Queensland Government Gazette
PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 1 November 2013
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Queensland Government Gazette Extraordinary PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 25 October 2013 [No. 45
Sustainable Planning Act 2009 NOTICE OF THE MAKING OF AN AMENDMENT TO THE STANDARD PLANNING SCHEME PROVISIONS I, the Honourable Jeff Seeney MP, Deputy Premier and Minister for State Development, Infrastructure and Planning do hereby notify under section 64 of the Sustainable Planning Act 2009 that an amendment to the standard planning scheme provisions under section 70 of the Act was made on 23 October 2013. This will take effect on 25 October 2013. The amended standard planning scheme provisions may be cited as the Queensland Planning Provisions version 3.0 (the QPP). Copies of the QPP are available from the Department of State Development, Infrastructure and Planning, shop front, ground floor, 63 George Street, Brisbane, or online at www.dsdip.qld.gov.au. For further information, please phone 13QGOV (137468) or email [email protected]. Jeff Seeney MP Deputy Premier and Minister for State Development, Infrastructure and Planning
© The State of Queensland 2013 Copyright protects this publication. Except for purposes permitted by the Copyright Act, reproduction by whatever means is prohibited without prior written permission. Inquiries should be addressed to: Gazette Advertising, GPO Box 2457, Brisbane QLD 4001. ______BRISBANE 25 October 2013 270 QUEENSLAND GOVERNMENT GAZETTE No. 45 [25 October 2013
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Queensland Government Gazette Natural Resources and Mines PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 1 November 2013 [No. 46
Land Act 1994 you would like to be consulted if this issue becomes the CHANGING TENURES OF PORT LANDS subject of an access request under the Right to Information ORDER (No 02) 2013 Act 2009. Short title Plans 1. This order in council may be cited as the Changing Tenures 4. Inspection of the plans of the proposed road closures of Port Lands Order (No 02) 2013. may be made at- Changing Tenures of Port Lands [s.504 of the Act] (a) the Department of Natural Resources and Mines 2. The area of land described in the Schedule which was vested Offices at Cairns, Innisfail, Bundaberg, Roma, in the Cairns Port Authority has been surrendered to the State and Mackay and Atherton; and is to be reallocated as a reserve for community purposes in terms (b) the Local Government Offices of Cairns Regional, of the Act. Cassowary Coast Regional, Bundaberg Regional, SCHEDULE Maranoa Regional, Whitsunday Regional and Description of land Tablelands Regional; North Region, Cairns Office for a particular plan in that district or that local government Lot 113 on SP132560, parish of Cairns area. Area SCHEDULE 3024 m2 PERMANENT CLOSURE ENDNOTES North Region, Cairns Office 1. Made by the Governor in Council on 31 October 2013. 1 An area of about 1070 m2 being part of Patience Street 2. Published in the Gazette on 1 November 2013. separating Lot 1 on C198202 from Lot 4 on RP744008 and 3. Not required to be laid before the Legislative Assembly. Lot 5 on RP722608 (parish of Cairns, locality of Manoora) 4. The administering agency is the Department of Natural and shown as plan of Lot A, proposed permanent road Resources and Mines. closure on Drawing CNS13/008A. (2012/007511) 5. File Reference - 2009/008546 North Region, Innisfail Office 2 An area of about 1.81 ha being part of Bluff Road Land Act 1994 abutting Lot 3 on SP131213 (parish of Meunga, locality of OBJECTIONS TO PROPOSED ROAD CLOSURE Bilyana) and shown as plan of Lot A, proposed permanent NOTICE (No 42) 2013 road closure on Drawing CNS13/068. (2013/005006) Short title South Region, Bundaberg Office 1. This notice may be cited as the Objections to Proposed 3 Areas totalling about 87.8 ha being part of Streeters Road Closure Notice (No 42) 2013. Road intersecting Lot 10 on YL1056 (parish of Borilla, Application for road closure [s.100 of the Act] locality of Molangul) and shown as Parts A and B, road 2. Applications have been made for the permanent and proposed to be permanently closed on Drawing 13/199. temporary closure of the roads mentioned in the Schedule. (2013/005443) Objections *4 An area of about 22.8 ha being part of the unnamed 3.(1) An objection (in writing) to a proposed road closure road abutting the western boundary of Lot 10 on YL1056 and mentioned in the Schedule may be lodged with the Regional intersecting Lot 10 on YL1056 (parish of Borilla, locality of Service Director, Department of Natural Resources and Molangul) and shown as road proposed to be permanently Mines, at the regional office for the region in which the closed on Drawing 13/200. (2013/005432) road is situated. 5 An area of about 23.5 ha being part of the unnamed road (2) Latest day for lodgement of objections is intersecting Lot 24 on YL54 (parish of Molangul, locality of 12 December 2013. Molangul) and shown as road proposed to be permanently (3) Any objections received may be viewed by other closed on Drawing 13/195. (2013/005447) parties interested in the proposed road closure under the South Region, Roma Office provisions of the Right to Information Act 2009. If you lodge *6 An area of about 7.8 ha being part of Myall Downs an objection, please include in your objection letter whether Road within Lot 5 on AB223 (parish of Roughlie, locality of 272 QUEENSLAND GOVERNMENT GAZETTE No. 46 [1 November 2013
Durham Downs) and shown as road to be closed on Drawing conditional consent letter (together with conditions of DD2013/171. (2013/004952) use) given under Clause 6 by QETC on 13 April 2012 TEMPORARY CLOSURE and includes any other changes subsequently approved Central Region, Mackay Office in writing by QETC. 7 An area of about 6.19 ha being part of the road abutting 1.3 “Date of this Easement” means the date of the gazette the southern boundary of Lot 115 on SP185967 (parish of resumption notice. Crystalbrook, locality of Crystal Brook) and shown as plan 1.4 “Easement” means the rights obtained from the Owner of (proposed) Lot A, temporarily closed road on Drawing by QETC including but not limited to the terms and 13/524A/CEN. (2013/002123) conditions contained in this Schedule. 8 An area of about 1.59 ha being part of the road abutting 1.5 “Easement Land” means that portion of the Owner’s the southern boundary of Lot 116 on SP185967 (parish of land over which this Easement is obtained. Crystalbrook, locality of Crystal Brook) and shown as plan 1.6 “Owner” means the Registered Proprietor together of (proposed) Lot B, temporarily closed road on Drawing with its successors, successors in title and assigns. 13/524A/CEN. (2013/002129) Where the term appears in Clauses 3, 4, 5, 6 and 8 it 9 An area of about 3.20 ha being part of the road abutting includes the servants, agents, employees, workmen the northern boundary of Lot 6 on RP897217 (parish of and contractors of the Owner and other persons Crystalbrook, locality of Crystal Brook) and shown as plan authorised by the Owner to use or enter upon the of (proposed) Lot C, temporarily closed road on Drawing Easement Land. 13/524A/CEN. (2013/003577) 1.7 “QETC” means the Queensland Electricity North Region, Atherton Office Transmission Corporation Limited, together with 10 An area of about 1.84 ha being part of Sabin Road East its successors and assigns and others authorised by abutting Lot 190 on RP749629 (parish of Tinaroo, locality of it. Where the context permits, the term includes the Mareeba) and shown as plan of Lot B, proposed temporary servants, agents, employees, workmen, linesmen, road closure on Drawing TSV2013-68. (2013/005079) contractors of QETC and other persons authorised by *The proposed closure of this road is in conjunction with QETC to exercise its rights under this Easement. the proposed opening of another road. 1.8 “Electricity Works” means such works, apparatus, structures and things as QETC may in its absolute ENDNOTES discretion consider appropriate as a means of 1. Published in the Gazette on 1 November 2013. conveying or transmitting electricity at 110kV 2. Not required to be laid before the Legislative nominal voltage, telecommunications and other Assembly. electromagnetic energy in all its forms, including 3. The administering agency is the Department of Natural conductors, cables, towers, aerials, poles, foundations, Resources and Mines. ground anchorages, supports and other associated Land Act 1994 or appurtenant works. The expression includes the TEMPORARY CLOSING OF ROADS Electricity Works existing on the Easement Land at NOTICE (No 18) 2013 the Date of this Easement or constructed on it after Short title that date, and where the context permits it includes a 1. This notice may be cited as the Temporary Closing of Roads reference to any part of the Electricity Works. Notice (No 18) 2013. 1.9 “Structure” means any building, improvement, plant, Roads to be temporarily closed [s.98 of the Act] equipment, fixture, fitting, pole, cable, wire, pipe, 2. The road described in the Schedule is temporarily closed. tower, apparatus or chattel or of any kind whether on, SCHEDULE over, in, under, across or through the Easement Land South Region, Gold Coast Office and includes by way of example but is not limited to An area of about 4850 m2 separating Lot 24 on RP847386 from any dwelling (including any extension or overhang of Lot 33 on W31985 (parish of Mudgeeraba, locality of Bonogin) eaves or guttering), swimming pool, shed, retaining or and shown as road proposed to be temporarily closed on Drawing other wall and lighting. 13/113. (2012/003987) QETC’S RIGHTS ENDNOTES 2. The QETC is acquiring this Easement in perpetuity to permit 1. Published in the Gazette on 1 November 2013. QETC the right to: 2. Not required to be laid before the Legislative Assembly. 2.1 convey and transmit electricity, telecommunications 3. The administering agency is the Department of Natural and other electromagnetic energy in all its forms on, Resources and Mines. from, over, under and through the Easement Land by Electricity Works; Acquisition of Land Act 1967 2.2 enter upon and traverse the Easement Land, with AMENDMENT OF TAKING OF EASEMENT NOTICE vehicles, plant and equipment, if necessary, to exercise (No 06) 2013 its rights under this Easement; Short title 2.3 construct Electricity Works on, over, under or through 1. This notice may be cited as the Amendment of Taking of Easement the Easement Land; Notice (No 06) 2013. 2.4 inspect, maintain, repair or replace the Electricity Amendment of Notice [ss.11(1) of the Act] Works; 2. (1) The Taking of Easement Notice (No 16) 2013 made on 3 2.5 clear the Easement Land of trees, undergrowth October 2013 and published in the Gazette on 4 October 2013 at pages or vegetation or any obstruction including soil in 139-140, taking the easement described in Schedule 2 attached thereto the manner and by the means QETC considers in the South Region, Brisbane Office, for electrical works purposes, is appropriate; amended as set out in subsection (2). 2.6 construct and maintain on the Easement Land such (2) In SCHEDULE 1 to the notice – tracks, roads, gates, fences and other structures and omit ‘DEFINITIONS works as QETC considers necessary; 1. In this Easement: 2.7 enter upon and traverse the Easement Land for the 1.1 “Acts” means the Electricity Act 1994, Electrical purposes of preventing or rectifying any infringement Safety Act 2002 and Government Owned Corporations by the Owner of QETC’s rights under this Easement Act 1993 and any amendments to them or either of by the Owner; and them or any Acts superseding those Acts. the QETC may in connection with its use and enjoyment of 1.2 “Consent to use Easement Land” – means the this Easement, exercise such of its rights, powers, discretion 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 46 273
and functions under the Acts, or any other Act or at law as it 6.10 plant or grow upon the Easement Land trees whose size sees fit. or height would in any way interfere with the statutory QETC’S OBLIGATIONS TO THE OWNER clearance that may exist from time to time; or 3. QETC will, in exercising its rights pursuant to this 6.11 reside in or permit anyone to reside in or occupy any Easement: Structure, caravan, or other accommodation (including 3.1 cause as little inconvenience to the Owner as possible; temporary accommodation) which may be located on and the Easement Land, 3.2 act reasonably. and QETC will not unreasonably withhold its consent but in QETC WILL COMPLY WITH SAFETY LAWS granting any consent may impose reasonable conditions. 4. 4.1 QETC will comply with all laws regarding the exercise OWNER MAY USE EASEMENT of its rights under this Easement and the safety of 7. The Owner may use the Easement Land for any lawful purpose persons to use the Easement Land. not inconsistent with the terms of this Easement and the 4.2 QETC will not be liable for: Consent to Use Easement Land 4.2.1 the negligent acts or omissions of the Owner; THINGS QETC MAY DO IF THE OWNER IS IN BREACH or 8. 8.1 In the event of any breach by the Owner of the terms of 4.2.2 the acts or omissions of the Owner that are a Clauses 5 and 6, QETC may in its absolute discretion breach of this Easement or of the law. give notice to the Owner to rectify the breach which THINGS THE OWNER MUST NOT DO may include the demolition or removal of all, or any 5. The Owner must not: part of, a Structure; and 5.1 interfere with, damage or place at risk the Electricity 8.2 If after 30 days, the Owner has not rectified the Works or plant, equipment, tools or material of QETC breach, then QETC may rectify the breach which may on or near the Easement Land; include: 5.2 interfere with or obstruct QETC in the exercise 8.2.1 the demolition and/or removal of a Structure or enjoyment of its rights and powers under this or any part thereof upon the Easement Land; Easement; or or 3.3 grow sugarcane within ten (10) metres of any tower, 8.2.2 mitigation or remedial work to restore the base or pole upon the Easement Land; or safety of the Electricity Works 5.4 interfere with or damage the above ground cable without liability to the Owner for reinstatement, markers used to indicate the location of the below restitution, damages, compensation or otherwise. ground Electricity Works. 8.3 Notwithstanding anything contained in Clauses 8.1 THINGS THE OWNER MAY ONLY DO IF QETC or 8.2, in the case of an emergency, QETC may enter CONSENTS the Easement Land to remedy a defect, eliminate an 6. The Owner must not, or consent to allow another party to, after actual or potential danger or remove a Structure or any the Date of this Easement, without first obtaining the written part thereof that is affecting, or may affect, the safety consent of QETC: of Electricity Works or continuity of supply without 6.1 erect or place any Structure or make any additions or giving notice. alterations to any Structure on the Easement Land; 8.4 If QETC acts under clause 8.3, it must give the notice, 6.2 erect any fence that is higher than three (3) metres on if not already given, mentioned in clause 8.1 as soon the Easement Land; as practicable. 6.3 place fill or other substance or carry out any works or 8.5 Any costs incurred by QETC in relation to either do anything whatsoever on the Easement Land which Clauses 8.2 or 8.3, or both, may be recovered from would reduce the clearance from ground level of the the Owner. conductors or transmission lines below the minimum INDEMNITY statutory clearance required from time to time for the 9. QETC indemnifies the Owner against all actions, suits, proceed- voltage class of the transmission line on the Easement ings, demands, costs, losses, damages and expenses arising Land; out of or in respect of any act or omission of QETC in the 6.4 cause or allow, except in the case of force majeure, use or attempted use of the Easement Land by QETC, except the inundation of those parts of the Easement Land where such actions, suits, proceedings, claims, demands, costs, where any Electricity Works are erected or located or losses, damages or expenses arise as a result of any negligent are proposed to be erected or located; act or omission of the Owner, breach of this Easement or of 6.5 lay or permit the laying of underground services or any the law. metal conduit or pipe under or across the Easement PUBLIC RISK Land; 10. QETC will effect and keep current a public risk insurance policy 6.6 lay any metal conduit or pipe within five (5) metres in respect of this Easement and the use by QETC of the Easement of the base of any tower, pole, foundation, ground Land for an amount which QETC considers appropriate to the anchorage or other means of support on the Easement public liability risk involved but in any event not less than Land; FIFTY MILLION DOLLARS ($50,000,000.00).’, 6.7 do any act or thing which jeopardises the Electricity insert ‘DEFINITIONS Works, the foundations, ground anchorages, supports, 1. In this Easement: the towers or poles, including (without limitation) 1.1 “Acts” means the Electricity Act 1994, Electrical Safety excavate or remove any soil, sand or gravel within a Act 2002 and Government Owned Corporations Act distance of twenty (20) metres from the base of any 1993 and any amendments to them or either of them tower, pole, foundation, ground anchorage or support or any Acts superseding those Acts. on the Easement Land; 1.2 “Date of this Easement” means the execution date of 6.8 grow sugar cane on the Easement Land except: the gazette resumption notice. 6.8.1 where the Owner is a holder of a valid cane 1.3 “Easement” means the rights obtained from the Owner supply contract under the Sugar Industry Act by QETC including but not limited to the terms and 1999 as at the Date of this Easement; and conditions contained in this Schedule. 6.8.2 the Owner grows sugar cane in accordance 1.4 “Easement Land” means that portion of the Owner’s with clause 5.3 above; land over which this Easement is obtained. 6.9 plant upon the Easement Land any crop or any trees 1.5 “Owner” means the registered proprietor together with whose roots or the cultivation of which would in any its successors, successors in title and assigns. Where the way interfere with the Electricity Works; or term appears in Clauses 3, 4, 5, 6 and 8 it includes the 274 QUEENSLAND GOVERNMENT GAZETTE No. 46 [1 November 2013
servants, agents, employees, workmen and contractors breach of this Easement or of the law. of the Owner and other persons authorised by the THINGS THE OWNER MUST NOT DO Owner to use or enter upon the Easement Land. 5. The Owner must not: 1.6 “QETC” means the Queensland Electricity Transmission 5.1 interfere with, damage or place at risk the Electricity Corporation Limited, together with its successors Works or plant, equipment, tools or material of QETC and assigns and others authorised by it. Where the on or near the Easement Land; context permits, the term includes the servants, agents, 5.2 interfere with or obstruct QETC in the exercise or employees, workmen, linesmen, contractors of QETC enjoyment of its rights and powers under this Easement; and other persons authorised by QETC to exercise its or rights under this Easement. 5.3 interfere with or damage the above ground cable 1.7 “Electricity Works” means such works, conduits, markers used to indicate the location of the below apparatus, structures and things as QETC may ground Electricity Works. in its absolute discretion consider appropriate as THINGS THE OWNER MAY ONLY DO IF QETC a means of conveying or transmitting electricity, CONSENTS telecommunications and other electromagnetic energy 6. The Owner must not, or consent to allow another party to, after in all its forms underground, including cables and other the Date of this Easement, without first obtaining the written associated or appurtenant works and above ground consent of QETC: cable markers. The expression includes the Electricity 6.1 erect or place any Structure or make any additions or Works existing on or under the Easement Land at the alterations to any Structure on the Easement Land; Date of this Easement or constructed on or under it after 6.2 erect any fence that is higher than 3 metres on the that date, and where the context permits it includes a Easement Land; reference to any part of the Electricity Works. 6.3 place fill or other substance on the Easement Land; 1.8 “Structure” means any building, improvement, plant, 6.4 cause or allow, except in the case of force majeure, the equipment, fixture, fitting, pole, cable, wire, pipe, inundation of those parts of the Easement Land where tower, apparatus or chattel or of any kind whether on, any Electricity Works is located or is proposed to be over, in, under, across or through the Easement Land located; and includes by way of example but is not limited to 6.5 lay or permit the laying of underground services or any any dwelling (including any extension or overhang of metal conduit or pipe under or across the Easement eaves or guttering), swimming pool, shed, retaining or Land; other wall and lighting. 6.6 do any act or thing which jeopardises the Electricity QETC’S RIGHTS Works including (without limitation) excavation or 2. The QETC is acquiring this Easement in perpetuity to permit removal of any soil, sand or gravel on the Easement QETC the right to: Land; 2.1 convey and transmit electricity, telecommunications 6.7 plant upon the Easement Land any crop or any trees and other electromagnetic energy in all its forms whose roots or the cultivation of which would in any under and through the Easement Land by Electricity way interfere with the Electricity Works; or Works; 6.8 reside in or permit anyone to reside in or occupy any 2.2 enter upon and traverse the Easement Land, with Structure, caravan, or other accommodation (including vehicles, plant and equipment, if necessary, to exercise temporary accommodation) which may be located on its rights under this Easement; the Easement Land, 2.3 construct Electricity Works on, over, under or through and QETC will not unreasonably withhold its consent but in the Easement Land; granting any consent may impose reasonable conditions. 2.4 inspect, maintain, repair or replace the Electricity OWNER MAY USE EASEMENT Works; 7. The Owner may use the Easement Land for any lawful purpose 2.5 clear the Easement Land of trees, undergrowth not inconsistent with the terms of this Easement. or vegetation or any obstruction including soil in THINGS QETC MAY DO IF THE OWNER IS IN BREACH the manner and by the means QETC considers 8. 8.1 In the event of any breach by the Owner of the terms of appropriate; Clauses 5 and 6, QETC may in its absolute discretion 2.6 construct and maintain on the Easement Land such give notice to the Owner to rectify the breach which tracks, roads, gates, fences and other structures and may include the demolition or removal of all, or any works as QETC considers necessary; part of, a Structure; and 2.7 enter upon and traverse the Easement Land for the 8.2 If after 30 days, the Owner has not rectified the purposes of preventing or rectifying any infringement breach, then QETC may rectify the breach which may by the Owner of QETC’s rights under this Easement include: by the Owner; and 8.2.1 the demolition and/or removal of a Structure or the QETC may in connection with its use and enjoyment of any part thereof upon the Easement Land; or this Easement, exercise such of its rights, powers, discretion 8.2.2 mitigation or remedial work to restore the safety and functions under the Acts, or any other Act or at law as it of the Electricity Works sees fit. without liability to the Owner for reinstatement, QETC’S OBLIGATIONS TO THE OWNER restitution, damages, compensation or otherwise. 3. QETC will, in exercising its rights pursuant to this 8.3 Notwithstanding anything contained in Clauses 8.1 Easement: or 8.2, in the case of an emergency, QETC may enter 3.1 cause as little inconvenience to the Owner as possible; the Easement Land to remedy a defect, eliminate an and actual or potential danger or remove a Structure or any 3.2 act reasonably. part thereof that is affecting, or may affect, the safety QETC WILL COMPLY WITH SAFETY LAWS of Electricity Works or continuity of supply without 4. 4.1 QETC will comply with all laws regarding the exercise giving notice. of its rights under this Easement and the safety of 8.4 If QETC acts under clause 8.3, it must give the notice, persons to use the Easement Land. if not already given, mentioned in clause 8.1 as soon 4.2 QETC will not be liable for: as practicable. 4.2.1 the negligent acts or omissions of the Owner; 8.5 Any costs incurred by QETC in relation to either or Clauses 8.2 or 8.3, or both, may be recovered from the 4.2.2 the acts or omissions of the Owner that are a Owner. 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 46 275
INDEMNITY supports and other associated or appurtenant works. 9. QETC indemnifies the Owner against all actions, suits, The expression includes the Electricity Works existing proceedings, demands, costs, losses, damages and expenses on the Easement Land at the Date of this Easement or arising out of or in respect of any act or omission of QETC in the constructed on it after that date, and where the context use or attempted use of the Easement Land by QETC, except permits it includes a reference to any part of the where such actions, suits, proceedings, claims, demands, costs, Electricity Works. losses, damages or expenses arise as a result of any negligent 1.9 “Structure” means any building, improvement, plant, act or omission of the Owner, breach of this Easement or of equipment, fixture, fitting, pole, cable, wire, pipe, the law. tower, apparatus or chattel or of any kind whether on, PUBLIC RISK over, in, under, across or through the Easement Land 10. QETC will effect and keep current a public risk insurance policy in and includes by way of example but is not limited to respect of this Easement and the use by QETC of the Easement any dwelling (including any extension or overhang of Land for an amount which QETC considers appropriate to eaves or guttering), swimming pool, shed, retaining or the public liability risk involved but in any event not less than other wall and lighting. FIFTY MILLION DOLLARS ($50,000,000.00).’. QETC’S RIGHTS ENDNOTES 2. The QETC is acquiring this Easement in perpetuity to permit 1. Published in the Gazette on 1 November 2013. QETC the right to: 2. Not required to be laid before the Legislative Assembly. 2.1 convey and transmit electricity, telecommunications 3. The administering agency is the Department of Natural Resources and other electromagnetic energy in all its forms on, and Mines. from, over, under and through the Easement Land by 4. File Reference – CBD/108389 Electricity Works; 2.2 enter upon and traverse the Easement Land, with Acquisition of Land Act 1967 vehicles, plant and equipment, if necessary, to exercise AMENDMENT OF TAKING OF EASEMENT NOTICE (No 07) its rights under this Easement; 2013 2.3 construct Electricity Works on, over, under or through Short title the Easement Land; 1. This notice may be cited as the Amendment of Taking of Easement 2.4 inspect, maintain, repair or replace the Electricity Notice (No 07) 2013. Works; Amendment of Notice [ss.11(1) of the Act] 2.5 clear the Easement Land of trees, undergrowth 2. (1) The Taking of Easement Notice (No 17) 2013 made on 3 or vegetation or any obstruction including soil in October 2013 and published in the Gazette on 4 October 2013 at pages the manner and by the means QETC considers 141-142, taking the easement described in Schedule 2 attached thereto appropriate; in the South Region, Brisbane Office, for electrical works purposes, is 2.6 construct and maintain on the Easement Land such amended as set out in subsection (2). tracks, roads, gates, fences and other structures and (2) In SCHEDULE 1 to the notice – works as QETC considers necessary; omit ‘DEFINITIONS 2.7 enter upon and traverse the Easement Land for the 1. In this Easement: purposes of preventing or rectifying any infringement 1.1 “Acts” means the Electricity Act 1994, Electrical Safety by the Owner of QETC’s rights under this Easement by Act 2002 and Government Owned Corporations Act the Owner; and 1993 and any amendments to them or either of them the QETC may in connection with its use and enjoyment of this or any Acts superseding those Acts. Easement, exercise such of its rights, powers, discretion and 1.2 “Consent to use Easement Land” – means the functions under the Acts, or any other Act or at law as it sees conditional consent letter (together with conditions of fit. use) given under Clause 6 by QETC on 13 April 2012 QETC’S OBLIGATIONS TO THE OWNER and includes any other changes subsequently approved 3. QETC will, in exercising its rights pursuant to this Easement: in writing by QETC. 3.1 cause as little inconvenience to the Owner as possible; 1.3 “Date of this Easement” means the date of the gazette and resumption notice. 3.2 act reasonably. 1.4 “Easement” means the rights obtained from the Owner QETC WILL COMPLY WITH SAFETY LAWS by QETC including but not limited to the terms and 4. 4.1 QETC will comply with all laws regarding the exercise conditions contained in this Schedule. of its rights under this Easement and the safety of 1.5 “Easement Land” means that portion of the Owner’s persons to use the Easement Land. land over which this Easement is obtained. 4.2 QETC will not be liable for: 1.6 “Owner” means the Registered Proprietor together with 4.2.1 the negligent acts or omissions of the Owner; its successors, successors in title and assigns. Where the or term appears in Clauses 3, 4, 5, 6 and 8 it includes the 4.2.2 the acts or omissions of the Owner that are a servants, agents, employees, workmen and contractors breach of this Easement or of the law. of the Owner and other persons authorised by the Owner THINGS THE OWNER MUST NOT DO to use or enter upon the Easement Land. 5. The Owner must not: 1.7 “QETC” means the Queensland Electricity Transmission 5.1 interfere with, damage or place at risk the Electricity Corporation Limited, together with its successors Works or plant, equipment, tools or material of QETC and assigns and others authorised by it. Where the on or near the Easement Land; context permits, the term includes the servants, agents, 5.2 interfere with or obstruct QETC in the exercise or employees, workmen, linesmen, contractors of QETC enjoyment of its rights and powers under this Easement; and other persons authorised by QETC to exercise its or rights under this Easement. 3.3 grow sugarcane within ten (10) metres of any tower, 1.8 “Electricity Works” means such works, apparatus, base or pole upon the Easement Land; or structures and things as QETC may in its absolute 5.4 interfere with or damage the above ground cable markers discretion consider appropriate as a means of conveying used to indicate the location of the below ground or transmitting electricity at 110kV nominal voltage, Electricity Works. telecommunications and other electromagnetic energy THINGS THE OWNER MAY ONLY DO IF QETC CONSENTS in all its forms, including conductors, cables, towers, 6. The Owner must not, or consent to allow another party to, after aerials, poles, foundations, ground anchorages, the Date of this Easement, without first obtaining the written 276 QUEENSLAND GOVERNMENT GAZETTE No. 46 [1 November 2013
consent of QETC: Electricity Works or continuity of supply without giving 6.1 erect or place any Structure or make any additions or notice. alterations to any Structure on the Easement Land; 8.4 If QETC acts under clause 8.3, it must give the notice, 6.2 erect any fence that is higher than three (3) metres on if not already given, mentioned in clause 8.1 as soon as the Easement Land; practicable. 6.3 place fill or other substance or carry out any works or 8.5 Any costs incurred by QETC in relation to either Clauses do anything whatsoever on the Easement Land which 8.2 or 8.3, or both, may be recovered from the Owner. would reduce the clearance from ground level of the INDEMNITY conductors or transmission lines below the minimum 9. QETC indemnifies the Owner against all actions, suits, proceed- statutory clearance required from time to time for the ings, demands, costs, losses, damages and expenses arising out voltage class of the transmission line on the Easement of or in respect of any act or omission of QETC in the use or Land; attempted use of the Easement Land by QETC, except where 6.4 cause or allow, except in the case of force majeure, the such actions, suits, proceedings, claims, demands, costs, losses, inundation of those parts of the Easement Land where damages or expenses arise as a result of any negligent act or any Electricity Works are erected or located or are omission of the Owner, breach of this Easement or of the law. proposed to be erected or located; PUBLIC RISK 6.5 lay or permit the laying of underground services or any 10. QETC will effect and keep current a public risk insurance policy metal conduit or pipe under or across the Easement in respect of this Easement and the use by QETC of the Easement Land; Land for an amount which QETC considers appropriate to the 6.6 lay any metal conduit or pipe within five (5) metres public liability risk involved but in any event not less than FIFTY of the base of any tower, pole, foundation, ground MILLION DOLLARS ($50,000,000.00).’, anchorage or other means of support on the Easement insert ‘DEFINITIONS Land; 1. In this Easement: 6.7 do any act or thing which jeopardises the Electricity 1.1 “Acts” means the Electricity Act 1994, Electrical Works, the foundations, ground anchorages, supports, Safety Act 2002 and Government Owned Corporations the towers or poles, including (without limitation) Act 1993 and any amendments to them or any Acts excavate or remove any soil, sand or gravel within a superseding those Acts. distance of twenty (20) metres from the base of any 1.2 “Date of this Easement” means the date of the gazette tower, pole, foundation, ground anchorage or support resumption notice. on the Easement Land; 1.3 “Easement” means the rights obtained from the Owner 6.8 grow sugar cane on the Easement Land except: by QETC including but not limited to the terms and 6.8.1 where the Owner is a holder of a valid cane conditions contained in this Schedule. supply contract under the Sugar Industry Act 1.4 “Easement Land” means that portion of the Owner’s 1999 as at the Date of this Easement; and land over which this Easement is obtained. 6.8.2 the Owner grows sugar cane in accordance 1.5 “Electricity Works” means such works, apparatus, with clause 5.3 above; structures and things as QETC may in its absolute 6.9 plant upon the Easement Land any crop or any trees discretion consider appropriate as a means of conveying whose roots or the cultivation of which would in any or transmitting electricity, telecommunications and way interfere with the Electricity Works; or other electromagnetic energy in all its forms, including 6.10 plant or grow upon the Easement Land trees whose size conductors, cables, towers, aerials, poles, foundations, or height would in any way interfere with the statutory ground anchorages, supports and other associated clearance that may exist from time to time; or or appurtenant works. The expression includes the 6.11 reside in or permit anyone to reside in or occupy any Electricity Works existing on the Easement Land at the Structure, caravan, or other accommodation (including Date of this Easement or constructed on it after that date, temporary accommodation) which may be located on and where the context permits it includes a reference to the Easement Land, any part of the Electricity Works. and QETC will not unreasonably withhold its consent but in 1.6 “Lessee” has the same meaning as in the Land Act granting any consent may impose reasonable conditions. 1994. OWNER MAY USE EASEMENT 1.7 “Owner” means the Registered Proprietor or the Lessee, 7. The Owner may use the Easement Land for any lawful purpose as applicable, together with its successors, successors in not inconsistent with the terms of this Easement and the Consent title and assigns. Where the term appears in Clauses 3, to Use Easement Land 4, 5, 6 and 8 it includes the servants, agents, employees, THINGS QETC MAY DO IF THE OWNER IS IN BREACH workmen and contractors of the Owner and other 8. 8.1 In the event of any breach by the Owner of the terms of persons authorised by the Owner to use or enter upon Clauses 5 and 6, QETC may in its absolute discretion the Easement Land. give notice to the Owner to rectify the breach which 1.8 “QETC” means the Queensland Electricity Transmission may include the demolition or removal of all, or any Corporation Limited, together with its successors and part of, a Structure; and assigns and others authorised by it. Where the context 8.2 If after 30 days, the Owner has not rectified the permits, the term includes the servants, agents, breach, then QETC may rectify the breach which may employees, workmen, linesmen, contractors of QETC include: and other persons authorised by QETC to exercise its 8.2.1 the demolition and/or removal of a Structure rights under this Easement. or any part thereof upon the Easement Land; 1.9 “Registered Proprietor” has the same meaning as in the or Land Title Act 1994. 8.2.2 mitigation or remedial work to restore the safety 1.10 “Structure” means any building, improvement, plant, of the Electricity Works equipment, fixture, fitting, pole, cable, wire, pipe, without liability to the Owner for reinstatement, tower, apparatus or chattel or of any kind whether on, restitution, damages, compensation or otherwise. over, in, under, across or through the Easement Land 8.3 Notwithstanding anything contained in Clauses 8.1 or and includes by way of example but is not limited to 8.2, in the case of an emergency, QETC may enter the any dwelling (including any extension or overhang of Easement Land to remedy a defect, eliminate an actual eaves or guttering), swimming pool, shed, retaining or or potential danger or remove a Structure or any part other wall and lighting. thereof that is affecting, or may affect, the safety of QETC’S RIGHTS 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 46 277
2. The QETC is acquiring this Easement to permit QETC the right or other means of support on the Easement Land; to: 6.6 do any act or thing which jeopardises the foundations, 2.1 convey and transmit electricity, telecommunications ground anchorages, supports, the towers or poles, and other electromagnetic energy in all its forms on, including (without limitation) excavate or remove any from, over, under and through the Easement Land by soil, sand or gravel within a distance of twenty (20) Electricity Works; metres from the base of any tower, pole, foundation, 2.2 enter upon and traverse the Easement Land, with ground anchorage or support on the Easement Land; vehicles, plant and equipment, if necessary, to exercise 6.7 grow sugar cane on the Easement Land except: its rights under this Easement; 6.7.1 where the Owner is a holder of a valid cane 2.3 construct Electricity Works on, over, under or through supply contract under the Sugar Industry Act the Easement Land; 1999 as at the Date of this Easement; and 2.4 inspect, maintain, repair or replace the Electricity 6.7.2 the Owner grows sugar cane in accordance Works; with clause 5.3 above; 2.5 clear the Easement Land of trees, undergrowth 6.8 plant or grow upon the Easement Land trees whose size or vegetation or any obstruction including soil in or height would in any way interfere with the statutory the manner and by the means QETC considers clearance that may exist from time to time; or appropriate; 6.9 reside in or permit anyone to reside in or occupy any 2.6 construct and maintain on the Easement Land such Structure, caravan, or other accommodation (including tracks, roads, gates, fences and other structures and temporary accommodation) which may be located on works as QETC considers necessary; the Easement Land, 2.7 enter upon and traverse the Easement Land for the and QETC will not unreasonably withhold its consent but in purposes of preventing or rectifying any infringement granting any consent may impose reasonable conditions. by the Owner of QETC’s rights under this Easement by OWNER MAY USE EASEMENT the Owner; and 7. The Owner may use the Easement Land for any lawful purpose the QETC may in connection with its use and enjoyment of this not inconsistent with the terms of this Easement. Easement, exercise such of its rights, powers, discretion and THINGS QETC MAY DO IF THE OWNER IS IN BREACH functions under the Acts, or any other Act or at law as it sees 8. 8.1 In the event of any breach by the Owner of the terms of fit. Clauses 5 and 6, QETC may in its absolute discretion QETC’S OBLIGATIONS TO THE OWNER give notice to the Owner to rectify the breach which 3. QETC will, in exercising its rights pursuant to this Easement: may include the demolition or removal of all, or any 3.1 cause as little inconvenience to the Owner as possible; part of, a Structure; and and 8.2 If after 30 days, the Owner has not rectified the 3.2 act reasonably. breach, then QETC may rectify the breach which may QETC WILL COMPLY WITH SAFETY LAWS include: 4. 4.1 QETC will comply with all laws regarding the exercise 8.2.1 the demolition and/or removal of a Structure of its rights under this Easement and the safety of or any part thereof upon the Easement Land; persons to use the Easement Land. or 4.2 QETC will not be liable for: 8.2.2 mitigation or remedial work to restore the safety 4.2.1 the negligent acts or omissions of the Owner; of the Electricity Works or without liability to the Owner for reinstatement, 4.2.2 the acts or omissions of the Owner that are a restitution, damages, compensation or otherwise. breach of this Easement or of the law. 8.3 Notwithstanding anything contained in Clauses 8.1 or THINGS THE OWNER MUST NOT DO 8.2, in the case of an emergency, QETC may enter the 5. The Owner must not: Easement Land to remedy a defect, eliminate an actual 5.1 interfere with, damage or place at risk the Electricity or potential danger or remove a Structure or any part Works or plant, equipment, tools or material of QETC thereof that is affecting, or may affect, the safety of on or near the Easement Land; Electricity Works or continuity of supply without giving 5.2 interfere with or obstruct QETC in the exercise or notice. enjoyment of its rights and powers under this Easement; 8.4 If QETC acts under clause 8.3, it must give the notice, or if not already given, mentioned in clause 8.1 as soon as 5.3 grow sugarcane within ten (10) metres of any tower, practicable. base or pole upon the Easement Land. 8.5 Any costs incurred by QETC in relation to either Clauses THINGS THE OWNER MAY ONLY DO IF QETC CONSENTS 8.2 or 8.3, or both, may be recovered from the Owner. 6. The Owner must not, or consent to allow another party to, after INDEMNITY the Date of this Easement, without first obtaining the written 9. QETC indemnifies the Owner against all actions, suits, proceed- consent of QETC: ings, demands, costs, losses, damages and expenses arising out 6.1 erect or place any Structure or make any additions or of or in respect of any act or omission of QETC in the use or alterations to any Structure on the Easement Land; attempted use of the Easement Land by QETC, except where 6.2 erect any fence that is higher than three (3) metres on such actions, suits, proceedings, claims, demands, costs, losses, the Easement Land; damages or expenses arise as a result of any negligent act or 6.3 place fill or other substance or carry out any works or omission of the Owner, breach of this Easement or of the law. do anything whatsoever on the Easement Land which PUBLIC RISK would reduce the clearance from ground level of the 10. QETC will effect and keep current a public risk insurance policy in conductors or transmission lines below the minimum respect of this Easement and the use by QETC of the Easement statutory clearance required from time to time for the Land for an amount which QETC considers appropriate to the voltage class of the transmission line on the Easement public liability risk involved but in any event not less than FIFTY Land; MILLION DOLLARS ($50,000,000.00).’. 6.4 cause or allow, except in the case of force majeure, the ENDNOTES inundation of those parts of the Easement Land where 1. Published in the Gazette on 1 November 2013. any Electricity Works are erected or located or are 2. Not required to be laid before the Legislative Assembly. proposed to be erected or located; 3. The administering agency is the Department of Natural Resources 6.5 lay any metal conduit or pipe within five (5) metres of the and Mines. base of any tower, pole, foundation, ground anchorage 4. File Reference – CBD/108399 278 QUEENSLAND GOVERNMENT GAZETTE No. 46 [1 November 2013
Place Names Act 1994 PLACE NAME PROPOSAL NOTICE (No 11) 2013 Short title 1. This notice may be cited as the Place Name Proposal Notice (No 11) 2013. Notice of Place Name Proposal [s.9 of the Act] 2. Notice is given that Andrew Cripps, Minister for Natural Resources and Mines intends to proceed with a proposal to name the places and discontinue the name of the place set out in the Schedule. Display of plan 3. A plan illustrating the proposal may be viewed at the Department of Natural Resources and Mines, Cairns Business Service Centre, State Government Building, Level 4 William McCormack Place, 5b Sheridan Street, Cairns and Cook Shire Council Administrative Chamber at 10 Furneaux Street, Cooktown. Submissions 4. Individual submissions in writing, either in support of or against the proposal, may be sent care of the Cartographer, Planning Services North, Department of Natural Resources and Mines, PO Box 5318, Townsville Qld 4810 within 2 months from the day of this publication. SCHEDULE Geog. Co-ords Plan Name Feature Local Government Area Lat. S. Long. E. No. Remarks Iron Range Locality Cook Shire 12°39’16” 143°19’41” QPN1235 New Lockhart River Locality Cook Shire 13°04’47” 143°35’18” QPN1235 New Lockhart Locality Cook Shire 12°39’26” 143°19’42” QPN1147 Discontinued ENDNOTES 1. Published in the Gazette on 1 November 2013. 2. Not required to be laid before the Legislative Assembly. 3. The administering agency is the Department of Natural Resources and Mines. 4. Datum of Co-ordinates - Geocentric Datum of Australia 94 5. File Reference - QPN1235 Place Names Act 1994 PLACE NAME DECISION NOTICE (No 20) 2013 Short title 1. This notice may be cited as Place Name Decision Notice (No 20) 2013. Notice of Place Name Decision [s.11 of the Act] 2. Notice is given that Andrew Cripps, Minister for Natural Resources and Mines has decided to alter the boundaries of the places set out in the Schedule. SCHEDULE Geog. Co-ords Plan Name Feature Local Government Area Lat. S. Long. E. No. Remarks Lundavra Locality Goondiwindi Regional 28°04’16 149°59’58” QPN1133 Bdy amended vide CHQ022459/802 Toobeah Locality Goondiwindi Regional 28°25’17” 149°52’28 QPN1133 Bdy amended vide CHQ022459/802 Mackenzie Suburb Brisbane City 27°32’09” 153°07’49” QPN745 Bdy amended vide CHQ 022459/823 Rochedale Suburb Brisbane City 27°34’14” 153°07’27” QPN746 Bdy amended vide CHQ 022459/823 ENDNOTES 1. Made by the Minister on 15 October 2013. 2. Published in the Gazette on 1 November 2013. 3. Not required to be laid before the Legislative Assembly. 4. The administering agency is the Department of Natural Resources and Mines. 5. Datum of Co-ordinates - Geocentric Datum of Australia 1994 (GDA94) 6. File Reference - CHQ022459 PLACE NAME DECISION NOTICE (No 19) 2013 Short title 1. This notice may be cited as Place Name Decision Notice (No 19) 2013. Notice of Place Name Decision [s.11 of the Act] 2. Notice is given that Andrew Cripps, Minister for Natural Resources and Mines has decided to name the places set out in the Schedule. SCHEDULE Geog. Co-ords Plan Name Feature Local Government Area Lat. S. Long. E. No. Jindalee Creek Creek Brisbane City 27º31’42” 152º56’45” QPN1225 Ric Nattrass Creek Creek Brisbane City 27º34’23” 152º56’26” QPN1225 Scott Creek Creek Brisbane City 27º36’20” 152º56’41” QPN1225 Spinks Creek Creek Brisbane City 27º37’17” 152º56’42” QPN1225 ENDNOTES 1. Published in the Gazette on 1 November 2013. 2. Not required to be laid before the Legislative Assembly. 3. The administering agency is the Department of Natural Resources and Mines. 4. Datum of Co-ordinates - Geocentric Datum of Australia 94 5. File Reference - SER/114685
© The State of Queensland 2013 Copyright protects this publication. Except for purposes permitted by the Copyright Act, reproduction by whatever means is prohibited without prior written permission. Inquiries should be addressed to: Gazette Advertising, GPO Box 2457, Brisbane QLD 4001. ______BRISBANE 1 November 2013 [279]
Queensland Government Gazette Transport and Main Roads PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 1 November 2013 [No. 47
Acquisition of Land Act 1967 Transport Infrastructure Act 1994 Transport Planning and Coordination Act 1994
TAKING OF EASEMENT OVER LAND NOTICE (No. 2661) 2013
Short title
1. This notice may be cited as the Taking of Easement over Land Notice (No. 2661) 2013.
Easement over land to be taken [s.15D(1) of the Acquisition of Land Act 1967]
2. Following agreement in writing, the easement over land described in the Schedule 2 is taken by the Chief Executive, Department of Transport and Main Roads, as constructing authority for the State of Queensland for a purpose incidental to the purpose of transport (busway), namely, easement of support, as from 1 November 2013, and vests in the State of Queensland.
Rights and obligations under easement
3. The rights and obligations of the easement are set out in Schedule 1.
SCHEDULE 1
Rights and Obligations under Easement
1. Definitions and Interpretation
1.1 In this Schedule–
"Business Day" means a day other than a Saturday, Sunday or public holiday in Brisbane.
“Busway” means all busway transport infrastructure (as defined under the Transport Act) (including, but not limited to, all utilities and services, rock bolts and ground anchors) located or in the future located or to be located below, adjacent to, neighbouring or in the general vicinity of the Easement Area. "Busway" includes any part of the Busway.
“Chief Executive” means the chief executive of the Department of Transport and Main Roads, together with the successors and assigns of the Chief Executive and other authorised by the Chief Executive. Where the context permits, the term includes servants, agents, employees, contractors, subcontractors, licensees and invitees and all other persons authorised by the Chief Executive to exercise the rights of the State or the Chief Executive under the Easement.
“Date of the Easement” means the date the gazette resumption notice is published in the Queensland Government Gazette in accordance with the Acquisition of Land Act 1967.
“Easement” means the Easement on the terms and conditions set out in this Schedule 1. 280 QUEENSLAND GOVERNMENT GAZETTE No. 47 [1 November 2013
“Easement Area” means the land over which the Easement is resumed and in the appropriate context includes all improvements, infrastructure or structures on, in, through or above the Easement Area.
“Engineering Specifications” means the following specifications -
(a) permissible loading on the Easement Area -
(i) vehicle loads -
any vehicle which is licensed to travel on a road in Queensland without a permit may enter the Easement Area, subject to the following:
(A) live loading not exceeding SM1600, W80 or A160, in accordance with the requirements of Australian Standard AS5100-2004; and
(B) if the vehicle is a crane, loads must not exceed the loads listed in (ii) below;
(ii) permissible loads in respect of the Easement Area generally -
(A) resultant uniformly distributed working load acting not exceeding 50 kPa; and
(B) the placement of fill up to the Maximum Fill Level, providing that in no circumstances can the uniformly distributed load exceed 20kPa.
Permissible loads include a case where both (A) and (B) together are present;
(b) permissible excavation on, in or through the Easement Area to a depth not lower than the Excavation Surface Level, providing that in no circumstances is excavation closer than 300mm to any part of the Busway permissible.
"Excavation Surface Level" means 1.50 AHD.
“Existing Improvements” means all improvements, infrastructure or structures constructed on, in, through or above the Easement Area, as at the Date of the Easement, including but not limited, to any existing foundations, footings and reinforcing. For the purposes of the Easement and where the context requires, the term “Existing Improvements” extends to any New Improvements approved by the Chief Executive, in accordance with this Easement and carried out by or on behalf of the Owner in accordance with this Easement after the Date of this Easement.
" Maximum Fill Level" means 5.25 AHD.
“New Improvements” means any alteration of or to the Easement Area after the Date of the Easement, including but not limited:
(a) the altering of the level of the Easement Area;
(b) excavation of the Easement Area; and
(c) the construction or placement on, in, through or above the Easement Area of any improvements or infrastructure or structure of any kind;
but New Improvements does not include any alterations to Existing Improvements, which are minor and have no potential to cause the Engineering Specifications to be exceeded.
“Owner” means the registered owner of the Easement Area from time to time.
“State” means the State of Queensland represented by the Department of Transport and Main Roads (or any other department as nominated by the State of Queensland from time to time) and includes the Chief Executive acting in his or her capacity under the Transport Act or the TPC Act.
“TPC Act” means the Transport Planning and Coordination Act 1994 and any amendments to it or any Act superseding that Act.
“Transport Act” means the Transport Infrastructure Act 1994 and any amendments to it or any Act superseding that Act.
1.2 Headings are for convenience and ease of reference only and will not be relevant to or affect the construction, interpretation or meaning of the Easement.
1.3 A reference to any statute, regulation, ordinance, local law or other statutory instrument shall be deemed to extend to all statutes, regulations, ordinances, local laws or other statutory instruments amending, consolidating or replacing them.
1.4 Words indicating the singular number include the plural number and vice versa.
1.5 Words indicating one gender shall include all other genders.
1.6 A reference to a person includes a reference to corporations and other entities recognised by law and includes a reference to a person’s legal personal representatives, administrators, successors, assigns and transferees. 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 47 281
1.7 If the Owner consists of two or more persons at any time:
(a) a reference in the Easement to that part is to be read as a reference to each of those persons individually, and each combination of them jointly; and
(b) those persons are bound and benefited by the Easement both individually and in each combination of them jointly.
1.8 Where under or pursuant to this Easement the day on or by which any act, matter or thing is to be done is not a Business Day, such an act, matter or thing may be done on the next proceeding Business Day.
2. Purpose of the Easement
2.1 The following easement rights apply in favour of the State:
(a) in respect of the Easement Area, the Owner provides to the State a right to have the Busway supported by the Easement Area. The Owner has an obligation not to withdraw that support or to permit or allow (by whatever means) that support to be withdrawn and the Owner must do all things necessary to ensure that the support of the Busway by the Easement Area that exists as at the Date of the Easement is maintained at all times and from time to time and is not withdrawn; and
(b) the Owner must refrain from doing anything and the Owner must not do anything or permit or allow anything to be done on, in, through or above the Easement Area, which:
(i) will or may interfere with or endanger or affect (then or in the future) the operation, structural integrity or the physical integrity of the Busway;
(ii) will or may cause any damage (then or in the future) to the Busway; or
(iii) will or may cause (then or in the future) an additional requirement for the State to carry out maintenance, repair and/or replacement of the Busway. An additional requirement is a new or further requirement (including a requirement which involves the expenditure of additional money) which but for the thing done on, in, through or above the Easement Area would not have been required.
3. Consent required for New Improvements
3.1 The Owner must not carry out or permit or allow to be carried out any New Improvements unless the Owner has first obtained the written approval of the Chief Executive in accordance with this clause 3.
3.2 The Owner may make application for the written approval of the Chief Executive to allow the carrying out of New Improvements. When making application, the Owner must give the Chief Executive a copy of plans and specifications for any proposed New Improvements (including the manner and method of construction) and request the Chief Executive's written approval under this Easement (which shall be identified in the Owner's application as an Owner's request made under clause 3 of this Easement) to carry out (or allow the carrying out of) New Improvements.
3.3 The Chief Executive may request the Owner to provide further information regarding the proposed New Improvements, including but not limited to updated or further plans and/or specifications addressing such matters as the Chief Executive may require.
3.4 The Chief Executive must, within a reasonable time after receiving the Owner’s application for written approval under clause 3.2 –
(a) approve the Owner’s application;
(b) refuse to approve the Owner’s application; or
(c) approve the Owner’s application subject to reasonable and relevant conditions,
having regard to the Owner's obligations under this Easement and the rights of the State or Chief Executive under this Easement.
3.5 The Chief Executive will approve New Improvements (with or without reasonable and relevant conditions) which will not cause the Engineering Specifications to be exceeded, either whilst the New Improvements are being carried out or once the New Improvements have been carried out.
3.6 Even if the New Improvements for which the Owner seeks the Chief Executive's written approval, will cause the Engineering Specifications to be exceeded (either whilst the New Improvements are being carried out or once the New Improvements have been carried out) the Chief Executive may, in his/her absolute discretion, choose to approve the New Improvements (with or without reasonable and relevant conditions) in circumstances where the Owner is able to show the Chief Executive (to the absolute satisfaction of the Chief Executive) that the New Improvements will not:
(a) adversely impact on the exercise of rights by the State or the Chief Executive under this Easement;
(b) prevent or inhibit the Owner fulfilling or observing the Owner's obligations under this Easement; and
(c) cause the Owner to be in breach of the Owner's obligations under this Easement. 282 QUEENSLAND GOVERNMENT GAZETTE No. 47 [1 November 2013
3.7 If the Chief Executive issues written approval for New Improvements then:
(a) the Owner may only carry out the New Improvements that are approved (and no other New Improvements) and must in carrying out those New Improvements comply with any reasonable and relevant conditions imposed by the Chief Executive;
(b) if the New Improvements are not carried out within 24 calendar months of the date the Chief Executive issues written approval, then the written approval shall lapse (unless otherwise stated by the Chief Executive when issuing written approval) and the Owner must not carry out such New Improvements unless and until a further application for written approval is made and approved under this clause 3. Merely because the Chief Executive has previously issued a written approval does not require the Chief Executive to issue a subsequent written approval and the Chief Executive is, subject only to this clause 3, entitled to make such decision in relation to the subsequent application as the Chief Executive deems fit (as if no previous written approval had issued).
3.8 Neither the Chief Executive or the State accepts or incurs any responsibility or liability for New Improvements (irrespective of whether the New Improvements are the subject of the Chief Executive's written approval (with or without reasonable and relevant conditions) under this clause 3). The Owner has sole responsibility and liability for New Improvements.
4. Additional Obligations of the Owner
The Owner:
(a) must not do or permit or allow anything to be done, on, in, through or above the Easement Area, which will or may result in or cause the Owner to be in breach of the Owner's obligations under this Easement or which will prevent or impede the State or the Chief Executive from exercising the State's or Chief Executive's rights under this Easement; and
(b) must not interfere with or obstruct the State or the Chief Executive in the exercise or enjoyment of their rights under this Easement.
5. Rights of the State
5.1 If the Owner breaches the Owner's obligations under this Easement, the State or Chief Executive may do anything that is reasonably necessary (in the opinion of the State or the Chief Executive) to rectify the breach (including, but not limited to, demolishing or altering any unauthorised improvements, infrastructure or structures on, in, through or above the Easement Area or ensuring the support of the Busway by the Easement Area). Any action in rectifying such breach will be taken without the State or the Chief Executive incurring any liability to the Owner or any person taking any estate or interest from the Owner.
5.2 The Owner must pay or reimburse the State or Chief Executive for all costs and expenses suffered or incurred by the State or Chief Executive in rectifying the Owner's breach within 14 days of receipt by the Owner of a demand for payment or reimbursement (in the form of a tax invoice).
The costs and expenses suffered or incurred by the State or Chief Executive shall extend to and include legal fees (on a solicitors and own client basis).
6. Notice
Each communication (including each application notice, approval, request and demand) under or in connection with the Easement:
(a) must be in writing;
(b) must be addressed as follows (or as otherwise notified by that party to each other party from time to time):
State:
Name: Department of Transport and Main Roads Address: GPO Box 2439, Brisbane Qld 4000 or if by delivery by hand at the principal office of the Department of Transport and Main Roads in Brisbane from time to time or if that GPO Box address is not a current postal address for the Department of Transport and Main Roads in Brisbane and no other postal address has been notified then the then current address of the principal office for the Department of Transport and Main Roads in Brisbane Fax: 3337 8100 For the attention of: The Chief Executive Re: Busway Easement (Owner must also state the address of the Owner's land of which the Easement Area forms part)
Owner: The address notified to the State or Chief Executive or at the land of which the Easement Area forms part;
(c) must be signed by the party making it or (on that party's behalf) by the solicitor for, or any attorney, director, secretary or authorised agent or delegate of, that party;
(d) must be delivered by hand or posted by prepaid post to the address, or sent by fax to the number, of the addressee, in accordance with clause 6(b); and 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 47 283
(e) is taken to be received by the addressee:
(i) (in the case of prepaid post sent to an address in the same country) on the third day after the date of posting;
(ii) (in the case of prepaid post sent to an address in another country) on the fifth day after the date of posting by airmail;
(iii) (in the case of fax) at the time in the place to which it is sent equivalent to the time shown on the transmission confirmation report produced by the fax machine from which it was sent; and
(iv) (in the case of delivery by hand) on delivery,
but if the communication is taken to be received on a day that is not a Business Day or after 5.00 pm, it is taken to be received at 9.00 am on the next Business Day.
7. Governing Law
The laws of Queensland govern this document. The rights provided to the State and the Chief Executive under this Easement are in addition to other legal rights enjoyed by the State and Chief Executive at law.
8. Severability
If a provision of the Easement is illegal or unenforceable, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of the Easement.
9. GST
9.1 For the purpose of this clause unless the context otherwise requires:
(a) GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposition Act (whether imposing tax as a duty of customs excise or otherwise) and includes any legislation which is enacted to validate recapture or recoup the tax imposed by any of such Acts;
(b) Applicable GST has the meaning ascribed to it in clause 9.2;
(c) GST means any tax imposed by or through the GST Legislation on a supply (without regard to any input tax credit);
(d) Recipient means the party treated by the GST Legislation as the recipient of a supply from the Supplier;
(e) Representative means a representative member of a GST group to which the relevant Supplier belongs;
(f) Supply means any supply (within the meaning which it bears in the GST Legislation ) by the Supplier under or in connection with the Easement;
(g) Supplier means any party to the Easement treated by the GST Legislation as making a taxable supply under or in connection with the Easement;
(h) where any other term is used in this clause which is defined in the GST legislation it shall have the meaning which it bears in the GST Legislation.
9.2 In the case of a Supply which is a taxable supply:
(a) the consideration payable or otherwise provided (apart from under this clause) to the Supplier (under the other provisions of the Easement) will be increased by an amount equal to the Applicable GST;
(b) the Applicable GST shall be the GST payable on the Supply;
(c) the Applicable GST shall be added to the consideration payable or otherwise provided (apart from under this clause) for the Supply under the other provisions of the Easement so as to form an additional part of the consideration for the Supply.
9.3 The Recipient will pay on demand to the Supplier an amount equal to any increment in consideration which is payable under this clause in respect of any Supply, and such amount will be a debt due and owing by the Recipient to the Supplier, which is recoverable without setting off any refund or counter claim.
9.4 The Supplier shall provide the Recipient with tax invoices and/or adjustment notes in relation to the Supply (but shall not be obliged or requested to create such invoices for amounts in excess of amounts received from the Recipient) and do all things reasonably necessary to assist the Recipient to enable it to claim and obtain any input tax credit available to the Recipient in respect of the Supply.
9.5 Where the consideration for a Supply consists (in whole or in part) of the recovery by the Supplier of all or a proportion of the Supplier's costs, the amount recoverable shall be reduced by the amount (or the corresponding proportion) of the input tax credits available to the Supplier in respect of such costs and then increased by any Applicable GST under clause 9.2. 284 QUEENSLAND GOVERNMENT GAZETTE No. 47 [1 November 2013
In the event that liability for payment of GST in respect of a Supply under the Easement is imposed upon a Representative of a Supplier this clause shall nonetheless apply and the Adjustments shall be calculated in all respects as if the Supplier was liable for the GST imposed on such Supply and entitled to input tax credits properly allocated to the making of that Supply.
SCHEDULE 2
Easement Land Taken
County of Stanley, Parish of Bulimba - an area of 119 square metres being Easement N on SP241075, being over part of Lot 131 on RP12803 contained in Title Reference: 12533091.
Brisbane City Eastern Busway Stage 2 R13-2619(D) and SP241075 495/06070A
ENDNOTES
1. Made by the Chief Executive, Department of Transport and Main Roads, on 25 October 2013. 2. Published in the Gazette on 1 November 2013. 3. Not required to be laid before the Legislative Assembly. 4. The administering agency is the Department of Transport and Main Roads.
© The State of Queensland 2013 Copyright protects this publication. Except for purposes permitted by the Copyright Act, reproduction by whatever means is prohibited without prior written permission. Inquiries should be addressed to: Gazette Advertising, GPO Box 2457, Brisbane QLD 4001. ______BRISBANE 1 November 2013 [285]
Queensland Government Gazette Local Government PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 1 November 2013 [No. 48
City of Brisbane Act 2010 – Section 32 Sustainable Planning Act 2009 NOTICE OF MAKING THE MEETINGS AMENDING LOCAL LAW 2013 KOWANYAMA ABORIGINAL SHIRE COUNCIL FOR THE CITY OF BRISBANE AMENDMENT TO KOWANYAMA ABORIGINAL SHIRE PLANNING SCHEME (MINOR AMENDMENT) 1. Brisbane City Council (“Council”) has by resolution on 29 October 2013 made a local law entitled the Meetings The purpose and general effect of the planning scheme Amending Local Law 2013 (“the local law”). amendment is to amend the indicative flood extent and 2. The local law amends the Meetings Local Law 2001 and associated planning scheme outcomes affecting development repeals the Meetings Subordinate Local Law 2005 . within the Kowanyama township area. The amendment reflects more recently available information and primarily revises the 3. The local law will commence on 1 November 2013. indicative flood extent to 9.7m AHD. Colin Jensen, Chief Executive Officer This amendment will commence on 1 November 2013. A printed copy of the Kowanyama Aboriginal Shire Council Sustainable Planning Act 2009 Planning Scheme is available for viewing from Council and an KOWANYAMA ABORIGINAL SHIRE COUNCIL – ADOPTION OF electronic copy can be viewed and downloaded from Council’s THE PLANNING SCHEME website at www.kowanyama.qld.gov.au. Notice is given under the Sustainable Planning Act 2009 and Statutory Guideline 02/12: Making or amending local planning instruments, that on 13 July 2013, Kowanyama Aboriginal Shire Council adopted the Kowanyama Aboriginal Shire Council Planning Scheme. The Kowanyama Aboriginal Shire Council Planning Scheme is the first statutory planning scheme for the area and has been prepared with the involvement of the local community to reflect the future vision and planning intent for the Kowanyama Aboriginal Shire LGA, along with the State Government interests identified during the preparation of the Planning Scheme. Kowanyama Aboriginal Shire Council has resolved to adopt the planning scheme and that the Scheme is to have effect from 1 November 2013. A printed copy of the Kowanyama Aboriginal Shire Council Planning Scheme is available for viewing from Council and an electronic copy can be viewed and downloaded from Council’s website at www.kowanyama.qld.gov.au. © The State of Queensland 2013 Glenda Teede Copyright protects this publication. Except for purposes permitted by the Chief Executive Officer Copyright Act, reproduction by Kowanyama Aboriginal Shire Council whatever means is prohibited without prior written permission. Inquiries should be addressed to: Gazette Advertising, GPO Box 2457, Brisbane QLD 4001. ______BRISBANE 1 November 2013 286 QUEENSLAND GOVERNMENT GAZETTE No. 48 [1 November 2013
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Queensland Government Gazette General PUBLISHED BY AUTHORITY ISSN 0155-9370
Vol. 364] Friday 1 November 2013 [No. 49
Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 21(5) of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has been appointed and is registered as a Commissioner for Declarations. Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE Christopher George ADAMS Alice May GRAY Joan Louise NORRIS Phillip Leslie ADAMS Hugh Craig GRAY William Gerald NUTTING Rico ALBANESE Marian Kaye GREEN Fay Margaret O'DONNELL Robert Peter ALLARS Thomas Joseph GREEN Judith Maree O'DRISCOLL John Henry ALLEN Warren Philip GREINER Norma Kay O'HANLON Jeanette Ann ARNOLD Bronwyn GRICE Peter John O'NEILL Christina ASTON Helen Ann GRIFFITH Andrew Richard Geoffrey OPIE Kevin John AUSTIN Paul John GUTHRIE Robert Douglas PACKER Peter David BACKSTROM Harold Francis GUY Maree Hazel PARES Neville Edgar BAILEY Stewart Fairburn HALL Robert John PASSMORE John Francis BALDWIN Jenelle Ann HANCKEL Gregory PATERSON Phillip Glen BAMBRICK Ronald Ernest HANCOCK Beverley Diane PATON Catherine Maree BARKER Gary Allan HANDY Jillian Lesley PENNY Bevan Noel BATEMAN Ronald William HANSEN David Frederick PERRY Barry Lionel BECKETT Stacey Joy HARLAND David Ross PETERS Christine Margaret BELL Trevor Noel HARTLEY-INGHAM Bruce Julian PHILLIPS Stephan David BELL Lisa Maree HARVEY-HALL Terry PINDER Frederick Raymond BEVAN Jan Haldane HAVERFIELD Anthony Joseph POLGA Sharon Marie BIDMADE Bruce John HAWTHORN Robert George POOK John Charles BIRD Errol Wayne HAY Donald Bradman Arthur POSTLE Gary Page BIRKETT Peter Geoffrey HENDERSON Anthony Paul POULSEN Mark Roni BORELLINI Sandra Joy HEWITT Helen Margaret PRICE Raymond George BORG John Rex HOLDEN Fredrick Jeffery QUINE William Lewis BOUY Elaine Joan HOLMES Jody Sue REBERGER John Henry BOWMAN John Lewis HOLMES Janelle Rose REIKEN William John BRIGHTON Noel Peter HOOLIHAN Felix John REITANO Kelvin John BROOKS Dennis Patrick HOWARD Frank Neil RICHARDS Susan Kay BROUGH Rodney Allen HOWLETT-JONES Jenni Kay RICHARDS Edwin Cairncross BROWN Francis Thomas HUGHES Errol John RICKETTS Tammie Louise BROWN Michael Leslie HUMBLES Gerald Colin RIGBY Ian Leonard BULLOCK Craig Kenneth HUTLEY Narelle ROBERTS Maria Alexandra BURGESS Bret Thomas IRELAND John Kerin ROCKETT Arthur Victor BURKITT Donna Anne IRELAND Geoffrey Ross ROHAN Elizabeth Anne BUTLER Francis Richard Max IRELAND Brian Rae ROLLINSON Darryl David BYRNE Ross Elwyn IRWIN David Charles ROSS Garry John CALDWELL Kenneth Peter ISEPPI Madeline Dee ROSS Val Lois CANAVAN Wayne Conrad ISZLAUB Camron Neville RUDD Margaret-Anne Therese CARNIE Peter Athol JASPER-BATSON David Leslie RUSSELL Sherryl Ann CARR Neville Edward JENKINS Lorelle Margaret RUSSELL 288 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
Debbie Louise CARSON Hilary Robert JOHNSTON Patricia Constance RUSSELL Leonilda Maria CATANZARO Edward Hugh JONES Geoffrey William RUTHERFORD Graham James CAVE Leslie Franz JUDS Pedro Ignacio SALINAS Glenda Jean CERVELLIN Josephine Margaret KELLY Paul William SCALES Rodney James CHAFFEY Peter Douglas KELLY Sebastian SCHOENBERGER Graham John CHAPPLE John Gregory KERR Rebecca Jayne SCOTT Desmond Joseph CHILD James Edward KIME Janet Victoria SEETO Christine Elizabeth CHRISTENSEN Vicky Rose KINNA John Robert SELWOOD Patricia Elizabeth CHRISTENSEN Joan Rita KOSSEN Doreen Rose SEMPLE Hayley Anne CLAYTON Colleen Fay KRATZMANN Robert Francis SHAILER Cherie Gaye COCCIOLONE Paul Anthony KRAUSE John Mountjoy SHARP Lex Donald COCKRELL Bernadette Ann KREUTZER Phillip Raymond SHAW Colleen May CORSETTI Teresa Christine KROPP Daniel Vincent SHINE Julie COSIC Leonard Joseph KRUGER Edward James SINGLETON Pamela Elizabeth COUTTS Robert Arthur KUNDE Alan Thomas SLACK Barry George COX Allan Lloyd LEE Stanley Edward SLIPPER Richard Alexander Martin CRABB Ralph Andrew LEGGAT Anthony Robert SMITH Mary Leone CROPPER Richard John LEONARD Michelle Sandra SMITH Leanne Joy CURTIS Wanda Gladys LESTER Roy William SONNENBURG David Ian DAHL John Neville LEUTTON Robert SORBIE John Nelson DANIEL Brian LOBEGEIER Bronwyn Lee SPENCER Joanne Yvonne DANSIE Neville Keith LONG Melanie May SPYDA Frances Ann DAVIES Kaye Isabel LOUIS Andrew SQUIRES Trevor Keith DAVIS Noel Edward LOUIS Roslyn Beth STEHBENS Frans Karel DE LAAT Tamara Jade LOVERIDGE Ronald Alexander STEPHENSON Reginald John Charles DEAN Douglas John LUCAS Gerardus STEVENS Anna Maria DI VINCENZO Linda Jane LUCAS Francis Allan STEVENSON Geoffrey Andrew DICK Neil Stewart LUCAS Peter Clyde STEWART Donald William DICKIE Joan Myrl LUDGATER Robert Mitchell STEWART Bryan Leslie DOLLAR William Francis LYNN Kenneth Glen STOODLEY Brian Raymond DONNELLY Rodney Donald MACKAY Carolyn Joy SYBENGA Carmel Margaret DORNEY Ian James MACLENNAN Janet TAFFIJN Barry William DOVE Kerrie Ann MALLETT Janice Heather TAYLOR Julie Elizabeth DOVER Elizabeth Michelle MARTIN Robert THOMAS Lachlan Grant DREAVER John Hugh MARTIN Lyndal Jane THOMPSON Benjamin David DRIESSEN Noeleen Frances MARTIN Rinze Johannes VELDMAN Sandra Dawn DUNCALFE Sandy Teana MARTINDALE John Alfred Andrew WALKER William Ray DURHAM Ross David MATHIE William George WALKER Mark Thomas DWYER Patricia Ann MCCARRON John William WARREN Samuel Edward DYE Margaret Helen MCFADZEN Tomas Colin WATERS Lionel Geoffrey EAMES Robert John MCGUIRE John Henry WATT Paul Gordon EDDLESTON Robin Heather MCILWAIN Christopher Henry WEEKS Brendan Alexander EKAS Neville Henry MCKAY Jennifer Leigh WEGENER Sandra Kathleen EVANS Elwyn Doreen MCKEE Henry Alfred WHEELER Kenneth John EVERNDEN Jose Lynn Hamilton MCPHERSON John WHEELER Neville FORBES Robert Alexander MCPHERSON Mary-Anne Kathleen WHEELER Constance Maria FRIMMER Anthony Robert MELDON Geoffrey Edward WHEELEY Susan Kendall GADE Elaine Mary MESKEN Robin Charles Brackley WHELAN Frank Ralph GALLO Michelle Margaret MILLS Cheryl Marie WILKINSON Peter Thomas GARBETT Donald Thomas MITCHELL Ivan Hilary WILLIAMS Steven Leslie GARDNER Colin Edward MOFFAT Peter Niven WILSON Ross Kingsley GASCOINE Anne Elizabeth MORAN David Alexander WITTEN Geoffrey Edgar GATES Coral Mary MORGAN Dorothy Jean WOODFORD Wendy Jean GEORGESON Elizabeth Finlayson MORTON John Philip WRIGHT Helena Constance GIBSON Craig Stephen MURRAY Jennifer Anne WUNSCH Kenneth Alexander GILBERD Pat NAIDOO Anthony Raymond YOUNG James Arthur GILMOUR Alfred Harding NEWBERRY Karen Claire ZINN Gordon John GOEBEL Daniel Geoffrey NEWTON Christopher Michael GOLDEN Archibald NICHOLSON Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 23 of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has resigned as a Commissioner for Declarations. Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE Donald Keith FRASER Aspacia KENTROTIS Ian Charles REDDIE Stanley Cummings HARLOW Lesley Frances NICOL 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 289
Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 23 of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has resigned as a Justice of the Peace (Commissioner for Declarations). Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE William Rankin BIRMINGHAM Geoffrey Thomas HUTSON John Junior TOMLEY Pamela Adele FLEISCHFRESSER Narelle Lloyd MCKEOWN Arthur Lawrence VOLZ Margaret Mary GENNINGES Gregory James SIMPSON Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 24(1) of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has been revoked as a Justice of the Peace (Commissioner for Declarations). Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE Gloria Elizabeth HANDLEY Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 21(5) of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has been appointed and is registered as a Justice of the Peace (Qualified). Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE Brenda Lea AVENT Kathleen ISON David Alan PICKERING Duane Michael BAKKER Raymond Percival White JELL Noeline Anne PITT Gregory Norman BEALE Neal William Anthony JENKINS Joe PODOBNIK Kenneth Crawford BENNETT Norman John JIMMIESON Robin Alan POTTER Donald Malcom BLOOMFIELD Todd Austen KATHAGE Brett John QUALISCHEFSKI Elaine Olive BUCKFIELD David John KAY Anthony David QUINTNER Kristine Florence BURROWS Nigel Howard KING Brian John REID Linda Janet BYRNE Richard John LAKE Peter William REID Suellen Margaret BYRNE Colin Andrew LEES Robert Allen REUBEN Daniel John CASEY Thomas James LEW Brian RICHARDSON Jeffrey Alan CHEALES Lorres Michelle LITFIN Anthony Daniel John RIGBY Richard Philip CONDER Douglas Edwin LLOYD Kay Rhonda ROPER John Thomas COOPER Kit Bing LOWE Roger Phillip RUHLE Christina Louisa COWLEY Michael Patrick Thomas LUNNEY Bernard John RYAN Ian James CREIGHTON Robert Noel LYNAM Noel Malcolm SANDSTROM Trevor John DARNELL Ralph Maxwell MCAULEY-WHITE Gregory Michael SCALIA Kim Elizabeth DAVIES Lyndal Joanne MCCARTHY Brian John SCOTT Alison DESMOND Stuart Craig MCGREGOR Leslie James SCOTT Alan Reginald DORBER Robert John Charles MCINTYRE Maria Elisabeth SHIELD Michael Gerard DOWLING Brian Joseph MCKENDRY Richard Edward SIEBERT George Richard DUNSTAN Roslyn Ann MCKIERNAN Clive Donald SINNAMON Michelle Tracey EATON Barry Gordon MCPHERSON Barbara Josephine SLATER John Victor EDWARDS Bruce Fergus MEERS David Alan SMITH Kate Elizabeth EGGAR Gary James MENYWEATHER Donna Maria SMITH Suzanne Robyn GIBSON Karen Ann MILLAR Anthony John SMITS Gregory Russell GOEBEL Michael Houghton MILNE Stephen Charles STONE Barry David GOODWIN Gordon John MILNER Peter Norman SWEEPER Alexander James GOW Neil John MITCHELL Bronwyn Robyn THOMAS Edward Maxwell GREEN David Neil MORRISON Brian Noel THOMPSON John James GUGLIELMI Petra Myree MOULD Allan Norman TRENAMAN Cecil William HAMLEY Ian Douglas MULLER Ronald John TYAS Leo Damian HANSEN Meryll Jan MULLER Victor Alexander URE Carl Raymond HATTE Steven James MULLER Linda Mary VENN Ronald Hilary HENDERSON Parma NAND Allan VERRAN Neal Gregory HIGGS Albert James NIX Allan John Frederick WALKER Malcolm George HINE Lyster Charles Townley NORTH William Lindsay WARWICK John Lawrence HOLLAND Gordon John NORTHCOTT Dorothy Jane WATTS Kaley Anne HONEYMAN Phillip John O'CALLAGHAN Joy Cecilie WHITE William David HOOKER Ian OLSSON Bruce Edward WHITTLE 290 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
Lynette Joyce HOOPER John Keith PAGE Colin Derek WILLIS David Gavin HOSKING Bronwyn Evelyn PALMER Kevin John WOOSNAM Harry John HOWCHIN Emma Mair PARKER Janet Ann YOUNG Clifford John HUGHES John Alexander PERCEY Rodney Thomas HUNTINGTON Gordon PERLIC Department of Justice and Attorney-General Brisbane, 30 October 2013 It is notified that, pursuant to Section 23 of the Justices of the Peace and Commissioners for Declarations Act 1991, each of the persons whose name appears in the schedule hereunder has resigned as a Justice of the Peace (Qualified). Damien Mealey Registrar and Manager Justices of the Peace Branch THE SCHEDULE Jacqueline Jean BROOKS Karen HART Thomas Joseph DENSON Kirsten Anne MAKHECHA
Department of Education, Training and Employment ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES Brisbane, 1 November 2013 (JUSTICE, LAND AND OTHER MATTERS) REGULATION 2008 (JUNKURI LAKA COMMUNITY JUSTICE GROUP) Her Excellency the Governor, acting by and with the advice of NOMINATION NOTICE (No. 1) 2013 the Executive Council and under the Griffith University Act 1998 has approved on 31 October 2013 that Mr Ian Alderdice, Short Title Mr Mark Gray, Mr Garry Redlich, Ms Ann Robilotta-Glenister, 1. This notice may be cited as the Aboriginal and Torres Strait Mr Henry Smerdon AM, Ms Rhonda White and Mr Clinton Dines Islander Communities (Justice, Land and Other Matters) be appointed as members to the Council of Griffith University Regulation 2008 (Junkuri Laka Community Justice Group) from 31 October 2013 for a term of four years. Nomination Notice (No. 1) 2013. JOHN-PAUL LANGBROEK MP Nomination of members 2. Pursuant to sections 1, 5 and 6 of Schedule 10 of the Aboriginal and Torres Strait Islander Communities (Justice, NOTICE Land and Other Matters) Regulation 2008 each recognised main Indigenous social grouping whose name appears Premier’s Office hereunder has nominated the persons set out opposite its Brisbane, 1 November 2013 name to represent them on the Junkuri Laka Community Her Excellency the Governor directs it to be notified that, acting Justice Group. under the provisions of the Constitution of Queensland 2001, she Appointment of members has appointed the Honourable John-Paul Honore Langbroek MP, 3. Pursuant to section 20(1A) of the Aboriginal and Torres Strait Minister for Education, Training and Employment to act as, and Islander Communities (Justice, Land and Other Matters) Act to perform all of the functions and exercise all of the powers of, 1984 each of the persons whose name appears hereunder is Minister for Science, Information Technology, Innovation and the appointed as a member of the Junkuri Laka Community Arts from 2 November 2013 until the Honourable Ian Bradley Justice Group. Walker MP returns to duty. Recognised main Indigenous Name of persons CAMPBELL NEWMAN MP social grouping nominated PREMIER Historical Annie Chong Historical Mary Cameron NOTICE Historical Bobby Thompson Premier’s Office Yungal Hugh Ben Brisbane, 1 November 2013 Kiadilt Roger Kelly As Premier, I notify that, acting under the provisions of the Constitution of Queensland 2001, I have appointed the Lardil (Leeward) Sean Linden Honourable Scott Anthony Emerson MP, Minister for Transport Lardil (Leeward) Bradley Wilson and Main Roads to act as, and to perform all of the functions Lardil (Windward) Richard Roughsey and exercise all of the powers of, Minister for Health from Lardil (Windward) Louisa Roughsey 4 November 2013 until the Honourable Lawrence James Springborg MP returns to duty. Withdrawal of members 4. Pursuant to section 5 of Schedule 10 of the Aboriginal and CAMPBELL NEWMAN MP Torres Strait Islander Communities (Justice, Land and Other PREMIER Matters) Regulation 2008 each of the persons whose name appears hereunder has withdrawn their nomination as a member of the Junkuri Laka Community Justice Group. Recognised main Indigenous Name of persons social grouping withdrawn Historical Ila Amini Yungal Robyrta Felton 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 291
ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) REGULATION 2008 (JUSTICE, LAND AND OTHER MATTERS) REGULATION 2008 (MAPOON COMMUNITY JUSTICE GROUP) (YARRABAH COMMUNITY JUSTICE GROUP) NOMINATION NOTICE (No. 1) 2013 NOMINATION NOTICE (No. 1) 2013 Short Title Short Title 1. This notice may be cited as the Aboriginal and Torres Strait 1. This notice may be cited as the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Islander Communities (Justice, Land and Other Matters) Regulation 2008 (Mapoon Community Justice Group) Regulation 2008 (Yarrabah Community Justice Group) Nomination Notice (No. 1) 2013. Nomination Notice (No. 1) 2013. Nomination of members Nomination of members 2. Pursuant to sections 1, 5 and 6 of Schedule 9 of the Aboriginal 2. Pursuant to sections 1, 5 and 6 of Schedule 19 of the and Torres Strait Islander Communities (Justice, Land and Aboriginal and Torres Strait Islander Communities (Justice, Other Matters) Regulation 2008 each recognised main Land and Other Matters) Regulation 2008 each recognised Indigenous social grouping whose name appears hereunder main Indigenous social grouping whose name appears has nominated the persons set out opposite its name to hereunder has nominated the persons set out opposite its represent them on the Mapoon Community Justice Group. name to represent them on the Yarrabah Community Justice Group. Appointment of members 3. Pursuant to section 20(1A) of the Aboriginal and Torres Strait Appointment of members Islander Communities (Justice, Land and Other Matters) Act 3. Pursuant to section 20(1A) of the Aboriginal and Torres Strait 1984 each of the persons whose name appears hereunder is Islander Communities (Justice, Land and Other Matters) Act appointed as a member of the Mapoon Community Justice 1984 each of the persons whose name appears hereunder is Group. appointed as a member of the Yarrabah Community Justice Group. Recognised main Indigenous Name of persons social grouping nominated Recognised main Indigenous Name of persons social grouping nominated Taepathiggi Social Group Beryl Estelle Woodley Sandra Kylie Ase Yindinji Carmel Petronella Canendo Robyn Canendo Tjungundji Indigenous Geraldine Alma Vida Mamoose Valda Miller Social Grouping June Noble Warrangku Indigenous Neomi May Roseblade Belita Faye Kynuna Social Grouping Delora Naomi Nixon Henry Theodore Miller Deon Ernestine Rose Pearson Yupungathi Indigenous Daphne Shirley Barkley Social Grouping Historical Cheryl Flanders Darryl Gibson Historical Residents Zoe Evelyn Valerie de Jersey David John Baird Indigenous Social Grouping Daphne Heather de Jersey Drew John Dangar Mapoon Women’s Group Delena Zoe Driscoll Fiona Patterson Sheree Peta Jia Gungaandji Lucy Rodgers Mapoon Men’s Group Willie Collis Pitt Ase Desma Yeatman Reginald Rickardo Guivarra Olive Barlow Stanley Maurice de Jersey Davida Meredith Schrieber Western Cape College Christine Margaret Cooktown Gurriny Yealmucka Suanne Sands (Good Health) Service Mapoon Primary Health Sharon May Booth Aboriginal Corporation Care Centre Yarrabah Aboriginal Josephine Murgha Withdrawal of members Corporation For Women 4. Pursuant to section 5 of Schedule 9 of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other The Chief Executive of the Nanette Sands Matters) Regulation 2008 each of the persons whose name department Administering appears hereunder has withdrawn their nomination as a the Health Services Act 1991 member of the Mapoon Community Justice Group. Withdrawal of members Recognised main Indigenous Name of persons 4. Pursuant to section 5 of Schedule 19 of the Aboriginal and social grouping withdrawn Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 2008 each of the persons whose name Tjungundji Social Group Josephine Roslyn Samson-Narara appears hereunder has withdrawn their nomination as a Vivien Charles Swain member of the Yarrabah Community Justice Group. Historical Residents of the Andrewina Hudson (deceased) Recognised main Indigenous Name of persons community government area Pricilla Joan Hudson social grouping withdrawn of the Mapoon Shire Council Historical James Thomas The Mapoon Aboriginal Tani Rena Ngala Ling Brian Connolly Shire Council Debra Susan Jia Kerry Ann Kynuna Alice Yeatman The Mapoon Men’s Group Cameron Wallace Hudson Ian Ngallametta Gungaandiji Darryl Murgha Alexander Richard Bond David Patterson Yindinji Devita Sands Michael Sands (Snr) Shirlene Murgha Yarrabah Seahawks Harvey Thomas Rugby League Football and Sports Club Aboriginal Corporation 292 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
DIRECTIVE No. 15/13 Supersedes:1/10, 5/11 & 6/11
Commission Chief Executive Directive: Recruitment and Selection
1. Purpose:
To specify the requirements applying to the recruitment and selection of public service employees.
2. Effective date: 1 November 2013
3. Legislative provisions:
Sections 8, 9, 25 - 30, 53, 98, 99, 110, 119-222 of the Public Service Act 2008 (PSA)
4. Application:
Unless otherwise stated, this directive applies to public service employees as defined in s9 of the PSA.
This directive does not apply to the recruitment and selection of chief executive officers.
5. Previous references:
Directives 3/09, 4/06, 1/04, 1/03, 30/99, 10/98, 8/98 and 5/97
6. Related information:
Public Service Commission (PSC) recruitment and selection templates
Directives relating to employees requiring placement and temporary employment
PSC best practice guide for senior executive service recruitment and selection
Guideline on appointment to senior executive service positions
Policy on disclosure of previous employment as a lobbyist
DIRECTIVE
7. Principles 7.1 The recruitment and selection of public service employees must be in accordance with the merit principle and criteria prescribed in sections 27 and 28 of the PSA and directed towards attracting and retaining a diverse and skilled workforce, drawn from government and non-government sectors (see sections 25 and 99 of the PSA).
7.2 Recruitment and selection occurs within the context of broader workforce planning, with chief executives responsible for determining what staffing resources and capabilities are required to achieve their service delivery goals. This may include reviewing current and future capability requirements and funding availability ahead of advertising. 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 293
8. Role evaluation 8.1 Unless an alternative is approved by the Commission Chief Executive (CCE) of the PSC, a role evaluation for the purpose of determining the work value and applicable classification level must be undertaken in accordance with the Queensland Public Sector Job Evaluation Management System (JEMS). 8.2 A role evaluation is not required to be undertaken for levels 1 and 2 of the professional and technical streams as these levels exist for the purpose of fulfilling education and training requirements prior to appointment to the level of practising professional or technical officer.
9. Vacancy advertisement and exemptions from advertising 9.1 The filling of a vacancy must first comply with the directive relating to employees requiring placement. 9.2 Prior to filling a Senior Executive Service (SES) vacancy or s122 vacancy to be remunerated equivalent to an SES classification, for a period greater than six (6) months, a chief executive must consult with the PSC about their proposed recruitment and selection strategy. 9.3 Attracting and retaining a diverse and skilled workforce is generally best supported by advertising vacancies to the open market. As such, subject to clauses 9.6 and 9.7, vacancies must be advertised in a way that maximises quality applicant pools. The minimum requirement is that positions are advertised for a period of 10 working days (exclusive of the Christmas-New Year closure period) on the Smart Jobs and Careers website, or in the case of vacancies for graduate roles or graduate development programs, the Queensland Government graduate website. Acceptance of applications submitted after advertising closes is at the discretion of the panel. 9.4 The following information must be provided when a vacancy is advertised1: (a) a description of the duties to be undertaken and the key capabilities2 against which applicants’ merit will be assessed (b) any mandatory qualifications or conditions including, if a chief executive has designated a role as an identified role, the mandatory attribute(s) applicants must possess to be eligible for appointment (c) the location and duration of the vacancy/ies (e.g. permanent, temporary etc) (d) any pre-employment checks (including disciplinary history and criminal history) that may be undertaken (e) any probationary period which may apply (f) information regarding the obligations of newly appointed public service employees to disclose employment as a lobbyist. 9.5 Information on classification and/or salary range may also be included, however agencies may elect to seek applicants’ expressions of desired salary range, particularly where a range of roles are vacant. Salary payable remains tied to the relevant classification level and applicable industrial instrument. 9.6 Vacancies are not required to be advertised where they are: (a) for entry level roles (b) to be filled for a period of less than 12 months (c) to be filled via transfer, redeployment or secondment at or below level (d) to be filled using an order of merit for a recurring vacancy (e) for a casual role.
1 Chief executives are responsible for determining whether this information is included on the ad itself or in provided material such as a role description. 2 For executive roles, capabilities should align with the QPS Leadership Competencies.
Directive 15/13 Page 2 of 6 294 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
9.7 A chief executive may exempt a vacancy from advertising or elect to limit the advertising only where they consider there is justification for doing so. In determining whether to exercise their discretion under this clause, the chief executive must consider: (a) their obligations under the PSA, including the effective and efficient use of resources (s98), adherence to the management and employment principles (s99), the attraction of a diverse workforce (s25) and the provision of equality of employment opportunity (s30)
(b) how merit will be assessed should an exemption be approved
(c) whether an advertised vacancy process occurred previously3
(d) whether the role classification or nature (e.g. temporary to permanent) has changed, including as part of a progressional scheme
(e) whether exemption from or limited advertising will prevent the displacement of existing permanent public service employees
(f) what impact, if any, would there be on the achievement of the department’s service delivery outcomes.
10. Merit assessment and decisions 10.1 Merit assessment must occur irrespective of whether a vacancy is advertised or not. Subject to clause 10.2, chief executives are responsible for determining the activities required to assess merit.
10.2 Assessment processes for advertised vacancies must: (a) incorporate selection techniques that enable a sufficiently comprehensive assessment of the applicants’ merit within the current context and duties of the role;
(b) take into consideration all merit information before the selection panel, rather than focusing on one aspect of the assessment process (e.g. interview performance);
(c) incorporate pre-employment checks (including referee checking) as per clause 11;
(d) measure the relative merit of each applicant; and
(e) be consistent with the principles of employment equity and anti-discrimination.
10.3 Selection decisions for advertised vacancies must be clearly documented and able to be independently reviewed, including a statement explaining the basis on which the panel has concluded that the recommended appointee is the most meritorious (i.e. has demonstrated superior merit against the key attributes of the role as compared to the other applicants).
10.4 Chief executives must determine the documentation required for selection decisions for non- advertised vacancies, having regard to the nature and duration of the vacancy.
10.5 If the selection panel recommends an order of merit, a comparative statement clearly describing the specific reasons why each recommended applicant is considered to be more meritorious than the next in the order of merit, must be provided.
10.6 In approving an appointment, the decision maker (delegate) must be satisfied the proposed appointee is the most meritorious and (where applicable) the selection process complies with the PSA and this directive.
10.7 Selection decisions and notification of outcomes must take place in a timely manner. To facilitate this, panels should be formed and selection strategies determined prior or concurrent to advertising. A vacancy advertisement will lapse if no appointment is made within six months of the closing date of the vacancy.
3 E.g. if a role becomes vacant again within a few months of a previous process
Directive 15/13 Page 3 of 6 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 295
11. Pre-employment checking (including referee checks) 11.1 Pre-employment checking offers the opportunity to gain further information to assist in the panel’s assessment of applicants and/or to validate the panel’s assessment.
11.2 Referee checking relating to an applicant’s work behaviour and performance (including seeking the referee’s knowledge about past performance assessments and past serious disciplinary action) must be conducted. The panel is responsible for determining when, during the selection process, referee checking is to be conducted.
11.3 At a minimum, referee checking must be conducted in relation to the applicant(s) recommended for appointment and (where applicable) on an order of merit. Referee checking for other applicants is at the discretion of the panel.
11.4 Unless there are extenuating circumstances, at least one referee must have thorough knowledge of the applicant’s conduct and performance within the previous two years. Where an applicant is a current or previous public service employee, the panel should give particular consideration to requesting the applicant nominate a referee who can report on their public service employment.
11.5 Referees must provide an honest account of an applicant’s performance and workplace conduct relevant to the role. For referees who are existing public service employees, the omission of relevant information or the provision of untruthful information by a referee to the referee’s own agency or to another agency may result in a discipline process being commenced.
11.6 Where a selection panel believes there are referees other than those nominated by the applicant who hold information relevant to the selection decision, a selection panel may contact the applicant for additional referees. Where an applicant declines, the panel must make its recommendation on the information before it.
11.7 The timing and extent of any other pre-employment checks, such as serious discipline history disclosure by the applicant (s179A of the PSA), exchanges of information between departments (s188B of the PSA) or eligibility to work in Australia, is at the discretion of the panel. The nature, seriousness and timeframe of the disciplinary history, including whether it shows a pattern of behaviour, and any impact on the duties and responsibilities of the role applied for, must be considered when determining what impact, if any, there is on the applicant’s suitability for the role, with such considerations reflected in the selection report.
11.8 Criminal history checks must be conducted in accordance with the PSA (Chapter 5, Part 6) and any relevant directive.
12. Dealing with adverse information that may affect the selection outcome 12.1 The selection panel is responsible for assessing the relative merit of applicants based on the information available to them. In some instances, this may include adverse information, as a result of a pre-employment check or through panel members’ pre-existing knowledge of an applicant. Where adverse information is taken into account by the panel such that it adversely affects the proposed selection outcome (recommendation/s for appointment), the information must be put to the applicant for response. Any response from the applicant must be documented and considered by the panel ahead of making their final recommendation.
13. Post selection feedback 13.1 Subject to clause 13.2 all applicants are to be advised that they may request feedback.
13.2 Graduate applicants who are interviewed are to be advised they are entitled to request feedback.
13.3 Applicants who request feedback must receive timely, specific and constructive feedback from a member of the selection panel sufficient to explain the panel’s recommendation / decision maker’s (delegate’s) decision.
Directive 15/13 Page 4 of 6 296 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
14. Gazette notification 14.1 The following appointments must be notified in the Gazette within one month of the appointment decision:
(a) all senior executive and senior officer appointments from an advertised vacancy
(b) promotions of tenured public service officers from an advertised vacancy
(c) promotions of tenured public service officers arising from the use of the recurring vacancy provision.
15. Reporting 15.1 Chief executives are required to report on the implementation of this directive as requested by the CCE of the PSC.
16. Dictionary Unless otherwise provided, the definitions contained in the PSA apply.
Appoint means to employ a public service officer, general employee or temporary employee covered by this directive.
Entry-level roles, in relation to the Queensland Public Service Award – State 2012 are those roles at classification levels 1 and 2 of the administrative, technical, professional and operational streams. A role at classification level 3 of the operational stream may also be considered entry-level where the role does not represent a career path for staff of the agency and the role has no supervisory responsibility.
In relation to other industrial instruments, entry level roles are the lowermost classification level of a specific stream or classification structure, provided that the base superannuable salary of that classification level (not including loading or allowances) does not exceed the equivalent of AO5(4) of the Queensland Public Service Award – State 2012.
For roles that exceed the salary equivalent of AO5(4) of the Queensland Public Service Award – State 2012, entry-level roles are the base classification level or levels determined by the chief executive and approved by the CCE.
Gazette is the Queensland Government Gazette.
Graduate is a person who has recently been recognised by a university as having completed the requirements of a bachelor degree or higher degree.
Graduate development program is a formal program designed for the recruitment, selection and development of graduates. The program is operational for a minimum of 12 months and is considered a workforce planning strategy to attract and retain specialist graduate skills.
Graduate role is a role up to and including the AO3 classification level (or equivalent) designated by a chief executive officer to be filled by a graduate.
Identified role is a position in relation to which it is lawful to discriminate in favour of a person possessing one of the attributes set out in section 7 of the Anti-Discrimination Act 1991 for the purpose contained in section 25 of that Act.
Mandatory conditions are inherent requirements of the role and can include certain classes of drivers’ licence, statutory restrictions, any requirement for the appointee to undertake regular travel etc.
Directive 15/13 Page 5 of 6 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 297
Mandatory qualification means a qualification that is essential for the occupant of a role to hold in order to comply with an industrial instrument or to satisfy legal, accreditation or registration requirements or where a chief executive determination has been made. A chief executive may make a determination in relation to any role within their agency, provided that before making a determination (and where applicable) the chief executive consults with any agencies that have roles identical or substantially similar to that proposed to have mandatory qualifications attached and with the CCE of the PSC.
Recurring vacancy means a vacancy that is identical to the original vacancy in terms of title, remuneration, classification level and role description, provided the appointment is made within 12 months of the closing date of the original vacancy.
A recurring vacancy also means a similar vacancy provided that the classification level, remuneration and key capabilities are the same as the original vacancy and the role requirements are similar and the advertisement included a note that applications may be used to appoint to similar vacancies for a specified period up to 12 months after the closing date of the initial vacancy.
In applying the recurring vacancy provision, a temporary appointment may be made from a vacancy advertised as permanent however a permanent appointment cannot be made from a vacancy advertised as temporary.
Selection panel means the person or persons responsible for conducting the assessment of applicants and making a recommendation about appointment to the decision maker (delegate). For SES vacancies, the panel must include one member from outside the Ministerial portfolio. While it is not prohibited, the decision maker should generally not be a member of the selection panel.
Serious disciplinary action has the meaning set out in s179A of the PSA.
Directive 15/13 Page 6 of 6 298 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
NOTIFICATION OF THE FILLING OF ADVERTISED VACANCIES
The following appointments to various positions have been made in accordance with the provisions of the Public Service Act 2008 .
NOTIFICATION OF THE FILLING OF APPOINTMENTS PART I
A public service officer, tenured general employee or a tenured public sector employee of a public sector unit listed in schedule 1 of Public Service Regulation 2008 who wishes to appeal against a promotion listed in Part 1 must give a written Appeal Notice within 21 days following gazettal of the promotion to –
Industrial Registrar Industrial Registry Email: [email protected] Web Address: www.qirc.qld.gov.au for Appeal Notice
For general enquiries prior to lodgement of an appeal: Contact PSC Advisory Service 1300 038 472 or email [email protected]
APPOINTMENT PART I - APPEALABLE
Reference Vacancy Date of Name of Appointee Previous Position and Classification Number Appointment (Unless otherwise indicated) Agriculture, Fisheries and Forestry
24806/13 Manager, Agriculture Fisheries and Date of duty Regan, David Team Leader, ICT Security Forestry, Corporate, Information and Management, Security Networks and Technology Partners, Infrastructure Data Centre Management, Services, Security Networks and Data Infrastructure Services, Information Centre Management, Brisbane (AO8) and Technology Partners, Corporate, Brisbane (AO8) Communities, Child Safety and Disability Services
# 25283/13 Administration Officer, Maryborough Date of duty Tomlin, Simone Administrative Officer, Maryborough Disability Service Centre, Disability and Disability Service Centre, Disability Community Service, Region – Central, and Community Services, Region Maryborough (AO3) – Central, Maryborough (AO2)
# Amended- previously gazetted 11-10-2013 under incorrect Surname. Community Safety
16949/13 Roster Officer, Lotus Glen Correctional 17-10-2013 Waring, Teresa Administrative Officer, Lotus Glen Centre, Custodial Operations, Correctional Centre, Custodial Queensland Corrective Services, Operations, Queensland Corrective Mareeba (AO3) Services, Mareeba (AO2)
16534/13 Correctional Supervisor, Brisbane 09-12-2013 Russell, Marie Activities Officer, Brisbane Women’s Women’s Correctional Centre, Correctional Centre, Custodial Custodial Operations, Queensland Operations, Queensland Corrective Corrective Services, Wacol (CO2) Services, Wacol (CO1)
16929/13 Administration Officer Stores, Brisbane Date of duty Farrell, Scott Administrative Officer, Wolston Correctional Centre, Custodial Correctional Centre, Custodial Operations, Queensland Corrective Operations, Queensland Corrective Services, Wacol (AO3) Services, Wacol (AO2) Education, Training and Employment
NQR Principal Advisor, Education Services, 07-10-2013 Mossop, Pauline Principal Education officer, Student 10261/13 Townsville Regional Office, North Services, North Queensland Region, Queensland Region, Education Education Queensland Division, Queensland Division, Townsville (AO8) Townsville (AO7) 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 299
APPOINTMENT PART I - APPEALABLE
Reference Vacancy Date of Name of Appointee Previous Position and Classification Number Appointment (Unless otherwise indicated)
DSR Business Services Manager, Murgon 14-10-2013 Smith, Nanette Administrative Officer, Murgon State 10365/13 State School, Darling Downs South School, Darling Downs South West West Region, Education Queensland Region, Education Queensland Division, Murgon (AO3) Division, Murgon (AO2)
NQR Business Services Manager, 14-10-2013 Barkworth, Christian Administrative Officer (AAEP), 10271/13 Millchester State School, North Millchester State School, North Queensland Region, Education Queensland Region, Education Queensland Division, Townsville (AO3) Queensland Division, Townsville (AO2) Energy and Water Ombudsman Queensland
EWOQ Team Leader – Investigation and 08-10-2013 Webster, Robert Jason Investigation and Conciliation 106/13 Conciliation, North Queensland Region, (Jason) Officer, North Queensland Region, Cairns (AO6) Cairns (AO5) Environment and Heritage Protection
# 25393/13 Executive Officer, Southern Region, Date of duty Brown, Joanne Environmental Officer, Sunshine Environmental Services and Coast, Environmental Services East, Regulation, Brisbane (AO7) Southern Region, Environmental Services and Regulation, Maroochydore (AO4)
# Amendment - previously Gazetted 27-09-2013 under incorrect Department. GasFields Commission Queensland
GFCQ Project Officer, Toowoomba (AO5) 04-10-2013 Hoffman, Michelle Administration Officer, Department 03/13 of State Development, Infrastructure and Planning, Toowoomba (AO3) Justice and Attorney-General
16538/13 Legal Officer, Strategic Policy, Strategic Date of duty Molomby, Katherine Legal Officer, Strategic Policy, Policy, Legal and Executive Services, Strategic Policy, Legal and Executive Brisbane (PO3) Services, Brisbane (PO2)
16887/13 Senior Business Development Officer, Date of duty Robinson, Emma Business Development Officer, Business Development, Practice Louise Business Development, Practice Management Branch, Crown Law, Management Branch, Crown Law, Brisbane (AO5) Brisbane (AO3)
16648/13 Manager, Liquor, Gaming and Fair Date of duty Page, Rodney Senior Investigation Officer, Liquor, Trading, Office of the Fair Trading, State Gaming and Fair Trading, Office of Wide Operations, Rockhampton Office, the Fair Trading, State Wide Rockhampton (AO7) Operations, Rockhampton Office, Rockhampton (AO5) Natural Resources and Mines
25467/13 Senior Mining Registrar Assessment, Date of duty Wilkings, Sharon Land Officer, Land Allocation and Mining and Petroleum Operations, Sales, Land Services, North Region, Mining and Petroleum, Mines and Service Delivery, Natural Resources Energy, Parkhurst, Rockhampton (AO6) and Mine, Rockhampton (AO4)
25469/13 Principal Mining Registrar Assessment, Date of duty Farrell, Shannon Lea Senior Vegetation Management Northern Region, Mining and Petroleum Officer, Vegetation Management, Operations, Service Delivery, Natural Resource Assessment, Land Townsville (AO7) Services, North Region, Service Delivery, Townsville (AO6) 300 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
APPOINTMENT PART I - APPEALABLE
Reference Vacancy Date of Name of Appointee Previous Position and Classification Number Appointment (Unless otherwise indicated) Public Trust Office
PT Principal Public Trust Officer, Client Date of duty Klewin, Mark - Senior Public Trust Officer, Client 16/13 Services, Brisbane (AO5) Hendryck Services, Public Trust Office, Brisbane (AO4) Queensland Treasury and Trade
25627/13 Statistician, Economic and Structural Date of duty Harvey, Miranda Executive Assistant, Business Policy, Government Statistician, Data Support, Data and Business and Business Services, Business Services, Government Statistician, Applications, Brisbane (AO5) Economic and Structural Policy
23954/13 Senior Collations Officer (Level 2), Date of duty Campbell, Maxwell Senior Collections Officer (Level 1), Office of State Revenue, Collections, Office of State Revenue, Collections, Business Debt, Brisbane (AO6) Business Debt, Brisbane (AO5) Science, Information Technology, Innovation and The Arts
16838/13 Executive Liaison Officer, Government Date of duty McNab, Bevnya Project Support Officer, Program Wireless Network (GWN) Contract Delivery, Solutions Implementation, Directorate, General Managers Office, General Manager’s Office, CITEC, CITEC, Brisbane (AO5) Brisbane (AO4)
NOTIFICATION OF THE FILLING OF APPOINTMENTS PART II
Appointments have been approved to the undermentioned vacancies. Appeals do not lie against these appointments.
APPOINTMENTS PART II - NON-APPEALABLE
Reference Vacancy Date of Appointment Name of Appointee Number Health
HSCI Data Linkage Liaison Officer, Statistical Analysis and 11-10-2013 Bak, Irene 08636/13 Linkage Team, Health Statistics Unit, Health Systems Innovation Branch, Health Service and Clinical Innovation Division, Brisbane (AO4)
HSCI Assistant Data Linkage Officer, Statistical Analysis and 09-10-2013 Van Schalkwijk, Junko 08246/13 Linkage, Health Statistics Unit, Health Systems Innovation Branch, Health Service and Clinical Innovation Division, Brisbane (AO2)
HSCI Principal Analytical Research Officer, Nursing and 16-10-2013 Webster, Julianne 09413/13 Midwifery Office Queensland, Health Service and Clinical Innovation Division, Herston (AO7)
HSSS Executive Support Officer, Human Resources Strategy 14-10-2013 Lias, Caroline 08605/13 and Planning, Human Resource Services, System Support Services Division, Brisbane (AO4) Natural Resources and Mines
25496/13 Geoscience Manager - Greenfields Prospectivity, Date of duty Donchak, Paul Geological Survey of Queensland, Policy and Program Support, Brisbane (SO) 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 301
Government and Public Notices In the Gazettes as from 1 July 2013 includes 2.4% CPI increase
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Vacancies Gazette is no longer published - Appointment Notices now appear within the General Gazette
General Gazette - Full Page Text Formatted electronic files or E-mail (must be compatible) $ 227.77 $ 22.78 $ 250.55 Formatted electronic files or E-mail (that require formatting to make compatible) $ 264.06 $ 26.41 $ 290.47
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Submission Deadlines: Departmental Appointment Submissions - Part I & Part II before 12 noon on Tuesday General Gazette Submissions before 12 noon on Wednesday Local Government Gazette Submissions before 12 noon on Wednesday Extraordinary Gazette Submissions any day of the week
For more information regarding Gazette notices, please email [email protected] Prices are GST inclusive unless otherwise stated. 302 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
Acquisition of Land Act 1967 Education (General Provisions) Act 2006 TAKING OF LAND NOTICE (No. 4) 2013 SCHOOL ENROLMENT MANAGEMENT PLAN Short title In accordance with Chapter 8, Part 3 Section 170, of the Education (General Provisions) Act 2006, School Enrolment Management 1. This notice may be cited as the Taking of Land Notice (No. 4) Plan for the following schools have been prepared by the Regional 2013. Directors, Central Queensland, Far North Queensland, North Coast Land taken (s.15D of the Act) and South East region, delegate of the chief executive. 2. Following agreement in writing, the land described in the Copies of School Enrolment Management Plans are available for Schedule is taken by Sunshine Coast Regional Council for public inspection, without charge, during normal business hours at road purposes and vests in Sunshine Coast Regional Council the department’s head office, and accessible on the department’s for an estate in fee simple on and from 1 November 2013. website http://education.qld.gov.au/schools/catchment SCHEDULE Region: Central Queensland Land Taken School: Victoria Park State School (update) Part of Lot 1 on BUP8065, area of approximately 76 square metres, Region: Far North Queensland Title Reference 17075143, parish of Mooloolah. School: Isabella State School (update) Part of Lot 2 on BUP8065, area of approximately 33 square metres, Region: North Coast Title Reference 17075144, parish of Mooloolah. School: Caboolture State High School (update) Mount Samson State School (update) Part of Lot 3 on BUP8065, area of approximately 52 square metres, Undurba State School (update) Title Reference 17075145, parish of Mooloolah. Region: South East Part of Common Property of Horton Park Shopping Centre Stage 1 School: Carbrook State School (new) Community Titles Scheme 7210, Community Management Ormiston State School (update) Statement 7210, area of approximately 40 square metres, Title Reference 19208065, parish of Mooloolah. Government Owned Corporations Act 1993 ENDNOTES Section 114 1. Published in the Gazette on 1 November 2013. Acts Interpretation Act 1954 2. Not required to be laid before the Legislative Assembly. Section 24AA 3. The administering agency is the Sunshine Coast Regional Council. REVOCATION OF NOTIFICATION The notification of the application of the policy document entitled Acquisition of Land Act 1967 State Procurement Policy to QIC Limited, its subsidiaries and controlled entities, gazetted on 9 January 2009, is revoked. TAKING OF LAND NOTICE (No. 5) 2013 The Honourable The Honourable Short title Tim Nicholls MP Campbell Newman MP 1. This notice may be cited as the Taking of Land Notice (No. 5) Treasurer and Minister for Trade Premier 2013. 22/10/2013 28/10/2013 Land taken (s.15D of the Act) 2. Following agreement in writing, the land described in the Public Service Act 2008 Schedule is taken by Sunshine Coast Regional Council for PUBLIC SERVICE DEPARTMENTAL ARRANGEMENTS purposes incidental to road and vests in Sunshine Coast NOTICE (NO. 7) 2013 Regional Council for an estate in fee simple on and from 1 November 2013. Short Title 1. This notice is made under the Public Service Act 2008 and SCHEDULE may be cited as the Public Service Departmental Land Taken Arrangements Notice (No. 7) 2013. Part of Lot 1 on BUP8065, area of approximately 50 square metres, Commencement Title Reference 17075143, parish of Mooloolah. 2. This notice is taken to have commenced on 16 September 2013. Part of Lot 2 on BUP8065, area of approximately 30 square metres, Title Reference 17075144, parish of Mooloolah. Establishment and Declaration of Government Entity Part Lot 3 on BUP8065, area of approximately 121 square metres, 3. Under sections 14(2) and 15(a) of the Act, that part of the Title Reference 17075145, parish of Mooloolah. Public Service Commission known as Public Sector Renewal is established as a government entity and declared to be Lot 4 on BUP8065, area 45 square metres, Title Reference part of the Public Service Commission. 17075146, parish of Mooloolah. Amalgamation and Declaration Lot 5 on BUP8065, area 136 square metres, Title Reference 4. Under sections 14(2) and 15(b) of the Act, the government 17075147, parish of Mooloolah. entity established under Part 3 of this notice is amalgamated with, and declared to be part of, the Department of the Part of Common Property of Horton Park Shopping Centre Stage 1 Premier and Cabinet. Community Titles Scheme 7210, Community Management Statement 7210, area of approximately 1360 square metres, 1. Made by the Governor in Council on 31 October 2013. Title Reference 19208065, parish of Mooloolah. 2. Published in the Government Gazette on 1 November 2013. Lot 2 on RP225523, area 2,202 square metres, Title Reference 3. Not required to be laid before the Legislative Assembly. 17342126, parish of Mooloolah. 4. The administering agency is the Public Service Commission. ENDNOTES 1. Published in the Gazette on 1 November 2013. 2. Not required to be laid before the Legislative Assembly. 3. The administering agency is the Sunshine Coast Regional Council. 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 303
Transport Operations (Marine Safety) Act 1994 NOTIFICATION OF APPROVAL OF FORMS NOTIFICATION OF EXEMPTION The following forms were approved by the Executive Director, Fair Trading Operations, Department of Justice and Attorney-General Maritime Safety Queensland to take effect from 1 November 2013, pursuant to the relevant Brisbane, 28 October 2013 sections. I, Patrick J. Quirk, General Manager, Maritime Safety Queensland, Associations Incorporation Act 1981 (section 130) pursuant to section 18A of the Transport Operations (Marine Safety) Act 1994, exempt all persons operating ships in the events Form Number Name detailed in the Schedule from section 206A of the Transport 3 Application for approval to use an unsuitable Operations (Marine Safety) Act 1994 and section 127 of the name (V15 November 2013) Transport Operations (Marine Safety) Regulation 2004. 12-1 Annual return of association (V9 November 2013) SCHEDULE 21 Application for approval to conduct audit or provide Events consisting of water ski races to be conducted by the verification statement (V15 November 2013) organisers, North Queensland Offshore Ski Association, between the hours of 8.00am and 10.00am on Saturday 2 November 2013 Collections Act 1966 (section 42A) over the waters of False Cape to Bessie Point, Green Island as shown in red on the course map prepared by Maritime Safety Form Number Name Queensland, designated plan "A1-231", and held at the Regional 1 Application for registration (V12 November 2013) Harbour Master's office in Cairns. 5 Application for sanction (V12 November 2013) PATRICK J. QUIRK 20 Annual return for charity or sanction (V7 November 2013) General Manager Maritime Safety Queensland These forms are available from: a) Queensland Government Service Centre Transport Operations (Marine Safety) Act 1994 Upper Plaza Terrace NOTIFICATION OF EXEMPTION 33 Charlotte Street BRISBANE QLD 4000 Maritime Safety Queensland b) All regional offices of the Office of Fair Trading Brisbane, 28 October 2013 c) The website of the Office of Fair Trading at: I, Patrick J Quirk, General Manager, Maritime Safety Queensland, www.fairtrading.qld.gov.au pursuant to section 18A of the Transport Operations (Marine Safety) Act 1994, exempt all persons operating ships in the events detailed in the Schedule from section 206A of the Transport NOTIFICATION OF APPROVED FORM UNDER THE Operations (Marine Safety) Act 1994 and sections 127, 127A and BUILDING ACT 1975 127B of the Transport Operations (Marine Safety) Regulation 2004. 1. Approval SCHEDULE The form in the table below was approved by the delegate of the Chief Executive, Department of Housing and Public Works The events consisting of water ski races to be conducted by the on 30 October 2013, under section 254 of the Building Act organisers, Ski Racing Cairns Inc, between the hours of 8:00am 1975, to take effect from 1 November 2013. and 4:00pm on Saturday 9 November 2013 over the waters of Cairns - Green Island as shown in red on the course map prepared Form Title Version by Maritime Safety Queensland, designated plan “A1-231”, and No. No. held at the Regional Harbour Master’s office in Cairns. 30 Relevant Information For Service Providers 1 PATRICK J. QUIRK General Manager 2. Availability of form Maritime Safety Queensland The form will be available from the Department of Housing and Public Works’ website at www.hpw.qld.gov.au
NOTIFICATION OF APPROVAL OF FORM UNDER THE LEGAL PROFESSION ACT 2007 1. Commencement The following form was approved on 29 October 2013 by the General Counsel of the Queensland Law Society Incorporated, pursuant to a delegation from the Council on 9 December 2005, to take effect from date of gazettal. 2. Form Approved – Form required by, and made for the purposes of, the Legal Profession (Society) Rule 2007 : QLS Form 5 (SR) Appointment of Proxy for Annual General Meeting – Version 4 3. Availability of Forms These forms are available from: a) Law Society House 179 Ann Street Brisbane Q 4000 b) the Queensland Law Society website at www.qls.com.au M J Hinton General Counsel 304 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
Christmas & New Year Dates & Closing Times for 2013-2014
Final 2013 Gazettes - Published Friday 20 December 2013
Deadlines
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First 2014 Gazettes Published Friday 10 January 2014
Deadlines
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Have a Merry Christmas & a Happy New Year 1 November 2013] QUEENSLAND GOVERNMENT GAZETTE No. 49 305
BILLS OF PARLIAMENT ASSENTED TO Short title: Workers’ Compensation and Rehabilitation and Other Legislation Amendment Queensland Legislative Assembly Act 2013 – Act No. 52 of 2013 Brisbane Commencement: Chapter 2 and schedule 1 are It is hereby notified for general information that, taken to have commenced on the day the Bill for on 29 October 2013, Her Excellency the Governor, this Act was introduced into the Legislative in the name and on behalf of Her Majesty, assented Assembly. to the undermentioned Bills passed by the Legislative Assembly of Queensland in Parliament A Bill for An Act to amend the Criminal Law assembled, viz— Amendment Act 1945 for particular purposes Short title: Criminal Law Amendment (Public A Bill for An Act to amend the Family Interest Declarations) Amendment Act 2013 –Act Responsibilities Commission Act 2008 for particular No. 53 of 2013 purposes Commencement: Date of Assent. Short title: Family Responsibilities Commission Amendment Act 2013 – Act No. 48 of 2013 N J Laurie Commencement: Date of Assent. Clerk of the Parliament
A Bill for An Act to amend the Vocational Education, Training and Employment Act 2000 for particular purposes, and to make consequential amendments of the Industrial Relations Act 1999 and other Acts as stated in schedule 1 for purposes related to those particular purposes, and to amend the TAFE Queensland Act 2013 for particular purposes Short title: Vocational Education, Training and Employment (Skills Queensland) and Another Act Amendment Act 2013 – Act No. 49 of 2013 Commencement: This Act commences on a day to be fixed by proclamation.
A Bill for An Act to amend the Nature Conservation Act 1992, the Sustainable Planning Act 2009 and the Vegetation Management Act 1999 for particular purposes Short title: Nature Conservation (Protected Plants) and Other Legislation Amendment Act 2013 – Act No. 50 of 2013 Commencement: This Act commences on a day to be fixed by proclamation.
A Bill for An Act to amend particular Acts for matters relating to the liability of executive officers of corporations and to amend the Crime and Misconduct Act 2001 for particular purposes Short title: Directors’ Liability Reform Amendment Act 2013 – Act No. 51 of 2013 Commencement: (1) This Act, other than part 81A, commences on 1 November 2013. (2) Part 81A commences on 9 November 2013.
A Bill for An Act to amend the Civil Liability Act 2003, the Motor Accident Insurance Act 1994, the Personal Injuries Proceedings Act 2002, the Workers’ Compensation and Rehabilitation Act 2003 and the Workers’ Compensation and Rehabilitation Regulation 2003 for particular purposes and to make minor or consequential amendments of legislation as stated in schedules 1 and 2 306 QUEENSLAND GOVERNMENT GAZETTE No. 49 [1 November 2013
CONTENTS (Gazettes No. 45-49—pp. 269-306) Page
APPOINTMENTS...... 287-300
NOTICES / BYLAWS / DECLARATIONS / STATUTES ...... 302-303 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act Acquisition of Land Act Acts Interpretation Act Anti-Discrimination Act Constitution of Queensland Education (General Provisions) Act Government Owned Corporations Act Griffith University Act Health Services Act Justices of the Peace and Commissioners for Declarations Act Public Service Act Transport Operations (Marine Safety) Act
NOTIFICATION OF FORMS...... 303 Associations Incorporation Act Building Act Collections Act Legal Profession Act
Bills Assented to...... 305
ADVERTISEMENTS ...... NIL THIS WEEK
Extraordinary Gazette (Other) ...... 269-270
Natural Resources and Mines Gazette ...... 271-278
Transport / Main Roads Gazette ...... 279-284
Local Government Gazette ...... 285-286
General Gazette ...... 287-305
© The State of Queensland 2013 Copyright protects this publication. Except for purposes permitted by the Copyright Act, reproduction by whatever means is prohibited without prior written permission. Inquiries should be addressed to: Gazette Advertising, GPO Box 2457, Brisbane QLD 4001. ______BRISBANE 1 November 2013