Queensland Government Gazette PUBLISHED BY AUTHORITY ISSN 0155-9370 Vol. 364] Friday 4 October 2013 Labour Day Public Holiday Gazette deadlines September/October Mon Tues Wed Thurs Fri 30 01 02 03 04 Gazette AppointmentsAppointment Other released 12 noon Gazette Notices 12 noon Final proofsCZ October $MPTFPGCVTJOFTT Mon Tues Wed Thurs Fri 07 08 09 10 11 Labour Day Appointments Other Gazette Public Close of Gazette Notices released Holiday Business 12 noon Final proofsCZ $MPTFPGCVTJOFTT [137] Queensland Government Gazette Extraordinary PUBLISHED BY AUTHORITY ISSN 0155-9370 Vol. 364] Thursday 3 October 2013 [No. 21 State Development and Public Works Organisation Act 1971 DECLARATION OF A PRESCRIBED PROJECT I, Jeffrey William Seeney, appointed as the Minister for State Development, Infrastructure and Planning, do hereby declare the Great Keppel Island Resort project to be a prescribed project pursuant to section 76E of the State Development and Public Works Organisation Act 1971. The declaration takes effect from the date of its publication in the gazette, pursuant to section 76E(3) of the State Development and Public Works Organisation Act 1971. © 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 3 October 2013 138 QUEENSLAND GOVERNMENT GAZETTE No. 21 [3 October 2013 This page has been left blank intentionally [139] Queensland Government Gazette Natural Resources and Mines PUBLISHED BY AUTHORITY ISSN 0155-9370 Vol. 364] Friday 4 October 2013 [No. 22 Acquisition of Land Act 1967 QETC to exercise its rights under this Easement. TAKING OF EASEMENT NOTICE (No 16) 2013 1.8 “Electricity Works” means such works, apparatus, Short title structures and things as QETC may in its absolute 1. This notice may be cited as the Taking of Easement Notice discretion consider appropriate as a means of (No 16) 2013. conveying or transmitting electricity at 110kV Easement taken [ss.6 and 9(6) of the Act] nominal voltage, telecommunications and other 2. The easement described in Schedule 2 is taken by Queensland electromagnetic energy in all its forms, including Electricity Transmission Corporation Limited ACN 078 849 233 for conductors, cables, towers, aerials, poles, foundations, electrical works purposes and purposes incidental thereto and vests in ground anchorages, supports and other associated Queensland Electricity Transmission Corporation Limited ACN 078 or appurtenant works. The expression includes the 849 233 on and from 4 October 2013. Electricity Works existing on the Easement Land at Rights and obligations the Date of this Easement or constructed on it after 3. That the rights and obligations conferred and imposed by the that date, and where the context permits it includes a easement include the matters set out in Schedule 1. reference to any part of the Electricity Works. SCHEDULE 1 1.9 “Structure” means any building, improvement, plant, DEFINITIONS equipment, fixture, fitting, pole, cable, wire, pipe, 1. In this Easement: tower, apparatus or chattel or of any kind whether on, 1.1 “Acts” means the Electricity Act 1994, Electrical over, in, under, across or through the Easement Land Safety Act 2002 and Government Owned Corporations and includes by way of example but is not limited to Act 1993 and any amendments to them or either of any dwelling (including any extension or overhang of them or any Acts superseding those Acts. eaves or guttering), swimming pool, shed, retaining or 1.2 “Consent to use Easement Land” – means the other wall and lighting. conditional consent letter (together with conditions of QETC’S RIGHTS use) given under Clause 6 by QETC on 13 April 2012 2. The QETC is acquiring this Easement in perpetuity to permit and includes any other changes subsequently approved QETC the right to: in writing by QETC. 2.1 convey and transmit electricity, telecommunications 1.3 “Date of this Easement” means the date of the gazette and other electromagnetic energy in all its forms on, resumption notice. from, over, under and through the Easement Land by 1.4 “Easement” means the rights obtained from the Owner Electricity Works; by QETC including but not limited to the terms and 2.2 enter upon and traverse the Easement Land, with conditions contained in this Schedule. vehicles, plant and equipment, if necessary, to exercise 1.5 “Easement Land” means that portion of the Owner’s its rights under this Easement; land over which this Easement is obtained. 2.3 construct Electricity Works on, over, under or through 1.6 “Owner” means the Registered Proprietor together the Easement Land; with its successors, successors in title and assigns. 2.4 inspect, maintain, repair or replace the Electricity Where the term appears in Clauses 3, 4, 5, 6 and 8 it Works; includes the servants, agents, employees, workmen 2.5 clear the Easement Land of trees, undergrowth and contractors of the Owner and other persons or vegetation or any obstruction including soil in authorised by the Owner to use or enter upon the the manner and by the means QETC considers Easement Land. appropriate; 1.7 “QETC” means the Queensland Electricity 2.6 construct and maintain on the Easement Land such Transmission Corporation Limited, together with tracks, roads, gates, fences and other structures and its successors and assigns and others authorised by works as QETC considers necessary; it. Where the context permits, the term includes the 2.7 enter upon and traverse the Easement Land for the servants, agents, employees, workmen, linesmen, purposes of preventing or rectifying any infringement contractors of QETC and other persons authorised by by the Owner of QETC’s rights under this Easement 140 QUEENSLAND GOVERNMENT GAZETTE No. 22 [4 October 2013 by the Owner; and 6.9 plant upon the Easement Land any crop or any trees the QETC may in connection with its use and enjoyment of whose roots or the cultivation of which would in any this Easement, exercise such of its rights, powers, discretion way interfere with the Electricity Works; or 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.