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SALES PERMIT Xxx for GETTING QUARRY MATERIAL [ENTER PERMITTEE NAME]

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SALES PERMIT Xxx for GETTING QUARRY MATERIAL [ENTER PERMITTEE NAME] DRAFT FOR DISCUSSION PURPOSES ONLY – SUBJECT TO CONTRACT SALES PERMIT xxx FOR GETTING QUARRY MATERIAL [ENTER PERMITTEE NAME] (ACN xx) Department of Agriculture and Fisheries GPO Box 46 Brisbane QLD 4001 Australia 1 SALES PERMIT xxx FOR THE GETTING OF QUARRY MATERIAL GRANTED BY: THE STATE OF QUEENSLAND as represented by the Chief Executive, Department of Agriculture and Fisheries (ABN 66 934 348 189) of Level 6, 80 Ann Street, Brisbane, Queensland 4000 (“the Chief Executive”). TO: [ENTER PERMITTEE NAME] (ACN xxxx) of [ADDRESS] (“You”). BACKGROUND: A. Reference Sale Offer 01/2017, the Chief Executive sought proposals to purchase State owned quarry material, under the provisions of the Forestry Act 1959, from part of Lot 7 on Plan CNS295, which is also known as Luxor Quarry. B. The Chief Executive has granted You this Sales Permit under sections 46 and 56 of the Forestry Act 1959 (‘the Act’), by which the Chief Executive agrees to sell and You agree to purchase Quarry Material in accordance with the terms and conditions of this Sales Permit and the Act. 2 TABLE OF CONTENTS 1. PERMIT 1 No Warranty ................................................................................................. 1 2. COMMENCEMENT AND TERM 1 3. APPROVALS AND COMMENCEMENT OF QUARRYING OPERATIONS 1 4. MEASURING AND DECLARATION OF QUARRY MATERIAL 2 Requirement to Survey .............................................................................. 2 Measuring Procedure ................................................................................. 2 Periodic Declarations ................................................................................. 3 Removal Dockets and Other Records ..................................................... 3 Production of Removal Dockets ............................................................... 4 Blast Report ................................................................................................. 4 Documented Procedures ........................................................................... 4 Records ........................................................................................................ 4 5. VALUES PAYABLE FOR QUARRY MATERIAL 4 Value Reviews ............................................................................................. 5 6. COVER OF ACCOUNT 5 Provision of a Cover of Account ............................................................... 5 Obligation to maintain level of Cover of Account ................................... 6 Review and Increase in Cover of Account .............................................. 6 Return of Cover of Account ....................................................................... 6 7. ACCOUNTS 6 Seizure of Quarry Material ........................................................................ 6 8. MINIMUM AMOUNT 7 9. ENTIRE AGREEMENT 7 10. DAMAGE 7 11. ACCESS ROADS AND ROAD USE 7 12. AMENDMENT AND VARIATION 7 13. APPLICABLE LAW 8 14. ASSIGNMENT 8 15. ABORIGINAL CULTURAL HERITAGE 8 16. CONFIDENTIAL INFORMATION 9 17. DISPUTE RESOLUTION 9 18. EXERCISE OF DISCRETION 10 19. FIRES 10 20. FORCE MAJEURE 10 21. RELEASE AND INDEMNITY 10 22. USE OF SUPPLY ZONE 11 23. MECHANICAL EQUIPMENT 11 24. NOTICES 12 25. PASSING OF OWNERSHIP 12 26. INSURANCE 12 27. QUARRY PLAN AND OTHER AUTHORITIES 13 Quarry Management Plan ....................................................................... 13 Legislation and other Authorities ............................................................ 14 28. REMOVAL OF OPERATORS 14 29. RIGHTS OF ENTRY AND MANAGEMENT OF PUBLIC ACCESS 14 30. GST 14 31. SEVERANCE 15 i 32. SUSPENSION AND TERMINATION 15 33. WAIVER 16 34. NATIVE TITLE ASSESSMENT 16 SCHEDULE 1 – DEFINITIONS AND INTERPRETATION ........................................... 19 SCHEDULE 2 – SAFETY CONDITIONS .......................................................................... 23 SCHEDULE 3 – MAP OF SUPPLY ZONE ........................................................................ 26 SCHEDULE 4 – CONTACT AND ADDRESS FOR NOTICES ....................................... 27 ii 1. PERMIT 1.1 This Sales Permit authorises You to Get All Available Quarry Material (‘the Sale Quantity’) from the Supply Zone, in accordance with the Act and the terms and conditions of this Sales Permit. No Warranty 1.2 To the extent permitted by law, the Chief Executive does not give any warranty in respect of: (a) the type, quality, or quantity of Quarry Material the subject of this Sales Permit; and (b) access to the Supply Zone and the Quarry Material, and You agree that You have entered into this Permit having conducted Your own investigations and at Your own risk. 1.3 The grant of this Sales Permit does not constitute a representation or warranty that any extension, renewal or variation of this Sales Permit will be agreed to by the Chief Executive. Any such extension, renewal or variation will be made at the discretion of the Chief Executive and subject to applicable laws. 2. COMMENCEMENT AND TERM 2.1 This Sales Permit commences on the Commencement Date and, unless terminated earlier by agreement between the parties, or otherwise in accordance with the terms of this Sales Permit, will expire on the Expiry Date. 2.2 The Chief Executive may, in his or her absolute discretion, extend this Sales Permit by notice in writing, for any term and on any conditions the Chief Executive thinks fit, provided You make a written request for an extension not less than 12 months prior to the Expiry Date. 3. APPROVALS AND COMMENCEMENT OF QUARRYING OPERATIONS 3.1 Within one (1) year of the Commencement Date You must: (a) obtain the following approvals and permits, as required for Your Quarrying Operations: (i) Development Approval under the Sustainable Planning Act 2009 or the State Development and Public Works Organisation Act 1971, as applicable; (ii) any permits required under the Environment Protection and Biodiversity Conservation Act 1999 (Cth); and (iii) any other approval, permit or other authority required to be obtained under Commonwealth, State or local laws, for the Quarrying Operations; and (b) in respect of the Development Approval required under clause 3.1(a)(i), provide to the Chief Executive a copy of the Development Approval; and (c) in respect of any other permits and approvals required under clause 3.1(a), notify the Chief Executive in writing that You hold such approvals and permits, or; (d) provide written evidence to the Chief Executive’s satisfaction, at his or her sole discretion, that a particular approval, permit, or other authority is not required. 3.2 If You do not comply with clause 3.1, the Chief Executive may do either of the following, in his or her sole discretion, by notice in writing: (a) terminate this Sales Permit; or (b) agree to grant an extension of time for You to comply with clause 3.1. Sales Permit xxxxxxxxx [permittee name] (Updated 05/07/2016) Page 1 3.3 It is a matter for You to seek the Chief Executive’s written approval to grant an extension of time under clause 3.2(b). You must provide any and all documents and/or evidence the Chief Executive considers reasonably necessary to facilitate his or her decision under clause 3.2(b). 3.4 Quarrying Operations must not commence (or recommence, as the case may be) until You have done the following: (a) complied with clause 3.1; (b) had Your Quarry Operations Plan approved in writing by the Chief Executive; (d) provided the Chief Executive with the Cover of Account as required under clause 6; (f) provided the Chief Executive with a copy of Your Terrain Survey as required under clause 4.1; and (g) provided the Chief Executive with evidence of the insurances required under clause 26. 4. MEASURING AND DECLARATION OF QUARRY MATERIAL Requirement to Survey 4.1 You must engage a Registered Surveyor to complete a Terrain Survey of the Operational Area or the Supply Zone (as directed by the Chief Executive), prior to the commencement of Quarrying Operations. The results of this survey must be supplied to the Chief Executive, and must include details of: (a) the estimated quantity of available Quarry Material on the surveyed area in Cubic Metres and Tonnes; and (b) the contours, at not more than one (1) metre intervals, of the surveyed area, on the Survey Map; and (c) the boundaries of the surveyed area on the Survey Map, how these are permanently marked on the ground and the location of the Access Road/s on the Survey Map. 4.2 You must engage a Registered Surveyor: (a) to undertake a Quantity Survey of the Operational Area and/or the Supply Zone (as requested), by 31 July of each year, to quantify the quantity of Quarry Material actually removed by You in the previous 12 month period ending 30 June, or other period as requested by the Chief Executive; (b) provide the Chief Executive with a copy of the Quantity Survey and associated report by 10 August of each year or as otherwise specified in writing by the Chief Executive; and (c) retain the survey data used by Your Registered Surveyor and, when requested by the Chief Executive, provide this survey and associated data to the Chief Executive within 7 days of the request. Measuring Procedure 4.3 To determine the quantity of Quarry Material removed from the Supply Zone in Tonnes You must use either: (a) Volumetric Truck Count; (b) a Scale Equipped Loader Bucket; (c) Other Scale Equipment; (d) A Weighbridge; (e) Volumetric Loader Bucket; or Sales Permit xxxxxxxxx [permittee name] (Updated 05/07/2016) Page 2 (f) Other Approved Measuring Method, however You must first obtain
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