project and enclose the nominated sum.

_____________________________ ……./……./……. ______________ ____________________ Signed Date Amount $ Receipt Number

TO APPLY TO OBTAIN LICENCES FOR THE BORES ON PROPOSED

Proposed Rural/Residential Subdivision - DEV.2008.0157

Groundwater Licence - to supply proposed Lots 4 & 5

General Conditions (all approvals) The purposes of these conditions are to: * Define certain terms used in other conditions * Specify the need to obtain a licence, permit or authority before commencing any works * Specify that, in most cases an approval will only be issued to the occupier of the lands where the works are to be located (as required by the Water Act) * Require existing approvals to be cancelled or let lapse when a licence is issued (if applicable) * Require the safe construction and operation of all works * Require the use of appropriate soil conservation measures * Limit vegetation destruction or removal to the minimum necessary * Require the separate authorisation of clearing under the NVC Act * Allow conditions to be imposed for management of fuel (petroleum) * Require the payment of fees on the issuing of an approval

In the following conditions relating to an approval under the Water Act 1912; * 'the Department' means the Department administering the Water Act 1912; * 'approval' means a licence, permit, authority or approval under that Act; * 'river' has the same meaning as in Section 5 of the Water Act 1912; * 'work' means any structure, earthwork, plant or equipment authorised under the approval to be granted, as defined in Section 5 and 105 of the Water Act 1912; * 'controlled work' means any earthwork, embankment or levee as defined in Section 165 of the Water Act 1912

Before commencing any works or using any existing works for the purpose of domestic water supply and approval under Part 5 of the Water Act 1912 must be obtained from the Department. The application for the approval must contain sufficient information to show that the development is capable of meeting the objectives and outcomes specified in these conditions.

An approval will only be granted to the occupier of the lands where the works are located, unless otherwise allowed under the Water Act 1912.

When the Department grants an approval, it may require any existing approvals held by the applicant relating to the land subject to this consent to be surrendered or let lapse.

All works subject to an approval shall be constructed, maintained and operated so as to ensure public safety and prevent possible damage to any public or private property.

All works involving soil or vegetation disturbance shall be undertaken with adequate measures to prevent soil erosion and the entry or sediments into any river, lake, waterbody, wetland or groundwater system.

The destruction of trees or native vegetation shall be restricted to the minimum necessary to complete the works.

All vegetation clearing must be authorised under the Native Vegetation Act 2003, if applicable.

The approval to be granted may specify any precautions considered necessary to prevent the pollution of surface water or groundwater by petroleum products or other hazardous materials used in the construction or operation of the works.

A licence fee calculated in accordance with the Water Act 1912 must be paid before a licence can be granted.

The purpose of these conditions are to: * Allow the Department to obtain an accurate measure of water use where necessary * Specify the purpose(s) for which the water may be used * Specify conditions to protect water quality and the environment * Specify the maximum rate that water may be taken from the water source * Specify the limitations of when water may be taken from the water source * Require the retention of a vegetated buffer zone and the protection of native vegetation in that buffer zone * Ensure proper management of tailwater drainage * Ensure accessions to groundwater systems are restricted

Suitable devices must be installed to accurately measure the quality of water extraction or diverted by the works.

All water measuring equipment must be adequately maintained. It must be tested as and when required by the Department to ensure its accuracy.

If required by the Department the extraction and use of water must be recorded and reported as specified by the Department. For instance, the Department may require an annual return of information on hours pumped, monthly extraction rate, are of each crop irrigated and irrigation method.

The water extracted under the approval to be granted shall be used for the purpose of domestic water supply and for no other purpose. A proposed change in purpose will require a replacement licence to be issued.

The conditions of the approval may specify how water is to be distributed (for instance by the use of pipes) in order to prevent wastage or accessions to groundwater. The Department may alter the conditions of the approval at any time for these reasons. The use of water shall be conditional on no tailwater drainage being discharged into or onto: * Any adjoining public or crown road * Any other person's land * Any crown land * Any river, creek or watercourse * Any groundwater aquifer * Any area of native vegetation * Any wetlands Conditions for bores and wells See also 'general conditions' and 'conditions for water use' The purpose of these conditions are to: * Set a limited period bore construction * Require the bore to be properly completed and sealed * Require certain information to be provided on completion of the work, including a location plan * Allow DNR access for inspection and testing * Restrict the bore diameter * Specify procedures if saline or polluted water found * Specify procedures if the bore is abandoned * Require advice if water found * Define domestic use * Specify volumetric allocation for each purpose of the entitlement * Specify distances works to be sited from boundaries, streams other bores etc * Identify lands that may be irrigated * Specify a volumetric allocation for the works purpose * Allow DNR to alter the allocation at any time * Provide for a review of allocation if any subdivision occurs * Require regular measuring of water levels to provide information needed to manage aquifers

Works for construction of bore must be completed within such period as specified by the Department. The Department must be notified if a supply of useable water is obtained and the bores shall then be suitably lined and capped to the standard required by the Department. Within two months after the works are completed the Department must be provided with an accurate plan of the location of the works and notified of the results of any pumping tests, water analysis and other details as are specified in the approval. The work, if required by the Department must be at least: * 200 metres from any boundary of the property * 400 metres from any irrigation bore on any adjoining property * 500 metres from the town water supply bore * 400 metres from any Department observation bore * 40 metres from the nearest bank or any river or creek Officers of the Department or other authorised persons must be allowed full and free access to the works for the purpose of inspection and testing. All works must be constructed and maintained to properly control the water extracted to prevent wastage or any reduction in quality of the sub-surface water. The Department may direct that any necessary repairs or alterations be undertaken to maintain the works in good working order. The inside diameter of any casing used to line the bore must not exceed 220mm. Any saline or polluted water located above a producing aquifer must be sealed by the use of cemented casing as specified by the Department. If the bore ceases to be productively used, the Department must be notified and the aquifer must be sealed by a method acceptable to the Department. Any water extracted by the works must not be discharged into any watercourse or groundwater if it would pollute that water. Any water extracted for domestic purposes may be used to water gardens for private use. The volume of groundwater extracted as authorised must not exceed a combined total capacity of 0.8 megalitres for proposed Lot 4 and 1.1 megalitres for proposed Lot 5 in any 12-month period commencing 1 July. The allocation will be reviewed if there is any change in the ownership of the land.

The following allocation, which is included in the total volume above, shall be supplied to the occupier(s) of: Lot/DP Parish County Allocation Purpose

Proposed Lot Bywong Murray 0.8 ML Domestic Water Supply 4 in Subdivision of Lot 51 DP 700408

Proposed Lot Bywong Murray 1.1 ML Domestic Water Supply 5 in Subdivision of Lot 51 DP 700408

The Department has the right to vary the volumetric allocation or the rate at which the allocation is taken in order to prevent the overuse of an aquifer. Both the pumping and non-pumping water levels must be recorded at least twice each year and reported with the annual groundwater return. The Department requires the applicant to enter into a restrictive covenant in gross pursuant to Section 88B of the Conveyancing Act 1919 with the Department of Water and Energy as a beneficiary of the covenant. The covenant will be written to prohibit dam and bore construction on newly created Lots 1 to 5 in addition to those referred to in the approved water supply plan for development application DEV.2008.0157.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.