Lake Bennett (Land Title) Act 2005

section

11(3)

1. Each owner of the parcels of land receiving the benefit of the easement (the Owners) and all persons from time to time authorised by any of the Owners have the right to enter on and use the land burdened by the easement (the lake and foreshore) for recreational purposes that do not interfere with the quiet enjoyment of the lake and foreshore by others PROVIDED THAT the lake and foreshore must not be used for recreational purposes that are inconsistent with the terms of the Licence to take or use surface water issued under the Water Act 1992 reserving nevertheless to the owner of the lake and foreshore its employees agents and all persons from time to time authorised by it in common with the Owners and all persons from time to time to authorised by the Owners and all other persons having the like right free and uninterrupted passage across the use of the lake and foreshore.

2. Each of the Owners have the right to leave a boat on the lake for use by the Owner and persons authorised by the Owner.

3. Each of the Owners (for so long as the Owner's land adjoins

Chinner Road or section 1255) have the right to leave a pontoon (including a ramp), on the lake for use by the Owner and persons authorised by the Owner, in accordance with the Northern Territory

Planning Scheme as it applies to the Lake Bennett locality, subject to the prior written approval of the owner of the lake and foreshore (which must not be unreasonably withheld) as to the specifications, construction, mooring and location of the pontoon. The owner of the pontoon must maintain the area within 3 m from any point of the pontoon (including the ramp) clear of vegetation at all times and must obtain and maintain public liability insurance with respect to any damage associated with the pontoon.

4. Each of the Owners for the Owner and the Owner's successors in title covenants with the owner of the lake and foreshore and its successors in title that the Owner and the Owner's successors in title will not do or suffer anything to be done on the lake and foreshore if the lake and its retaining wall may be damaged or polluted or the use of the lake and foreshore either by the owner of the lake and foreshore its employees agents and all persons from time to time authorised by it or by any other persons with a like right to use the lake and foreshore may be prejudicially interfered with.