QueenslandQueensland Government Government Gazette Gazette PP 451207100087 PUBLISHED BY AUTHORITY ISSN 0155-9370 Vol. 354] Friday 25 June 2010 Government Preferred Product List Switch onto savings for over 500 everyday offi ce and furniture products. Our bulk buying power allows us to pass on substantial savings on these products to our government clients. Visit www.sdsonline.qld.gov.au [541] Queensland Government Gazette Extraordinary PP 451207100087 PUBLISHED BY AUTHORITY ISSN 0155-9370 Vol. 354] Friday 18 June 2010 [No. 53 Acquisition of Land Act 1967 In this Easement:- TAKING OF EASEMENT NOTICE (No 24) 2010 (a) a reference to a statute includes Orders in Council, Gazette Short title Resumption Notices, Regulations, Rules, Local Laws and 1. This notice may be cited as the Taking of Easement Notice (No 24) Ordinances made under the statute and any statute amending, 2010 consolidating or replacing the statute; Easement taken [ss.6 and 9(7) of the Act] (b) headings have been included for ease of reference and guidance 2. The Easement described in Schedule 2 is taken by Gladstone Regional and this Easement is to be construed without reference to Council for Drainage purposes and vests in Gladstone Regional Council on them; and from 18 June 2010. (c) the singular number includes the plural and vice versa; Rights and obligations (d) words importing a masculine gender only includes all other 3. That the rights and obligations conferred and imposed by the Easement genders; and include the matters set out in Schedule 1. (e) words importing persons include companies and corporations SCHEDULE 1 and vice versa. Rights and Obligations 1.3 If a covenant contained in this Easement is or becomes invalid or The rights and obligations conferred by the Easement are as follows:- unenforceable, the remaining covenants contained in this Easement 1. DEFINITIONS AND INTERPRETATION remain in full force and effect. 1.1 'H¿QLWLRQV 1.4 If the owner or the Council comprise two or more legal entities, the In this Easement the following expressions shall have the meanings covenants contained in this Easement bind each of them jointly and assigned to them below:- severally. (a) Council:- 2. RIGHTS OF COUNCIL Gladstone Regional Council and the successors and assigns; 2.1 The Council has the full and free right and liberty at all times after (b) Land:- the date of this Easement, to enter upon the Easement Area for the Lot 1 on SP115782, County of Clinton, Parish of Toolooa, wholly purposes of constructing and thereafter forever using and maintaining contained within Title Reference 50268303. the Relevant Works as it shall from time to time in its sole discretion (c) Owner:- WKLQN¿WDQGLQVRGRLQJWKH&RXQFLOE\LWVHPSOR\HHVDJHQWVDQG The Registered Owner of the Land and the successors and other persons authorised by the Council shall have the right to:- assigns. (a) construct, install, extend, deepen, widen, cleanse, add to, (d) Relevant Works:- remove, inspect, maintain and repair the Relevant Works and (i) Overland or underground drains/s, pipe/s, conduit/s and/or ZKHQDQGZKHUHWKRXJKW¿WE\WKH&RXQFLOWRUHPRYHDQG channel/s for the passage or conveyance of rainwater replace the Relevant Works with new Relevant Works (whether and other lawful discharges through, across or under of a similar nature to those replaced or not); WKH(DVHPHQW$UHDWRJHWKHUZLWKPDQKROHV¿HOGLQOHW (b) to change the size and number of any pipes which form part pits, pollution control works; all other usual or necessary of the Relevant Works; ¿WWLQJVDQGDWWDFKPHQWVIRUWKHSURWHFWLRQDQGRUVXSSRUW (c) dig into, sink shafts in and erect scaffolding upon the Easement of each such thing; and any other works whatsoever which Area and to open and break up the soil of the Easement Area &RXQFLOFRQVLGHUVQHFHVVDU\IRUGUDLQDJHRUÀRZRIZDWHU or any part of the Easement Area including its sub-surface; through gullies and other water courses of any description (d) remove and dispose of spoil created as a consequence of the whatsoever; and Council exercising its rights under this Easement; (ii) Overland drain/s created by extensive excavation and (e) clear and keep clear the Easement Area by any means or incision which substantially alter the natural surface levels method and to cut and remove timber, trees and undergrowth and contours of the Easement Area for the passage or from the Easement Area and to burn off such timber, trees and conveyance of rainwater and other lawful discharges through undergrowth; and across the Easement Area. (f) construct and maintain on the Easement Area such access (e) Easement Area:- tracks, gates and appurtenant works as the Council shall The land described in Schedule 2. consider necessary; 1.2 Interpretation (g) enter upon and remain, pass and repass on and over the 542 QUEENSLAND GOVERNMENT GAZETTE No. 53 [18 June 2010 Easement Area for all or any of the purposes aforesaid with (c) the Council is under an obligation to reinstate or repair any or without vehicles, plant and equipment of any description matter damaged or destroyed in consequence of the exercise whatsoever; by the Council of its rights under this Easement. (h) enter and exit to and from the Easement Area over such part 7.2 In this Clause, the term ‘matter’ means buildings, structures or or parts of the Owner’s land adjoining and adjacent to the other materials or things erected, placed, found or installed upon the Easement Area as the Council shall consider most convenient Easement Area (whether in contravention of Clause 6 or otherwise) or necessary for the purpose of passing between the Easement and trees and plants within the Easement Area. Area and the most convenient point of entry to or exit from the 8. REMOVALOF UNAUTHORISED STRUCTURES Owner’s land (whether adjoining a constructed road or not); 8.1 If a building, structure or other material or thing (in this clause called (i) do such other works and things through, across, in or under a ‘relevant matter’) is erected, placed, found or installed upon the the Easement Area as are incidental to the proper exercise of Easement Area in contravention of Clause 6, the Council may, in the rights granted to the Council under this Easement; DGGLWLRQWRDQ\RWKHUUHPHGLHVDQGDIWHUKDYLQJ¿UVWJLYHQWKH2ZQHU (j) use such part or parts of the Owner’s land immediately adjacent reasonable notice of its intention to invoke this clause, enter upon the to or adjoining either side of the Easement Area as the Council Easement Area and remove or demolish the relevant matter and, if it considers reasonable or necessary for the proper exercise of does so:- the rights granted to the Council under this Easement. (a) it may dispose of the relevant matter or any resultant demolition 3. PROPERTY IN RELEVANT WORKS PDWHULDOVLQVXFKPDQQHUDVLWVHHV¿WZLWKRXWEHLQJOLDEOHWR 3.1 The Relevant Works are and remain the property of the account to the Owner therefor (except as provided in subclause &RXQFLOQRWZLWKVWDQGLQJDQ\DFWXDORUDSSDUHQWDI¿[LQJWR (b) of this clause); and the Easement Area. The Council shall be solely responsible (b) it may recover, in any Court of competent jurisdiction, costs for the operation and maintenance of the Relevant Works. actually incurred by it in taking that action (including internal 4. REMOVALOF FENCING wage and salary costs) less any moneys actually received by 4.1 To gain access to the Easement Area the Council may pull it as a result of disposing of the relevant matter or any resultant down or break open any fencing on the Easement Area. demolition materials. However, if livestock are contained within the fenced area, the 9. PROTECTION OF AND ACCESS TO RELEVANT Council must give reasonable notice to the Owner to enable WORKS the Owner to secure the livestock. 9.1 The Owner will not do any act or make any omission which will 5. REINSTATEMENT OF FENCING jeopardise or prejudicially affect the safety or reliable working of any 5.1 The Council must either:- Relevant Works. (a) reinstate all fences (other than a fence erected in contravention 9.2 The Owner will at all times, refrain from using the Easement Area of Clause 6) damaged by the Council in the exercise and in a manner likely to obstruct or unreasonably hinder the Council’s performance of any of the rights and liberties granted to the access to the Easement Area and Relevant Works. Council under this Easement; or 10. FURTHER ASSURANCES (b) if the fences are not reinstated, install a gate using materials and 7KHEHQH¿WDQGEXUGHQRIWKLV(DVHPHQWVKDOOSDVVZLWKDQGELQGWKH employing workmanship which is not less than the quality of Easement Area so as to ensure to and bind all persons deriving title the materials and workmanship in the existing fence. The gate thereto from and under the Owner and Council respectively and the installed pursuant to this subclause becomes the property of Owner, whenever required by the Council or the person or persons the owner of the fence in which the gate is installed and after IRUWKHWLPHEHLQJHQWLWOHGWRWKHEHQH¿WRIWKLV(DVHPHQWPXVWGRDOO installation shall be maintained by the owner. such things and give all such assurances as are reasonably required 6. NO STRUCTURES ON THE EASEMENT AREA for the proper and effect carrying into effect of the rights conferred 6.1 The Owner shall not at any time:- under this Easement but not so as to render the Owner liable to be (a) Erect or have erected any buildings or structures (other than called upon by the Council to contribute towards the maintenance fences) upon the Easement Area or any part of it; and upkeep of the Relevant Works. (b) permit the Easement Area or any part of it to be used in such 11. MISCELLANEOUS a way as to obstruct or interfere with the Relevant Works 11.1 Sub-section 85B(2) of the Land Title Act 1994 does not apply to this and/or the proper and effective use of the Relevant Works by Easement.