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

     5. The lessee must, at the lessees’ expense and to the satisfaction and requirements of the Department of
        Environment and Heritage Protection provide facilities for the disposal and collection ashore of human
       wastes and other litter and dry or wet refuse or waste materials from vessels. The lessee may and if required
        install an external system to enable the connection to vessels of a line through which sewerage may be ;
       pumped to a shore based receival station to enable collection.
     6. The lessee must, at the lessees’ expense, maintain a depth of water within the 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 must, at the lessees’ expense, be responsible for obtaining the relevant statutory approvals
       required to permit the carrying out of such dredging and disposal of dredge spoil .
     Conversion or renewal of the lease
     1. The lessee of this lease is not allowed to make an application for conversion of this lease in terms of the
       Land Act 1994.
     Tidal requirements
     1. The lessee must not in any way interfere with any navigation mark or light erected on the land.
     2. The lessee must, to the satisfaction of the Department of Transport and Main Roads, keep the sight line of
        any navigation leads which cross the land clear of obstructions. However, with the prior approval of the
       Department of Transport and Main Roads, the lessee may make alternative arrangements for relocating any
       of the said leads.
     3. The lessee must supply, install and maintain, al the lessees’ expense, any navigation lights, buoys, marks
        and warning signs which the Department of Transport and Main Roads considers necessary.
     4. All works constructed in, on, over, through or across and below high water mark within the land must be
       maintained in a good and substantial state of repair.
     5. The lessee must at all times take the necessary precautions to ensure that all lights on or above the land are
        shielded to prevent glare or reflection which may interfere with safe navigation of surrounding waterways or
        with reasonable enjoyment of neighbouring properties .
     6. The lessee must not allow any vesse! moored within the land to be used as a permanent place for human
        habitation without the prior approval of the Minister administering the Land Act 1994.
     7. The lessee must, take all reasonable action to ensure that all vessels attached to moorings within the
       boundaries of the land must be moored wholly within such boundaries and that such vessels or any parts
        thereof must not encroach beyond the boundaries of the land
    Other conditions the Minister considers appropriate
     1. The lessee must not carry out or allow to be carried out, any offensive, noxious or noisy occupation or
        business, upon the land, in accordance with Environmental Protection Act 1994.
     2. IMfatany time, maintenance or repair are being conducted on the leased land that will disturb the free use and
        enjoyment of the leased land by the public or will interfere, alter or change any services of gas, water,
       electricity, telephone or any other service, the lessee must before commencing such maintenance or repair,
       obtain the approval of any relevant authority and must carry out such maintenance and repairs, at the
       lessees’ expense and to the requirements and satisfaction of the relevant authorities.           ,
     3. The lease is issued In accordance with the provisions of section 241C of the Native Title Act 19923 (Cth). In
        accordance with section 241C of the Native Title Act 1993, the non-extinguishment principle applies.

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