Sylvania Waters Limited

We being residents, financial members and duly elected office bearers of Sylvania Waterways Limited undertake the following:

1) To voluntarily devote our free and private time to manage the land under the seabed and owned by Sylvania Waterways Limited;

2) To ethically carry out our allotted duties in accordance with the Memorandum and Articles of Association and comply with the requirements of Australian Companies Code;

3) To work constantly for the benefit of shareholders and ensure that we endeavour to enhance property values and lifestyles;

4) To represent shareholders and their interests in dealings with Sutherland Shire Council and other Regulatory and Statutory bodies;

5) To uphold the Company motto “Maintaining the Standards”;

6) To record and report to shareholders all financial transactions;

7) To report to shareholders details of our activities and keep shareholders informed of any legislative changes that may affect them;

8) Be available to assist shareholders wherever possible;

9) Continually updating our mission to suit current trends and situations;

10) Keep the company positively financial at all times.

In late 2001 and early 2002, dredging was done in Sylvania Waters to return it to its original pristine condition. Negotiations with Sutherland Council also resulted in an agreement being reached for Council to be responsible for dredging any future siltation caused by storm water. Council also agreed to install and maintain Gross Pollutant Traps on the 3 entrances to Sylvania Waters, to monitor the quality of water entering Sylvania Waters from these 3 creeks and to assist with floating rubbish collection and removal from the Waters.

In the three years after the completion of the dredging, property prices in the Waters doubled.

Through our Clean Waters Director, Sylvania Waterways Ltd manages the water depths to design levels using the Deed of Agreement between ourselves and Sutherland Shire Council in which the Council is obligated to maintain any silt buildup and we are now the only waterfront property owners in Australia to be guaranteed deep waterfronts into the future. Periodic dredging is carried out every two to three years.

(Applicable to most properties at original development stage and which remain on most property titles)
1. No building of any description and no additions to any building shall be erected upon or be allowed to occupy the lots in Deposited Plan 539605 (hereinafter called “the said lots”) unless the plans and specifications of such building thereto and its location thereon have been approved in writing by the Transferor and such approval shall not unreasonably be withheld.

2. No Building erected on any of the said lots shall be constructed with external walls to the ceiling line of the ground floor of materials other than brick, brick veneer, stone or similar materials as may be approved by the Transferor.

3. No structure building or part of any building erected on any of the said lots shall be occupied or used as a temporary dwelling.

4. No building erected on any of the said lots shall have a roof of corrugated galvanised iron or corrugated fibrous cement.

5. Not more than one self contained dwelling shall be erected on any of the said lots and no other building of any nature shall be erected so as to stand alone apart from the main dwelling.

6. None of the said lots shall be used other than for residential purposes and without limiting the generality of this covenant no building or structure at any time erected on any of the said lots shall be used for business, commercial, commercial amusement or manufacturing purposes, or for the purpose of renting rooms, a boarding house, a lodging house, a private hotel, motel or similar purposes. No hoarding or advertising signs shall be erected or displayed on any of the said lot except such signs as may be reasonably be required for the sale of said lots and no part thereof shall be used for running or keeping of poultry for commercial or private purposes.

7. No building shall be erected on any of the said lots unless the same shall be connected to the sewer, if available, or if the sewer is not available, to a Septic Tank Installation, the design of which is approved by the proper authorities or if approval of the aforementioned Septic Tank Installation cannot be obtained then to a Septic Closet the design and construction for which is approved by the proper authorities.

8. No fence shall be erected on any of the said lots to divide it from adjoining land owned by the Transferor without the consent of the transferor but such consent shall not be withheld if the fence shall be erected without expense to the transferor and in favour of any person dealing with the transferor such consent as aforesaid shall be deemed to have been given in respect of every such fence for the time being erected.

9. No Building shall be erected upon any of the said lots so that any main wall of the said building shall be closer than 20 feet to any building alignment forming the front boundary thereof. Nor shall any building be erected upon any of the said lots so that any main wall of said building shall be closer than 30 feet to the nearest portion of any water front.

10. No water front retaining wall, concrete capping beam, concrete anchor or tie rods on any of the said lots shall be interfered with in any way, unless with the written consent of the Transferor with the exception of the anchors to the water front retaining wall in the positions so provided. NO excavations shall be made below level 3.00 STANDARD DATUM within 20 feet of the back of the capping beam of any water front retaining wall, excepting for pipes carrying surface water to the weep holes provided in any such retaining wall.

11. No structure other than a pontoon supplied or approved by the Transferor shall be erected in, or on or under the said water.

12. a) No fence of rough sawn palings shall be erected on any of the said lots. b) No fence shall be erected in any of the said lots along any street alignment or between any street alignment and the building line of the dwelling. c) No fence shall be erected on any of the said lots between any water boundary and the nearest building line of the dwelling unless it shall be either of park rail type not more than 2 feet in height or else a safety mesh provided by the transferor not more than 3 feet in height. d) No fence shall be erected on the said land to a height exceeding 5 feet. e) No fence or other structure shall be erected upon the Water Front retaining wall.

13. a) No clothes lines or fuel tanks shall be erected or kept upon any of the said lots unless the design, location and screening thereof shall have been first approved in writing by the Transferor. b) No garbage cans shall be kept upon the subject land except upon an area the location and screening of which shall have been first approved in writing by the Transferor.

14. In these covenants the expression “fences” shall include “wall” and the said lots shall mean and include any other lots being a re – subdivision of the said lots. The land which has the burden of the covenants is the land hereby transferred. The land which has the benefit of these covenants is the whole of the land comprised in Deposited Plan 23724 excepting thereout the land hereby transferred. These covenants may be released varied and / or modified so far as any or all of the said lots is / are concerned by the Transferor without the consent of any other person.

Note: The above covenants were part of the original development program. Some items relating to approved types of fencing may be outdated. Please consult with the Director for general enquiries to discuss alternatives to the types mentioned in covenant #12 to ensure compliance with local government legislation.

DO NOT allow any fencer to core drill your seawall concrete capping as this may result in structural failure.

See attached document.

Sylvania Waterways Limited

Dual occupancy redevelopment.

Our members have overwhelmingly indicated that they do not desire medium density housing in Sylvania Waters as it is out of character for the area and diminishes the amenity of the suburb. Part of the attraction that Sylvania Waters offers is that it offers a luxury suburban lifestyle free of medium density development, unlike the rest of Sydney.

It is important to note that there are a number of planning controls unique to Sylvania Waters which will prevent redevelopment of waterfront blocks for multiple housing, including:

1. A restrictive covenant registered on the title of all waterfront properties within the estate prohibiting multiple density housing.
2. The consent of Sylvania Waterways Limited is required for the grant of any licenses and continuation of a grant of license to use the waterfront/access; and
3. A grant of easement from Sylvania Waterways Limited is required for any rebuild of dilapidated seawalls over the corporation’s seabed;

Sylvania Waterways Ltd will:

• refuse to grant a license for waterfront access devices; or
• will cancel a license for waterfront access devices; or
• refuse to grant an easement over its seabed for a new sea-wall; or
• will cancel an easement for a rebuilt sea-wall if already granted;

in respect of a waterfront lot the subject of a proposal for multiple housing redevelopment.

Sutherland Shire Council are aware of the covenants specific to Sylvania Waters waterfront land and endorse our position by refusing applications for multiple housing over waterfront land within Sylvania Waters.