Council archive · source document
Development application part 1 of 2 - IDAS Forms 1, 28 & 6, Covering Letter & DERM Letter Regarding Lease 222 Gympie Terrace, Noosaville · OPW10/2110
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96/004018 Page 4
Harbour Master, such equipment, apparatus and facilities as the Minister may from time to time
consider adequate for the collection, removal or disposal or destruction of any oil, grease, fuel or
oil impregnated water which has accidentally or otherwise discharged or has escaped into the
waters within the leased land.
The lessee shall take all reasonable action to ensure that all vessels attached to moorings within
the boundaries of the leased land shall be moored wholly within such boundaries and that such
vessels or any part/s thereof shall not encroach beyond the boundaries of the leased land.
The lessee shall, at the lessees’ own cost, maintain a depth of water within the leased 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 shall, at the lessees’ own cost, be
responsible for obtaining the relevant statutory approvals required to permit the carrying out of
such dredging and disposal of dredge spoil.
The lessee shall, at the lessees’ own cost, be responsible for the maintenance of order and good
conduct of persons within the leased land and such order and conduct shall be to the satisfaction
of the Minister administering the Land Act 1994.
The lessee shall: within twe ) months, and thereafter at intervals. as requiréd :
Department of Natural Resources, ‘from the commencement of the term, of the lease and tothe the’
satisfaction of the Minister administering the Land Act 1994, provide evidence to the Department of
Natural Resources that all structures, erected on the leased land comply fully with all renee
of any relevant Act or Acts."
Co
et tse
The lessee shall submit to the. ; Department of Natural Resources before any construction work & is
commenced: a* copy of plans, “approved by the Noosa Shire Council and the Department of
Environment of all buildings ‘proposed to be erected on the leased land from time to time.
The lease is not eligible for conversion to freehold tenure in terms of Section 166 of the Land Act
1994.
The lessee shall at all times during the whole of the term of the lease, allow the State and Local
Government free and unrestricted access to from and across the leased land.
The provision of access to the leased land will not be the responsibility of the Local Government or
the State.
(a) The lessee shall and does hereby indemnify and keep indemnified the State against all
damages, losses, costs, and expenses which the State may sustain, expend or be put to by reason
or on account of any neglect or default on the part of the lessee to observe and perform any of the
covenants or agreements on the part of the lessee herein contained or implied.
(b) The lessee shall and does hereby indemnify and keep indemnified the State in respect of any
accident howsoever occurring, other than through the negligent or wilful act or omission of the
State its or their servants or agents, which may occur in connection with the use by the lessee its
agents, employees, invitees, licensees, servants, visitors and the public at large of any part of the
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