ANNEXURE D – SPECIAL PROVISIONS OF SUBDIVISION
BRIGHTON ESTATE
Stage 71 The Green, Butler (Deposited Plan 54274)
1. The Seller is registered for GST. The sale price of this contract is inclusive of the Goods and Services Tax (GST).
The Seller and Buyer agree that the margin Scheme is to be applied in calculating the GST payable on the sale of the
Property.
2. The buyer acknowledges the following encumbrances will be acknowledged on the Transfer of Land document sent to
the Buyer for signature and Registered on the Certificate of Title:
(a)
A Restrictive Covenant pursuant to Section 136D of the Transfer of Land Act.
(b)
A Notification pursuant to Section 165 of the Planning & Development Act stating: “This land has previously
been used as an artillery range and may have contained unexploded ordnance. Whilst the land has been
searched for unexploded ordnance no guarantee can be given that all unexploded ordnance have been found.
Any ordnance found must be treated as dangerous and its location reported to police or defence
establishment.”
(c)
A Notification pursuant to Section 70A of the Transfer of Land Act (non drinking water scheme) stating:
(1) This property is serviced by a non drinking water scheme (supplied via a lilac pipe).
(2) The Registered Proprietor is not to:
(a) use the non-drinking water supply for drinking, food preparation, cooking, bathing or any other use
within the house.
(b) Alter or connect any other pipe to the non-drinking water pipe unless such works are carried out by
a Water corporation approved contractor.
(c) Use the non-drinking water for purposes other than normal garden irrigation.
(d) Interfere with or damage the Irrigation System controller.
(e) Replace the Irrigation System controller except with a controller approved by the Water Corporation
for use within the irrigation system.
(f) Use the Irrigation System controller other than for the purposes of turning the system on and off and
allowing the system to be tested.
(3) The Water Corporation and/or its agents can enter the property for the purposes of monitoring
maintenance repair or reinstatement of the equipment relating to the non-drinking water system pursuant
to its rights under Section 71 of the Water Agencies (Powers) Act 1984.
(d)
Lots 1223 and 1224 only. A restrictive covenant pursuant to Section 129BA of the Transfer of Land Act
(access restriction).
3. The Buyer acknowledges:
(a) The City of Wanneroo may introduce a special landscape maintenance levy for the area in order to
maintain the parkland and entry Statement area within the Estate to the same standard as the developer.
(b) Lots in the Brighton Estate are zoned R20, R30, R40 and R60 which may permit more than one dwelling
on some lots.
(c) Some narrow frontage lots may require single carports under planning requirements and these lots will not
be subject to the general requirements for double carports.
(d) That some lots in the Brighton Estate will be allocated to the Housing Authority for rental housing. The
Seller will use its best endeavours to identify the lots to be allocated to the Housing Authority, however,
the Seller can give no guarantee as to the final location of the lots. If any changes occur, whether before
or after the date of this contract, then the Buyer will not have any recourse against the Seller either for
compensation or for termination of this contract.
(e) A condition of subdivision approval by the Western Australian Planning Commission is that “prospective
purchasers of new lots which have been provided with retaining walls are notified on contracts of sale
ANNEXURE D – SPECIAL PROVISIONS OF SUBDIVISION
regarding the positioning of buildings to ensure that they do not surcharge on any subdivisional retaining
wall.
(e) having received a copy of the Smart Water Initiative Brochure relating to the land hereby sold (“Land”).
The Brochure details how the Land will be supplied with non potable water by a separate reticulation
system. (“Non Potable System”)”. The Brochure forms part of this contract and must be observed and
complied with by the Buyer.
that the Non Potable System will be monitored and a complete review will take place in approximately ten
(10) years time. If it is decided at this time that the substitution of ground water for scheme water has
proved unsuccessful then the entire system will be modified to delivery scheme water and the traditional
volumetric charging system and prevailing water restriction regime will apply and the land owner will not be
charged with any costs associated with modification of the system to scheme water.
that Non Potable System water is to be used for garden irrigation only.
that Non Potable System water is unsuitable for any other uses including drinking, food preparation,
cooking and bathing and further acknowledges that health impacts may result if the Non Potable System
water is used for an unsuitable purpose. The Buyer hereby acknowledges it has an obligation to warn any
subsequent owner, occupants, guests and invitees of the Land that the Irrigation System water is
unsuitable for domestic use and cannot be used drinking, food preparation, cooking and bathing.
the Seller has made every endeavour to provide accurate information to the Buyer in respect of the Non
Potable System and the Buyer acknowledges that some information and engineering detail is preliminary
and may be subject to alteration. The Buyer acknowledges and agrees that there is no compensation
payable by the Seller to the Buyer for any error or omission in the information supplied to the Buyer.
that the Irrigation System controller will limit the Buyer’s control of the Irrigation System to allowing the
system to be turned on and off and allowing for the system to be tested.
The Buyer/s are aware that any reticulation and connection to The Green SmartWater Supply must be
completed by a contractor nominated by the Seller at the purchasers cost.
Signed by the Buyers:
Buyer _______________________________________
Buyer__________________________________________
Witness _____________________________________
Witness _________________________________________
Date _______________________________________
Date ____________________________________________
Signed by the Seller:
Ocean Springs Pty Ltd of C/- 18 Bowman Street, South Perth as Agents for the Seller The Butler Land Company Pty Ltd
(ACN 091076827)
Seller _____________________________________
Witness _________________________________________