Development Application part 2 OF 2 All of CD, Information in notes - MCU12/0216

 

27 November 2009]

QUEENSLAND GOVERNMENT GAZETTE No. 89 977

 

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2.1

grammatical form of that word or
phrase has a corresponding meaning;

(g) “includes” in any form is not a word
of limitation.

The Easement burdens the land described in
Queensland Land Registry Form 14 and in
accordance with the State Development and
Public Works Organisation Act 1971 and the
process set out in section 6(2) of the
Acquisition of Land Act 1967. The
Coordinator-General is a public utility
provider under the Land Title Act 1994 and
the Land Act 1994. The Easement may be
registered as a public utility easement.

RIGHTS AND OBLIGATIONS OF
EASEMENT HOLDER

The Easement Holder may:

(a) construct, install, repair, maintain,
remove, renew, operate, replace,
clean, clear, add to and alter any
Infrastructure on, in or through the
Easement Area from time to time;

(b) inspect or survey the Easement Area,
or any Infrastructure on it, from time

to time;
(c) undertake mowing, slashing and
vegetation (including without

limitation timber, trees and crops)
control or removal in relation to the
Easement Area from time to time;

(d) break open the soil of the Easement
Area (both on the surface and
subsurface) for the purpose of doing or
getting ready to do any of the other
things that the Easement Holder can
do under the Easement;

(ec) enter, exit and traverse by whatever
means, and remain on (for so long as is
necessary) the Easement Area for the
purpose of doing or getting ready to do
any of the things the Easement Holder
can do under the Easement;

(f) pull down, remove or break open any
fencing or Structure on, in or through
the Easement Area (where the
Easement Holder considers such
action is necessary or desirable for the

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Easement Holder to exercise its rights
under this Easement);

(g) to take anything on to or away from
the Easement Area as is deemed
necessary or desirable by the Easement
Holder to exercise its rights under this
Easement;

(h) do on the Easement Area anything
which in the Easement Holder’s
opinion is necessary or convenient for,
or incidental to, exercising the
Easement Holder’s rights under the
Easement, including, as examples but
without limitation:

(i) stockpiling Infrastructure or items
required by the Easement Holder;

(ii) stockpiling soil dug up on or from
under the Easement Area; and

(iii) temporarily restricting access to the
Easement Area or parts of it, by
whatever means the Easement Holder
thinks fit including fencing off the
Easement Area or parts of it, and
doing other things to provide for the
security of Infrastructure and the
proper exercise of the Easement
Holder’s rights;

(i) discharge water by release, gravitation,
pumping or any other means onto the
Easement Area.

The Easement Holder shall have the right to
authorise, permit or license other parties to
use the Easement Area for all or any of the
purposes as the Easement Holder may do so
under the Easement, and otherwise to
exercise the same rights and powers as the
Easement Holder under the Easement
subject to all the conditions and restrictions
upon such rights as are set out in the
Easement.

In exercising rights and powers under the
Easement, the Easement Holder and/or
persons authorised, permitted or licensed
from time to time by the Easement Holder to
use the Easement Area for the purposes of
the Easement must:

(a) ensure that any work done on the
Easement Area is done properly;