Development Application - Part 1 of 2 - Covering Letter, IDAS Forms 1, 6, 28 & Letter from Dept of Natural Resource & Dept of Transport · OPW11/0301

                                                                                  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.


C332   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.


C333   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.


C334   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.


Di     The lessee shall within twelve , (t 2) months, and thereafter at intervals as required b y-` tfie
       Department of Natural Resources,. from the commencement of the term of the lease and to the
       satisfaction of the Minister administering the Land Act 1994, provide evidence to the Department of
       Nat'yal Resources that all structures erected on the leased land comply fully with all requirements
       of any relevant Act or Acts.


0177   The lessee shall submit to the Department of Natural Resources before any construction work is
       commenced a copy of plan§approved by the Noosa Shire Council and the Department of
       Environment of all buildings pro;posed to be erected on the leased land from time to time.


G42    The lease is not eligible for conversion to freehold tenure in terms of Section 166 of the Land Act
       1994.


H111   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.


H115   The provision of access to the leased land will not be the responsibility of the Local Government or
       the State.


148    (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 indemnity 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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