2022-11-08 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 NOVEMBER 2022




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            8 NOVEMBER 2022

        www.dnrm_qid.gov.au
     4. Noxious plants: The lessee must keep noxious plants on the land under control. If the lessee does not
        comply with this condition, the Minister may bring the noxious plants under control, the cost of which will be
         recovered from the lessee.
     5. Information to Minister: The lessee must give the Minister administering the Land Act 1994, information the
        Minister asks for about the tenure.
     6. Monies for improvements: No money for improvements is payable by the State on the forfeiture,
        cancellation, surrender or expiry of this lease but money may be payable if the State receives payment from
        an incoming lessee or buyer for the improvements on the land. However, the previous lessee may apply to
        the Minister to remove the improvements that belong to the lessee, within a period of 3 months from the date
        of the forfeiture, surrender, or expiry of this lease. The lessee may only undertake the removal of the
        improvements in the presence of an authorised representative of the department, if required by the Minister.
        The lessee may only remove those improvements if all monies due from the lessee to the department under
        this lease have been paid.
    REGULATORY CONDITIONS:
     A regulatory condition relates to a lease, in accordance with the Land Regulation.
     1. Indemnity: The lessee indemnifies and agrees to keep indemnified the Minister, and the State of
        Queensiand and its Representatives, (the "Indemnified parties") against all liability, costs, loss and expenses
        including claims in negligence (including any claims, proceedings or demands bought by any third party, and
        any legal fees, costs and disbursements on a solicitor and client basis) (“Claim”) arising from or incurred in
        connection with:
            a. the granting of this lease to the lessee;
            b. the lessee's use and occupation of the land; or
            ¢. personal injury (including sickness and death) or property damage or loss in connection with the
              performance (or attempted purported performance or non-performance) of the lease or a breach of
              the lease by the lessee.
        The lessee hereby releases and discharges to the full extent permitted by law, the indemnified parties from
        all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage
        (whether personal or property and whether special, direct, indirect or consequential financial loss) arising out
        of the use and occupation of the lease.
        To the full extent permitted by law, the Minister, the State of Queensland and their Representatives will not
        be liable to the lessee for any special, indirect or consequential darmages, including consequential financial
        loss arising out of the use and occupation of the lease.
     2. Public Liability: The lessee must effect a public liability insurance policy with an insurer authorised under
        the Insurance Act 1973 (Commonwealth) or, if not so authorised then only with the Minister's approval, which
        can be given or withheld in the Minister's sole discretion, naming the lessee as the insured covering legal
        liability for any loss of, or damage to any property and for the injury (including death) to any person arising
        out of anything done or omitted on or about the land or any improvements thereon and against all claims,
        demands, proceedings, costs, charges, and expenses whatsoever (including claims in negligence) Such
        policy must:
            a. be for an amount of not less than twenty million dollars ($20,000.000.00) and have no per event
               sublimit or such higher amounts as the Minister may reasonably require.
            b. be effected on a “claims occurring” basis; and
            c. be maintained at all times during the currency of the lease, and upon receipt of any notice of
              cancellation, the lessee must immediately effect another public insurance policy in accordance with
              the terms of the lease.
        The lessee must, as soon as practicable, inform the Minister, in writing, of the occurrence of any event that
        the lessee considers is likely to give rise to a claim under the policy of insurance effected and must ensure ,
        that the Minister is kept fully informed of subsequent actions and developments conceming the claim.
        The lessee must renew such policy, at the lessee’s expense, each year during the currency of this lease.
        The condition will be satisfied if the lessee is the State of Queensland or a statutory authority eligible for
        cover under the Queensland Government Insurance Fund and is insured and continues to be insured by the
        Queensland Government insurance Fund.
        This condition will be satisfied if the lessee is the Commonwealth of Australia or a statutory authority eligible
        for cover under the Comcover Insurance Fund and is insured and continues to be insured by Comcover.
     3. Access: The provision of access, further access or services to the land will not be the responsibility of the
         State.
     4. Survey Costs: If the land needs to be surveyed or re-surveyed the lessee must do this at their own cost
        under the Survey and Mapping Infrastructure Act 2003. This survey plan must be lodged in the land registry
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