05. OBoat Hire - Seabed Lease

The lessee must, at the lessees’ expense and to the satisfaction and requirements of the Department of
Environment and Heritage Protection provide facilities for the disposal and collection ashore of human
wastes and other litter and dry or wet refuse or waste materials from vessels. The lessee may and if required
install an external system to enable the connection to vessels of a line through which sewerage may be
pumped to a shore based receival station to enable collection.

The lessee must, at the lessees’ expense, maintain a depth of water within the land sufficient to allow such
waters to be freely navigated at the developed depths at all stages of the tide by the classes of the vessels
using the facilities situated therein and should any dredging be required to maintain such depth of water,
then the lessee must, at the lessees’ expense, be responsible for obtaining the relevant statutory approvals
required to permit the carrying out of such dredging and disposal of dredge spoil .

Conversion or renewal of the lease

fe

The lessee of this lease is not allowed to make an application for conversion of this lease in terms of the
Land Act 1994.

Tidal requirements

1.

2.

The lessee must not in any way interfere with any navigation mark or light erected on the land.

The lessee must, to the satisfaction of the Department of Transport and Main Roads, keep the sight line of
any navigation leads which cross the land clear of obstructions. However, with the prior approval of the
Department of Transport and Main Roads, the lessee may make alternative arrangements for relocating any
of the said leads.

The lessee must supply, install and maintain, at the lessees’ expense, any navigation lights, buoys, marks
and warning signs which the Department of Transport and Main Roads considers necessary.

All works constructed in, on, over, through or across and below high water mark within the land must be
maintained in a good and substantial state of repair.

The lessee must at all times take the necessary precautions to ensure that all lights on or above the land are
shielded to prevent glare or reflection which may interfere with safe navigation of surrounding waterways or
with reasonable enjoyment of neighbouring properties .

The lessee must not allow any vessel moored within the land to be used as a permanent place for human
habitation without the prior approval of the Minister administering the Land Act 1994.

The lessee must, take all reasonable action to ensure that all vessels attached to moorings within the
boundaries of the land must be moored wholly within such boundaries and that such vessels or any part/s
thereof must not encroach beyond the boundaries of the land.

Other conditions the Minister considers appropriate

1.

The lessee must not carry out or allow to be carried out, any offensive, noxious or noisy occupation or
business, upon the land, in accordance with Environmental Protection Act 1994.

If at any time, maintenance or repair are being conducted on the leased land that will disturb the free use and
enjoyment of the leased land by the public or will interfere, alter or change any services of gas, water,

electricity, telephone or any other service, the lessee must before commencing such maintenance or repair,

obtain the approval of any relevant authority and must carry out such maintenance and repairs, at the

lessees’ expense and to the requirements and satisfaction of the relevant authorities. ,

The lease is issued in accordance with the provisions of section 24IC of the Native Title Act 1993 (Cth). In
accordance with section 24IC of the Native Title Act 1993, the non-extinguishment principle applies.

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