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Attachment 10 - Infrastructure Agreement DRAFT
NOOSA SHIRE COUNCIL
OZCARE ACN 072 422 925
INFRASTRUCTURE DEED IN RESPECT OF CONSTRUCTION OF ACCESS
TRACK CROSSING, MAINTENANCE OF VEGETATION BUFFER ZONE AND
ACCESS TRACK (INCLUDING CROSSING) FOR THE GIRAWEEN NATURE
REFUGE AND THE AGED CARE FACILITY
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CONTENTS
1. INTERPRETATION 3
1.1 Nature of Deed........................................................................................ 3
1.2 Commencement...................................................................................... 3
1.3 Interpretation ........................................................................................... 3
1.4 Definitions ............................................................................................... 4
1.5 Other Expressions .................................................................................. 5
1.6 Rights and Obligations ............................................................................ 6
2. INFRASTRUCTURE DEED 6
2.1 Application of Act .................................................................................... 6
2.2 Warranty of Ownership ........................................................................... 6
2.3 Deed to bind successors in title ............................................................... 6
2.4 Deed conditional upon approval of Development Application .................. 6
3. INFRASTRUCTURE CONTRIBUTION 6
3.1 Infrastructure Agreement overrides Development Permit ........................ 6
3.2 Infrastructure Contribution ....................................................................... 6
4. GOODS AND SERVICES TAX 7
5. RECONFIGURATION OF THE SUBJECT SITE 7
5.1 Reconfiguring and compliance ................................................................ 7
5.2 Reconfiguring and non-compliance ......................................................... 7
6. SERVICE 7
6.1 Service by prepaid post........................................................................... 7
6.2 Deemed service ...................................................................................... 7
6.3 Proof of service ....................................................................................... 7
6.4 Form of Notice ........................................................................................ 7
7. MISCELLANEOUS 8
7.1 Payment of costs .................................................................................... 8
7.2 Time ........................................................................................................ 8
7.3 Place for payment of monies ................................................................... 8
7.4 Waiver..................................................................................................... 8
7.5 Laches and delay .................................................................................... 8
7.6 Severance............................................................................................... 8
7.7 Warranty of authority ............................................................................... 8
7.8 Further assurances ................................................................................. 8
7.9 Amendment of deed ................................................................................ 9
SCHEDULE 1 10
EXECUTED AS A DEED 11
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THIS DEED is made on the date stated in item 1.
BETWEEN The Council
AND the Owner
RECITALS
A The owner has obtained various approvals (21675 DA) in order to construct and
operate an aged care facility on the Subject Site.
B The owner has also obtained an approval (RM2022/09056 dated 7 June 2022 and
see also RM2020/53583 dated 7 October 2020) for the clearing of vegetation for a
buffer zone for fire mitigation and an access track on the Council Land. The owner
has agreed to undertake the following on the Council Land for the period that the
aged care facility is being operated on the Subject Site and on the terms set out in
this deed:
(i) construct the access track crossing, refer to drawings STP21-1452 C100A,
C101A, C301A, C302A dated 8 February 2022 prepared by STP
Consultants;
(ii) maintain the access track (including crossing); and
(iii) maintain the vegetation buffer zone along the north-eastern and south-
eastern boundary of the Subject Site, refer to RM2022/09056 dated 7 June
2022 and see also RM2020/53583 dated 7 October 2020:
(a) north-eastern boundary: maximum total width of 20m comprising
15m as a fire access trail / fuel free zone width and 5m fuel
reduction zone width;
(b) south-eastern boundary: maximum total width of 15m comprising a
15m fuel free zone width.
IT IS AGREED
1. INTERPRETATION
1.1 Nature of Deed
This deed accords with Clause 2.
1.2 Commencement
This deed commences on the Commencement Date.
1.3 Interpretation
(a) In this deed, unless a contrary intention appears, reference to:
(i) a clause is to a clause in this deed; and
(ii) the singular includes the plural and vice versa; and
(iii) any gender includes all other genders; and
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(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and
(v) legislation (including subordinate legislation) includes:
(A) statutory instruments under the legislation; and
(B) consolidations, amendments, re-enactments or
replacements of the legislation; and
(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile
transmission; and
(vii) this or any other deed includes the deed as varied or replaced and
is not affected by any change in the identity of the parties; and
(viii) a day is a Calendar Day
(b) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.
(c) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.
(d) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.
(e) All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.
(f) Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council’s Planning Scheme.
1.4 Definitions
In this deed:
“Act” means the Planning Act 2016 (the “Act”).
“Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act
1954 (Qld).
“Chief Executive Officer” means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.
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“Commencement Date” means the date when this deed commences being the date
when the last party executes this deed
“Council” means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.
“Council Land” means the land described in item 7 of Schedule 1.
“development” has the meaning given in the Act.
“Infrastructure Contribution” mean the maintenance contribution required under
clause 3.2.
“local government” has the meaning given in the Local Government Act 2009.
“local government area” has the meaning given in the Local Government Act 2009.
“lot” has the meaning given in the Act.
“Notice” means any certificate, demand or notice to be made, given or served by a
party under this deed.
“owner” has the meaning given in the Act and is the person described in item 4 of
Schedule 1 and includes:
(a) successors and permitted assigns in the case of a corporation, association
or other body whether incorporated or not; and
(b) executors, administrators and permitted assigns in the case of a natural
person.
“Planning Scheme” means the planning scheme of the Council applicable for the
Subject Site.
“Special Conditions” means the conditions specified in item 6 of Schedule 1 with
which the Owner must comply.
“Subject Site” means the land described in item 5 of Schedule 1 and includes:
(a) any interest or estate in, on, over or under the land; and
(b) the airspace above the surface of the land and any estate or interest in the
land; and
(c) the subsoil of the land and any estate or interest in the subsoil; and
(d) any part or parts of the land; and
(e) any estate or interest created in respect of any of the above matters.
“use” has the meaning given in the Act.
1.5 Other Expressions
If a term is not defined in this Deed it shall unless the context otherwise requires,
have the meaning given to it by:
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(a) the Act; or
(b) the Macquarie Dictionary in the absence of a definition in the Act.
1.6 Rights and Obligations
Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.
2. INFRASTRUCTURE DEED
2.1 Application of Act
This Deed constitutes an infrastructure agreement under the Act.
2.2 Warranty of Ownership
The owner warrants that, at the time of signing this agreement, it is the owner of the
land.
2.3 Deed to bind successors in title
The owner consents to the obligations under this Deed being attached to the Subject
Site and binding on the owner and the owner’s successors in title in accordance with
Section 155 (When infrastructure agreements bind successors in title) of the Act.
2.4 Deed conditional upon approval of Development Application
This Deed is conditional upon the approval of the owner’s request for a minor change
in respect of the development on the Subject Site.
3. INFRASTRUCTURE CONTRIBUTION
3.1 Infrastructure Agreement overrides Development Permit
This Deed applies to the extent of any inconsistency with any development permit
and the Infrastructure Contribution payable hereunder is in addition to any conditions
of, or payments required by, any development permit and/or any infrastructure
charges notice given in respect of the development.
3.2 Infrastructure Contribution
On and from satisfaction of clause 1.10, but only while the aged care facility is being
operated on the Subject Site, the owner must at its cost:
(a) construct the access track crossing, refer to drawings STP21-1452 C100A,
C101A, C301A, C302A dated 8 February 2022 prepared by STP
Consultants;
(b) maintain the access track (including crossing) constructed in accordance
with clause 1.12(a); and
(c) maintain the vegetation buffer zone along the north-eastern and south-
eastern boundary of the Subject Site, refer to RM2022/09056 dated 7 June
2022 (and see also RM2020/53583 dated 7 October 2020):
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(i) north-eastern boundary: maximum total width of 20m comprising
15m as a fire access trail / fuel free zone width and 5m fuel
reduction zone width;
(ii) south-eastern boundary: maximum total width of 15m comprising a
15m fuel free zone width.
The Council authorises the owner to access the Council Land to carry out the
Infrastructure Contribution.
4. GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local
government will be GST free. Accordingly, no component for GST is included in this
Infrastructure Contribution.
5. RECONFIGURATION OF THE SUBJECT SITE
5.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have been satisfied, then this Deed no longer remains attached to
the reconfigured lots and the owner’s successors in title are not bound by this deed.
5.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have not been satisfied, this Deed remains attached to the
reconfigured lots and the owner’s successors in title remain bound by this deed.
6. SERVICE
6.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where there
are more persons than one person comprising the other party) at the address of that
party specified in Schedule 1.
6.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
6.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief Executive
Officer.
6.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
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(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
7. MISCELLANEOUS
7.1 Payment of costs
The owner shall pay the Council’s legal costs of and incidental to the preparation and
execution of this Deed on a solicitor own client basis.
7.2 Time
Time is, in all cases, of the essence.
7.3 Place for payment of monies
All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.
7.4 Waiver
No waiver by the Council of any breach by the owner of any of the provisions of this
Deed shall be implied against the Council or be otherwise effective unless it is in
writing under the hand of the Chief Executive Officer.
7.5 Laches and delay
No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.
7.6 Severance
If any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.
7.7 Warranty of authority
Any person signing this Deed:
(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and
(b) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
this deed in that capacity.
7.8 Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect to
this Deed.
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7.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect
unless:
(i) it is in the form of an amendment Deed and has been signed by the
parties; and
(ii) where relevant the amendment Deed complies with the
requirements of the Act.
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SCHEDULE 1
Deed Details
ITEM 1 Date The Commencement Date
ITEM 2 Name of Deed Infrastructure Deed in respect of
construction of access track crossing,
maintenance of vegetation buffer zone and
access track (including crossing) for the
Giraween nature refuge and the aged care
facility
ITEM 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin QLD 4565
ITEM 4 owner Ozcare
ACN 072 422 925
66 River Terrace
Kangaroo Point QLD 4169
ITEM 5 Subject Site Lot 9 on RP225312, title reference 17299066
ITEM 6 Special Conditions nil
ITEM 7 Council Land Lot 1 on SP239726, title reference 50928874
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EXECUTED AS A DEED
This deed dated this day of 2022
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the
provisions of the Local Government Act 2009
(“Council”)
AND OZCARE ACN 072 422 925
(“the owner”)
SIGNED SEALED AND DELIVERED by the )
delegated officer for and on behalf of the )
NOOSA SHIRE COUNCIL ) Signature
)
) Name
)
)
) Dated
EXECUTED by the Owner OZCARE ACN 072 )
422 925 by its authorised signatory: )
)
) Signature of Authorised Signatory
)
)
) Name of Authorised Signatory
)
)
) Date
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OZCARE NOOSA HEADS - BANKSIA WING REDEVELOPMENT
80 COOYAR STREET NOOSA HEADS 456
LOT ON RP225 12
SURVEY INFORMATION
MH
MH
H
MH
IN ASSOCIATION WITH: Client Design MCW Scale Certified
ENRICH ARCHITECTURE Offices in:
Townsville Ph: (07) 3539 8350 Drawn HJD
Project
OZCARE NOOSA HEADS - BANKSIA WING REDEVELOPMENT Brisbane Ph: (07) 3539 8300 Date JAN 2022 1:200 0 2 4 6 8 10 m Job No. Drawing No. Revision
Cairns Ph: (07) 3539 8380 THIS DRAWING IS COPYRIGHT ©
A FOR COORDINATION HJD KEM 08.02.22 Title Mackay Ph: (07) 3539 8390 Checked KEM ORIGINAL DRAWING IS A1 SIZE. DO NOT SCALE.
Rev Description By Appd Date FACE SHEET Certified KEM THIS DRAWING IS NOT TO BE USED FOR
CONSTRUCTION UNLESS THE APPROVED
Amendments
www.stpconsultants.com.au
RPEQ No. 09053 SIGNATURE HAS BEEN ADDED.
NOT FOR CONSTRUCTION
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IN ASSOCIATION WITH: Client Design MCW Scale Certified
ENRICH ARCHITECTURE Offices in:
Townsville Ph: (07) 3539 8350 Drawn HJD
Project
OZCARE NOOSA HEADS - BANKSIA WING REDEVELOPMENT Brisbane Ph: (07) 3539 8300 Date JAN 2022 Job No. Drawing No. Revision
Cairns Ph: (07) 3539 8380 THIS DRAWING IS COPYRIGHT ©
A FOR COORDINATION HJD KEM 08.02.22 Title Mackay Ph: (07) 3539 8390 Checked KEM ORIGINAL DRAWING IS A1 SIZE. DO NOT SCALE.
Rev Description By Appd Date PROJECT NOTES Certified KEM THIS DRAWING IS NOT TO BE USED FOR
CONSTRUCTION UNLESS THE APPROVED
Amendments
www.stpconsultants.com.au
RPEQ No. 09053 SIGNATURE HAS BEEN ADDED.
NOT FOR CONSTRUCTION
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EXISTING SERVICES EXISTING LEVELS
IN ASSOCIATION WITH: Client Design MCW Scale Certified
ENRICH ARCHITECTURE Offices in:
Townsville Ph: (07) 3539 8350 Drawn HJD
Project
OZCARE NOOSA HEADS - BANKSIA WING REDEVELOPMENT Brisbane Ph: (07) 3539 8300 Date JAN 2022 1:50 0 0.5 1 1.5 2 2.5 m Job No. Drawing No. Revision
Cairns Ph: (07) 3539 8380 THIS DRAWING IS COPYRIGHT ©
A FOR COORDINATION HJD KEM 08.02.22 Title Mackay Ph: (07) 3539 8390 Checked KEM ORIGINAL DRAWING IS A1 SIZE. DO NOT SCALE.
Rev Description By Appd Date FINISHED LEVELS & PAVEMENT LAYOUT PLAN Certified KEM THIS DRAWING IS NOT TO BE USED FOR
CONSTRUCTION UNLESS THE APPROVED
Amendments
www.stpconsultants.com.au
RPEQ No. 09053 SIGNATURE HAS BEEN ADDED.
NOT FOR CONSTRUCTION
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IN ASSOCIATION WITH: Client Design MCW Scale Certified
ENRICH ARCHITECTURE Offices in:
Townsville Ph: (07) 3539 8350 Drawn HJD
Project
OZCARE NOOSA HEADS - BANKSIA WING REDEVELOPMENT Brisbane Ph: (07) 3539 8300 Date JAN 2022 1:20 0 0.2 0.4 0.6 0.8 1.0 m Job No. Drawing No. Revision
Cairns Ph: (07) 3539 8380 THIS DRAWING IS COPYRIGHT ©
A FOR COORDINATION HJD KEM 08.02.22 Title Mackay Ph: (07) 3539 8390 Checked KEM ORIGINAL DRAWING IS A1 SIZE. DO NOT SCALE.
Rev Description By Appd Date SITE SECTIONS Certified KEM THIS DRAWING IS NOT TO BE USED FOR
CONSTRUCTION UNLESS THE APPROVED
Amendments
www.stpconsultants.com.au
RPEQ No. 09053 SIGNATURE HAS BEEN ADDED.
NOT FOR CONSTRUCTION
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Officer Name: Michael Lyons
Officer Email: [email protected]
Phone No: 07 5329 6500
CRM No: RM2020/53583
7 October 2020
Anna Gorgijeski
66 River Terrace
Kangaroo Point QLD 4169
Dear Anna,
RE: Request for approval to remove vegetation for Fire Mitigation
Further to your request for approval to undertake work to remove specified vegetation to
20m along the North-eastern boundary and 15m along the south-eastern boundary, I am
advising the results of the inspection and assessment undertaken by council’s
Assessment Officer.
Approval for removal of the vegetation for fire mitigation will be granted, subject to
conditions, and upon receipt of further information and payment of an application fee and
a bond. Particulars contained in this letter are for your information only - this letter does
not grant approval.
The following conditions will be applied:
1. Payment of an application fee of $187.00 and a bond of $643 to be made at our
Customer Service Counter located at level 1, 9 Pelican Street, Tewantin. Please
note that return of the bond will be subject to an inspection of the site after
completion of works and the inspection may take up to 10 working days from date
customer advises completion of the works.
2. Contractors that are engaged to undertake tree removal are required to be trained to
AQF Level 3 in Arboriculture or equivalent recognised and with relevant experience.
3. Contractors must hold Public Liability Insurance in the sum of $20 million.
4. A Dial Before You Dig must be obtained; this can be done online at
https://www.1100.com.au/ and evidence provided that the tree works will not
interfere with existing underground services.
5. Residents who may be affected by the removal of the tree must be notified of the
work at least three days in advance.
6. All debris associated with the removal must be removed from the site.
7. Traffic and pedestrian access and management is the responsibility of the
contractor/client.
8. Work must be undertaken and completed within 28 days of receipt of approval.
9. If required, stumps must be ground to specifications.
10. Applicant is to submit on behalf of the contractor WH&S Risk Assessment form,
identifying hazards and relevant control measures prior to commencement.
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To further your request, please complete and return to council:
• Payment of the application fee and bond required; and
Your application will be processed within 10 business days.
Please note – if your completed application form with payment of the application fee and
bond is not received within three (3) months of the date of this letter, your request will
lapse and be closed. If you require further time to complete your application, please
advise Council within the three month timeframe.
Should you wish to discuss this issue further, please do not hesitate to contact Council’s
Parks team at [email protected] Please quote RM2020/53583 for any future
communication regarding this matter.
Yours faithfully,
Michael Lyons
Environment and Sustainable Development
Technical Officer – Natural Areas I Noosa Council
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Noosa National Park
Girraween Nature Refuge
1
ProE yer!