Issuu

© 2019 The Law Society of New South Wales ACN 000 000 699 and The Real Estate Institute of New South Wales ACN 000 012 457 You can prepare your own version of pages 1 - 3 of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), no other part of this contract may be reproduced without the specific written permission of The Law Society of New South Wales and The Real Estate Institute of New South Wales.

Contract for the sale and purchase of land 2019 edition TERM vendor's agent

MEANING OF TERM

NSW DAN: ABN 94 065 458 782 phone 02 9767 2000 02 9767 2900 fax

FRASERS PROPERTY REAL ESTATE PTY LIMITED Level 2, 1C Homebush Bay Drive, Rhodes NSW 2138

co-agent

Not Applicable

vendor

SHELLHARBOUR CITY COUNCIL (ABN 78 392 627 134) 76 Cygnet Avenue, Shellharbour City Centre 2529

vendor's solicitor

HEARD MCEWAN LEGAL

phone 02 4254 5222 02 4254 5221 fax MJH:KAS:215699 ref

date for completion

42 days after the contract date (clause 15)

land (address, plan details and title reference)

13 SEASIDE AVENUE, SHELL COVE NSW 2529 Registered plan: Lot 1022 in Deposited Plan 1246645

91 Crown Street, Wollongong NSW 2500 DX 27848 WOLLONGONG COURT email: mheard@heardmcewan.com.au

Folio identifier 1022/1246645 garage other:

VACANT POSSESSION

improvements

HOUSE none

carport

home unit

carspace

attached copies

documents in the List of Documents as marked or numbered: other documents:

subject to existing tenancies storage space

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

blinds built-in wardrobes clothes line curtains

dishwasher fixed floor coverings insect screens other:

light fittings range hood solar panels

stove pool equipment TV antenna

exclusions purchaser purchaser's solicitor

phone fax ref

price deposit

$ $

balance

inclusive of GST (10% of the price, unless otherwise stated)

contract date

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

buyer's agent

vendor

witness GST AMOUNT (optional) The price includes GST of: $

purchaser

JOINT TENANTS

tenants in common

in unequal shares

witness

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION p203615_005.docx

Land - 2019 edition

Choices Vendor agrees to accept a deposit bond (clause 3) Nominated Electronic Lodgment Network (ELN) (clause 30)

yes

PEXA

Electronic transaction (clause 30)

YES

(if no, vendor must provide further details, such as the proposed applicable waiver, in the space below, or serve within 14 days of the contract date):

Parties agree that the deposit be invested (clause 2.9)

yes

Tax information (the parties promise this is correct as far as each party is aware) Land tax is adjustable GST: Taxable supply

NO NO NO

Margin scheme will be used in making the taxable supply

yes yes in full yes

yes to an extent

This sale is not a taxable supply because (one or more of the following may apply) the sale is: not made in the course or furtherance of an enterprise that the vendor carries on (section 9-5(b)) by a vendor who is neither registered nor required to be registered for GST (section 9-5(d)) GST-free because the sale is the supply of a going concern under section 38-325 GST-free because the sale is subdivided farm land or farm land supplied for farming under Subdivision 38-O

input taxed because the sale is of eligible residential premises (sections 40-65, 40-75(2) and 195-1) Purchaser must make an GSTRW payment: (residential withholding payment)

yes (refer to clause 62) (if yes, vendor must provide further details)

If the further details below are not fully completed at the contract date, the vendor must provide all these details in a separate notice within 14 days of the contract date.

GSTRW payment (GST residential withholding payment) – further details Frequently the supplier will be the vendor. However, sometimes further information will be required as to which entity is liable for GST, for example, if the supplier is a partnership, a trust, part of a GST group or a participant in a GST joint venture. Supplier's name: Shellharbour City Council Supplier's ABN: 78 392 627 134 Supplier's GST branch number (if applicable): Supplier's business address: 76 Cygnet Avenue, Shellharbour City Centre 2529 Supplier's email address: paul.henderson@shellharbour.nsw.gov.au Supplier's phone number: 02 4221 6078 Supplier's proportion of GSTRW payment:: 100% If more than one supplier, provide the above details for each supplier. Amount purchaser must pay – price multiplied by the GSTRW rate (residential withholding rate): 7% of the purchase price Amount must be paid:

AT COMPLETION

at another time (specify):

Is any of the consideration not expressed as an amount in money?

yes

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

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION p203615_005.docx

Land - 2019 edition

List of Documents General 1 property certificate for the land 2 plan of the land 3 unregistered plan of the land 4 plan of land to be subdivided 5 document that is to be lodged with a relevant plan 6 section 10.7(2) planning certificate (Environmental Planning and Assessment Act 1979) 7 additional information included in that certificate under section 10.7(5) 8 sewerage infrastructure location diagram (service location diagram) 9 sewerage lines location diagram (sewerage service diagram) 10 document that created or may have created an easement, profit à prendre, restriction on use or positive covenant disclosed in this contract 11 planning agreement 12 section 88G certificate (positive covenant) 13 survey report 14 building information certificate or building certificate given under legislation 15 lease (with every relevant memorandum or variation) 16 other document relevant to tenancies 17 licence benefiting the land 18 old system document 19 Crown purchase statement of account 20 building management statement 21 form of requisitions 22 clearance certificate 23 land tax certificate Home Building Act 1989 24 insurance certificate 25 brochure or warning 26 evidence of alternative indemnity cover

Strata or community title (clause 23 of the contract) 32 property certificate for strata common property 33 plan creating strata common property 34 strata by-laws 35 strata development contract or statement 36 strata management statement 37 strata renewal proposal 38 strata renewal plan 39 leasehold strata - lease of lot and common property 40 property certificate for neighbourhood property 41 plan creating neighbourhood property 42 neighbourhood development contract 43 neighbourhood management statement 44 property certificate for precinct property 45 plan creating precinct property 46 precinct development contract 47 precinct management statement 48 property certificate for community property 49 plan creating community property 50 community development contract 51 community management statement 52 document disclosing a change of by-laws 53 document disclosing a change in a development or management contract or statement 54 document disclosing a change in boundaries 55 information certificate under Strata Schemes Management Act 2015 56 information certificate under Community Land Management Act 1989 57 disclosure statement - off the plan contract Other 58 Other:

Swimming Pools Act 1992 27 certificate of compliance 28 evidence of registration 29 relevant occupation certificate 30 certificate of non-compliance 31 detailed reasons of non-compliance HOLDER OF STRATA OR COMMUNITY TITLE RECORDS – Name, address, email address and telephone number

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION p203615_005.docx

4 Land – 2019 edition

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.

OV E

NS W

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.

EL LC

WARNING—LOOSE-FILL ASBESTOS INSULATION Before purchasing land that includes any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989) 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 Division 1A of Part 8 of the Home Building Act 1989). In particular, a purchaser should: search the Register required to be maintained under Division 1A of Part 8 of the Home Building Act 1989, and

(b)

ask the relevant local council whether it holds any records showing that the residential premises contain loose-fill asbestos insulation.

AV E

(a)

AS I

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.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

5 Land – 2019 edition

COOLING OFF PERIOD (PURCHASER’S RIGHTS) This is the statement required by section 66X of the Conveyancing Act 1919 and applies to a contract for the sale of residential property. EXCEPT in the circumstances listed in paragraph 3, the purchaser may rescind the contract at any time before 5 pm on— (a) the tenth business day after the day on which the contract was made—in the case of an off the plan contract, or (b) the fifth business day after the day on which the contract was made—in any other case.

There is NO COOLING OFF PERIOD: (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 section 66W of the Act, or (b) if the property is sold by public auction, or (c) if the contract is made on the same day as the property was offered for sale by public auction but passed in, or (d) if the contract is made in consequence of the exercise of an option to purchase the property, other than an option that is void under section 66ZG of the Act.

A purchaser exercising the right to cool off by rescinding the contract will forfeit to the vendor 0.25% of the purchase price of the property. The vendor is entitled to recover the amount forfeited from any amount paid by the purchaser as a deposit under the contract and the purchaser is entitled to a refund of any balance.

AV E

EL LC

OV E

NS W

AS I

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, Stock and Business Agents Act 2002 prescribe a number of conditions applying to sales by auction.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

6 Land – 2019 edition

WARNINGS 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 NSW Department of Education Australian Taxation Office NSW Fair Trading Council Owner of adjoining land County Council Privacy Department of Planning, Industry and Public Works Advisory Environment Subsidence Advisory NSW Department of Primary Industries Telecommunications Electricity and gas Transport for NSW Land & Housing Corporation Water, sewerage or drainage authority Local Land Services If you think that any of these matters affects the property, tell your solicitor.

A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 2010 or the Retail Leases Act 1994.

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.

If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.

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.

The purchaser will usually have to pay transfer duty (and sometimes surcharge purchaser duty) on this contract. If duty is not paid on time, a purchaser may incur penalties.

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).

The purchaser should arrange insurance as appropriate.

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.

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.

AS I

AV E

EL LC

OV E

NS W

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

7 Land – 2019 edition 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. Definitions (a term in italics is a defined term) In this contract, these terms (in any form) mean – adjustment date the earlier of the giving of possession to the purchaser or completion; 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; deposit-bond a deposit bond or guarantee from an issuer, with an expiry date and for an amount each approved by the vendor; 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); document of title document relevant to the title or the passing of title; 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); 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, 1/11 th if not); legislation an Act or a by-law, ordinance, regulation or rule made under an Act; normally subject to any other provision of this contract; 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; 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; 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).

2 2.1 2.2 2.3 2.4

Deposit and other payments before completion The purchaser must pay the deposit to the depositholder as stakeholder. Normally, the purchaser must pay the deposit on the making of this contract, and this time is essential. If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential. The purchaser can pay any of the deposit by giving cash (up to $2,000) or by unconditionally giving a cheque to the depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder or by payment by electronic funds transfer to the depositholder. If any of the deposit is not paid on time or a cheque for any of the deposit is not honoured on presentation, the vendor can terminate. This right to terminate is lost as soon as the deposit is paid in full. If the vendor accepts a bond or guarantee for the deposit, clauses 2.1 to 2.5 do not apply.

AS I

AV E

EL LC

OV E

NS W

2.5 2.6

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

3.6 3.7 3.8 3.9

3.10

3.11

4 4.1

4.2 4.3 4.4

NS W

OV E

3.5

EL LC

3.4

3.3

AV E

3.2

Deposit-bond This clause applies only if this contract says the vendor has agreed to accept a deposit-bond for the deposit (or part of it). The purchaser must provide the original 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. 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. 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 3.4.2 it has an expiry date at least three months after its date of issue. 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. Clauses 3.3 and 3.4 can operate more than once. If the purchaser serves a replacement deposit-bond, the vendor must serve the earlier deposit-bond. The amount of any deposit-bond does not form part of the price for the purposes of clause 16.7. The vendor must give the purchaser the deposit-bond – 3.9.1 on completion; or 3.9.2 if this contract is rescinded. 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 the deposit-bond (or its proceeds if called up) to the depositholder as stakeholder. If this contract is terminated by the purchaser – 3.11.1 normally, the vendor must give the purchaser the 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 the deposit-bond (or its proceeds if called up) to the depositholder as stakeholder. Transfer Normally, the purchaser must serve at least 14 days before the date for completion – 4.1.1 the form of transfer; and 4.1.2 particulars required to register any mortgage or other dealing to be lodged with the transfer by the purchaser or the purchaser’s mortgagee. If any information needed for the form of transfer is not disclosed in this contract, the vendor must serve it. If the purchaser serves a form of transfer and the transferee is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for this form of transfer. The vendor can require the purchaser to include a form of covenant or easement in the transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land benefited.

3 3.1

AS I

2.9

Land – 2019 edition If the vendor accepts a bond or guarantee for part of the deposit, clauses 2.1 to 2.5 apply only to the balance. 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. 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.

2.7 2.8

Requisitions If a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitions. 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 6.1

Error or misdescription 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). 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. However, this clause does not apply to the extent the purchaser knows the true position.

6.2 6.3

5 5.1 5.2

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

9 Land – 2019 edition

7.1

9.3

9.1 9.2

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 – keep or recover the deposit (to a maximum of 10% of the price); 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 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.

AS I

AV E

8.2

Vendor's rights and obligations 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 8.1.3 the purchaser does not serve a notice waiving the requisition within 14 days after that service. 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.

EL LC

8 8.1

OV E

NS W

7.2

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 – 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 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.

10 10.1

Restrictions on rights of purchaser 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;

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

10 Land – 2019 edition the existence of any authority or licence to explore or prospect for gas, minerals or petroleum; any easement or restriction on use the substance of either of which is disclosed in this 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). The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions. 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).

12 12.1 12.2

12.3 13 13.1 13.2

Certificates and inspections The vendor must do everything reasonable to enable the purchaser, subject to the rights of any tenant – to have the property inspected to obtain any certificate or report reasonably required; to apply (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 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 to make 1 inspection of the property in the 3 days before a time appointed for completion. Goods and services tax (GST) Terms used in this clause which are not defined elsewhere in this contract and have a defined meaning in the GST Act have the same meaning in this clause. 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. 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. 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. Normally, the vendor promises the margin scheme will not apply to the supply of the property. 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. If this contract says the sale is not a taxable supply – 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. 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 –

13.5 13.6 13.7

13.8

AS I

13.4

AV E

13.3

NS W

11.2

Compliance with work orders 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. 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.

OV E

11 11.1

EL LC

10.2 10.3

10.1.7 10.1.8

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

13.13

14 14.1

14.2 14.3

Adjustments 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. The parties must make any necessary adjustment on completion. If an amount that is adjustable under this contract has been reduced under legislation, the parties must on completion adjust the reduced amount. 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. 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. 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 – 14.6.1 the amount is to be treated as if it were paid; and 14.6.2 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). 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. 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.

14.5

14.8

14.7

AS I

14.6

AV E

14.4

NS W

13.12

OV E

13.11

EL LC

13.10

13.9

Land – 2019 edition 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). 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. 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. The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxable supply. 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. If the purchaser must make a GSTRW payment the purchaser must – 13.13.1 at least 5 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 clause 4.3 has been served, by the transferee named in the transfer served with that direction; 13.13.2 produce on completion a settlement cheque for the GSTRW payment payable to the Deputy Commissioner of Taxation; 13.13.3 forward the settlement cheque to the payee immediately after completion; and 13.13.4 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.

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.

Completion ● Vendor On completion the vendor must give the purchaser any document of title that relates only to the property. If on completion the vendor has possession or control of a document of title that relates also to other property, the vendor must produce it as and where necessary. Normally, on completion the vendor must cause the legal title to the property (being an estate in fee simple) to pass to the purchaser free of any mortgage or other interest, subject to any necessary registration. The legal title to the property does not pass before completion.

16.1 16.2 16.3 16.4

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

12 16.5 16.6

17 17.1 17.2

17.3

18 18.1 18.2

NS W

Possession Normally, the vendor must give the purchaser vacant possession of the property on completion. The vendor does not have to give vacant possession if – 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). 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). Possession before completion This clause applies only if the vendor gives the purchaser possession of the property before completion. 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. 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. The risk as to damage to the property passes to the purchaser immediately after the purchaser enters into possession. 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. If this contract is rescinded or terminated the purchaser must immediately vacate the property. If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.

18.4

18.5

AS I

18.3

OV E

16.13

EL LC

16.12

16.11

AV E

16.10

16.8 16.9

16.7

Land – 2019 edition 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. 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 On completion the purchaser must pay to the vendor, by cash (up to $2,000) or settlement cheque – 16.7.1 the price less any: ● deposit paid; ● FRCGW remittance payable; ● GSTRW payment; and ● amount payable by the vendor to the purchaser under this contract; and 16.7.2 any other amount payable by the purchaser under this contract. If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque. If any of the deposit is not covered by a bond or guarantee, on completion the purchaser must give the vendor an order signed by the purchaser authorising the depositholder to account to the vendor for the deposit. On completion the deposit belongs to the vendor. ● Place for completion Normally, the parties must complete at the completion address, which is – 16.11.1 if a special completion address is stated in this contract - that address; or 16.11.2 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 16.11.3 in any other case - the vendor's solicitor's address stated in this contract. 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. 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.

18.6 18.7 19 19.1

19.2

Rescission of contract 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. 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.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

13 Land – 2019 edition

20.2 20.3 20.4 20.5

21 21.1 21.2 21.3 21.4 21.5 21.6 22 22.1 22.2 23 23.1 23.2

OV E

EL LC

20.15

Time limits in these provisions If the time for something to be done or to happen is not stated in these provisions, it is a reasonable time. If there are conflicting times for something to be done or to happen, the latest of those times applies. 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. 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. 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. Normally, the time by which something must be done is fixed but not essential.

AV E

20.13 20.14

20.12

AS I

20.9 20.10 20.11

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

20.8

Strata or community title ● Definitions and modifications 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). 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 s26 Community Land Management Act 1989; 23.2.5 ‘information notice’ includes a strata information notice under s22 Strata Schemes Management Act 2015 and a notice under s47 Community Land Management Act 1989;

20.7

NS W

20.6

Miscellaneous 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. Anything attached to this contract is part of this contract. An area, bearing or dimension in this contract is only approximate. If a party consists of 2 or more persons, this contract benefits and binds them separately and together. 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. 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 4.3); 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; and 20.6.7 served at the earliest time it is served, if it is served more than once. 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. Rights under clauses 11, 13, 14, 17, 24, 30 and 31 continue after completion, whether or not other rights continue. The vendor does not promise, represent or state that the purchaser has any cooling off rights. The vendor does not promise, represent or state that any attached survey report is accurate or current. A reference to any legislation (including any percentage or rate specified in legislation) is also a reference to any corresponding later legislation. Each party must do whatever is necessary after completion to carry out the party's obligations under this contract. Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title. The details and information provided in this contract (for example, on pages 1 - 3) are, to the extent of each party's knowledge, true, and are part of this contract. Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.

20 20.1

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

14 Land – 2019 edition ‘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. Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable by it. Clauses 14.4.2 and 14.5 apply but on a unit entitlement basis instead of an area basis. ● Adjustments and liability for expenses The parties must adjust under clause 14.1 – 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. 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. 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. 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. 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 The purchaser must give the vendor 2 copies of an information notice addressed to the owners corporation and signed by the purchaser. The vendor must complete and sign 1 copy of the notice and give it to the purchaser on completion. Each party can sign and give the notice as agent for the other. The vendor must serve an information certificate issued after the contract date in relation to the lot, the scheme or any higher scheme at least 7 days before the date for completion. The purchaser does not have to complete earlier than 7 days after service of the certificate and clause 21.3 does not apply to this provision. On completion the purchaser must pay the vendor the prescribed fee for the certificate. The vendor authorises the purchaser to apply for the purchaser's own certificate. 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 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.

23.6

23.7 23.8

23.14

23.15 23.16

23.17

NS W

23.11 23.12 23.13

23.10

AS I

AV E

23.9

OV E

23.5

EL LC

23.4

23.3

23.2.6

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

15 Land – 2019 edition 24 24.1

24.2

25.4

25.5

25.6

25.7

AS I

25.2 25.3

Qualified title, limited title and old system title 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. The vendor must serve a proper abstract of title within 7 days after the contract date. 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. 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. 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. 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 form of 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. In the case of land under limited title but not under qualified title –

25 25.1

AV E

EL LC

OV E

24.4

NS W

24.3

Tenancies 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. 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. 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 – ● 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. 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 – ● a proper notice of the transfer (an attornment notice) addressed to the tenant; ● any certificate given under the Retail Leases Act 1994 in relation to the tenancy; ● a copy of any disclosure statement given under the Retail Leases Act 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.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

16 Land – 2019 edition 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). The vendor must give a proper covenant to produce where relevant. 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. If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy from the Registrar-General of the registration copy of that document.

25.10

25.8 25.9

25.7.1

Crown purchase money This clause applies only if purchase money is payable to the Crown, whether or not due for payment. The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it. To the extent the vendor is liable for it, the vendor is liable for any interest until completion. To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.1.

27 27.1

Consent to transfer This clause applies only if the land (or part of it) cannot be transferred without consent under legislation or a planning agreement. 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. The vendor must apply for consent within 7 days after service of the purchaser's part. If consent is refused, either party can rescind. 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. 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. 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. 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. The date for completion becomes the later of the date for completion and 14 days after service of the notice granting consent to transfer.

27.9 28 28.1 28.2

28.3

28.4 28.5 28.6 29 29.1 29.2 29.3 29.4 29.5 29.6

29.7

OV E

EL LC

AV E

27.8

Unregistered plan This clause applies only if some of the land is described as a lot in an unregistered plan. 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. 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. Either party can serve notice of the registration of the plan and every relevant lot and plan number. The date for completion becomes the later of the date for completion and 21 days after service of the notice. Clauses 28.2 and 28.3 apply to another plan that is to be registered before the plan is registered.

27.7

AS I

27.6

27.3 27.4 27.5

Conditional contract This clause applies only if a provision says this contract or completion is conditional on an event. If the time for the event to happen is not stated, the time is 42 days after the contract date. If this contract says the provision is for the benefit of a party, then it benefits only that party. If anything is necessary to make the event happen, each party must do whatever is reasonably necessary to cause the event to happen. A party can rescind under this clause only if the party has substantially complied with clause 29.4. 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. 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

27.2

NS W

26 26.1 26.2 26.3 26.4

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

17 Land – 2019 edition 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 ● the end of the time for the event to happen. 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. A party cannot rescind under clauses 29.7 or 29.8 after the event happens.

30.2

30.3

30.6

30.7

30.5

AS I

AV E

30.4

Electronic transaction This Conveyancing Transaction is to be conducted as an electronic transaction if – 30.1.1 this contract says that it is an electronic transaction; 30.1.2 the parties otherwise agree that it is to be conducted as an electronic transaction; or 30.1.3 the conveyancing rules require it to be conducted as an electronic transaction. However, this Conveyancing Transaction is not to be conducted as an electronic transaction – 30.2.1 if the land is not electronically tradeable or the transfer is not eligible to be lodged electronically; or 30.2.2 if, at any time after the effective date, but at least 14 days before the date for completion, a party serves a notice stating a valid reason why it cannot be conducted as an electronic transaction. If, because of clause 30.2.2, this Conveyancing Transaction is not to be conducted as an electronic transaction – 30.3.1 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 30.3.2 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 14.2. If this Conveyancing Transaction is to be conducted as an electronic transaction – 30.4.1 to the extent that any other provision of this contract is inconsistent with this clause, the provisions of this clause prevail; 30.4.2 normally, words and phrases used in this clause 30 (italicised and in Title Case, such as Electronic Workspace and Lodgment Case) have the same meaning which they have in the participation rules; 30.4.3 the parties must conduct the electronic transaction – ● in accordance with the participation rules and the ECNL; and ● using the nominated ELN, unless the parties otherwise agree; 30.4.4 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; 30.4.5 any communication from one party to another party in the Electronic Workspace made – ● after the effective date; and ● before the receipt of a notice given under clause 30.2.2; is taken to have been received by that party at the time determined by s13A of the Electronic Transactions Act 2000; and 30.4.6 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. Normally, the vendor must within 7 days of the effective date – 30.5.1 create an Electronic Workspace; 30.5.2 populate the Electronic Workspace with title data, the date for completion and, if applicable, mortgagee details; and 30.5.3 invite the purchaser and any discharging mortgagee to the Electronic Workspace. If the vendor has not created an Electronic Workspace in accordance with clause 30.5, the purchaser may create an Electronic Workspace. If the purchaser creates the Electronic Workspace the purchaser must – 30.6.1 populate the Electronic Workspace with title data; 30.6.2 create and populate an electronic transfer; 30.6.3 populate the Electronic Workspace with the date for completion and a nominated completion time; and 30.6.4 invite the vendor and any incoming mortgagee to join the Electronic Workspace. Normally, within 7 days of receiving an invitation from the vendor to join the Electronic Workspace, the purchaser must – 30.7.1 join the Electronic Workspace; 30.7.2 create and populate an electronic transfer; 30.7.3 invite any incoming mortgagee to join the Electronic Workspace; and 30.7.4 populate the Electronic Workspace with a nominated completion time.

NS W

30 30.1

OV E

29.9

EL LC

29.8

29.7.3

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

18 30.8

30.12

30.14

NS W

30.16

AS I

30.15

AV E

30.13

OV E

30.11

EL LC

30.10

30.9

Land – 2019 edition If the purchaser has created the Electronic Workspace the vendor must within 7 days of being invited to the Electronic Workspace – 30.8.1 join the Electronic Workspace; 30.8.2 populate the Electronic Workspace with mortgagee details, if applicable; and 30.8.3 invite any discharging mortgagee to join the Electronic Workspace. To complete the financial settlement schedule in the Electronic Workspace – 30.9.1 the purchaser must provide the vendor with adjustment figures at least 2 business days before the date for completion; 30.9.2 the vendor must confirm the adjustment figures at least 1 business day before the date for completion; and 30.9.3 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. Before completion, the parties must ensure that – 30.10.1 all electronic documents which a party must Digitally Sign to complete the electronic transaction are populated and Digitally Signed; 30.10.2 all certifications required by the ECNL are properly given; and 30.10.3 they do everything else in the Electronic Workspace which that party must do to enable the electronic transaction to proceed to completion. If completion takes place in the Electronic Workspace – 30.11.1 payment electronically on completion of the price in accordance with clause 16.7 is taken to be payment by a single settlement cheque; 30.11.2 the completion address in clause 16.11 is the Electronic Workspace; and 30.11.3 clauses 13.13.2 to 13.13.4, 16.8, 16.12, 16.13 and 31.2.2 to 31.2.4 do not apply. 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 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. 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 – 30.13.1 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 Lodgment 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 30.13.2 the vendor shall be taken to have no legal or equitable interest in the property. 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. 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 – 30.15.1 holds them on completion in escrow for the benefit of; and 30.15.2 must immediately after completion deliver the documents or things to, or as directed by; the party entitled to them. In this clause 30, these terms (in any form) mean – adjustment figures details of the adjustments to be made to the price under clause 14; certificate of title the paper duplicate of the folio of the register for the land which exists immediately prior to completion and, if more than one, refers to each such paper duplicate; completion time the time of day on the date for completion when the electronic transaction is to be settled; conveyancing rules the rules made under s12E of the Real Property Act 1900; 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; ECNL the Electronic Conveyancing National Law (NSW); effective date the date on which the Conveyancing Transaction is agreed to be an electronic transaction under clause 30.1.2 or, if clauses 30.1.1 or 30.1.3 apply, the contract date; electronic document a dealing as defined in the Real Property Act 1900 which may be created and Digitally Signed in an Electronic Workspace; 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;

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

19 electronic transaction

electronically tradeable incoming mortgagee

mortgagee details

NS W

Foreign Resident Capital Gains Withholding 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. The purchaser must – 31.2.1 at least 5 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 clause 4.3 has been served, by the transferee named in the transfer served with that direction; 31.2.2 produce on completion a settlement cheque for the FRCGW remittance payable to the Deputy Commissioner of Taxation; 31.2.3 forward the settlement cheque to the payee immediately after completion; and 31.2.4 serve evidence of receipt of payment of the FRCGW remittance. The vendor cannot refuse to complete if the purchaser complies with clauses 31.2.1 and 31.2.2. If the vendor serves any clearance certificate or variation, the purchaser does not have to complete earlier than 7 days after that service and clause 21.3 does not apply to this provision. If the vendor serves in respect of every vendor either a clearance certificate or a variation to 0.00 percent, clauses 31.2 and 31.3 do not apply.

32.2 32.3

Residential off the plan contract 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). No provision of this contract has the effect of excluding, modifying or restricting the operation of the Division. If the purchaser makes a claim for compensation under the terms prescribed by clause 6A of the Conveyancing (Sale of Land) Regulation 2017 – 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. This clause does not apply to a contract made before the commencement of the amendments to the Division under the Conveyancing Legislation Amendment Act 2018.

AS I

32.4

32 32.1

AV E

31.5

31.3 31.4

EL LC

OV E

31.2

participation rules populate title data 31 31.1

Land – 2019 edition 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; a land title that is Electronically Tradeable as that term is defined in the conveyancing rules; 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; the details which a party to the electronic transaction must provide about any discharging mortgagee of the property as at completion; the participation rules as determined by the ECNL; to complete data fields in the Electronic Workspace; and the details of the title to the property made available to the Electronic Workspace by the Land Registry.

BREACH OF COPYRIGHT MAY RESULT IN LEGAL ACTION

ADDITIONAL PROVISIONS

33.

Inconsistencies between clauses ........................................................................................................ 21

34.

Death etc of a party ............................................................................................................................. 21

35.

Notice to serve form of transfer and/or complete ................................................................................ 21

36.

Waiver .................................................................................................................................................. 21

37.

Delayed Completion ............................................................................................................................ 22

38.

Notices ................................................................................................................................................. 22

39.

Dispute resolution ................................................................................................................................ 22

40.

Requisitions ......................................................................................................................................... 23

41.

Purchaser's acknowledgement ............................................................................................................ 23

42.

Council rate adjustment ....................................................................................................................... 26

43.

Purchaser may not lodge caveat ......................................................................................................... 26

44.

Entire agreement ................................................................................................................................. 26

45.

Deposit ................................................................................................................................................. 26

46.

Sewer Diagram .................................................................................................................................... 27

47.

Adjoining Land Owned by Vendor ....................................................................................................... 27

48.

GST...................................................................................................................................................... 27

49.

Deposit Bond ....................................................................................................................................... 27

50.

Government Information (Public Access) Act 2009 (“the Act”) ............................................................ 29

51.

Foreign Investment Review Board ...................................................................................................... 29

52.

Guarantee ............................................................................................................................................ 30

53.

Trustee provisions ............................................................................................................................... 32

54.

Assignment by Purchaser .................................................................................................................... 32

55.

Construction of Dwelling ...................................................................................................................... 33

56.

No Resale Without Consent ................................................................................................................ 33

57.

Plan Approval ...................................................................................................................................... 34

58.

GST withholding tax ............................................................................................................................. 34

p203615_004.docx

ADDITIONAL PROVISIONS 33.

Inconsistencies between clauses

33.1

If there is any inconsistency between any of the clauses 1 to 32 inclusive and the following clauses, then the provisions of the following clauses shall prevail.

34.

Death etc of a party

34.1

If, before completion, the Purchaser or any one of them : 34.1.1 dies or becomes mentally ill or becomes incapable of managing his or her affairs, the Vendor can rescind; or 34.1.2 is declared bankrupt or enters into any scheme or makes any assignment for the benefit of creditors or (being a company) resolves to go into liquidation or has a petition for its winding up presented or enters into any scheme or arrangement with its creditors or has a liquidator, provisional liquidator, receiver or official manager appointed, the Purchaser is in default under this Contract and the Vendor may terminate the Contract forthwith by notice in writing to the Purchaser.

35.

Notice to serve form of transfer and/or complete

35.1

If this Contract is not completed on the completion date by the time specified in this Contract:

35.1.1 the Vendor can serve a notice including a notice served after that time: 35.1.1.1

if the Purchaser has failed to serve the form of transfer, to require the Purchaser to do so within not less than 2 business days after service of the notice; or

35.1.1.2

to require the Purchaser to complete within not less than 14 days after service of the notice; or

35.1.1.3

to require both, and to make the time for doing so essential;

35.1.2 the Purchaser can serve a notice to require the Vendor to complete within not less than 14 days after service of the notice and to make the time for doing so essential.

35.2

The periods referred to in this clause are deemed reasonable for all purposes.

35.3

The party giving a notice under this clause can withdraw that notice and subsequently serve a further notice instead of that notice.

36. 36.1

Waiver Any express right to rescind is for the benefit of both parties and cannot be waived by only one party.

p203615_004.docx

37.

Delayed Completion

37.1

If the Purchaser shall not complete this purchase by the completion date, without default by the Vendor, the Purchaser shall pay to the Vendor on completion, in addition to the balance purchase money: 37.1.1 an amount calculated as ten per cent (10%) per annum interest on the balance purchase money, computed at a daily rate from the day immediately after the completion date to the day on which this sale shall be completed; and 37.1.2 the sum of three hundred fifty dollars plus GST ($350.00 + GST) to cover legal costs and other expenses incurred as a consequence of the delay to be allowed by the Purchaser as an additional adjustment on completion;

37.2

It is agreed that these amounts are a genuine pre-estimate of the Vendor's loss of interest on the purchase money and for outgoings and additional expenses.

38.

Notices

38.1

Despite paragraph 20.6.5 a document is served for the purposes of this Contract if it is sent by facsimile transmission to the party's solicitor at that solicitor's facsimile number (whether or not stated in this Contract) and it is deemed to have been received when the transmission has been completed except where: 38.1.1 the sender's machine indicates a malfunction in transmission or the recipient immediately notifies the sender of an incomplete transmission, in which case the notice or document is deemed not to have been given or received; or 38.1.2 the time of dispatch is later than 5.00 pm on a business day in the place to which the notice or document is sent, in which case it is deemed to have been received at 9.00 am on the next business day at that place.

39.

Dispute resolution

39.1

If a dispute arises out of or relates to this Contract, including any dispute as to breach or termination of this Contract or as to any claim in tort, in equity or under any statute, a party can not commence any court or arbitration proceedings relating to the dispute unless that party has complied with the following sub-clauses except where that party seeks urgent interlocutory relief.

39.2

A party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute.

39.3

On receipt of that notice by the other party, the parties must try in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.

p203615_004.docx

39.4

If the parties do not agree within 7 days of receipt of the notice, or any further period agreed in writing by them, as to: 39.4.1 the dispute resolution technique and procedures to be adopted; 39.4.2 the timetable for all steps in those procedures; 39.4.3 the selection and compensation of the independent person required for such technique, the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President's nominee to select the mediator and determine the mediator's remuneration.

40.

Requisitions

40.1

The printed conditions of this Contract are amended by deleting "twenty-one (21) days" where those numbers and words appear in subclauses 5.2.1 and 5.2.2 and replacing them with "ten (10) days".

40.2

For the purposes of clause 5.1, those requisitions made by the Purchaser in the attached form of requisitions shall (subject to printed clause 5.2) be the only requisitions made by the Purchaser and the Vendor is deemed to have answered those requisitions in accordance with the answers shown on that attached form of requisitions.

41.

Purchaser's acknowledgement

41.1

The Vendor proposes to develop the balance of the land owned by the Vendor in and adjoining Shell Cove. The proposed developments include (but may not be limited to) a boat harbour, town centre, commercial and residential buildings, further land subdivisions and the construction of civic amenities including playing fields.

41.2

The Purchaser specifically acknowledges that the Vendor has disclosed and that the Purchaser is aware of each the following matters in respect of the proposed developments: 41.2.1 The proposed developments may involve multi-storey buildings and mixed uses including (but not limited to) hotels, residential apartments, commercial uses, community centres, carparks and a district retail centre; 41.2.2 The Vendor cannot and does not warrant that all the proposed developments will proceed; 41.2.3 Harbour Boulevard will be the single access route between Bass Point Tourist Reserve, any future Commercial Precinct and Bass Point Quarry Management Offices; 41.2.4 Boolwarroo Parade and Bass Point Tourist Road will be permanently severed to allow for the connection between the boat harbour and the ocean ; 41.2.5 There will be: 41.2.5.1

24 hour public access to the beach, car park and to a boat launching ramp and associated facilities; and

41.2.5.2

24 hour operation of water based commercial facilities and land based Marina Maintenance and Dry Boat storage facilities conducted as part of the boat harbour;

p203615_004.docx

41.2.6 There will be access for helicopters to land and take off from playing fields. 41.2.7 There may be a commercial precinct / business park fronting Harbour Boulevard adjacent to the playing fields.

41.2.8 and the Purchaser: 41.2.8.1

must not make any claim for compensation, requisition or delay completion in respect of any of these matters; and

41.2.8.2

acknowledges that the property the subject of this Contract may be affected by emissions, noise and vibrations, dust and other impacts arising from such construction, development and ongoing activities; and

41.2.8.3

41.3

agrees that the provisions of this subclause shall not merge on completion.

The purchaser acknowledges that both before and after completion the vendor and persons authorised by the vendor are entitled to and will: 41.3.1 carry on construction on, and further develop, land at Shell Cove; 41.3.2 conduct selling activities on land at Shell Cove; 41.3.3 place and maintain on land at Shell Cove signs, advertisements, boards, writing, plates, signals, illuminations, banners and insignia in connection with those selling activities; 41.3.4 erect, maintain and use land at Shell Cove as a housing display centre, 41.3.5 erect and maintain acoustic barriers along Bass Point quarry haul road as required and approved by Authorities,

as the vendor in its absolute discretion thinks fit. The Purchaser acknowledges that the property the subject of this Contract may be affected by emissions, noise and vibrations, dust and other impacts arising from such construction and development, the operation of the quarry nearby and the ongoing operation and associated activities of the marina maintenance and dry boat storage facility and boat ramp car park . The purchaser will make no claim for compensation or objection to such construction, development activities, quarry operation or marina maintenance and dry boat storage facility and boat ramp carpark and agrees that the provisions of this subclause shall not merge on completion.

41.4

The Purchaser acknowledges that by reason of the development of a lot or lots adjoining the land, the land may adversely suffer loss of solar access, visual amenity and views (even though such loss is mitigated by reason of the dimensions of the land and such adjoining lots). The Purchaser must not make any claim for compensation, requisition or delay completion in respect of such loss and the consequences of such loss in his ability to develop the land.

41.5

The purchaser acknowledges that: 41.5.1 in entering into this contract they have not relied upon any warranty or representation made by or any other conduct engaged in by the vendor or any agent or person on behalf of the

p203615_004.docx

vendor except such as are expressly provided in this contract but has relied entirely upon his own enquiries; 41.5.2 neither the vendor nor any agent or person on behalf of the vendor has made any representation or warranty upon which the purchaser relies as to the fitness or suitability for any particular purpose of the property;

41.6

The vendor discloses that the vendor may (at its sole discretion), subject to any requirements under the Environmental Planning and Assessment Act, 1979, exhibit and adopt a new Shell Cove Development Control Plan. 41.6.1 The Purchaser specifically acknowledges that they have read and is aware of the terms of the Killalea State Park Plan of Management Addendum dated December 2005 which permits a range of types of holiday accommodation and associated recreational and sporting facilities and retailing activities. 41.6.2 The Purchaser will make no claim for compensation or requisition and will not delay completion as the result of any such activities constructed or intended within Killalea State Park.

41.7

The purchaser represents and warrants that: 41.7.1 it was not induced to enter into this contract by, and did not rely on, any representations or warranties made by or on behalf of the vendor (including representations or warranties about the nature of, or the suitability for any purpose of, or the potential financial return from, the property) except those representations and warranties set out in this contract; and 41.7.2 in entering into this contract the purchaser has relied entirely on its own enquiries relating to the property; and 41.7.3 the purchaser has obtained appropriate independent advice about this contract and is satisfied about: 41.7.3.1 its obligations and rights under this contract; and 41.7.3.2 its obligations under the Strata Management Statement and all other attachments to this contract; and 41.7.3.3 the purposes for which the property may be lawfully used; and 41.7.3.4 the Development Approvals affecting the property; and 41.7.3.5 the purchaser’s entitlement (if any) to claim income tax deductions for depreciation of any depreciating assets included in the sale, or in connection with the cost of construction of Icon generally. 41.7.4

on the date of this contract that it is not illegally transferring funds from the People’s Republic of China (“PRC”) to pay the deposit;

41.7.5

on the completion date that it is not illegally transferring funds from the People’s Republic of China (“PRC”) to pay the balance of the price; and

41.7.6

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

p203615_004.docx

41.7.7

by entering into the contract, and the transactions contemplated by the 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).

42.

Council rate adjustment

42.1

Notwithstanding any other provision of this Contract, in the event there is at completion no separate assessment of Council rates: 42.1.1 the Vendor and Purchaser agree that the amount of the Council rates to be apportioned and adjusted on completion will be $1,500.00 per annum as though they have not been paid by the Vendor and that there shall be no further adjustment following completion; 42.1.2 the Purchaser shall not require the Vendor to pay unpaid Council rates (if any) on, prior to or after completion and shall accept from the Vendor on completion (in full satisfaction of the Vendor's obligation to adjust Council rates) an allowance apportioned for the period commencing the date the deposited plan was registered and ending on the completion date.

42.2

The benefits of this clause shall not merge on completion.

43.

Purchaser may not lodge caveat

43.1

The Purchaser must not lodge a Caveat for notation on the folio of the register for the property, but in the event the Purchaser so lodges a Caveat in contravention of this clause, the Purchaser appoints the Vendor its Attorney for the purposes of doing anything necessary to have that Caveat withdrawn.

44.

Entire agreement The parties acknowledge that the terms and conditions set out in this Contract contain the entire agreement as concluded between the parties as at the date of this Contract notwithstanding any negotiations or discussions held or documents signed or brochures produced or statements made by the Vendor or any agent or person on behalf of the Vendor prior to the execution of this Contract.

45.

Deposit

45.1

The definition of depositholder in printed clause 1 is deleted and replaced with “Vendor’s Solicitors”.

45.2

In the event this Contract on printed page 1 indicates that the deposit shall be invested, the parties hereby, for the purposes of printed clause 2.9, tell the Vendor's Solicitors that the deposit is to be invested, but notwithstanding, they shall not be obliged to invest such deposit until the Purchaser’s Solicitor has provided to them details of the Purchaser’s Tax File Number and date of birth.

p203615_004.docx

45.3

Printed clause 2.9 is amended so that if the Purchaser completes this Contract in accordance with its terms, all interest earned on investment of the deposit shall be paid to the Purchaser.

45.4

The Purchaser authorises the deduction of $300.00 + GST from the interest to be paid to him pursuant to this provision as reimbursement of expenses the Vendor incurs in relation to the investing of the deposit and its withdrawal.

46.

Sewer Diagram

46.1

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

46.2

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

47.

Adjoining Land Owned by Vendor The Purchaser acknowledges that adjoining land is/may be owned by the Vendor and that the Vendor is not obliged to contribute to fencing work. The benefit of this clause does not merge on completion.

48.

GST Printed clause 13.10 of this Contract is deleted.

49.

Deposit Bond

49.1

In this contract, the word “Bond” means the deposit bond issued to the vendor at the request of the purchaser by an entity in clause 49.9, or a bank guarantee issued by a bank in clause 49.10 (in either case, “the Issuer”).

49.2

The purchaser may pay the deposit by way of a Bond provided that it is issued by one of the entities referred to in clause 49.9 and if the Bond contains an expiry date it is not earlier than 3 months after the Completion Date.

49.3

Subject to clauses 49.4 and 49.5 below, the delivery of the Bond, upon the making of this contract shall, to the extent of the amount guaranteed under the Bond, be deemed for the purposes of this contract to be payment of the deposit in to the deposit holder in accordance with this contract.

49.4

The purchaser shall pay the amount stipulated in the Bond to the vendor by unendorsed bank cheque on completion of this contract or at such time as may be provided for the deposit to be accounted to the vendor.

p203615_004.docx

49.5

If the vendor serves on the purchaser a notice in writing claiming to forfeit the deposit then, to the extent that the amount has not already been paid by the Issuer under the Bond, the purchaser shall forthwith pay the deposit (or so much thereof as has not been paid) to the vendor.

49.6

The vendor acknowledges that payment by the Issuer under the Bond shall, to the extent of the amount paid, be in satisfaction of the purchaser’s obligation to pay the deposit.

49.7

Where a bond pursuant to this clause is given to the vendor the amount guaranteed under the Bond shall be not less than 10% of the price.

49.8

Notwithstanding any other provision of this contract, if the Bond (in this paragraph referred to as the “Original Bond”): 49.8.1 contains an expiry date or a date after which the vendor may not be able to enforce the Original Bond; or 49.8.2 is or, in the reasonable opinion of the vendor is likely to be, unenforceable for any reason,

the purchaser must provide to the vendor a replacement Bond securing the same amount as the Original Bond or a bank cheque of equivalent value (“New Bond”) on the earlier of:

49.8.3 1 month prior to the date in clause 49.8.1; and 49.8.4 7 days after the vendor notifies the purchaser that it has formed the opinion in clause 49.8.2.

If the New Bond contains an expiry date, it must be not earlier than 12 months from the date of the New Bond. Upon the receipt of the New Bond the vendor will release the Original Bond to the purchaser. If the purchaser does not comply with this clause 49.8, the vendor may, in addition to any other rights and remedies at law, terminate this contract. Time shall be of the essence of the contract in this clause 49.8.

49.9

49.10

The vendor will not accept a deposit bond from entities other than the following:

Bond Provider

Underwriter

Aussie Bonds Australia

QBE Insurance (Australia) Ltd

Deposit Bonds Australia

QBE Insurance (Australia) Ltd

Deposit Underwriters

QBE Insurance (Australia) Ltd

The vendor will not accept a bank guarantee from banks other than the following: Citibank Westpac

Banking

Corp

National

Australia Bank Commonwealth Bank of Australia ANZ

p203615_004.docx

BankWest HSBC St George Bank Macquarie Bank Suncorp-Metway IMB Bank Bendigo and Adelaide Bank 50.

Government Information (Public Access) Act 2009 (“the Act”)

50.1

The Purchaser acknowledges they are aware: 50.1.1 that the Vendor is an agency for the purposes of the Act; and 50.1.2 that in order to comply with the requirements of the Act, the Vendor must enter into a register such details of this Contract as are required by the provisions of the Act (“the information”); and 50.1.3 that the Vendor, upon receiving an application from a member of the public for access to the information, may release it in accordance with the requirements imposed upon it by the provisions of the Act.

51.

Foreign Investment Review Board

51.1

If the Purchaser is a "foreign person" as defined under Sections 21A(1) or 4(6) of the Foreign Acquisitions and Takeovers Act, then in addition to the Purchaser's other obligations under this Contract, the following conditions in this clause will apply.

51.2

The sale and purchase of the property is conditional upon the Treasurer advising the Purchaser that the Treasurer has no objection to the acquisition of the property by the Purchaser either: 51.2.1 unconditionally; or 51.2.2 subject to conditions with which the Purchaser must comply within thirty (30) business days from the date of notice from the Treasurer.

51.3

The Purchaser must: 51.3.1 give notice to the Treasurer under Section 26A of the Foreign Acquisitions and Takeovers Act in the prescribed form; or 51.3.2 comply with all directions on that form,

within five (5) Business Days from the Contract Date.

51.4

The Purchaser must: 51.4.1 use its best endeavours to obtain the approval of the Treasurer under the Foreign Acquisitions and Takeovers Act; and

p203615_004.docx

51.4.2 do all things and provide all information and documents required by the Treasurer or the Foreign Investment Review Board in connection with the application for approval under the Foreign Acquisitions and Takeovers Act promptly and, in any event, within three (3) Business Days of being notified by the Treasurer.

51.5

This Condition: 51.5.1 is for the benefit of both parties; and 51.5.2 may not be waived.

51.6

If this Condition is not satisfied within the period specified in clause or approval of the Treasurer is denied then this Contract will terminate automatically without notice and subject to the Vendor's rights in respect of any antecedent breach of the provisions of this Contract:

51.6.1 the Vendor will repay all money paid by the Purchaser to the Vendor or the Vendor's Representative under this Contract; and 51.6.2 neither the Purchaser nor the Vendor shall have any claim against the other.

51.7

The Purchaser must give the Vendor or the Vendor's Representative a written notice within two (2) Business Days of this Condition being satisfied or otherwise.

52.

Guarantee

52.1

Where the Purchaser is a corporation (including as a trustee of a trust), in consideration of the Vendor entering into this Contract at the request of the Guarantor, the Guarantor:

52.1.1 guarantees to the Vendor: 55.1.1.1

payment of all moneys payable by the Purchaser; and

55.1.1.2

the Purchaser's performance of all other obligations, under this Contract; and

52.1.2 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.

52.2

For the purpose of this clause, “Guarantor” means that person or those persons who have signed this Contract in his, her or their capacity or capacities as directors of officers of the Purchaser corporation (as is acknowledged by those signatories).

52.3

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

52.4

The liabilities of a Guarantor are not affected by:

p203615_004.docx

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

52.4.2 the Purchaser's death, bankruptcy or liquidation, the Guarantor or any one of them; 52.4.3 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; 52.4.4 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 52.4.5 the Vendor obtaining a judgment against the Purchaser, the Guarantor or any other person for the payment of the moneys payable under this Contract.

52.5

This guarantee and indemnity will continue notwithstanding: 52.5.1 the Vendor has exercised any of the Vendor's rights under this Contract including any right of termination; 52.5.2 the Purchaser is wound up; or 52.5.3 this Contract is for any reason unenforceable against the Purchaser either in whole or in part.

52.6

This guarantee and indemnity: 52.6.1 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; 52.6.2 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; and 52.6.3 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.

52.7

If any payment made to the Vendor by or on the Purchaser's behalf by the Guarantor is subsequently avoided by any statutory provision or otherwise: 52.7.1 that payment is to be treated as not discharging the Guarantor's liability for the amount of that payment; and 52.7.2 the Guarantor and the Vendor 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.

52.8

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.

p203615_004.docx

52.9

It is an essential term of this Contract that this Guarantee is given.

53.

Trustee provisions

53.1

This clause shall apply if the Purchaser enters into this Contract as trustee of any trust (Trust).

53.2

The Purchaser covenants with the Vendor that: 53.2.1 the Purchaser has full, complete and valid authority pursuant to the Trust and the document evidencing the establishment and terms of the Trust (Trust Deed) to enter into this Contract; 53.2.2 the Purchaser is unconditionally liable both in its own right and as trustee of the Trust for the performance of all covenants and agreements on the Purchaser's part contained in this Contract; 53.2.3 the Purchaser is entering into this Contract and the transactions evidenced by this Contract as part of the due and proper administration of the Trust and for the benefit of all of the beneficiaries or unit holders of the Trust.

53.3

The Purchaser acknowledges that: 53.3.1 it is the sole trustee of the Trust; 53.3.2 the powers under the Trust Deed have not been revoked; 53.3.3 it has not been removed from office as trustee of the Trust and has not ceased to act as trustee of the Trust; 53.3.4 no property of the Trust has been resettled or transferred to any other person; 53.3.5 the Trust has not been terminated; 53.3.6 any event or date for the vesting of the property of the Trust has occurred.

53.4

The Vendor's rights of indemnity which the Purchaser has against the trust assets or the beneficiaries or unit holders of the Trust will not be limited.

54.

Assignment by Purchaser

54.1

Printed clause 4.3 is deleted.

54.2

The Purchaser may only assign or novate this Contract (or otherwise dispose of its interest, or any part of it, in this Contract or the property) with the Vendor's prior written consent which may be withheld or granted (with or without conditions) in the Vendor's sole discretion.

54.3

When seeking the Vendor's consent under clause 54.2, the Purchaser must advise the Vendor of the identity of the other party and details of any proposed guarantor.

54.4

This clause is an essential term of this Contract.

p203615_004.docx

55.

Construction of Dwelling

55.1

The Purchaser must execute the attached Deed of Covenant ("Deed") and hand it to the Vendor at the same time as it enters into this Contract; 55.1.1 the Purchaser must execute the attached Deed of Covenant ("Deed") on or before completion and must hand it to the Vendor on completion; 55.1.2 the Purchaser must carry out the Obligations (as defined in the Deed) imposed upon the Purchaser by the terms of the Deed; 55.1.3 the Purchaser must construct the Residence (as defined in the Deed) in accordance with the plans and specifications approved under clause 2(c) of the Deed; 55.1.4 the Purchaser must not vary or depart from the approved plans without the consent of the Vendor which consent, if given at all, may be given subject to conditions provided that the consent of the Vendor is not required for internal variations or departures (for example moving an internal wall to make a room larger) that have no impact on and make no alteration to the external appearance of the Residence.

55.2

The Purchaser acknowledges that this clause is reasonable in the context of The Waterfront Precinct of Shell Cove having been planned and approved as a community with a clearly defined architectural style.

55.3

Rights under this special condition continue after completion of this Contract, whether or not other rights continue.

56.

No Resale Without Consent

56.1

If the Purchaser sells the land before construction of the Residence has been completed, the Purchaser must: 56.1.1 include in the contract for sale of the land a clause in similar terms to clause 55 of this Contract which reflects the Purchaser's contractual obligations under that clause and with the addition that the clause is made for the benefit of the Vendor in this Contract; and 56.1.2 ensure that on completion of the sale by the Purchaser, the purchaser from the Purchaser enters into a deed of covenant with the Vendor on similar terms (mutatis mutandis) as the Deed of Covenant referred to in clause 55.1.1 of this Contract.

56.2

56.3

Rights under this special condition continue after completion of this Contract, whether or not other rights continue.

p203615_004.docx

57.

Plan Approval

57.1

No later than ten (10) business days prior to the completion date, the Purchaser must submit to Australand Corporation (NSW) Pty Ltd, a division of Frasers Property Australia ("Frasers Property Australia") documentation compliant with Appendices A to D of the Design Guidelines forming part of the Deed of Covenant referred to in clause 55.1.1 for its approval pursuant to clause 2(c) of that Deed of Covenant.

57.2

Frasers Property Australia shall diligently assess whether or not those documents disclose compliance with the requirements of the Design Guidelines and, in the event of non-compliance, shall so inform the Purchaser using its best endeavours to do this no later than ten (10) business days from receipt of the documentation referred to in clause 57.1. During this time, the Purchaser shall, if requested by Frasers Property Australia to do so, promptly provide and give to Frasers Property Australia any further documents, reports, information or the like reasonably required by Frasers Property Australia in order for it to make its assessment.

57.3

In the event, in the opinion of Frasers Property Australia, there is non-compliance, the Vendor may by notice in writing to the Purchaser rescind this Contract whereupon the deposit paid by the Purchaser shall be refunded to the Purchaser save for $2,000.00 plus GST incurred by the Vendor for administrative expenses which shall be retained by the Vendor.

57.4

In the event the Purchaser fails to lodge the documents referred to in clause 57.1 by the time required by the terms of that clause, the Vendor may by notice in writing to the Purchaser rescind this Contract and refund to the Purchaser the deposit paid by the Purchaser save for $2,000.00 plus GST incurred by the Vendor for administrative expenses which shall be retained by the Vendor.

57.5

No further or additional authority shall be required by the depositholder to pay out moneys in accordance with preceding clauses 57.3 and 57.4 and thereafter neither party shall be liable to the other for any sum for costs damages expenses or otherwise.

57.6

In all respects, any time limits imposed by the operation of clause 57.1 shall be of the essence.

58.

GST withholding tax

58.1

Definitions 58.1.1 In this clause 58:

p203615_004.docx

58.1.1.1

ATO means the Australian Taxation Office.

58.1.1.2

Commissioner has the meaning given in the TA Act.

58.1.1.3

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

58.1.1.4

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.

58.1.1.5

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.

58.1.1.6

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

58.1.1.7

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

58.1.1.8

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

58.1.1.9

Expressions which are not defined but which have a defined meaning in the GST Law have the same meaning.

58.2

GST Withholding Obligations 58.2.1 If the vendor gives the purchaser a GST Withholding Notice specifying that the purchaser is required to make a payment on account of GST to the Commissioner, then the purchaser must pay the GST Withholding Amount to the Commissioner from the balance of the price payable to the vendor on completion.

58.2.2 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.

58.2.3 The vendor must give the GST Withholding Notice to the purchaser at least five business days before completion and notify the purchaser whether the GST Withholding Amount must be paid by way of: 58.2.3.1

bank cheque in accordance with subclause 58.2.5;

58.2.3.2

immediately available funds in accordance with subclause 58.2.6; or

58.2.3.3

on-line conveyancing facility in accordance with subclause 58.2.7

58.2.4 If subclause 58.2.1 applies then at least two business days before completion the purchaser must provide to the vendor: 58.2.4.1

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

p203615_004.docx

58.2.4.2

the purchaser’s payment reference number; and

58.2.4.3

the purchaser’s lodgement reference number.

58.2.5 If the vendor notifies the purchaser that the GST Withholding Amount must be paid by bank cheque then: 58.2.5.1

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

58.2.5.2

the bank cheque given to the vendor by the purchaser pursuant to subclause 60.2.5.1 must not be post-dated, stale or dishonoured on presentation; and

58.2.5.3

the vendor undertakes to give the bank cheque to the Commissioner, together with the reference details provided by the purchaser under clause subclause 58.2.4

58.2.6 If the vendor notifies the purchaser that the payment of the GST Withholding Amount must be made by immediately available funds, then on or before completion the purchaser must give evidence to the vendor of successful transmission of payment of the GST Withholding Amount to the Commissioner.

58.2.7 Subclause 58.2.5 and 58.2.6 do not apply where completion occurs electronically through Property Exchange Australia or other similar online conveyancing facility and the GST Withholding Amount is paid to the Commissioner through that facility.

58.2.8 If payment of the GST Withholding Amount does not occur in accordance with any of subclauses 58.2.5, 58.2.6 or 58.2.7 then the vendor may delay settlement until the next business day after the day on which: 58.2.8.1

payment of the GST Withholding Amount has occurred; or

58.2.8.2

the vendor receives the entire purchase price.

58.2.9 On completion, the purchaser must either: 58.2.9.1

(Buyer to complete and submit GST Settlement Notification Form)

58.2.9.2

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

58.2.9.3

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

58.2.9.4

(Seller to complete and submit GST Settlement Notification Form as representative for Buyer) on completion advise the vendor that it has not submitted a Form 2 to the Commissioner, in which case the purchaser:

58.2.9.5

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

p203615_004.docx

58.2.9.6

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

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

p203615_004.docx

Title Search NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH -----------------------------------------------------

FOLIO: 1022/1246645 -----SEARCH DATE ----------16/4/2021

TIME ---3:33 PM

EDITION NO ---------1

DATE ---2/4/2020

LAND ---LOT 1022 IN DEPOSITED PLAN 1246645 AT SHELL COVE LOCAL GOVERNMENT AREA SHELLHARBOUR PARISH OF TERRAGONG COUNTY OF CAMDEN TITLE DIAGRAM DP1246645 FIRST SCHEDULE -------------SHELLHARBOUR CITY COUNCIL SECOND SCHEDULE (8 NOTIFICATIONS) --------------1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S) WITHIN THE PART(S) SHOWN SO INDICATED IN THE TITLE DIAGRAM 2 DP1246645 EASEMENT FOR REPAIRS 0.9 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 3 DP1246645 RIGHT OF CARRIAGEWAY 2.5 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 4 DP1246645 RIGHT OF CARRIAGEWAY 2.5 METRE(S) WIDE APPURTENANT TO THE LAND ABOVE DESCRIBED 5 DP1246645 EASEMENT FOR SUPPORT 1 METRE(S) WIDE APPURTENANT TO THE LAND ABOVE DESCRIBED 6 DP1246645 EASEMENT FOR ENCROACHING STRUCTURE 1 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 7 DP1246645 RESTRICTION(S) ON THE USE OF LAND REFERRED TO AND NUMBERED (9) IN THE S.88B INSTRUMENT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM 8 DP1246645 RESTRICTION(S) ON THE USE OF LAND REFERRED TO AND NUMBERED (11) IN THE S.88B INSTRUMENT NOTATIONS --------UNREGISTERED DEALINGS: NIL ***

END OF SEARCH

215699

***

PRINTED ON 16/4/2021

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formally recorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by the Registrar General in accordance with Section 96B(2) of the Real Property Act 1900.

Received: 16/04/2021 15:33:31

Lot Classification Stage 1 - Precinct A, Shell Cove

Lot Classification Stage 1 - Precinct A, Shell Cove 5017200120

Prepared for Frasers Property Australia Pty Ltd 6/02/2020

Lot Classification Stage 1 - Precinct A, Shell Cove

Contact Information

Document Information

Construction Sciences Pty Ltd ABN 74 128 806 735

Prepared for

Frasers Property Australia Pty Ltd

Project Name

Stage 1 - Precinct A, Shell Cove

File Reference

5017200120 - Ar

Job Reference

5017200120

Date

6/02/2020

140 Industrial Road Oak Flats NSW 2529 Telephone: + 612 4257 4458 Facsimile: + 612 4257 4463 www.constructionsciences.net

Document History Version

Effective Date

Description of Revision

Prepared by:

Reviewed by:

5/02/2020

Robert De Jong

Vipul DeSilva

6/02/2020

Addition of Appendix Reference Material

Robert De Jong

Vipul DeSilva

© Construction Sciences 2018. Copyright in the whole and every part of this document belongs to Construction Sciences and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than by agreement with Construction Sciences. This document is produced by Construction Sciences solely for the benefit and use by the client in accordance with the terms of the engagement. Construction Sciences does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document.

Lot Classification Stage 1 - Precinct A, Shell Cove

Table of Contents 1.0 Introduction

2.0 Site Description and Geology

3.0 Fieldwork

4.0 Results

5.0 Discussion and Recommendations

6.0 Closure

7.0 References

Appendices Appendix A Appendix B Appendix C Appendix D Appendix E

NOTES AND LIMITATIONS SUBSURFACE LOGS AND SITE PLAN LABORATORY TEST RESULTS CSIRO BTF-18 SHEET SMEC REPORT 300119095-R05

iii

Lot Classification Stage 1 - Precinct A, Shell Cove

1.0 Introduction As requested, Construction Sciences Pty Ltd (CS) has carried out a geotechnical study at Stage 1 - Precinct A, Shell Cove in order to provide lot classifications for 29 standard residential lots and one proposed medium density residential lot lots in accordance with AS2870-2011 “Residential Slabs and Footings”. The site has been subject to earthworks, based on the Level One site fill report by CS (reference: 10848/P/317, dated February 2020), the fill within the lots is assessed to be ‘Controlled Fill’ in accordance with AS28702011.

2.0 Site Description and Geology Reference to the Kiama, 1:50,000 , Geological Series Sheet indicates the site is underlain by the Bumbo Latite, comprised of aphanitic to porphyritic latite. The lots within Stage 1 Precinct A are bounded by Oceanfront Drive to the east, the existing harbour entry to the north, a proposed boat ramp and car park to the west and Harbour Boulevard to the south. At the time of the fieldwork, the site was observed to have internal roads of Stage 1 complete. All lots except lot 1030 having topsoil laid. The overall slope of Stage 1 was approximately 3-4 degrees to the north. The northern section of Precinct A has been a low-lying tidal flat with soft clay and loose sand to more than 3m depth overlying residual clay and bed rock. Coffey has identified the soft/loose marine sediments as Unit 3a (silty SAND) and Unit 3b (CLAY). A part of the site has been reclaimed from tidal flats during major earthworks operations carried out during the period October 2013 to May 2015. Filling operation comprised placement of a geofabric layer and a coarse rock bridging layer about 1m thick and filling to slightly above the design level to accommodate future settlement. A surcharge fill has been placed over a part of Precinct A area (referred as Stage 2 of Surcharge Mound P3) and wick drains were installed to accelerate the settlement. Geotechnical advice report by SMEC (reference: 30012095-R05 dated 21 June 2018), which is attached in Appendix E contains a summary of results from surcharging including the settlements achieved, depth of soft soils under each lot and the thickness of bridging layer. The information presented in above referenced SMEC report has been used for the evaluation of results from the current investigation, as this scope did not include deep drilling to assess ground conditions at lower levels independently. Photo 1 below shows the general site conditions at the time of fieldwork.

Photo 1: General Overview of Site Conditions

Lot Classification Stage 1 - Precinct A, Shell Cove

3.0 Fieldwork Fieldwork carried out on the 21st of January 2020 comprised seventeen test pits at the proposed subdivided lot boundaries. The test pits were excavated to a maximum depth of 1.8m using a 5t Excavator. The fieldwork was carried out by an Engineering Geologist from CS, who selected test locations, carried out sampling and compiled engineering logs of the profiles encountered. Dynamic Cone Penetrometer (DCP) tests were carried out adjacent to selected test pits and Hand-held Pocket Penetrometer (PP) tests were undertaken to help the assessment of the subsurface soil strength. Approximate test pits locations are shown on the site plan (reference: 5017200120-1), attached in Appendix B. The subsurface soil profiles encountered in the test pits are summarised in Table 1 below. Reference should be made to the test pits logs attached in Appendix B for a more detailed description of soils encountered at a particular location. Table 1 – Summary of Subsurface Profile Layer/Description TOPSOIL FILL: Clayey SILT; low plasticity, dark brown, trace fine to coarse sand FILL: Gravelly CLAY; medium plasticity, brown, Sandy CLAY; medium plasticity, brown to orange-brown and Silty CLAY; medium to high plasticity, brown. RESIDUAL: Gravelly CLAY; low plasticity, orange-brown and grey and Silty CLAY; high plasticity, brown ROCK: LATITE; fine grained, orange-brown and grey TP 5, 6 and 7 only)

Depth to Base of Layer (m) 0.4 0.2 to >1.8

0.9 to >1.8 >1.3

Groundwater was not encountered during our investigation. It should be noted that groundwater may vary in response to environmental factors including weather and seasonal change.

4.0 Results Laboratory testing comprised nine Moisture Content tests and four Atterberg Limits Tests carried out to aid assessment of reactivity. Laboratory test results are summarised in Table 2 below. Table 2: Summary of Laboratory Test Results Test Pit No.

Depth (m)

MC (%)

LL (%)

PL (%)

PI (%)

LS (%)

TP1 TP3 TP6 TP7 TP9 TP11 TP13 TP15 TP16

0.8-1.2 0.5-1.0 0.5-1.0 0.5-1.0 0.5-1.0 0.5-1.0 0.5-1.0 0.5-1.0 0.5-1.0

25.9 25.1 16.9 30.8 21.1 20.1 8.9 9.0 17.1

51 50 83 47 -

24 20 32 20 -

27 30 51 27 -

10.5 10.0 15.5 10.0 -

Note: MC % (Moisture Content), LL % (Liquid Limit), PL % (Plastic Limit), PI % (Plasticity Index), LS % (Linear Shrinkage)

See attached laboratory tests results in Appendix C for further details.

Lot Classification Stage 1 - Precinct A, Shell Cove

5.0 Discussion and Recommendations 5.1 Previous Surcharging Over Lots Based on SMEC report and other information supplied by Coastwide Civil, information relating to previous surcharging is presented in Table 3. Below Table 3: Information on surcharging (based on SMEC) Lot Number

Approximate Thickness of Unit 3a and 3b Materials from SMEC Report

Approximate Thickness of Structural Fill Layer from SMEC Report

Surcharged (Yes/No)

Approximate Thickness of Structural Fill from Test Pits

(m)

1001

0.5-2.1

2.6-3.6

Yes

>1.8

1002

0.3-1.5

1.9-3.5

Yes

>1.8

1003

0.0-1.0

1.9-3.0

Yes

>1.8

1004

0.0-0.5

1.7-3.0

Partial Surcharged

>1.8

1021

0.0-1.8

2.7-3.7

Yes

>1.8

1022

0.0-1.2

2.9-3.1

Yes

>1.8

1023

0.0-0.7

3.5-4.4

Partially Surcharged

>1.8

1024

0.0-0.3

4.2-5.5

Partially Surcharge

>1.8

Based on the drawings provided in SMEC report and in reference to aerial photos supplied, there is no indication that any other lots in Precinct A has been surcharged. It is noted that a temporary sediment basin was present over the area now occupied by lots 1023, 1024 and 1025, and also a small portion of Lot 1025. A deep surface drain was present along the P3 surcharge boundary affecting lots 1004, 1023, 1024 and 1025.These lots have deep fill over some parts and probably would experience differential settlement due to creep. SMEC reported that the aim of surcharging was to reduce the long-term settlement to less than 40mm and also achieve at least 90% primary consolidation settlement. The differential settlement of 50 % of the total (20mm) was added to the surface movement based on reactivity in assessment of AS2870-2011 classifications for surcharged lots. In the absence of detailed records on settlements recorded at various point on surcharge area in Precinct A, we have allowed a total settlement of 40mm to occur during the design life (60 years). 5.2 Rock Bridging Layers It is noted that lots 1001 to 1005 and 1021 to 1026 are underlain by or partially underlain by rock bridging layers approximately 0.8 to 2m thick, as indicated on drawings (reference: Drawing No. wae_PA1_003_2001 by Coastwide Civil, dated the 30th of January 2020 and Drawing No. wae_PA1_005_2001 by Coastwide Civil, dated the 4th of February 2020). These bridging layers were not observed in the test pit investigation as they are deeper than test pits conducted. For full details on the above bridging layers refer to the Level One site fill report by CS (reference: 10848/P/317, dated February 2020). The following notes have been made with regards to construction on the lots underlain by bridging layers:

Lot Classification Stage 1 - Precinct A, Shell Cove



If additional fill is to be placed on the lots, it should be a suitable low plasticity material so that future settlement is not adversely influenced by reactive soils. Any further structural filling must be conducted under Level One supervision with the results reviewed by a geotechnical engineer.



Any future excavation works could possibly extend in to or close to the top of the bridging layer.



Any soil retention systems proposed will need to by designed by a suitably qualified engineer and address global and local effects that any significant changes in final level may have.

5.3 Lot Classification Based on the Shrink Swell Index test results on the recovered soil samples, it is assessed that the residual and alluvial clay as well as the controlled fill materials have high reactivity to moisture content change. A Shrink/Swell Index ranging of 3% to 4.5% has been assigned for the encountered soil types. An assumed addition of 20mm of subsurface reactive movement has been assigned to the lots which had undergone surcharging prior to completion. Lot classifications were assessed using a crack depth of 0m due to recent earth works a change of suction at the surface of 1.2pF and suction depth of 1.5m. Based on the above, lot classifications, in accordance with AS2870-2011 “Residential Slabs and Footings” are assessed and summarised in Table 3 below: Table 4: Lot Classification Subdivided Lot Nos. 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030

Lot Classification H2 H2 H21 H11 H1 H1 H2 H2 H1 H1 H1 H2 H2 H21 H21 H21 H1 H1 H2

Note 1:

Lot Classification Stage 1 - Precinct A, Shell Cove

These lots have variable fill depths due to local excavations (drainage canals and sediment basins). The lots classify as ‘H1’ or ‘H2’ with regards to surface movement due to subsurface reactivity and creep of fill. However, it should be noted that due to variable depth of fill, the differential settlement may be experienced over a shorter distance across the site than allowed in AS2870 for a ‘H1’ or ‘H2’ site. Design of footings should allow for this uneven differential settlement by providing additional stiffening members than provided in standard AS2870 type designs. Following notes have been made for the lot classifications:  

The lot classification is based on the subsurface soil conditions encountered during the test pit excavation correlated with laboratory test results. The classification provided are for the current conditions at the locations tested and any further regrading works for building platform could change the classification.

Based on AS2870-2011, class ‘H1’ and class ‘H2’ sites would experience reactive movement up to 60mm and 75mm, respectively, due to the changes of moisture content in the underlying soil profiles. The classifications presented in this report are provided on the basis that the performance expectations set out in Appendix B of AS2870-2011 are acceptable and that future site maintenance complies with CSIRO Sheet BTF-18, a copy of which is attached in Appendix D.

5.3 Footing Design Footings should be designed and constructed in accordance to AS2870-2011 ‘Residential Slabs and Footings’. Stiffened raft and other high-level footing systems founded on the residual, alluvial or controlled fill may be designed on the basis of a maximum allowable bearing pressure of 100kPa for Class H1 and H2 sites. Allowance should be made for footing design on highly reactive soil, as indicated in Table 3 above.

If piers footings are to be used, they should be taken down through the uncontrolled fill materials and socketed four times the pile diameter into the underlying residual, alluvial or controlled fill material, and designed on an allowable end bearing pressure of 100kPa. It is recommended that for medium density residential lot 1030 that foundations are taken to the underlying bedrock encountered approximately 0.95 to 1.2m below the ground surface at the time of the field investigation, it should be noted that topsoil had not been added to this lot yet. The footing systems should be designed with adequate provision for structural movement to reduce potential effects of differential settlement. Footing excavations should be inspected by a geotechnical engineer to confirm the above design bearing capacity and to confirm excavations are dry and clear of debris prior to pouring of concrete. All footings should be excavated and poured as soon as possible to avoid deterioration of the strength of the founding soils by weather and/or groundwater effects.

Lot Classification Stage 1 - Precinct A, Shell Cove

6.0 Closure This report should be read in conjunction with the attached General Notes and Limitations. Please do not hesitate to contact the undersigned if you have any queries or require further assistance. For and on behalf of Construction Sciences Pty Ltd Report prepared by:

Reviewed by:

Robert De Jong Engineering Geologist

Vipul DeSilva Principal Geotechnical Engineer

7.0 References AS2870-2011 ‘Residential Slabs and Footings’ AS - Earthworks AS3798-2007 ‘Guidelines on earthworks for commercial and residential developments’

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Stage 1 - Precinct A, Shell Cove

APPENDIX

A NOTES AND LIMITATIONS

Information About This Report LIMITATIONS Scope of Services: The report has been prepared in accordance with the scope of services set out in CS’s Proposal under CS’s Terms of Engagement, or as otherwise agreed with the Client. The scope of services may have been limited and/or amended by a range of factors including time, budget, access and site constraints. Specific Purpose: The report is provided for the specific development and purpose as described in the report. The report may not contain sufficient information for developments or purposes other than that described in the report. Currency of Information: The information in this report is considered accurate at the date of issue with regard to the current conditions of the site. Reliance on Information: In preparing the report CS has necessarily relied upon information provided by the Client and/or their Agents. Such data may include surveys, analyses, designs, maps and plans. CS has not verified the accuracy or completeness of the data except as stated in this report. Copyright and Reproduction: The contents of this document are and remain the intellectual property of CS. This document should only be used for the purpose for which it was commissioned and should not be used for other projects or by a third party. This report shall not be reproduced either totally or in part without the permission of CS. Where information from this report is to be included in contract documents or engineering specification for the project, the entire report should be included in order to minimise the likelihood of misinterpretation. Construction Specifications: Unless otherwise stated, the report, or sections of the report, should not be used as part of a specification for a project, without review and agreement by CS. Report Should Not be Separated: The report must be read in conjunction with the attached Information Sheets and any other explanatory notes and should be kept in its entirety without separation of individual pages or sections. Review by Others: CS cannot be held responsible for interpretations or conclusions from review by others of this report or test data, which are not otherwise supported by an expressed statement, interpretation, outcome or conclusion stated in this report.

GENERAL NOTES Geotechnical and Environmental Reporting: Geotechnical and environmental reporting relies on the interpretation of factual information based on judgment and opinion and is far less exact than other engineering or design disciplines. Geotechnical and environmental reports are for a specific purpose, development and site as described in the report and may not contain sufficient information for other purposes, developments or sites (including adjacent sites) other than that described in the report. Subsurface Conditions: Subsurface conditions can change with time and can vary between test locations. For example, the actual interface between the materials may be far more gradual or abrupt than indicated and contaminant presence may be affected by spatial and temporal patterns. Therefore, actual conditions in areas not sampled may differ from those predicted since no subsurface investigation, no matter how comprehensive, can reveal all subsurface details and anomalies. Construction operations at or adjacent to the site and natural events such as floods, earthquakes or groundwater fluctuations can also affect subsurface conditions and thus the continuing adequacy of a geotechnical report. CS should be kept informed of any such events and should be retained to identify variances, conduct additional tests if required, and recommend solutions to problems encountered on site. Groundwater: Groundwater levels indicated on borehole and test pit logs are recorded at specific times. Depending on ground permeability, measured levels may or may not reflect actual levels if measured over a longer time period. Also, groundwater levels and seepage inflows may fluctuate with seasonal and environmental variations and construction activities. Interpretation of Data: Data obtained from nominated discrete locations, subsequent laboratory testing and empirical or external sources are interpreted by trained professionals in order to provide an opinion about overall site conditions, their likely impact with respect to the report purpose and recommended actions in accordance with any relevant industry standards, guidelines or procedures. Soil and Rock Descriptions: Soil and rock descriptions are based on AS 1726 – 2017, using visual and tactile assessment except at discrete locations where field and / or laboratory tests have been carried out. Refer to the accompanying soil and rock terms sheet for further information. Further Advice: CS would be pleased to further discuss how any of the above issues could affect a specific project. We would also be pleased to provide further advice or assistance including: • • • •

Assessment of suitability of designs and construction techniques; Contract documentation and specification; Construction control testing (earthworks, pavement materials, concrete); Construction advice (foundation assessments, excavation support).

CS-ENG-001A, Version 1.0, May 2018

Explanatory Notes The methods of description and classification of soils and rocks used in this report are based on Australian Standard AS17262017 Geotechnical Site Investigations. Material descriptions are deduced from field observation or engineering examination, and may be appended or confirmed by in situ or laboratory testing. The information is dependent on the scope of investigation, the extent of sampling and testing, and the inherent variability of the conditions encountered. Subsurface investigation may be conducted by one or a combination of the following methods.

Field testing may be conducted as a means of assessment of the in situ conditions of materials.

Method Test Pitting: excavation/trench BH Backhoe bucket EX Excavator bucket R Ripper H Hydraulic Hammer X Existing excavation N Natural exposure

Field testing SPT Standard Penetration Test HP/PP Hand/Pocket Penetrometer Dynamic Penetrometers (blows per noted increment) DCP Dynamic Cone Penetrometer PSP Perth Sand Penetrometer MC Moisture Content VS Vane Shear PBT Plate Bearing Test IMP Borehole Impression Test PID Photo Ionization Detector

Manual drilling: hand operated tools HA Hand Auger Continuous sample drilling PT Push tube PS Percussion sampling SON Sonic drilling Hammer drilling AH Air hammer AT Air track Spiral flight auger drilling AS Auger screwing AD/V Continuous flight auger: V-bit AD/T Continuous spiral flight auger: TC-Bit HFA Continuous hollow flight auger Rotary non-core drilling WB Washbore drilling RR Rock roller Rotary core drilling PQ 85mm core (wire line core barrel) HQ 63.5mm core (wire line core barrel) NMLC 51.94mm core (conventional core barrel) NQ 47.6mm core (wire line core barrel) DT Diatube (concrete coring) Sampling is conducted to facilitate further assessment of selected materials encountered. Sampling method Soil sampling B Bulk disturbed sample D Disturbed sample C Core sample ES Environmental soil sample SPT Standard Penetration Test sample U Thin wall tube ‘undisturbed’ sample Water sampling WS Environmental water sample

If encountered, refusal (R), virtual refusal (VR) or hammer bouncing (HB) of penetrometers may be noted. The quality of the rock can be assessed by the degree of natural defects/fractures and the following. Rock quality description TCR Total Core Recovery (%) (length of core recovered divided by the length of core run) RQD Rock Quality Designation (%) (sum of axial lengths of core greater than 100mm long divided by the length of core run) Notes on groundwater conditions encountered may include. Groundwater Not Encountered Not Observed Seepage Inflow

Excavation is dry in the short term Water level observation not possible Water seeping into hole Water flowing/flooding into hole

Perched groundwater may result in a misleading indication of the depth to the true water table. Groundwater levels are also likely to fluctuate with variations in climatic and site conditions. Notes on the stability of excavations may include. Excavation conditions Stable No obvious/gross short term instability noted Spalling Material falling into excavation (minor/major) Unstable Collapse of the majority, or one or more face of the excavation

Explanatory Notes: General Soil Description The methods of description and classification of soils used in this report are based on Australian Standard AS1726-2017 Geotechnical Site Investigations. In practice, a material is described as a soil if it can be remoulded by hand in its field condition or in water. The dominant component is shown in upper case, with secondary components in lower case. In general descriptions cover: soil type, plasticity or particle size/shape, colour, strength or density, moisture and inclusions. In general, soil types are classified according to the dominant particle on the basis of the following particle sizes. Soil Classification CLAY SILT SAND fine medium coarse GRAVEL fine medium coarse COBBLES BOULDERS

Particle Size (mm) < 0.002 0.002 0.075 0.075 to 0.21 0.21 to 0.6 0.6 to 2.36 2.36 to 6.7 6.7 to 19 19 to 63 63 to 200 > 200

Soil types may be qualified by the presence of minor components on the basis of field examination methods and/or the soil grading. In coarse grained soils % fines % coarse ≤5 ≤15 >5, ≤12 >15, ≤30

Terminology Trace With

In fine soils % coarse ≤15 >15, ≤30

The strength of cohesive soils is classified by engineering assessment or field/lab testing as follows. Strength Very Soft Soft Firm Stiff Very Stiff Hard

Symbol VS S F St VSt H

Undrained shear strength ≤12kPa 12kPa to ≤25kPa 25kPa to ≤50kPa 50kPa to ≤100kPa 100kPa to ≤200kPa >200kPa

Cohesionless soils are classified on the basis of relative density as follows. Relative Density Very Loose Loose Medium Dense Dense Very Dense

Symbol VL L MD D VD

Density Index <15% 15% to ≤35% 35% to ≤65% 65% to ≤85% >85%

The plasticity of cohesive soils is defined by the Liquid Limit (LL) as follows. Plasticity Low plasticity Medium plasticity High plasticity

Silt LL ≤ 35% N/A > 50%

Clay LL ≤ 35% > 35% ≤ 50% > 50%

The moisture condition of soil (w) is described by appearance and feel and may be described in relation to the Plastic Limit (PL), Liquid Limit (LL) or Optimum Moisture Content (OMC). Moisture condition and description Dry Moist Wet

Cohesive soils: hard, friable, dry of plastic limit. Granular soils: cohesionless and free-running Cool feel and darkened colour: Cohesive soils can be moulded. Granular soils tend to cohere Cool feel and darkened colour: Cohesive soils usually weakened and free water forms when handling. Granular soils tend to cohere

The structure of the soil may be described as follows. Zoning Layer Lens Pocket

Description Continuous across exposure or sample Discontinuous layer (lenticular shape) Irregular inclusion of different material

The structure of soil layers may include: defects such as softened zones, fissures, cracks, joints and root-holes; and coarse grained soils may be described as strongly or weakly cemented. The soil origin may also be noted if possible to deduce. Soil origin and description Fill Anthropogenic deposits or disturbed material Topsoil Zone of soil affected by roots and root fibres Peat Significantly organic soils Colluvial Transported down slopes by gravity/water Aeolian Transported and deposited by wind Alluvial Deposited by rivers Estuarine Deposited in coastal estuaries Lacustrine Deposited in freshwater lakes Marine Deposits in marine environments Residual Soil formed by in situ weathering of rock, with soil no structure/fabric of parent rock evident Extremely Formed by in situ weathering of geological weathered formations, with the structure/fabric of parent material rock intact but with soil strength properties The origin of the soil generally cannot be deduced solely on the appearance of the material and the inference may be supplemented by further geological evidence or other field observation. Where there is doubt, the terms ‘possibly’ or ‘probably’ may be used

Explanatory Notes: General Rock Description The methods of description and classification of rocks used in this report are based on Australian Standard AS1726-2017 Geotechnical Site Investigations. In practice, if a material cannot be remoulded by hand in its field condition or in water, it is described as a rock. In general, descriptions cover: rock type, grain size, structure, colour, degree of weathering, strength, minor components or inclusions, and where applicable, the defect types, shape, roughness and coating/infill. Rock types are generally described according to the predominant grain or crystal size, and in groups for each rock type as follows.

A preliminary assessment of rock strength may be made using the field guide detailed in AS1726, and this is conducted in the absence of point load testing.

Rock type Sedimentary

The defect spacing measured normal to defects of the same set or bedding, is described as follows.

Groups Deposited, carbonate (porous or non), volcanic ejection Felsic (much quartz, pale), Intermediate, or mafic (little quartz, dark) Foliated or non-foliated Cementing minerology (iron oxides or hydroxides, silica, calcium carbonate, gypsum)

Igneous Metamorphic Duricrust

Reference should be made to AS1726 for details of the rock types and methods of classification. The classification of rock weathering is described based on definitions in AS1726 and summarised as follows. Term and symbol Residual RS Soil Extremely weathered

Distinctly weathered

Slightly weathered Fresh Rock

Definition Soil developed on rock with the mass structure and substance of the parent rock no longer evident Weathered to such an extent that the rock has ‘soil-like’ properties. Mass structure and substance still evident The strength is usually changed and may be highly discoloured. Porosity may be increased by leaching, or decreased due to deposition in pores. May be distinguished into MW (Moderately Weathered) and HW (Highly Weathered). Slightly discoloured; little or no change of strength from fresh rock The rock shows no sign of decomposition or staining

SW FR

The rock material strength can be defined based on the point load index as follows. Term and symbol Very Low Low Medium High Very High Extremely High

VL L M H VH EH

Point Load Index Is50 (MPa) 0.03 to 0.1 0.1 to 0.3 0.3 to 1.0 1.0 to 3 3 to 10 > 10

It is important to note that the rock material strength as above is distinct from the rock mass strength which can be significantly weaker due to the effect of defects.

Definition Thinly laminated Laminated Very thinly bedded Thinly bedded Medium bedded Thickly bedded Very thickly bedded

Defect Spacing (mm) <6 6 to 20 20 to 60 60 to 200 200 to 600 600 to 2000 > 2000

Terms for describing rock and defects are as follows. Defect Terms Joint Bedding Parting Foliation Cleavage Crushed Seam Fracture Zone

JT BP FL CL CS FZ

Sheared zone Seam Vein Drill Lift Handling Break Drilling Break

SZ SM VN DL HB DB

The shape and roughness of defects in the rock mass are described using the following terms. Planarity Planar Curved Undulose Irregular Stepped Discontinuous

PR CU UN IR ST DIS

Roughness Very Rough Rough Smooth Slickensided Polished

VR RF S SL POL

The coating or infill associated with defects in the rock mass are described as follows. Infill and Coating Clean Stained Carbonaceous Minerals

Veneer Coating

CN SN X MU MS KT CA Fe Qz VNR CT

Unidentified mineral Secondary mineral Chlorite Calcite Iron Oxide Quartz Thin or patchy coating Infill up to 1mm

Graphic Symbols Index

CLAY

CLAY SILT

SAND

GRAVEL

Silty CLAY

Clayey SILT

Clayey SAND

Clayey GRAVEL

Sandy CLAY

Sandy SILT Gravelly

Silty SAND

Silty GRAVEL

Gravelly CLAY

SILT

Gravelly SAND

Sandy GRAVEL

Silty Gravelly CLAY

Clayey Sandy SILT

Clayey Silty SAND

Clayey Silty GRAVEL

Silty Sandy CLAY

Clayey Gravelly SILT

Clayey Gravelly SAND

Clayey Sandy GRAVEL

Sandy Gravelly

Sandy Gravelly SILT

Silty Gravelly SAND

Silty Sandy GRAVEL

COBBLES & BOULDERS

Sedimentary rock: fine, mostly clay (CLAYSTONE)

Igneous rock: Felsic, fine (RHYOLITE)

PEAT, highly organic soil

Sedimentary rock: fine, mostly silt (SILTSTONE)

Igneous rock: Felsic, coarse (GRANITE)

TOPSOIL

Sedimentary rock: fine, silt and clay (MUDSTONE, SHALE, LAMINITE)

Igneous rock: Mafic, fine to medium (BASALT, DOLERITE)

FILL

Sedimentary rock: medium (SANDSTONE, GREYWACKE)

Igneous rock: Mafic, coarse (GABBRO)

FILL: Asphalt or Bituminous Seal

Sedimentary rock: fine to coarse, angular (BRECCIA)

Metamorphic rock: Foliated, fine to medium (SLATE, PHYLLITE, SHIST)

FILL: Ballast

Sedimentary rock: coarse, rounded (CONGLOMERATE)

Metamorphic rock: Foliated, coarse (GNEISS)

FILL: Concrete

Sedimentary rock: Organic (COAL)

Metamorphic rock: Non-foliated (QUARTZITE, HORNFELS, MARBLE)

FILL: Roadbase

Sedimentary rock: Carbonate (LIMESTONE, DOLOMITE) Sedimentary rock: Volcanic (TUFF, VOLCANIC BRECCIA, AGGLOMERATE)

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Stage 1 - Precinct A, Shell Cove

APPENDIX

B SUBSURFACE LOGS AND SITE PLAN

LEGEND:

Scale:

1/140 Industrial Road, Oak Flats NSW 2529 Tel: (02) 4254 4458 Fax: (02) 4254 4463 Email: wollongong@constructionsciences.net

NOT TO SCALE

Client: Frasers Property Australia Pty Ltd

Date: 28/01/2020

Project: Lot Classification

Drawn By: RDJ

Location: Precinct A – Stage 1, Shell Cove Sheet: SITE PLAN

Drawing No: 5017200120-1 1 of 1

TEST PIT LOG SHEET

Hole No: TP1

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Stable

Not Encountered

0.5 CI 0.80m

D 0.80 - 1.20 m PP 1.00 m =220 - 250 kPa

FILL: Silty CLAY: medium to high plasticity, brown to orange-brown, trace fine to coarse gravel, trace fine to coarse grained sand

1.0

M (<PL)

CICH

F 1.5

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

METHOD EX Excavator bucket R Ripper HA Hand auger PT Push tube SON Sonic drilling AH Air hammer PS Percussion sampler AS Short spiral auger AD/V Solid flight auger: V-Bit AD/T Solid flight auger: TC-Bit HFA Hollow flight auger WB Washbore drilling RR Rock roller Refer to explanatory notes for details of abbreviations and basis of descriptions

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

FIELD TESTS SPT - Standard Penetration Test HP - Hand/Pocket Penetrometer DCP - Dynamic Cone Penetrometer PSP - Perth Sand Penetrometer MC - Moisture Content PBT - Plate Bearing Test IMP - Borehole Impression Test PID - Phito Ionization Detector VS - Vane Shear; P=Peak, R=Resdual (uncorrected kPa)

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP2

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20 Sampling & Testing

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Not Encountered

Stable

0.5

1.0

M (<PL)

1.5

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

METHOD EX Excavator bucket Ripper R HA Hand auger PT Push tube SON Sonic drilling AH Air hammer PS Percussion sampler Short spiral auger AS AD/V Solid flight auger: V-Bit AD/T Solid flight auger: TC-Bit HFA Hollow flight auger WB Washbore drilling Rock roller RR Refer to explanatory notes for details of abbreviations and basis of descriptions

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP3

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

Not Encountered

Stable

D 0.50 - 1.00 m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

0.5

CI PP 1.00 m =230 - 250 kPa

1.0 M (<PL) 1.30m

1.5

FILL: Silty CLAY: medium to high plasticity, brown, trace fine to coarse gravel, trace fine to coarse grained sand

CICH

PP 1.60 m =240 - 300 kPa

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP4

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Stable

Not Encountered

0.5

PP 0.70 m =250 - 270 kPa

CI -

1.0 1.10m

FILL: Silty CLAY: medium to high plasticity, brown, trace fine to coarse gravel, trace fine to coarse grained sand

M (<PL)

PP 1.30 m =290 - 340 kPa F

CICH

1.5

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP5

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

Not Encountered

Stable

M (>PL) -

0.40m

0.5

STRUCTURE & Other Observations

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

M (<PL)

0.70m

PP 0.80 m =380 - 390 kPa

0.90m

Silty CLAY: high plasticity, orange-brown and pale grey, trace fine to coarse gravel, trace fine to coarse grained sand

RESIDUAL SOIL M (<PL)

VSt

TERMINATED AT 0.90 m Refusal Refusal on LATITE Rock

1.0

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP6

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

Not Encountered

Stable

STRUCTURE & Other Observations

M (<PL)

0.40m

D 0.50 - 1.00 m

RESIDUAL SOIL

Gravelly CLAY: low to medium plasticity, brown to yellow-brown, fine to coarse gravel, with fine to coarse grained sand

0.5

CLCI

M (<PL)

VSt - H

1.0

1.30m

TERMINATED AT 1.30 m Refusal Refusal on LATITE Rock

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP7

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

Not Encountered

Stable

STRUCTURE & Other Observations

M (>PL)

0.40m

D 0.50 - 1.00 m

RESIDUAL SOIL

Silty CLAY: high plasticity, orange-brown and pale grey, trace fine to coarse gravel, trace fine to coarse grained sand

0.5

PP 0.60 m =250 - 280 kPa

M (<PL)

VSt

1.0 PP 1.10 m =250 - 300 kPa 1.30m

TERMINATED AT 1.30 m Refusal Refusal on LATITE Rock

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP8

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown to orange-brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Not Encountered

Stable

0.5

M (<PL)

1.0

1.25m

RESIDUAL SOIL

Silty CLAY: high plasticity, brown, trace fine to coarse grained sand

PP 1.40 m =340 - 360 kPa F

1.5

M (<PL)

VSt

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP9

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

Not Encountered

Stable

D 0.50 - 1.00 m

FILL: Sandy CLAY: medium plasticity, brown to orange-brown, fine to coarse grained sand, with fine to coarse gravel

0.5

PP 1.00 m =280 - 350 kPa

1.0 CI

M (<PL)

1.5

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP10

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Not Encountered

Stable

0.5

CI -

1.0 M (<PL) 1.20m

FILL: Sandy CLAY: medium plasticity, brown, fine to coarse grained sand, with fine to coarse gravel

PP 1.40 m =230 - 280 kPa

1.5

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP11

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 450.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

Not Encountered

Stable

D 0.50 - 1.00 m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

0.5

1.0

M (<PL)

1.50m

1.5 F

FILL: Silty CLAY: medium to high plasticity, brown, trace fine to coarse gravel, trace fine to coarse grained sand

CICH

PP 1.60 m =250 - 260 kPa

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP12

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 450.00m WIDE Date Excavated: 21/1/20

1 3 6 12

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Graphic Log

DCP (blows per 100 mm)

Sample or Field Test

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

Refusal

Not Encountered

Stable

0.5

1.0 M (<PL)

1.40m

D 1.40 - 1.80 m F

FILL: Silty CLAY: medium to high plasticity, brown, trace fine to coarse gravel, trace fine to coarse grained sand

1.5 CICH

PP 1.60 m =240 260 kPa

1.80m

TERMINATED AT 1.80 m Target depth

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP13

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 450.00m WIDE Date Excavated: 21/1/20

1 3 6 12

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

DCP (blows per 100 mm)

Graphic Log

Sample or Field Test

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL)

Not Encountered

Stable

0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

0.5

D 0.50 - 1.00 m

1.0

M (<PL)

20/50mm Refusal

1.5

1.60m

TERMINATED AT 1.60 m Refusal Refusal on Hard Fill

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP14

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 450.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

Not Encountered

Stable

STRUCTURE & Other Observations

M (>PL) 0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

0.5

M (<PL)

1.0 VH 1.20m

TERMINATED AT 1.20 m Refusal Refusal on Hard Fill

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP15

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 450.00m WIDE Date Excavated: 21/1/20

1 3 6 12

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

DCP (blows per 100 mm)

Graphic Log

Sample or Field Test

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

FILL: Clayey SILT: low plasticity, dark brown, trace fine to coarse grained sand

STRUCTURE & Other Observations

M (>PL)

Not Encountered

Stable

0.40m

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

0.5

D 0.50 - 1.00 m

19/50mm Refusal

1.0

M (<PL)

1.5 1.60m

TERMINATED AT 1.60 m Refusal Refusal on Hard Fill

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP16

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20 Sampling & Testing

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

FILL

Not Encountered

Stable

FILL: Gravelly CLAY: medium plasticity, brown to orange-brown, fine to coarse gravel, with fine to coarse grained sand

STRUCTURE & Other Observations

0.5

D 0.50 - 1.00 m

M (<PL)

1.0 1.20m

TERMINATED AT 1.20 m Refusal Refusal on LATITE Rock

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:49 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

TEST PIT LOG SHEET

Hole No: TP17

Frasers Property Australia Pty Ltd Lot Classification Precinct A Stage 1, Shell Cove

Job No: 5017200120 Sheet: 1 of 1 Angle from Horizontal: 90° Surface Elevation: Excavation Method: Excavator Bucket Contractor: Coastwide Civil Logged By: RDJ Checked By: VDS

Position: Refer to Site Plan Machine Type: 5 tonne Excavator Excavation Dimensions: 300.00m WIDE Date Excavated: 21/1/20

SOIL TYPE, plasticity or particle characteristic, colour, secondary and minor components ROCK TYPE, grain size and type, colour, fabric & texture, strength, weathering, defects and structure

Not Encountered

Stable

CI 0.20m

Consistency Relative Density

Classification

Sample or Field Test

Graphic Log

Material Description Depth (m)

Sampling & Testing

Water

Stability

Resistance

Method

Excavation

Moisture Condition

Client: Project: Location:

M (<PL)

FILL

FILL: Gravelly CLAY: medium plasticity, brown, fine to coarse gravel, with fine to coarse grained sand, trace cobbles

ALLUVIUM

Silty CLAY: high plasticity, dark brown

PP 0.50 m =220 - 250 kPa

0.5

STRUCTURE & Other Observations

VSt M (<PL)

0.80m

CL 1.0

0.95m

Gravelly CLAY: low plasticity, orange-brown and grey, fine to coarse gravel, with fine to coarse grained sand

RESIDUAL SOIL

TERMINATED AT 0.95 m Refusal Refusal on LATITE Rock

1.5

2.5

3.0

3.5

4.0

4.5

PENETRATION VE E F H VH

CARDNO 2.01.4 LIB.GLB Log CARDNO NON-CORED PRECINCT A STAGE 1 LOGS.GPJ <<DrawingFile>> 29/01/2020 10:50 10.0.000 Datgel AGS RTA, Photo, Monitoring Tools

2.0

No Resistance Refusal WATER Water Level on Date shown water inflow water outflow

SAMPLES B - Bulk disturbed sample D - Disturbed sample ES - Environmental sample U - Thin wall tube 'undisturbed' MOISTURE

SOIL CONSISTENCY VS - Very Soft S - Soft F - Firm St - Stiff VSt - Very Stiff H - Hard

D M W PL LL w

RELATIVE DENSITY VL - Very Loose L - Loose MD - Medium Dense D - Dense VD - Very Dense

CONSTRUCTION SCIENCES

Dry Moist Wet Plastic limit Liquid limit Moisture content

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Stage 1 - Precinct A, Shell Cove

APPENDIX

C LABORATORY TEST RESULTS

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

MOISTURE CONTENT REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17770-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

Page 1 of 2

AS1289.2.1.1 10848/S/49329

10848/S/49330

10848/S/49331

10848/S/49332

ID / Client ID

Lot Number

21/01/2020

Tested As Received

Client Sampled

Sample Number

Date / Time Sampled Sampling Method Sampled By Tested By

Jye Lynch

Date Tested

23/01/2020

Material Source

Imported Fill

Material Type

Fill

Client Sample ID

TP1

TP3

TP6

TP7

0.8 - 1.2

0.5 - 1.0

0.5-1.0

0.5 - 1.0

25.9

25.1

16.9

30.8

10848/S/49333

10848/S/49334

10848/S/49335

10848/S/49336

Moisture Content (%)

Sample Number ID / Client ID

21/01/2020

Tested As Received

Client Sampled

Jye Lynch

Lot Number Date / Time Sampled Sampling Method Sampled By Tested By Date Tested

23/01/2020

Material Source

Imported Fill

Material Type

Fill

Client Sample ID

TP9

TP11

TP13

TP15

0.5 - 1.0

0.5- 1.0

0.5-1.0

0.5 - 1.0

21.0

20.1

8.9

9.0

Moisture Content (%)

Remarks

Re-Issued Report Replaces Report No 10848/R/17770-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W20Rep Rev 3

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

MOISTURE CONTENT REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17770-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

AS1289.2.1.1 10848/S/49337

Sample Number

ID / Client ID

Lot Number

21/01/2020

Date / Time Sampled

Tested As Received

Sampling Method

Client Sampled

Sampled By Tested By

Jye Lynch

Date Tested

23/01/2020

Material Source

Imported Fill Fill

Material Type

TP16

Client Sample ID

0.5 - 1.0

17.1

Moisture Content (%)

Sample Number ID / Client ID Lot Number Date / Time Sampled Sampling Method Sampled By Tested By Date Tested Material Source Material Type Client Sample ID

Moisture Content (%)

Remarks

Re-Issued Report Replaces Report No 10848/R/17770-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W20Rep Rev 3

Page 2 of 2

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

ATTERBERG LIMITS REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17771-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

AS1289.3.1.1, AS 1289.3.3.1, AS1289.3.2.1, AS1289.3.4.1, AS1289.2.1.1

Sample Number

10848/S/49329

Sampling Method

Tested As Received

Date Sampled

21/01/2020

Sampled By

Client Sampled

Date Tested

24/01/2020

Att. Drying Method

Oven Dried

Sample Location Client Sample ID

TP1 0.8 - 1.2

Material Source Imported Fill

Atterberg Preparation Dry Sieved Material Description

Page 1 of 4

Material Type

Fill

Silty CLAY Brown Atterberg Limits Results

Atterberg Limit

Specification Minimum

Test Result

Liquid Limit (%)

Plastic Limit (%)

Plasticity Index (%)

Linear Shrinkage (%)

10.5

Linear Shrinkage Mould Length / Defects:

Remarks

Specification Maximum

Mould Length: 250.4mm / curling with cracking

Re-Issued Report Replaces Report No 10848/R/17771-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W11bRep Rev 1

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

ATTERBERG LIMITS REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17771-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

AS1289.3.1.1, AS 1289.3.3.1, AS1289.3.2.1, AS1289.3.4.1, AS1289.2.1.1

Sample Number

10848/S/49330

Sampling Method

Tested As Received

Date Sampled

21/01/2020

Sampled By

Client Sampled

Date Tested

24/01/2020

Att. Drying Method

Oven Dried

Sample Location Client Sample ID

TP3 0.5 - 1.0

Material Source Imported Fill

Atterberg Preparation Dry Sieved Material Description

Page 2 of 4

Material Type

Fill

Atterberg Limits Results

Atterberg Limit

Specification Minimum

Test Result

Liquid Limit (%)

Plastic Limit (%)

Plasticity Index (%)

Linear Shrinkage (%)

10.0

Linear Shrinkage Mould Length / Defects:

Remarks

Specification Maximum

Mould Length: 253.9mm / curling

Re-Issued Report Replaces Report No 10848/R/17771-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W11bRep Rev 1

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

ATTERBERG LIMITS REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17771-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

AS1289.3.1.1, AS 1289.3.3.1, AS1289.3.2.1, AS1289.3.4.1, AS1289.2.1.1

Sample Number

10848/S/49332

Sampling Method

Tested As Received

Date Sampled

21/01/2020

Sampled By

Client Sampled

Date Tested

24/01/2020

Att. Drying Method

Oven Dried

Sample Location Client Sample ID

TP7 0.5 - 1.0

Material Source Imported Fill

Atterberg Preparation Dry Sieved Material Description

Page 3 of 4

Material Type

Fill

Atterberg Limits Results

Atterberg Limit

Specification Minimum

Test Result

Liquid Limit (%)

Plastic Limit (%)

Plasticity Index (%)

Linear Shrinkage (%)

15.5

Linear Shrinkage Mould Length / Defects:

Remarks

Specification Maximum

Mould Length: 250.2mm / curling

Re-Issued Report Replaces Report No 10848/R/17771-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W11bRep Rev 1

Construction Sciences Pty Ltd

Laboratory: Wollongong Laboratory

ABN:

Phone:

74 128 806 735

Address:

02 4257 4458

Fax:

02 4257 4463

Email:

wollongong@constructionsciences.net

Unit 1, 140 Industrial Road Oak Flats NSW 2529

ATTERBERG LIMITS REPORT Client:

Construction Sciences Professional Services Wollongong

Report Number:

10848/R/17771-2

Client Address:

140 Industrial Rd, Oakflats

Project Number:

10848/P/222

Project:

CS - Professional Services Material Testing Wollongong

Lot Number:

Location:

Wollongong

Internal Test Request: 10848/T/11071

Supplied To:

Construction Sciences Professional Services

Client Reference/s:

5017200120

Report Date / Page:

28/01/2020

Area Description: Test Procedures:

AS1289.3.1.1, AS 1289.3.3.1, AS1289.3.2.1, AS1289.3.4.1, AS1289.2.1.1

Sample Number

10848/S/49336

Sampling Method

Tested As Received

Date Sampled

21/01/2020

Sampled By

Client Sampled

Date Tested

24/01/2020

Att. Drying Method

Oven Dried

Sample Location Client Sample ID

TP15 0.5 - 1.0

Material Source Imported Fill

Atterberg Preparation Dry Sieved Material Description

Page 4 of 4

Material Type

Fill

Silty CLAY Atterberg Limits Results

Atterberg Limit

Specification Minimum

Test Result

Liquid Limit (%)

Plastic Limit (%)

Plasticity Index (%)

Linear Shrinkage (%)

10.0

Linear Shrinkage Defects:

Remarks

Specification Maximum

curling with cracking

Re-Issued Report Replaces Report No 10848/R/17771-1 (reason: Client reference updated)., Results apply to the sample/s as received.

The results of the tests, calibrations and/or measurements included in this document are traceable to Australian/national standards. Accredited for compliance with ISO/IEC 17025 - Testing

Accreditation Number: Corporate Site Number:

1986 10848 Approved Signatory: Troy Gasseling Form ID: W11bRep Rev 1

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Stage 1 - Precinct A, Shell Cove

APPENDIX

D CSIRO BTF-18 SHEET

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Stage 1 - Precinct A, Shell Cove

APPENDIX

SMEC REPORT 30012095-R05

Geotechnical Advice - Presence of Bridging and ASS Materials - Precinct A

Shell Cove Boat Harbour Development Reference No. 30012095-R05 Rev.01 Prepared for Frasers Property Australia Pty Ltd 21 June 2018

SMEC INTERNAL REF. 30012095-R05 Rev.01

Document Control

Document Control Document:

Geotechnical Advice - Presence of Bridging and ASS Materials - Precinct A

File Location:

\\auwgfpp001\WG Data\02 Projects\30012095- Frasers - Stage 3 Shell Cove\100 Geotechnical Services\107 Deliverables\02 Reports\05 30012095-R05\Rev. 01\30012095R05 Rev.01.docx

Project Name:

Shell Cove Boat Harbour Development

Project Number:

30012095-R05 Rev.01

Revision Number:

Revision History REVISION NO.

DATE

PREPARED BY

REVIEWED BY

APPROVED FOR ISSUE BY

18 June 2018

Kourosh Kianfar

Scott Morrison

21 June 2018

Kourosh Kianfar

Scott Morrison

Issue Register DISTRIBUTION LIST

DATE ISSUED

NUMBER OF COPIES

Frasers Property Australia Pty Ltd

21 June 2018

SMEC Company Details Approved by:

Scott Morrison

Address:

PPM Building, Corner of Beach and Kembla Street, Wollongong NSW 2500

Signature: Tel:

42434400

Fax:

Email:

scott.morrison@smec.com

Website:

www.smec.com

The information within this document is and shall remain the property of: SMEC AUSTRALIA PTY LTD

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Important Notice

Important Notice This report is confidential and is provided solely for the purposes of the Shell Cove Boat Harbour Development project]. This report is provided pursuant to a Consultancy Agreement between SMEC Australia Pty Limited (“SMEC”) and Frasers Property Australia Pty Ltd, under which SMEC undertook to perform a specific and limited task for Frasers Property Australia Pty Ltd. This report is strictly limited to the matters stated in it and subject to the various assumptions, qualifications and limitations in it and does not apply by implication to other matters. SMEC makes no representation that the scope, assumptions, qualifications and exclusions set out in this report will be suitable or sufficient for other purposes nor that the content of the report covers all matters which you may regard as material for your purposes. This report must be read as a whole. The executive summary is not a substitute for this. Any subsequent report must be read in conjunction with this report. The report supersedes all previous draft or interim reports, whether written or presented orally, before the date of this report. This report has not and will not be updated for events or transactions occurring after the date of the report or any other matters which might have a material effect on its contents or which come to light after the date of the report. SMEC is not obliged to inform you of any such event, transaction or matter nor to update the report for anything that occurs, or of which SMEC becomes aware, after the date of this report. Unless expressly agreed otherwise in writing, SMEC does not accept a duty of care or any other legal responsibility whatsoever in relation to this report, or any related enquiries, advice or other work, nor does SMEC make any representation in connection with this report, to any person other than Frasers Property Australia Pty Ltd. Any other person who receives a draft or a copy of this report (or any part of it) or discusses it (or any part of it) or any related matter with SMEC, does so on the basis that he or she acknowledges and accepts that he or she may not rely on this report nor on any related information or advice given by SMEC for any purpose whatsoever.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Table of Contents

Table of Contents 1

INTRODUCTION ....................................................................................................................................................... 1 1.1 General ......................................................................................................................................................... 1 1.2 Provided Documents .................................................................................................................................... 1 1.3 Background Information .............................................................................................................................. 1

DISCUSSION AND RECOMMENDATIONS ................................................................................................................. 3 2.1 General ......................................................................................................................................................... 3 2.2 Lots with No Underlying Bridging Layer and ASS Material ........................................................................... 5 2.3 Lots Underlain by Bridging Layer and ASS Material ..................................................................................... 6

LIMITATIONS AND EXCLUSIONS .............................................................................................................................. 7

Appendices EXTENT OF SURCHARGE MOUND P3 PRECINCT A LOTS BOUNDARY ON SOFT SOIL (UNIT 3B) CONTOURS BRIDGING LAYER AND STRUCTURAL FILL WITHIN SURCHARGE MOUND P3 ZONE

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

iii

Table of Contents

List of Tables Table 2-1: ASS and Bridging layer presence in lots within Precinct A ................................................................................. 4

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Introduction

1.1

General

Frasers Property Australia Pty Ltd (Frasers) requested SMEC Australia Pty Ltd (SMEC) to provide advice in relation to presence of Bridging layer and Acid Sulfate Soil (ASS) materials within the lots in Precinct A in the Shell Cove Boat Harbour development zone. This report provides the required advice and recommendations to help Frasers in relation to final site classifications within the above zone. It should be noted that this report does not replace a lot classification report and only provides some input information required for the final lots classification.

1.2

Provided Documents

The following documents were provided to SMEC by Frasers and have been used in this assessment: • •

D217330-Precinct A Lot Plan_180418_rev.2 (received by an email from Frasers dated 27/04/2018) Shell Cove Boatharbour Stage 2 Technical Specifications, Worley Parsons, 301015-02681 – MA-SPC-0001 Rev B, dated 4 November 2013 Coffey’s report GEOTWOLL02058BA-AI, dated 17 December 2014 Coffey’s report GEOTWOLL02058BZ-AC, dated 16 September 2015 Coffey’s Electronic Transmission 754-WolGE205169AA, dated 22 May 2017

• • •

1.3

Background Information

1.3.1

General

Based on the information provided, the northern section of Precinct A is located over soft soils (Unit 3b) up to about 5.5 m thick (pre-improvement thickness). To improve the properties of the soft soils within Precinct A, a surcharging strategy with or without wick drain installation was adopted (refer to Coffey’s reports GEOTWOLL02058BA-AI, dated 17 December 2014 and GEOTWOLL02058BZ-AC, dated 16 September 2015). As part of this treatment strategy, wick drains were installed in areas with soft soil thicknesses greater than 2.0m thick. The surcharge mound within Precinct A is referred to as surcharge mound P3. The surcharging of the soft soil zones within Precinct A was carried out in two stages. Coffey’s reports GEOTWOLL02058BA-AI and GEOTWOLL02058BZ-AC provide information in relation to the stages 1 and 2 surcharging for surcharge mound P3 in Precinct A, respectively. Design of surcharge was carried out based on the following design criteria: • • • • • •

Design life of future buildings of 60 years Design (building) load of 25 kPa, considered as a uniform load over the site Achieve a minimum Degree of Consolidation (DOC) of 90% during surcharging Post construction total settlement of less than 40 mm in design life Post construction differential settlement of less than 50 mm over a 25 m length in design life Target long term (post surcharging) building site classification of Class M in accordance with AS2870-2011

It should be noted that the building sites could potentially be classified as higher classifications of Class H1 or higher (in accordance with AS2870-2011) based on the final site classification following removal of surcharge fill to the design levels and assessment of the reactivity of the soils over the final soil profile. A drawing extracted from the Coffey’s report GEOTWOLL02058BA-AI is provided in Appendix A shows the extent of surcharge mound within Precinct A. The earthworks within the above surcharging area generally included the following: • • • • • •

Stripping topsoil and other unsuitable material within the area (where required) Placement of a separation geotextile layer over soft soils Placement of a geogrid layer over the separation geotextile Construction of an approximately 600 mm to 1000 mm thick Bridging layer over the above layers. Installation of wick drains within the zones where soft soil (Unit 3b) was thicker than 2.0 m Placement and compaction of General and Structural fill materials over Bridging layer GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Introduction •

Placement of Surcharge fill

Based on the Worley Parson’s Technical Specifications General Specification (reference: 301015-02681-MA-SPC-0001, dated 4 November 2013), execution and control testing of earthworks and associated site preparation works had to conform to Australian Standard ‘Guidelines on Earthworks for Commercial and Residential Development AS37982007’. SMEC have not been involved in this testing works and control testing of earthworks has been carried out by others. The Bridging layer was mainly constructed from crushed highly weathered to fresh Latite sourced from the site with maximum particle size of about 150 mm. The materials permitted (based on the above Worley Parson’s Technical Specifications) for the General or Structural fill were ‘gravelly clays, sandy clays, silty clays, clayey sandy gravels with maximum particle size of 100 mm and 75 mm for General and Structural fill, respectively’. A drawing is provided in Appendix B showing the Precinct A lots and roads boundary overlaid on Soft Soil (Unit 3b) contours. Ground surface levels prior to commencement of construction and Design Levels are also shown on this drawing. It should be noted that the soft soil contours were developed based on the interpretation of the site investigations information. It means that the information provided on the above drawing is based on interpolation (and in some cases extrapolation) of data and is an estimate of the expected extent and thickness of soft soils. It is not a plot of the exact thickness of soft soils at all points onsite. The following provides the definition of ‘soft’ acid sulfate soil, Unit 3b (based on the above Worley Parson’s technical Specifications): •

Unit 3b (Estuarine Sediments, Acid Sulfate Silt/Clay) – Comprising clayey silt/ silty clay and clay, generally dark grey to black in colour and have a high moisture content. This unit generally is very soft to firm. Some organic material and sandy lenses were encountered within this unit.

1.3.2

Construction of Surcharge Mound P3

The P3-Stages 1 and 2 surcharge mounds were constructed between October 2013 and February 2014, and March and May 2015, respectively. Twenty-five settlement plates (SPs) and eleven vibrating wire piezometers (VWPs) were installed within the surcharging zones to monitor soft soil improvement within the above zones. Settlement plates (with steel base plates 400 mm × 400 mm × 6 mm thick) were generally installed on top of the Bridging layer with 1 m length (12 mm diameter) steel extension rods welded to each plate. Additional extension rods (each 1 m in length, 12 mm in diameter) were attached progressively to the welded extension rod to extend the rods to top of the fill for monitoring/ surveying purposes. Following placement of the Bridging layer, through drilling boreholes, vibrating wire piezometers (VWPs) were installed within the soft soils for monitoring purposes. A signal cable was connected to each VWP. The VWPs and connected signal cables were attached to electrical conduits and fed through the drilled holes to be installed within soft soil layers. The electrical conduits (and attached cables) were extended approximately to top of the Bridging layer, and the conduits were cut at that level. The VWP signal cables were then extended and connected to the monitoring boxes through one or combination of the following ways in different sections: 1.

Placement of separation geotextile over the Bridging layer, placement of about 100 mm to 150 mm thick sand on separation geotextile, extension of cable over the sand, and placement of about 100 mm to 150 mm sand over the cable. Placement of separation geotextile over the Bridging layer, placement of the bottom part of the General/ Structural fill over the separation geotextile, construction of trenches (about 300 mm to 500 mm wide) within the bottom part of the General/ Structural fill, placement of about 100 mm to 150 mm thick sand within the trench, extension of cable over the sand, and placement of about 100 mm to 150 mm sand over the cable.

It should be noted that following completion of the design and construction of the surcharge mound P3, the design levels within Precinct A have changed. Frasers engaged Coffey to assess the effects of the design level changes on the Post Construction Settlement (PCS). The outcome of the Coffey’s assessment was provided to Frasers in an Electronic Transmission referenced 754-WOLGE205169AA, dated 22 may 2017, which should be considered in conjunction with this report.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Discussion and Recommendations

2.1

General

The following should be noted in relation to the soft soil areas within the surcharge mound P3 area: •

Based on the monitoring data up to 3 November 2014, during P3 Stage 1 surcharging, settlements of between 83 mm and 1048 mm were recorded at the location various settlement plates installed within the above zone. Based on the monitoring data up to 25 June 2015, during P3 Stage 2 surcharging, settlements of between 34 mm and 86 mm were recorded at the location various settlement plates installed within the above zone. P3-stage 1 surcharge mound was released for removal on 17 December 2014 (refer to Coffey’s report GEOTWOLL02058BA-AI). P3-stage 2 surcharge mound was released for removal on 16 September 2015 (refer to Coffey’s report GEOTWOLL02058BZ-AC). Interpreted DOCs of between 91% and 99% were reported at the location of different SPs based on the monitoring data up to 3 November 2014 for the surcharge mound P3-Stage 1. Interpreted DOCs of between 93% and 98% were reported at the location of different SPs based on the monitoring data up to 25 June 2015 for the surcharge mound P3-Stage 2. Whilst the surcharge mounds in P3 Stages 1 and 2 were permitted to be released for removal on 17 December 2014 and 16 September 2015, respectively, the surcharge mounds over most of the P3 area were only just recently (March/April 2018) removed. Therefore, the achieved DOCs prior to surcharge removal would be higher than the above values. This theoretically results less post construction settlement than the adopted design value of 40 mm in 60 years. However, as the monitoring data is not available between November 2014 and March/April 2018 for surcharge mound P3-Stage 1, and June 2015 and March/April 2018 for surcharge mound P3-Stage 2, the estimation of the above potential reduction in post construction settlement could not be carried out.

• • • • • •

Table 2-1 below summarises the information for different lots within Precinct A in relation to presence and approximate thicknesses of ASS, Bridging layer, and General and/or Structural fill. The following should be also noted in relation to Table 2-1: 1.

2. 3.

Thicknesses are based on the approximate pre-improvement soft soil (Unit 3b) contours. Based on the recorded settlements during surcharging of the P3 area, it is expected that the post-surcharging thicknesses of the soft soil (Unit 3b) could be about 0 to 10% less than the above reported values due to the surcharging mound remaining in place for a longer period after initial permission to remove was issued. If confirmation of this is required, this would be necessary through further site investigation. The approximate thicknesses are calculated based on the difference between the pre-construction ground surface contours and top level (as-built) of the Bridging layer contours provided by Coastwide Civil. The approximate thicknesses are calculated based on:  Within soft soil zone – The difference between top level of the Bridging layer contours (as-built, provided by Coastwide Civil) and top level of the Structural fill contours (as-built, provided by Coastwide Civil)  Outside soft soil zone –The difference between the pre-construction ground surface contours (surveyed 2013 by Frasers) and top level of the Structural fill contours (as-built, provided by Coastwide Civil). ‘No Significant Filling’ indicates that these areas were designed to have lots that essentially are located over areas of largely pre-existing ground, without significant filling. However, it is still possible that some areas of fill are present through more recent construction disturbance including installation of service trenches, spreading of boxed out road materials or other filling activities.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Discussion and Recommendations

Table 2-1: ASS and Bridging layer presence in lots within Precinct A

Lot Number 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046

ASS and Bridging Layer Presence (YES/NO) YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO YES YES YES YES NO NO NO NO NO NO NO NO NO NO NO NO NO YES YES YES YES YES YES YES YES YES

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

Approx. ASS Thickness(1) (m) 0.5 to 2.1 0.3 to 1.5 0.0 to 1.0 0.0 to 0.5 0.0 to 1.8 0.0 to 1.2 0.0 to 0.7 0.0 to 0.3 0.0 to 0.5 0.0 to 0.5 0.0 to 0.4 0.0 to 0.3 0.0 to 0.3 0.0 to 0.3 0.0 to 0.4 0.0 to 0.5 0.0 to 0.7 SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Approx. Bridging Layer Thickness(2) (m) 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.6 to 1.4 0.6 to 1.4 0.0 to 1.0 0.0 to 0.6 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0 0.0 to 1.0

Approx. General and/or Structural Fill Thickness(3),(4) (m) 2.6 to 3.6 1.9 to 3.5 1.9 to 3.0 1.7 to 3.0 1.2 to 2.0 1.0 to 1.4 0.9 to 1.0 0.2 to 0.3 0.0 to 0.5 No Significant Fill No Significant Fill 0.0 to 0.3 No Significant Fill 0.0 to 0.2 0.0 to 0.3 0.3 to 0.8 0.9 to 1.1 0.6 to 1.4 1.9 to 2.1 2.3 to 2.8 2.7 to 3.7 2.9 to 3.1 3.5 to 4.4 4.2 to 5.5 4.4 to 5.0 4.2 to 4.4 2.8 to 3.4 2.0 to 2.9 1.6 to 2.1 0.2 to 0.3 0.2 to 0.3 0.3 to 0.9 0.3 to 0.5 0.9 to 1.3 1.3 to 2.0 1.6 to 2.4 2.1 to 2.8 2.7 to 3.7 3.4 to 3.9 3.1 to 4.1 3.0 to 4.2 2.8 to 4.2 2.7 to 4.2 2.6 to 4.1 2.5 to 4.2 2.8 to 4.1 4

Discussion and Recommendations

Lot Number 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064

ASS and Bridging Layer Presence (YES/NO) NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO YES YES YES

Approx. ASS Thickness(1) (m) 0.0 to 2.0 1.4 to 2.3 1.0 to 3.0

Approx. Bridging Layer Thickness(2) (m) 0.0 to 1.0 0.7 to 1.0 0.7 to 1.0

Approx. General and/or Structural Fill Thickness(3),(4) (m) 2.3 to 2.5 2.2 to 2.4 2.2 to 2.5 2.2 to 2.3 2.3 to 2.5 2.0 to 2.4 1.8 to 2.2 1.9 to 2.4 1.1 to 1.8 1.1 to 1.8 1.1 to 2.0 1.0 to 1.6 0.0 to 0.9 0.2 to 1.1 0.1 to 1.3 2.0 to 2.8 2.7 to 3.1 1.8 to 3.1

Notes to Table: (1) Thicknesses are based on the approximate pre-improvement soft soil (Unit 3b) contours. Based on the recorded settlements during surcharging of the P3 area, it is expected that the post-surcharging thicknesses of the soft soil (Unit 3b) could be about 0 to 10% less than the above reported values due to the surcharging mound remaining in place for a longer period after initial permission to remove was issued. If confirmation of this is required, this would be necessary through further site investigation. (2) The approximate thicknesses are calculated based on the difference between the pre-construction ground surface contours and top level (as-built) of the Bridging layer contours provided by Coastwide Civil. (3) The approximate thicknesses are calculated based on: a. Within soft soil zone – The difference between top level of the Bridging layer contours (as-built, provided by Coastwide Civil) and top level of the Structural fill contours (as-built, provided by Coastwide Civil) b. Outside soft soil zone –The difference between the pre-construction ground surface contours (surveyed 2013 by Frasers) and top level of the Structural fill contours (as-built, provided by Coastwide Civil). (4) ‘No significant filling’ indicates that these areas were designed to have lots that essentially are located over areas of largely pre-existing ground, without significant filling. However, it is still possible that some areas of fill are present through more recent construction disturbance including installation of service trenches, spreading of boxed out road materials or other filling activities.

2.2

Lots with No Underlying Bridging Layer and ASS Material

The final site classification for these lots should be carried out by an experienced geotechnical engineer in accordance with AS2870-2011. Where lots with ‘No Significant Fill’ are indicated as discussed in Table 2-1 above, these areas could still contain fill placed in the period from 2013 to 2018 or as part of other not previously known earthworks onsite. The classifier should be made aware of this and should make their own assessment of classification to satisfy themselves with site classification over the lot. In areas where General Fill and/or Structural Fill have been placed over pre-2013 terrain with no bridging layer or ASS Material, significant fill materials are present and the classifier of the lots must satisfy themselves that the fill has been placed in accordance with the specification.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Discussion and Recommendations

2.3

Lots Underlain by Bridging Layer and ASS Material

The approximate thicknesses of the Bridging layer and ASS material placed within lots in Precinct A is presented above in Table 2-1. Lots underlain by Bridging layer and ASS material have undergone surcharging to meet the criteria of the design as summarised in Section 1.3.1. The detail of the surcharging process is summarised in Coffey’s reports GEOTWOLL02058BA-AI, dated 17 December 2014 and GEOTWOLL02058BZ-AC, dated 16 September 2015. The final site classification for these lots should be carried out by an experienced geotechnical engineer in accordance with AS2870-2011. The final site classification and the footing design for the structures within these lots should consider both reactivity of the top 1.5 m of the material below the design levels and the estimated post-construction settlements as per the design. The following should also be noted in relation to these lots: •

• •

•

The approximate ASS thicknesses provided in Table2-1 are based on the interpreted thickness of ‘soft’ acid sulfate soil Unit 3b pre-treatment. The post-treatment thicknesses are lesser than the pre-treatment thicknesses by the order of the above recorded settlements during surcharging of the area. Some Unit 3a sandy ASS material might also be encountered underneath the Bridging layer within these lots. The soft soil treatment was designed and adopted considering that the only future loading within the lots boundary is a uniformly distributed building load of maximum 25 kPa applied above the top level of the Bridging layer. Considering this, the following should be noted:  Large concentrated loads should not be applied within any lot boundary.  Excess permanent fill, except the fill material already placed, should not be placed within these lots unless consultation with an experienced geotechnical engineer who is aware of the site history and the required assessments and treatment measures adopted is carried out. Placement of permanent additional fill may create higher total and differential settlements than the estimated above values. Unless specific advice is provided by an experienced geotechnical engineer, excavations should be planned to extend no deeper than the top of the bridging layer level as shown in the drawings. The Bridging Layer material is essentially non-cohesive Gravel and Cobbles, and the permeability of the Bridging layer is very high, therefore any excavation extending within the Bridging layer should consider excavatability/collapse issues, permeability of this material and suitability of construction. Any deep excavation within these lots, extending below the bridging layer, should be carried out under the consultation of an experienced geotechnical engineer who is aware of the site history. Any excavation exposing ASS material should be carried out in accordance with the ASS Management Plan for the site.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Limitations and Exclusions

The assessments, discussions, and recommendations provided in this report are made based on the assumptions adopted and also based on the information available and provided to SMEC at the time. Any changes to these would potentially affect the results of this assessment and accordingly the discussions and recommendations provided. Therefore, SMEC should be notified if any of the above assumptions and/or information is changed and/or if not applicable to the assessment carried out. Further assessments might be required if such changes occur. Also, refer to the Notes below in relation to the Limitations and Exclusions.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Limitations and Exclusions

NOTES RELATING TO GEOTECHNICAL REPORTS

Subsurface Information

Introduction

Logs of a borehole, recovered core, test pit, excavated face, or cone penetration test are an engineering and/or geological interpretation of the subsurface conditions. The reliability of the logged information depends on the drilling/testing method, sampling/observation spacing’s and the ground conditions. It is not always possible or economic to obtain continuous high quality data. It should also be recognised that the volume of material observed or tested is only a fraction of the total subsurface profile.

These notes have been provided to outline the methodology and limitations inherent in geotechnical reporting. The issues discussed are not relevant to all reports and further advice should be sought if there are any queries regarding any advice or report. Geotechnical Reports Geotechnical reports are prepared by qualified personnel on the information supplied or obtained and are based on current engineering standards of interpretation and analysis. Information may be gained from limited subsurface testing, surface observations, previous work, and is supplemented by knowledge of the local geology and experience of the range of properties that may exhibited by the materials present. For this reason geotechnical reports should be regarded as interpretative rather than factual documents, limited to some extent by the scope of information on which they rely. Where the report has been prepared for a specific purpose (e.g. design of a three storey building), the information and interpretation may not be appropriate if the design is changed (e.g. a twenty storey building). In such cases, the report and the sufficiency of the existing work should be reviewed by SMEC in the light of the new proposal. Every care is taken with the report content, however, it is not always possible to anticipate or assume responsibility for the following conditions:

•

• •

Unexpected variations in ground conditions. The potential for this depends on the amount of investigative work undertaken. Changes in policy or interpretation by statutory authorities The actions of contractors responding to commercial pressures

If these occur, SMEC would be pleased to resolve the matter through further investigation, analysis or advice.

Interpretation of subsurface information and application to design and construction must take into consideration the spacing of the test locations, the frequency of observations and testing, and the possibility that geological boundaries may vary between observation points. Groundwater observations and measurements outside of specially designed and constructed piezometers should be treated with care for the following reasons:

•

• • •

In low permeability soils groundwater may not seep into an excavation or bore in the short time it is left open. A localised perched water table may not represent the true water table. Groundwater levels vary according to rainfall events or season. Some drilling and testing procedures mask or prevent groundwater inflow.

The installation of piezometers and long term monitoring of groundwater levels may be required to adequately identify groundwater conditions. Supply of Geotechnical Information for Tendering Purposes It is recommended tenderers are provided with as much geological and geotechnical information that is available, and that where there are uncertainties regarding the ground conditions, prospective tenderers should be provided with comments discussing the range of likely conditions in addition to the investigation data.

Unforeseen Conditions Should conditions encountered on site differ markedly from those anticipated from the information contained in the report, SMEC should be notified immediately. Early identification of site anomalies generally results in any problems being more readily resolved and allows reinterpretation and assessment of the implications for future work.

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

Appendix A Extent of Surcharge Mound P3

Extent of Surcharge Mound P3

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

INC02 INC01

Area P3 – Stage 1

SMEC's report: 30012095-R05. Figure's reference: Coffey's report GEOTWOLL02058BA-AI, dated 17 December 2014.

revision

description

drawn

approved

date

drawn approved

KK P.W

date

15/12/2014

scale

N.T. S.

original size

client: project:

title:

AUSTRALAND GEOTECHNICAL ASSESSMENT SHELL COVE BOATHARBOUR DEVELOPMENT STAGE 1, SHELLHARBOUR, NSW EXTENT OF SURCHARGE MOUND P3 ON UNIT 3B CONTOURS

project no:GEOTWOLL02058BA-AI

figure no: 2

Appendix B Precinct A Lots Boundary on Soft Soil (Unit 3B) Contours

Precinct A Lots Boundary on Soft Soil (Unit 3B) Contours

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

5 1.

PRECINCT BOUNDARY

0.5

2.0 2.5 3.0

4. 0

3.5 3.5

4.5

4.0

RO A

5.0

4.5

5.0

DM C03 3.5

5.5 5.5

5.5

SHELL COVE BOAT HARBOUR

6.0

3. 5

6.0

0 4.

4.5

3.0 3.5 4.0

6.5

5.0

5.5 6.0 6.5

B2 B2 2.5 2.0

4.5

7.0

6.0

3.5

1002

1.0

4.5

5.0

5 5.

6.5

0 7.

7.5

2.5

0.0

7.0

1001

5 4.

5.0

2.0

7.0

DM C24

5.5

6.5

RO A 6.5

4.0

7.5

LAN

1064

1003

3. 0

0.5

8.0

5. 0

4.5

5.0

1004

1021

6.0

1022

5.5

ROAD MC03

6.0

6.5

7.0

7.5

8.0

LANEWAY ML01

6. 0

1005

1000 1023

1063

0 6.

1006 1020

1024

1007

1025

1019

1.5

1008 1018

0.5

1.0

1026

1045

1044

1043

1042

1041

1040

1039

1027

1010

0.0

1046 D.P. 1 2 0 3 7 4 7

1009 1017

1038

1016 1028

1011

1015

1014

1029

1012

AD ROAD

1037

1051 1047

1048

1049

1013

1036

1050

1061

1062

THE PROMONTORY DRIVE

1035 1052

ROAD

1053 1054

1033

AD RO

8.5

6.5

5. 5

7.0

EW AY ML0 3

1032

1031 1060

1030 1055

1056 1059

1057

LEGEND 1058

EXISTING SURFACE LEVEL (1.0m) 2.0

DESIGN SURFACE LEVEL(0.5m) DESIGN SURFACE LEVEL (0.25m)

4.0

NOT FOR CONSTRUCTION

SHELL COVE BOAT HARBOUR - STAGE 3

INFORMATION DOCUMENT

PRECINCT A SITE PLAN

SOFT SOIL UNIT 3B LEVEL (0.5m)

Member of the Surbana Jurong Group

30012095-20180620-ID-0202_[A]

C ABN 47 065 475 149 SUITE 2, LEVEL 1, 243 NORTHBOURNE AVENUE LYNEHAM ACT 2602

Appendix C Bridging Layer and Structural Fill within Surcharge Mound P3 Zone

Bridging Layer and Structural Fill within Surcharge Mound P3 Zone

GEOTECHNICAL ADVICE - PRESENCE OF BRIDGING AND ASS MATERIALS - PRECINCT A Shell Cove Boat Harbour Development Prepared for Frasers Property Australia Pty Ltd

SMEC Internal Ref. 30012095-R05 Rev.01 21 June 2018

2.0

2.5

3.0 4. 0

3.5 3.5

4.5

4.0

5.0

4.5

5.0

03 3.5

5.5

SHELL COVE BOAT HARBOUR

6.0

3. 5

6.0

0 4.

4.5

7.0

5.0

3.0 3.5

2.5 2.0

7.0

5.5 6.0 6.5

B2 B2 4.0

6.5 6.0

AD MC 24

1001

5.0

6.5

0 4.

4. 0

7.0

5.5

6.5

1002

7.0 4.5

5.0

5 5.

0 6.

0 7.

7.5

6.5

7.5

1003

8.0

4.5

1064 1004

1021

ML0

3 6.0

1022

5.5

LANEWAY ML01

6. 0

ROAD MC03

6.0

6.5

7.0

7.5

8.0

1005

1000 1023

1063

1006 1020

1024

1007

1019

1025

1008 1018 1026

1046

1045

1044

1043

1042

1041

1040

1009 1017

1038

1039

1027

1010 1016

D.P. 1 2 0 3 7 4 7 1028

1011

1015

1014

1029

1012

ROAD

1037

1051 1047

1048

1049

1013

1036

1050

1061

1062

THE PROMONTORY DRIVE

1035 1052

ROAD

1053 1054

1033

AD RO

8.5

6.5

7.0

AD RO

7.5

LAN

5.0

1032

1031 1060

1030 1055

1056 1059

1057

LEGEND 1058

BRIDGING COMPLETE CONTOUR 2013 DESIGN CONTOURS EXISTING SURVEY CONTOURS

NOT FOR CONSTRUCTION

SHELL COVE BOAT HARBOUR - STAGE 3

INFORMATION DOCUMENT

PRECINCT A BRIDGING LAYER

Member of the Surbana Jurong Group

30012095-20180605-INF-0109

C ABN 47 065 475 149 SUITE 2, LEVEL 1, 243 NORTHBOURNE AVENUE LYNEHAM ACT 2602

2.0

2.5

3.0 4. 0

3.5 3.5

4.5

4.0

5.0

4.5

5.0

03 3.5

5.5

SHELL COVE BOAT HARBOUR

6.0

3. 5

6.0

0 4.

4.5

7.0

5.0

3.0 3.5

2.5 2.0

7.0

5.5 6.0 6.5

B2 B2 4.0

6.5 6.0

AD MC 24

1001

5.0

6.5

0 4.

4. 0

7.0

5.5

6.5

1002

7.0 4.5

5.0

5 5.

0 6.

0 7.

7.5

6.5

7.5

1003

8.0

4.5

1064 1004

1021

ML0

3 6.0

1022

5.5

LANEWAY ML01

6. 0

ROAD MC03

6.0

6.5

7.0

7.5

8.0

1005

1000 1023

1063

1006 1020

1024

1007

1019

1025

1008 1018 1026

1046

1045

1044

1043

1042

1041

1040

1009 1017

1038

1039

1027

1010 1016

D.P. 1 2 0 3 7 4 7 1028

1011

1015

1014

1029

1012

ROAD

1037

1051 1047

1048

1049

1013

1036

1050

1061

1062

THE PROMONTORY DRIVE

1035 1052

ROAD

1053 1054

1033

AD RO

8.5

6.5

7.0

AD RO

7.5

LAN

5.0

1032

1031 1060

1030 1055

1056 1059

1057

LEGEND 1058

STRUCTURAL MATERIAL CONTOUR 2013 DESIGN CONTOURS EXISTING SURVEY CONTOURS

NOT FOR CONSTRUCTION

SHELL COVE BOAT HARBOUR - STAGE 3

INFORMATION DOCUMENT

PRECINCT A STRUCTURAL FILL

Member of the Surbana Jurong Group

30012095-20180605-INF-0110

C ABN 47 065 475 149 SUITE 2, LEVEL 1, 243 NORTHBOURNE AVENUE LYNEHAM ACT 2602

SMEC is recognised for providing technical excellence and consultancy expertise in urban, infrastructure and management advisory. From concept to completion, our core service offering covers the life-cycle of a project and maximises value to our clients and communities. We align global expertise with local knowledge and state-of-the-art processes and systems to deliver innovative solutions to a range of industry sectors.

Lot Classification Draft Report Stage 1 - Precinct A, Shell Cove

Contact 140 Industrial Road Oak Flats NSW 2529 Phone: + 612 4257 4458 www.constructionsciences.net

Applicant: InfoTrack Pty Ltd GPO Box 4029 SYDNEY NSW 2001 ecertificates@infotrack.com.au

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 Applicants Reference:

215699

Certificate No:

PL0944/2021

Print Date:

19 April 2021

LAND DESCRIPTION: 13 Seaside Avenue SHELL COVE NSW 2529 Lot 1022 DP 1246645 Land ID: 36582 Disclaimer Information contained in this certificate relates only to the land for which this certificate is issued on the day it is issued. This information is provided in good faith and the Council shall not incur any liability in respect of any such advice. Council relies on state agencies for advice and accordingly can only provide that information in accordance with the advice. Verification of the currency of agency advice should occur. For further information, please contact Council’s Customer Service Section. Title Information Title information shown on this Planning Certificate is provided from Council’s records and may not conform to information shown on the current Certificate of Title. Easements, restrictions as to user, rights of way and other similar information shown on the title of the land are not provided on this planning certificate. Inspection of the land The Council has made no inspection of the land for the purposes of this Planning Certificate.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 2

…………………………………………………………………………………………………... PART A: INFORMATION PROVIDED UNDER SECTION 10.7(2) Matters contained in this certificate apply only to the land on the date of issue. 1.

Name of Relevant Planning Instruments and DCPs

1.1

Which environmental planning instruments apply to the carrying out of development on the land? Local Environmental Plan

Shellharbour Local Environmental Plan 2013. Reference should also be made to NSW Legislation website www.legislation.nsw.gov.au for full details regarding this LEP. State Environmental Planning Policies SEPP No 21 - Caravan Parks. The policy provides that where caravan parks or camping grounds are permissible under the environmental planning instrument, movable dwellings, as defined under the Local Government Act, 1919, are permissible. SEPP No 33 - Hazardous & Offensive Development. Provides new definitions for 'hazardous industry', 'hazardous storage establishment', 'offensive industry' and 'offensive storage establishment'. The policy also requires specified matters to be considered for proposals that are 'potentially hazardous' or 'potentially offensive' as defined in the policy. SEPP No 36 - Manufactured Home Estates. The policy -(i) defines where Manufactured Home Estates (MHEs) may be permitted and establishes criteria for the granting of development consent to these estates, - (ii) enables, with development consent, the subdivision of MHEs, provided such subdivision complies with the provisions of the Local Government (Manufactured Home Estates) Regulation 1993. SEPP No 50 - Canal Estate Developments. This policy provides that where the policy applies, a person shall not carry out canal estate development as defined in the policy. SEPP No 55 - Remediation Of Land. The policy aims to promote the remediation of contaminated land for the purpose of reducing risk of harm to human health or any other aspect of the environment. The policy applies to the whole state to ensure that remediation is permissible development and is always carried out to high standard. It specifies when consent is required for remediation and lists considerations that are relevant when rezoning land and determining development applications. SEPP No 64 - Advertising And Signage. The policy aims to improve the amenity of urban and natural settings by managing the impact of outdoor advertising. SEPP No 65 - Design Quality Of Residential Flat Development. The policy raises the design quality of residential flat development across the state

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 3

…………………………………………………………………………………………………... through the application of a series of design principles. Provides for the establishment of Design Review Panels to provide independent expert advice to councils on the merit of residential flat development. The accompanying regulation requires the involvement of a qualified designer throughout the design, approval and construction stages. SEPP No 70 - Affordable Housing (Revised Schemes). The policy extends the life of affordable housing provisions relating to: Sydney Regional Environmental Plan No 26 - City West, Willoughby Local Environmental Plan 1995, South Sydney Local Environmental Plan 1998. SEPP - Building Sustainability Index: Basix 2004. This policy applies to all new single dwelling houses or dual occupancy development from 1st July 2005, and to all new multi-dwelling development or alterations and additions from 1st October 2005. BASIX is a web based tool designed to assess the potential performance of residential buildings against sustainability criteria. Details are available at www.basix.nsw.gov.au or by contacting NSW Department of Infrastructure Planning and Natural Resources. SEPP - (State Significant Precincts) 2005. This policy identifies the criteria for state significant development to be determined by the Minister for Infrastructure and Planning. This will facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the state. SEPP - (Housing for Seniors or People with a Disability) 2004. The policy aims to encourage the development of high quality accommodation for our ageing population and for people who have disabilities - housing that is in keeping with the local neighbourhood. SEPP - (Mining, Petroleum Production and Extractive Industries) 2007. This SEPP aims to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State. The policy also aims to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources and to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment and sustainable management, of development of mineral, petroleum and extractive material resources. SEPP - (Infrastructure) 2007. The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by: a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and b) providing greater flexibility in the location of infrastructure and service facilities, and c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and e) identifying matters to be considered in the assessment of development adjacent

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 4

…………………………………………………………………………………………………... to particular types of infrastructure development, and f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing. SEPP - (Exempt & Complying Development Codes) 2008. This policy aims to provide streamlined assessment processes for development that complies with specified development standards by identifying in the General Exempt Development Code the types of development that may be carried out without the need for development consent and in the Complying Development Codes the types of complying development that may be carried out in accordance with a complying development certificate. SEPP - State Environmental Planning Policy (Affordable Rental Housing) 2009. The aims of this Policy are as follows: a) to provide a consistent planning regime for the provision of affordable rental housing, b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards c) to facilitate the retention and mitigate the loss of existing affordable rental housing d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing, e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing f) to support local business centres by providing affordable rental housing for workers close to places of work g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation. SEPP - State Environmental Planning Policy (State & Regional Development) 2011. The SEPP aims to: a) Identify development that is State significant development, b) to identify development that is State significant infrastructure and critical State significant infrastructure, c) to confer functions on joint regional planning panels to determine development applications. SEPP - State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007. This Policy aims to: a) to provide that the erection of temporary structures is permissible with consent across the State, b) to ensure that suitable provision is made for ensuring the safety of persons using temporary structures, c) to encourage the protection of the environment at the location, and in the vicinity, of temporary structures by specifying relevant matters for consideration, d) to provide that development comprising the subdivision of land, the erection of a building or the demolition of a building, to the extent to which it does not

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 5

…………………………………………………………………………………………………... already require development consent under another environmental planning instrument, cannot be carried out except with development consent. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017. The aims of this Policy are to: (a) protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and (b) preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation. State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017. This Policy aims to facilitate the effective delivery of educational establishments and early education and care facilities across the State. State Environmental Planning Policy (Coastal Management) 2018. This SEPP applies to part of the lot. The aim of this SEPP is to promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016. State Environmental Planning Policy (Primary Production and Rural Development) 2019 The aims of this Policy are to:  Facilitate the orderly economic use and development of lands for primary production  Reduce land use conflict  Identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land and  Simplify the regulatory process for smaller-scale low risk artificial waterbodies. Deemed SEPP's (Regional Environmental Plans) No Deemed SEPPs apply to the land. 1.2

Which proposed environmental planning instruments apply to the carrying out of development on the land that is or has been the subject of community consultation or public exhibition? Planning Proposal - Local Environmental Plan No exhibited Draft Local Environmental Plans. Draft State Environmental Planning Policies The Draft Housing Diversity SEPP proposes to: 1. introduce new definitions for build-to-rent housing, student housing and coliving; 2. amend some state-level provisions, particularly regarding boarding house and seniors housing development; 3. amend the state-level planning provisions used by the NSW Land and Housing Corporation (LAHC) for social housing developments undertaken

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 6

…………………………………………………………………………………………………... on Government-owned land; and consolidate three housing-related SEPPs State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 • State Environmental Planning Policy No 70 - Affordable Housing (Revised Schemes). It is also proposed to simplify the pathway for major LAHC projects, such as those within the Communities Plus program, to become State Significant Development (SSD) under the State Environmental Planning Policy (State and Regional Development (2011). Full details can be found at https://www.planning.nsw.gov.au/Policy-andLegislation/Housing/Diverse-and-affordable-housing 4. • •

1.3

Which development control plans apply to the carrying out of development on the land? The Shellharbour Development Control (DCP) is Council's only DCP and applies to all of the Shellharbour City Council area except for the land at Calderwood covered by the Major Development State Environmental Planning Policy. The DCP covers many forms of development including residential, commercial and industrial and will potentially apply to any development within the Shellharbour City Council area that requires development consent. Section 79C of the Environmental Planning and Assessment Act lists a DCP as a matter for consideration in determining a development application. Draft Exhibited Development Control Plan No exhibited draft Development Control Plans apply to the land. Technical Policies Shellharbour City Council Stormwater Policy. Council has adopted the Shellharbour City Council Stormwater Policy that would apply to all lots within the Shellharbour City Local Government Area. Exhibited Technical Policies There are no Exhibited Technical Policies on this land.

1.4

In this clause, proposed environmental planning instrument includes a planning proposal for the LEP or a draft environmental planning instrument.

ZONING AND LAND USE UNDER RELEVANT LEPs For each environmental planning instrument or proposed instrument referred to in clause 1 above (other than a SEPP or proposed SEPP) that applies to the land:

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 7

…………………………………………………………………………………………………... 2.1

What is the identity of the zoning for the land? Shellharbour LEP 2013 - R3 Medium Density Residential.

2.2

For what purposes may development be carried out within the zone without the need for development consent? Shellharbour LEP 2013 - R3: Home occupations.

2.3

For what purposes may development not be carried out within the zone except with development consent? Shellharbour LEP 2013 - R3: Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Building identification signs; Business identification signs; Centre-based child care centres; Community facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Jetties; Marinas; Mooring pens; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Residential accommodation; Respite day care centres; Roads; Seniors housing; Serviced apartments; Tank-based aquaculture; Water reticulation systems. Exceptions Shellharbour LEP 2013 - No.

2.4

For what purposes is development prohibited within the zone? Shellharbour LEP 2013 - R3: Pond-based aquaculture; Rural workers' dwellings; Any other development not specified in clause 2.2 or 2.3.

2.5

Are there any development standards applying to the land which fix minimum land dimensions for the erection of a dwelling house on the land and, if so, the minimum land dimensions so fixed? Shellharbour LEP 2013 - No. Note: A minimum lot size applies to all land shown on the Lot Size Map and/or as outlined in Shellharbour LEP 2013 written instrument. Note: A clause for the subdivision of certain split zoned land applies as outlined in the Shellharbour LEP 2013 written instrument.

2.6

Does the land include or comprise a critical habitat? Shellharbour LEP 2013 - No.

2.7

Is the land in a conservation area? Shellharbour LEP 2013 - No.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 8

…………………………………………………………………………………………………... 2.8

Is an item of environmental heritage situated on the land? Shellharbour LEP 2013 - No.

ZONING AND LAND USE UNDER STATE ENVIRONMENTAL PLANNING POLICY (SYDNEY REGION GROWTH CENTRES) 2006 This clause does not apply to the land.

COMPLYING DEVELOPMENT

3.1

The extent to which the land is land on which complying development may be carried out under each of the codes for complying development because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

3.2

The extent to which complying development may not be carried out on that land because of the provisions of clauses 1.17A (1) (c) to (e), (2), (3) and (4), 1.18 (1) (c3) and 1.19 of that Policy and the reasons why it may not be carried out under those clauses.

3.3

If the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land, a statement that a restriction applies to the land, but it may not apply to all of the land, and that the council does not have sufficient information to ascertain the extent to which complying development may or may not be carried out on the land. Housing Code Complying development under the Housing Code MAY only be carried out on that part of the land that IS NOT identified as coastal hazard in a development control plan or a policy adopted by Council. Rural Housing Code Complying development under the Rural Housing Code MAY be carried out on the land. Low Rise Housing Diversity Code Complying development under the Low Rise Housing Diversity Code MAY be carried out on the land. Greenfield Housing Code Complying Development under the Greenfield Housing Code MAY NOT be carried out on the land.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 9

…………………………………………………………………………………………………... Housing Alterations Code Complying development under the Housing Alterations Code MAY be carried out on the land. General Development Code Complying development under the General Development Code MAY be carried out on the land. Commercial and Industrial Alterations Code Complying development under the Commercial and Industrial Alterations Code MAY be carried out on the land. Commercial and Industrial (New Buildings and Additions) Code Complying development under the Commercial and Industrial (New Buildings & Additions) Code MAY be carried out on the land. Subdivisions Code Complying development under the Subdivision Code MAY be carried out on the land. Demolition Code Complying Development under the Demolition Code MAY be carried out on the land. Fire Safety Code Complying development under the Fire Safety Code MAY be carried out on the land. Container Recycling Facilities Code Complying development under the Container Recycling Facilities Code MAY be carried out on the land. 4B

ANNUAL CHARGES UNDER LOCAL GOVERNMENT ACT 1993 FOR COASTAL PROTECTION SERVICES THAT RELATE TO EXISTING COASTAL PROTECTION WORKS Whether the owner (or any previous owner) of the land has consented in writing to the land being subject to annual charges under section 496B of the Local Government Act 1993 for coastal protection services that relate to existing coastal protection works (within the meaning of section 553B of that Act)? Not applicable.

MINE SUBSIDENCE

5.1

Is the land proclaimed to be a mine subsidence district within the meaning of section 15 of the Mine Subsidence Compensation Act 1961?

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 10

…………………………………………………………………………………………………... No. 6.

ROAD WIDENING AND ROAD REALIGNMENT

6.1

Is the land affected by any road widening or road realignment under:

(A)

Division 2 of Part 3 of the Roads Act 1993? No.

(B)

Any environmental planning instrument? No.

(C)

Any resolution of the Council? No.

COUNCIL AND OTHER PUBLIC AUTHORITY POLICIES ON HAZARD RISK RESTRICTIONS. Is the land affected by a policy either adopted by Council OR adopted by any other public authority and notified to the Council (for the express purposes of its adoption by that authority being referred to in planning certificates issued by the Council) that restricts the development of the land because of the likelihood of:

7.1

Landslip No.

7.2

Bushfire No.

7.3

Tidal Inundation No.

7.4

Subsidence No.

7.5

Acid Sulphate Soils No

7.6

Any other risk Coastal Hazard Study.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 11

…………………………………………………………………………………………………... 7A

FLOOD RELATED DEVELOPMENT CONTROLS INFORMATION

7A.1

Is development on the land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) subject to flood related development controls? Council has no record indicating that the land may be located within a flood hazard area. If you have any doubt as to whether the land is affected by flooding, the services of a suitably qualified Consulting Engineer should be obtained.

7A.2

Is development on the land or part of the land for any other purpose subject to flood related development controls? Council has no record indicating that the land may be located within a flood hazard area. If you have any doubt as to whether the land is affected by flooding, the services of a suitably qualified Consulting Engineer should be obtained.

7A.3

Words and expressions in this clause have the same meanings as in the Standard Instrument.

LAND RESERVED FOR ACQUISITION

8.1

Does any environmental planning instrument or proposed environmental planning instrument referred to in item 1 above make provision in relation to the acquisition of the land by a public authority, as referred to in section 3.15 of the Environmental Planning & Assessment Act? Shellharbour LEP 2013 - No.

CONTRIBUTIONS PLAN

9.1

Which contributions plan/s apply to the land? Shellharbour Local Infrastructure Contributions Plan 2019 (9 th Review).

BIODIVERSITY CERTIFIED LAND

9A.1

Is the land biodiversity certified land under Part 8 of the Biodiversity Conservation Act 2016? No.

10.

BIODIVERSITY STEWARDSHIP SITES

10.1

Is the land a biodiversity stewardship site under a biodiversity stewardship agreement under Part 5 of the Biodiversity Conservation Act 2016, that council is aware of? No.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 12

…………………………………………………………………………………………………... 10A

NATIVE VEGETATION CLEARING SET ASIDES

10A.1 Does the land contain a set aside area under section 60ZC of the Local Land Services Act 2013 that council is aware of or is registered in the public register under that section? No. 11.

BUSH FIRE PRONE LAND

11.1

Is any of the land bushfire prone land as defined in the Environmental Planning & Assessment Act 1979? No.

12.

PROPERTY VEGETATION PLANS

12.1

Does a property vegetation plan under the Native Vegetation Act 2003 apply to the land, being a plan to which the council has been notified of its existence by the person or body that approved the plan under the Act? No.

13.

ORDERS UNDER TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006

13.1

Has an order been made under the Trees (Disputes Between Neighbours) Act 2006 to carry out work in relation to a tree on the land, being an order to which the council has been notified of? No.

14.

DIRECTIONS UNDER PART 3A

14.1

Is there a direction by the Minister in force under section 75P(2)(c1) of the Environmental Planning & Assessment Act 1979 that a provision of an environmental planning instrument prohibiting or restricting the carrying out of a project or a stage of a project on the land under Part 4 of the Act does not have effect? No.

15.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR SENIORS HOUSING

15.1

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, is there a current site compatibility certificate (seniors housing), of which the council is aware, in respect of proposed development on the land? No.

15.2

If the land is land to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies, have any terms of a kind

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 13

…………………………………………………………………………………………………... referred to in clause 18(2) of that SEPP been imposed as a condition of consent to a development application granted after 11 October in respect of the land? No. 16.

SITE COMPATIBILITY CERTIFICATES FOR INFRASTRUCTURE, SCHOOLS OR TAFE ESTABLISHMENTS

16.1

Is there a valid site compatibility certificate (infrastructure) or site compatibility certificate (schools or TAFE establishments), of which the council is aware, in respect of proposed development on the land? No.

17.

SITE COMPATIBILITY CERTIFICATES AND CONDITIONS FOR AFFORDABLE RENTAL HOUSING

17.1

Is there a current site compatibility statement (affordable rental housing), of which the council is aware, in respect of proposed development on the land? No.

17.2

Have any terms of a kind referred to in clause 17(1) or 38(1) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 been imposed as a condition of consent to a development application in respect of the land? No.

18.

PAPER SUBDIVISION INFORMATION

18.1

The name of any development plan adopted by a relevant authority that applies to the land or that is proposed to be subject to a consent ballot. Not applicable.

18.2

The date of any subdivision order that applies to the land. Not applicable.

18.3

Words and expressions used in this clause have the same meaning as they have in Part 16C of the Environmental Planning & Assessment Regulation.

19.

SITE VERIFICATION CERTIFICATES

19.1

Is there a current site verification certificate, of which the Council is aware, in respect of the land? No.

19.2

The certificate ceases to be current on: Not applicable.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 14

…………………………………………………………………………………………………... 19.3

A copy of the certificate may be obtained from the head office of the NSW Department of Planning and Environment.

20.

LOOSE-FILL ASBESTOS INSULATION

20.1

Does the land include any residential premises (within the meaning of Division 1A of Part 8 of the Home Building Act 1989) that are listed on the register that is required to be maintained under that Division? Council is not aware that the land is on the register. You should make your own enquiries with NSW Fair Trading and search the register available on their website to confirm this information.

21. 21.1

AFFECTED BUILDING NOTICES PRODUCT RECTIFICATION ORDERS Is an affected building notice, of which council is aware, in force in respect of the land? No

21.2

Is there any building product rectification order, of which council is aware, in force in respect of the land that has not been fully complied with? No

21.3 Has any notice of intention to make a building product rectification order, of which council is aware, been given in respect of the land and is outstanding? No 22.

STATE ENVIRONMENTAL PLANNING POLICY (WESTERN SYDNEY AEROTROPOLIS) 2020

22.1

This Policy does not apply to the Shellharbour Local Government Area.

NOTE: MATTERS PRESCRIBED BY SECTION 59(2) OF THE CONTAMINATED LAND MANAGEMENT ACT 1997 (CLM Act) (a)

Is the land significantly contaminated land within the meaning of the CLM Act at the date of this certificate? No.

(b)

Is the land subject to a management order within the meaning of the CLM Act at the date of this certificate? No.

(c)

Is the land the subject of an approved voluntary management proposal within the meaning of the CLM Act at the date of this certificate? No.

PLANNING CERTIFICATE PURSUANT TO SECTION 10.7 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Cert No: Page No:

PL0944/2021 15

…………………………………………………………………………………………………... (d)

Is the land the subject of an ongoing maintenance order within the meaning of the CLM Act at the date of this certificate? No.

(e)

Is the land the subject of a site audit statement within the meaning of the CLM Act (such a statement having been provided to Council at any time)? No. CONTAMINATED INFORMATION - 1a. There are no matters listed under Section 59(2) of the Contaminated Land Management Act 1997 which should be specified on this certificate. CONTAMINATED INFORMATION - 2a. The land is affected by a policy adopted by Council that restricts development of land if there is likelihood of contamination. Council has not assessed the likelihood of contamination of the land and cannot certify whether or not the policy restricts development of the land.

PART B: NOTATIONS There are no Part B notations on this property. For further information please contact the Land & Information Services on (02) 4221 6111

Carey McIntyre Chief Executive Officer

COUNCIL OF THE CITY OF SHELLHARBOUR C/o ALISA BATEMAN 76 CYGNET AVENUE SHELLHARBOUR CITY CENTRE NSW 2529

Our reference: 2410197245246 Phone: 13 28 66

6 March 2019

Your foreign resident capital gains withholding clearance certificate › Purchasers are not required to withhold and pay an amount › Provide a copy to the purchaser and retain a copy for your records

Hello

NEED HELP?

We have decided that purchasers are not required to withhold and pay an amount. Your certificate is below. Reference number

2410197245246

You can find out more about foreign resident capital gains withholding on our website at ato.gov.au/FRCGW

Vendor name

COUNCIL OF THE CITY OF SHELLHARBOUR

76 CYGNET AVENUE

If you have any questions, contact us between 8:00am and 5:00pm Australian Eastern Standard Time, Monday to Friday on: › 13 28 66 if located in Australia, or › +61 2 6216 1111 if located outside Australia and ask for 13 28 66.

Vendor address

Clearance certificate period

SHELLHARBOUR CITY CENTRE NSW 2529 1 March 2019 to 3 March 2024

The Commissioner may withdraw this clearance certificate at any time if we obtain further information indicating you are a foreign resident.

Yours sincerely

Alison Lendon Deputy Commissioner of Taxation

Enquiry ID Agent ID Issue Date Correspondence ID Your reference INFOTRACK PTY LIMITED DX Box 578 SYDNEY

Land Tax Certificate under section 47 of the Land Tax Management Act, 1956. This information is based on data held by Revenue NSW.

Land ID

Land address

Taxable land value

D1246645/1022

13 SEASIDE AVE SHELL COVE 2529

$880 000

There is no land tax (including surcharge land tax) charged on the land up to and including the 2021 tax year.

Yours sincerely,

Scott Johnston Chief Commissioner of State Revenue

Revenue NSW GPO Box 4042, Sydney NSW 2001 | DX 456 Sydney T 02 7808 6900 | revenue.nsw.gov.au

3464861 81429403 16 Apr 2021 1724770837 215699

Important information Who is protected by a clearance certificate? A clearance certificate states whether there is any land tax (including surcharge land tax) owing on a property. The certificate protects a purchaser from outstanding land tax liability by a previous owner, however it does not provide protection to the owner of the land.

Contact details

Read more about Land Tax and use our online servce at www.revenue.nsw.gov.au

1300 139 816*

When is a certificate clear from land tax? A certificate may be issued as 'clear' if: ■ the land is not liable or is exempt from land tax ■ the land tax has been paid ■ Revenue NSW is satisfied payment of the tax is not at risk, or ■ the owner of the land failed to lodge a land tax return when it was due, and the liability was not detected at the time the certificate was issued. Note: A clear certificate does not mean that land tax was not payable, or that there is no land tax adjustment to be made on settlement if the contract for sale allows for it. When is a certificate not clear from land tax? Under section 47 of the Land Tax Management Act 1956, land tax is a charge on land owned in NSW at midnight on 31 December of each year. The charge applies from the taxing date and does not depend on the issue of a land tax assessment notice. Land tax is an annual tax so a new charge may occur on the taxing date each year. How do I clear a certificate? A charge is removed for this property when the outstanding land tax amount is processed and paid in full. Payment can be made during settlement via an accepted Electronic Lodgement Network or at an approved settlement room. To determine the land tax amount payable, you must use one of the following approved supporting documents: ■ Current year land tax assessment notice. This can only be used if the settlement date is no later than the first instalment date listed on the notice. If payment is made after this date interest may apply. ■ Clearance quote or settlement letter which shows the amount to clear. The charge on the land will be considered removed upon payment of the amount shown on these documents How do I get an updated certificate? A certificate can be updated by re-processing the certificate through your Client Service Provider (CSP), or online at www.revenue.nsw.gov.au. Please allow sufficient time for any payment to be processed prior to requesting a new version of the clearance certificate. Land value, tax rates and thresholds The taxable land value shown on the clearance certificate is the value used by Revenue NSW when assessing land tax. Details on land tax rates and thresholds are available at www.revenue.nsw.gov.au.

Phone enquiries 8:30 am - 5:00 pm, Mon. to Fri.

* Overseas customers call +61 2 7808 6906 Help in community languages is available.