App1 - Osco Jetty Lease 30 year · OPW17/0024

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4. Noxious plants: The lessee must keep noxious plants on the land under control. If the lessee does not
comply with this condition, the Minister may bring the noxious plants under control, the cost of which will be
recovered from the lessee.

5. Information to Minister: The lessee must give the Minister administering the Land Act 1994, information the
Minister asks for about the tenure.

6. Monies for improvements: No money for improvements is payable by the State on the forfeiture,
cancellation, surrender or expiry of this lease but money may be payable if the State receives payment from
an incoming lessee or buyer for the improvements on the land. However, the previous lessee may apply to
the Minister to remove the improvements that belong to the lessee, within a period of 3 months from the date
of the forfeiture, surrender, or expiry of this lease. The lessee May only undertake the removal of the
improvements in the presence of an authorised representative of the department, if required by the Minister.
The lessee may only remove those improvements if all monies due from the lessee to the department under
this lease have been paid.

 

REGULATORY CONDITIONS:

 

A regulatory condition relates to a lease, in accordance with the Land Regulation.

1. Indemnity: The lessee indemnifies and agrees to keep indemnified the Minister, and the State of
Queensiand and its Representatives, (the "Indemnified parties") against all liability, costs, loss and expenses
including claims in negligence (including any claims, Proceedings or demands bought by any third party, and
any legal fees, costs and disbursements on a solicitor and cient basis) ("Claim") arising from or incurred in
connection with:

a. the granting of this lease to the lessee;

b. the lessee's use and occupation of the land; or

¢. personal injury (including sickness and death) or property damage or loss in connection with the
performance (or attempted purported performance or non-performance) of the lease or a breach of
the lease by the lessee.

The lessee hereby releases and discharges to the full extent permitted by law, the Indemnified parties from
all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage
(whether personal or property and whether special, direct, indirect or consequential financial loss) arising out
of the use and occupation of the lease.

To the full extent permitted by law, the Minister, the State of Queensland and their Representatives will not
be liable to the lessee for any special, indirect or consequential damages, including consequential financial
loss arising out of the use and occupation of the lease.

2. Public Liability: The lessee must effect a public liability insurance policy with an insurer authorised under
the insurance Act 1973 (Commonwealth) or, if not so authorised then only with the Minister's approval, which
can be given or withheld in the Minister's sole discretion, naming the lessee as the insured covering legal
liability for any loss of, or damage to any property and for the injury (including death) to any person arising
out of anything done or omitted on or about the fand or any improvements thereon and against all claims,
demands, proceedings, costs, charges, and expenses whatsoever (including claims in negligence) Such
policy must:

 

a, be for an amount of not less than $20 million and have no per event sublimit or such higher amounts
as the Minister may reasonably require.

b. be effected on a "claims occurring" basis; and

c. be maintained at all times during the currency of the lease, and upon receipt of any notice of
cancellation, the lessee must immediately effect another public insurance policy in accordance with
the terms of the lease.

The lessee must, as soon as practicable, inform the Minister, in writing, of the occurrence of any event that
the tessee considers is likely to give rise to a claim under the policy of insurance effected and must ensure
that the Minister is kept fully informed of subsequent actions and developments concerning the claim.

The lessee must renew such policy, at the lessee’s expense, each year during the currency of this jease.

The condition will be satisfied if the lessee is the State of Queensland or a statutory authority eligible for
cover under the Queensland Government Insurance Fund and is insured and continues to be insured by the
Queensland Government Insurance Fund.

This condition will be satisfied if the lessee is the Commonwealth of Australia or a statutory authority eligible
for cover under the Comcover Insurance Fund and is insured and continues to be insured by Comcover.

3. Access: The provision of access, further access or services to the land will not be the responsibility of the
State.

4, Survey Costs: If the land needs to be surveyed or re-surveyed the lessee must do this at their own cost
under the Survey and Mapping infrastructure Act 2003. This survey plan must be lodged in the land registry
within the specified time.

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8.

Jurisdiction; The lessee is subject to the Land Act 1994 and all other relevant Queensland and
Commonwealth legislation.

 

6. Compliance with Laws: The lessee must comply with all lawful requirements of the:
a. Local Government; and
b. any department within the Queensland or Commonwealth governments (including the department
administering the Land Act 1994), local authority or statutory instrumentality having jurisdiction over
the land, or the development, use and occupation of the land, in regard to its use, occupation and
development of the land.
SPECIAL CONDITIONS:

 

These conditions reiate to this lease

Improvements or development on or to the land

1.

The lessee must not effect any structural or further structural or excavation improvements on the land,
without the approval of the department administering the Land Act 1994 and any other relevant authority,
having been first obtained.

The lessee must within the term of the lease, to the satisfaction of the relevant authorities, on the land in a
good and substantial state of repair.

The lessee must remove the improvements and rehabilitate the area to the satisfaction of the Minister / Chief
Executive of the Land Act 1994, from the date of termination of the tenure.

If the lessee fails to remove the improvements and rehabilitate the area as above, the Minister / Chief
Executive administering the Land Act 1994 , can remove the improvements and is hereby authorised to do
whatever is necessary to effect the said removal. The department may recover from the lessee the total cost
incurred in the said removal.

The lessee must, to the satisfaction of the Minister administering the Land Act 1994, develop the leased land
in a sustainable manner.

The lessee must. protect the leased land from erosion and effect such works as are considered necessary .

The lessee must ensure that the development and use of the land meets with the Planning Scheme, Local
Laws and requirements of the Noosa Shire Council, binding the lessee.

Maintenance of landscape and beautification program

If, as a result of carrying out works or any other cause attributable to. the lessee any any maintenance is
undertaken is , the lessee must, at the lessees’ expense, restore the to its former condition and take such
other action as is necessary to ensure the stability of the of the leased land to the satisfaction of the Minister
administering the Land Act 1994.

All works constructed in, on, over, through or across and below high water mark within the leased land must
be maintained.

Care, sustainability and protection of the land

The lessee must undertake acid sulphate soit survey prior to commencement of any excavation or drainage
works and notify on discovery of acid sulphate soils.

Any person authorised by the State must at all times during the term of the lease, fave free and unrestricted
use of all water on the land for any purpose connected with the management of the land or for fire protection.

The lessee must not keep, store or permit to be kept or stored on the land any materials of a dangerous,
flammable or explosive nature unless ail statutes, local laws and regulations applicable to the keeping and
storage of such materials have been complied with in every respect.

The lessee must ensure that each and every activity undertaken on the land which has the potential to
pollute and/or contaminate is carried out in such a manner as to prevent this from occurring.

The lessee must, at the lessees' expense and fo the satisfaction and requirements of Department of
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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.

6. 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 ail 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 responsibie for obtaining the relevant statutory approvals
required to permit the carrying out of such dredging and disposat of dredge spoil .

Conversion or renewal of the lease

1. 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
41. The lessee must not in any way interfere with any navigation mark or light erected on the land.

2. The lessee musi, 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.

3. 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.

4. 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.

5. 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 .

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

7, 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 the Environmental Protection Act 1994.

2. fat 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.

3. The lease is issued in accordance with the provisions of section 24H of the Native Title Act 1993 (Cth). In
accordance with section 24HA(4) of the Native Title Act 7993, the non-extinguishment principle applies.

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