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

980

QUEENSLAND GOVERNMENT GAZETTE No. 89

[27 November 2009

 

7A

7.2

73

8.1

8.2

The address and facsimile
notified to the Coordinator-
General and in the absence
of such notice, the address
of the Burdened Land.

Landowner:

EASEMENT HOLDER’S CONSENT

Subject to clause 7.2, the Easement Holder
may conditionally or unconditionally give or
withhold any consent to be given under the
Easement and is not obliged to give reasons
for doing so.

The Easement Holder will not unreasonably
refuse or withhold its consent to the
Landowner:

(a) maintaining any existing road across
the Easement Area; and

(b) subject to clause 7.3, erecting and
maintaining any fence across the
Easement Area if:

(i) each fence includes a lockable gate
in a location agreed with the
Easement Holder; and

(ii) _ the gate is secured by interlocking
padlocks, The Landowner and the
Easement Holder are each
responsible for installing their own
lock to the gate.

It will be reasonable for the Easement
Holder to refuse or withhold its consent if
the actions of the Landowner are, in the
Easement Holder’s opinion, likely to
jeopardise the safety, security or operation
of, or interfere with the Infrastructure or
restrict the Easement Holder’s access or
other rights under the Easement along or
across the Easement Area.

SEVERABILITY

Subject to clause 8.2, if a provision of the
Easement is illegal or unenforceable in any
relevant jurisdiction, it may be severed for
the purposes of that jurisdiction without
affecting the enforceability of the other
provisions of the Easement.

Clause 8.1 does not apply if severing the
provision materially alters the scope and
nature of the Easement or the relative
commercial or financial positions of the

parties, or would be contrary to public
policy.

INDEMNITY FOR LANDOWNER

The Easement Holder indemnifies the
Landowner including any successors in title
to the Burdened Land, against all actions,
suits, proceedings, demands, claims, losses,
damages, costs and expenses, excluding any
indirect or consequential loss (“Claims”)
arising from:

(a) any breach by the Easement Holder of the
terms of the Easement; and

(b) any act or omission of the Easement
Holder in the exercise of its rights under
the Easement;

except to the extent that any Claims are:

10.

10.1

(c) caused; or

(d) contributed to (but only to the extent of
that contribution),

by the act or omission of the Landowner or
its employees, officers, agents or
contractors.

INDEMNITY FOR THE EASEMENT
HOLDER

The Landowner must indemnify and release
the Easement Holder from any claim, action,
loss, expense, proceeding or liability by the
Landowner or anyone else arising from:

(a) abreach by the Landowner of this
Easement; or

(b) the Landowner's negligence,

except to the extent that the claim, action, loss,

expense, proceeding or liability is a direct result

(i) a breach by the Easement Holder
of this Easement; or

(ii) the Easement Holder's negligence.

11. GOVERNING LAW
The laws of The Queensland govern this
document.
12, GST
12.1 Interpretation