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

 

27 November 2009]

QUEENSLAND GOVERNMENT GAZETTE No. 89 979

 

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43

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4,5

notwithstanding any affixation to the
Easement Area, remain the property of the
Easement Holder (unless otherwise
assigned).

Fences

If the Easement Holder pulls down or breaks
open any fencing under the Easement:

(a) the Easement Holder may either repair
the fencing it has pulled down or
broken open or install a gate in place
of that fencing to at least a standard
reasonably equivalent to that of the
fencing before it was pulled down or
broken open;

(b) the owner of the fencing that was
pulled down or broken open will
become the owner of the repaired
fencing or gate; and

(c) that owner must maintain the repaired
fencing or gate.

Stamping and registering of Easement

The Easement Holder must stamp (if
required) and register the Easement and pay
all duty and registration fees on the
Easement,

Mining or petroleum tenement

The Landowner is to use their best
endeavours to give the Easement Holder a
copy of any notification received by the
Landowner in respect of any application for
a mining or petroleum tenement under the
Mineral Resources Act 1989, the Petroleum
Act 1923, the Petroleum and Gas
(Production and Safety) Act 2004 or any
similar or replacement legislation, in respect
of land which includes all or any part of the
Easement Area, within 7 days after the
Landowner receives such notification.

Further assurances

The Landowner will execute every deed,
instrument, assurance or other document
and do all such things as may be necessary
to secure the rights of the Easement Holder
conferred by the Easement as the Easement
Holder may reasonably require, including
(without limitation) obtaining the consent of
any person necessary and producing the title
document for the Easement Area and
executing all documents necessary to give

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6.2

6.3

effect to any proposed assignment, transfer,
encumbrance or other dealing by the
Easement Holder in respect of the Easement
Area,

OTHER PERSONS FOR WHOM
LANDOWNER IS RESPONSIBLE

The Landowner is responsible to ensure that
persons on the Burdened Land or
neighbouring land owned by the Landowner
do not do or omit to do anything that will
cause the Landowner to be in breach of this
Easement.

NOTICE
General

Any notice, demand, certification, process
or other communication given in relation to
the Easement must be in writing in English
and may be signed by an authorised officer
or agent of the party giving the notice.

How to give a communication

A communication may be given by being:

(a) personally delivered;

(b) left at the party’s current address for
notices;

(c) sent to the party’s current address for
notices by pre-paid ordinary mail or, if
the address is outside Australia, by
pre-paid airmail; or

(d) sent by fax to the party’s current fax
number for notices.

Particulars for delivery of notices

The address and facsimile number of the
Easement Holder and Landowner is that
specified below or that which a party
specifies by written notice to the other party
from time to time:

The Easement Holder:

Address: The Coordinator-General

PO Box 15009

Brisbane City East QLD 4002
Fax: (07) 3224 2978
Attention: Executive Director, Land

Acquisition, Department of
Infrastructure and Planning