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©State of Queensland
QUEENSLAND
[Reprinted as at 1 February, 19883
An Act to Amend “The Harbours Acts, 1955 to 1966,” in certain particulars, and for other purposes
[ASSENTED TO 16 APRIL, 19681 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in P~rliament assembled, and by the authority of the same, as follows:-
1. (1) Short title, This Act may be cited as “The ~ ~ r ~ o ~ r s Acts
~ ~ ~ nAct ~of ~1968.” e n t
(2) Principal Act. “The ~ ~ r ~ o u r s Acts, 1955 to ~966,” are in this Act referred to as the Prin~ipal Act.
(3) Collective title. The Principal Act and this Act may be collectively cited as “The ~ ~ r b ~ u r s Acts, 1955 to 1968.”
Amended Principal Act.
11. ~ x g c ~ t i o ~ of Agre nt a ~t h o ri$ e~ . The Treasurer of the State of Queensland for and on alf of the said State and The Gladstone Harbour Board are, and it is hereby declared always were, hereby respectively authorised to make with Q~~eensland Alumina Limited a company duly incorporated and registered in the said State the Agreement a copy of which is set out in the First Schedule to this Act (which Agreement is herein referred to as the agreement").
12. Execution of Lease author~$ed, The Treasurer of the State of Queensland for and on behalf of the said State is, and it is hereby declared always was, hereby authorised to make with Queensland Alumina Limited a company duly incorporated and registered in the said State the Lease a copy of which is set out in the Second chedule to this Act (which Lease is herein referred to as the ““Lease”).
~tif icat ~on and ~ p ~ r o v a l . The A g r e e ~ e n t and the Lease respectively are hereby approved and ratified.
14. Variation of A ~ ~ e e ~ e n t or Lease. The Agreement or the Lease respectively may be varied by agreement between the parties thereto with the approval of the Governor in Council by Order in Council but, except as so agreed and approved, no provision of the Agreement or Lease shall be varied nor shall the powers and rights of the said company
2 Sch. I THE HARBOURS ACTS AMENDMENT ACT OF 1968 Sch. X
under the A ~ e e m e n t or, as the case may be, Lease be derogated from except in such manner.
Any purported vafiation of the Agreement or Lease not made and approved as presc~bed by this section shall be void and of no legal effect whatsoever.
The Governor in Council may make any Order in Council provided for in this section, and may revoke or amend any such Order in Council by another Order in Council which is not inconsistent with the A ~ e e m e n t or, as the case may be, Lease.
FIRST S C ~ ~ ~ U [s. ~ 111 ~ THIS AGREEMENT is made this sixth day of October, One t~ousand nine hundred and sixty-seven to take efkct as and from the first day of September One thousand nine hundred and sixty-seven Between THE GLADSTONE HARBOUR BOARD constituted under and pursuant to “The
~ a r ~ o ~ r s Acts, 1955 to 1966” (hereinafter called “the Vendor”) of the first part QUEENS~AND ALUMINA LIMITED a Company incorporated and registered in the State of Queensland and having its registered office at Eighth Floor, Perry House, 13 1 Elizabeth Street, ~ ~ s b a n e (hereinafter called “the Purchaser”) of the second part and THE STATE OF Q U E E ~ S L A N ~ (hereinafter called “the State”) of the third part
WHEREAS-
(a) the State undertook to provide certain facilities complementa~ to the erection of a plant for the processing of bauxite by the P~rchaser at Gladstone in the State of Queensland which facilities included a wharf at South Trees Island Gladstone (more particularly described in the Schedule hereto and hereinafter referred to as “the said wharf”) to be erected by the vendor;
(b) initially by mutual agreement the Purchaser agreed to provide part of the finance by way of loan to facilitate the erection o f the said wharf but subsequently with the consent and knowledge of the State it was agreed by and between the Vendor and the Purchaser that on completion of the said wharf the Vendor would sell and the Purchaser would purcha~e the same;
(c) the State is presently the owner of that part of the land below the high water mark on which is erected the said wharf and does hereby acknowledge that the said wharf is resently the pro~erty of the Vendor as sole and absolute owner thereof and further that it has agreed to grant to the Purchaser a lease of the said land below high water mark on which the said wharf is erected for a term of 75 years;
reement for provi~ion of finance by the Purchaser the Purchaser has from time to time made advances to the Vendor to meet claims for progress payments (d) by virtue of the initial
Sch. I THE HARBOURS ACTS AMENDMENT ACT OF 1968 Seh. I 3
made by Contractors with the Vendor for erection of the said wharf and to meet design and supervision costs;
(e) the construction of the said wharf is now said by the Vendor to be complete and the said wharf is capable of being sold and transferred to the Purchaser
Now THIS AGREEMENT WITNESSETH:-
1. To the intent that the Purchaser shall subject to the provisio~s of this Agreement become and be the sole and absolute owner thereof the Vendor does hereby transfer set over and assign to the Purchas~r the said wharf together with all its proprietary and contractual rights in or in relation to the said wharf including but without prejudice to the genera~ity of the foregoing the rights of the Vendor under any Contract or Contracts entered into by the Vendor for the erection of the said wharf.
2. The consideration payable by the Purchaser to the Vendor pursuant to this Agreement shall be:-
(a) the total amounts already paid by the Vendor pursuant to the Contract or Contracts for erection of the said wharf together with any further amounts properly or lawfully payable by the Vendor pursuant to such Contract or Contracts; and
(b) the supervision and design fees. For the purposes of this subclause the supervision and design fees shall be deemed to be:-
(i) five per centum of the amount payable under subclause (ii) the sum of Fifteen thousand dollars ($15,000); and (iii) all wages and allowances paid to resident inspectors in
connection with the work under the said Contract or Contracts; and
(iv) the expenses of the C h a i r ~ a n and ~ n g i n e e r - ~ a n a g e r of the Vendor in respect of their attendances at all Co-ordination Committee meetings; and
(v) the cost of testing of gravel and concrete cylinders; and (vi) costs of necessary repairs to the Vendor’s plant used in
the testing of relevant gravel and concrete cylinders; and (vii) items of the Vendor’s stock used in connection with the
said Contract or Contracts; and
(viii) the cost of boring at Wharf Site prior to commencement of work; and
(ix) all further necessary expenses properly incurred by the Vendor pursuant to or in connection with the work envisaged under the said Contract or Contracts and not provided for under subclause 2 (a) hereof.
3. The Vendor agrees to furnish to the Purchaser full and detailed statements of the amount or amounts claimed by the Vendor under
2 (a) hereof; and
4 Sch. X THE ~ A R ~ O U R ~ ACTS A ~ E ~ ACT OF 1968 ~ ~ E ~ Sch, 1 T
clause 2 hereof and to make available for the inspection of the Purchaser such documentation in support of the claim or claims as the Purchaser may reasonably request.
4. In the event of the Vendor and Purchaser failing to agree upon the amounts payable under clause 2 hereof a Certificate by the Auditor- General for the State of Queensland as to the amount payable shall be accepted by the parties as conc~usive and binding.
5. The Vendor acknowledges receipt of the advances referred to in recital (d) of the preamble hereto and agrees that such amounts shall be applied towards payment of the consideration payable under clause 2 hereof.
6. The Vendor w a ~ a n t s that it has supervised the erection of the said wharf and that the said wharf has been erected to the standards and in accordance with the plans and specifications contained in the Contract or Contracts entered into by the Vendor for the erection of the said wharf excepting where variations have been duly authorised by the Engineer in terms of the said Contract or ~ontracts,
7, It is agreed and declared by each and every the parties hereto that on the expiration or sooner determination of the lease of the land on which the said wharf stands or any renewal thereof the Purchaser may at its option sever and remove the said wharf and any other i ~ p r o v e m e n t s constructe~ on the leased land,
8. The Purchaser shall pay to the Vendor all reasonable costs of survey and all reasonable legal costs properly and necessarily incurred by it or in connection with this Agreement.
9. This Agreement so far as it relates to the granting of a lease as set forth in recital (e> of the preamb~e hereto is made subject to the approval and ratification by the Parliament of the State of ~ u e e n s l a n ~ to be expressed in an Act to be passed during a sittings of Parliament to be held following the execution hereof.
SCHEDULE
The wharf constructed by the Vendor at South Trees Island Gladstone in accordance with plans deposited with the Marine Board of Queensland and approved by Executive Minute dated the 24th February, 1966.
IN WITNESS WHEREOF these presents have duly been executed by or on behalf of the parties the day and year first abovementioned.
Sch. I1 THE HARBOURS ACTS AMENDMENT ACT OF 1968 Sch. I1 5
THE COMMON SEAL of THE’
GLADSTONE HARBOUR BOARD was hereunto affixed in pursuance of a Resolution of the Board and in the presence and under the hands o f >
Chairman and MARK FENTON, a Member in the presence of- KENNETH JOHN LEE, Secretary J WILLIAM ROBERT GOLDING,
W. GOLDING, Chairman.
M. FENTON, Member.
LIMITED by ELBERT HAROLD
SANGWINE its duly authorised E. H. SANGWINE.
SIGNED by QUEENSLAND ALUMINA Attorney in the presence of-F. J.
WINKLE, A Justice of the Peace.
I
the State of GORDON W. CHALK.
SECOND SCHEDULE [s. 121
THE HONOURABLE GORDON WILLIAM WESLEY CHALK, THE QUEENSLAND (hereinafter with his successors in office called “the Minister”) DOTH HEREBY LEASE TO QUEENSLAND ALUMINA LIMITED a Company incorporated in the State of Queensland and having its registered office at 8th Floor, Perry House, corner Elizabeth and Albert Streets, Brisbane in the said State (hereinafter with its successors and assigns called “the Lessee”) the Crown land described in the Schedule hereto subject to the following covenants, conditions and restrictions:-
The Minister and the Lessee hereby mutually covenant and agree that:-
(1) The term of the lease shall be seventy-five (75) years from the first day of September One thousand nine hundred and sixty-seven.
(2) The rental for the whole period of the said term shall be at the rate of Six dollars ($6) per annum and shall be paid yearly in advance the first of such payments to be made on the first day of September One thousand nine hundred and sixty-seven to the Minister at Brisbane.
(3) The leased land shall be used and continue to be used during the said term solely for the purpose of providing wharfage for berthing of ships discharging or loading goods associated with the activities of the Lessee and for activities associated with such operations including bunkering watering and victualling or for such similar purposes as may be approved from time to time by the Minister.
TREASURER OF QUEENSLAND, FOR AND ON BEHALF OF THE STATE OF
6 Sch. I1 THE HARBOURS ACTS AMENDMENT ACT OF I968 Sch. I1
(4) The Lessee shall at the sole cost and expense of the Lessee at all times during the said term and to the satisfaction of the Minister
~ a i n t a i n in good order and condition the wharf and any other improvements constructed or to be constructed on the leased land provided however that the ~ i n i s t e r shall not exercise his rights under this clause unnec ssarily or arbitra~ly.
( 5 ) On the expiration or sooner determination of the said term or any renewal thereof the Lessee may at its option either sever and remove the said wharf and improvements or sell them whether to the ~ i n i s t e r or otherwise upon such terms and conditions as the Minister shall in writing approve provided however that such approval shall not be
~nreasonably withheld in the case of a proposed sale to a financially responsible purchaser and in particular to a sale to an associate company of the Lessee,
(6) The Lessee shall before making or causing to be made any material extension to or material alteration of the wharf on the leased land submit plans of such extension or alterat~on to the Minister and obtain his written consent thereto which consent shall not be unreasonably or arbitrarily withheld.
(7) The lessee shall at all times permit officers of the Commonwealth and State Governments to have the right of free and unrestricted access to from and across the leased land for the purpose of erecting and maintaining navigation marks on the leased land or on any structures thereon or for any purpose connected with the performance of the public duty of any of such officers.
(8) The Lessee shall permit the nister his servants or agents at all reasonable times to enter upon th ased Band and to view the state of repair and condition of the wharf and other ~mprovements erected thereon and to give to the Lessee a notice in writing r ~ q ~ i r i n g the Lessee to make good within a reasonable time to be specified in such notice any want of order and condition then found and the Lessee sh make good any such want of order and condition within the time so specified in any such notice.
(9) The Lessee shall comply with the provisions of “The ~ u r b o ~ r s Acts, 1955 to 1966,” “The ~ ~ e e n s l u n ~ Marine Acts, 1958 to 1967,” and
“The ~ o E ~ ~ t ~ ~ n of Wuter by OiE Acts, 1960 to 1961,” and any other Act or Acts in substitution therefor or in amendment thereof and with all regulations by-laws and other pro~isions made thereunder and on the Lessee’s part to be complied with.
(1 0) The Lessee shall also at its sole cost and expense comply with any Statute Ordinance By-law Regulation or Rule for the time being in force in the Town of Gladstone and the area of jurisdiction of the Gladstone Harbour Board affecting the leased land or any structures erected thereon and on the Lessee’s part to be complied with,
(1 I} The Lessee shall not carry on or permit to be carried on upon any structure on the leased land or on any part or parts thereof any
Sch, I1 THE HARBOURS ACTS A ~ ~ N ACT ~ OF ~ 1968 E ~ Sch. T 11 7
offensive noxious or noisome occupation calling trade or business:
PROVIDED ALWAYS that the proper exercising and c a r ~ i n g on by the Lessee of the Lessee’s usual and lawful tra e or business shall not for the purpose of this clause be considered as the c a ~ i n g on of an oRensive noxious or noisome occupation calling trade or business.
( 12) The Lessee shall indemnify and hereby indemnifies the er his agents and servants from and against all actions losses es costs and expenses which the Minister his agents or servants may sustain be put to or be called upon to pay to any corporation company firm or person by reason of or on account of any failure or neglect on the part of the Lessee to observe perform or fulfil any of the covenants conditions and rest~ctions herein contained or i
the Lessee to be observed performed or fu1filled.
( 13) Any notices requiri served on the Lessee if PO
registered office of the Lessee at
served on the Minister if sent to the office of the addressed to the Minister. A notice sent by pos have been given at the time when in due cour delivered at the address to which it is sent.
(14) The Lessee duly paying the rent hereby reserved and observing rrning and fu~filling the several covenants conditions and restrictions herein contained or
performed and fulfi during the said term w1
person rightfully claiming under or in trust for the
(15) In case the rent payable hereunder or any part thereof shall be unpaid on any day on which such rent ought to be paid and shall remain unpaid for fourteen days after formal demand by the Minister therefor has been made or if any breach or non-observance non- performance or non-fulfilment by the Lessee of any of the covenants agreements and restric~ions herein contained or hereby or by any law i ~ ~ p l i e d and on the Lessee’s part to be observed performed and fulfilled bas not been remedied by the Lessee within fourteen days after the
~ i n i s t e r has requested the Lessee to remedy it or if the Lessee shall be wound up or have an effective reso1utio~ passed for winding up (not being in either case a
wind in^
up for the p u ~ o s e s of ama~gamation or reconstruction) then and in any such case and ~ t h ~ u t prejudice to any remedy which may accrue or may have accrued to the Minister and notwithstanding the Minister may have previously refused or neglected to take advantage of a breach or breaches of a like nature it shall be l a d u l for the Minister forthwith or at any time thereafter and without any further notice or suit to enter upon any part of the leased land in e whole and to determine the tenancy hereby created ister and as agent and attorney for the Lessee to execute a s u ~ e n ~ e r of this agreement,(16) The costs of and incidenta~ to the preparation completion stamping and registration of these presents shall be borne by the Lessee.
the part of the Lessee to be fully hold and enjoy the le i n t e ~ p t i o n by the ~ i n i s t
8 Sch. I1 THE HARBOURS ACTS AMENDMENT ACT OF 1968 Sch. I1
(17) This lease is given subject to the approval and ratification by the Parliament of the State of Queensland to be expressed in an Act to be passed during a sittings of Parliament to be held following the execution hereof. If such Act is not so passed this lease shall not operate and neither the Minister nor the Lessee shall have any claim a g ~ n s t the other with respect to anything arising therefrom.
THE SCHEDULE Part A
METES AND BOUNDS
Commencing at a point 101" 53' for 9.97 links from the Northern corner (stn. No, 25 Plan Ctn. 1063) of portion 51, parish of South Trees, county of Clinton, thence bounded on the West by a line bearing 11" 53' for 120-8 links, thence by a line bearing 281" 53' for 56.00 links, thence by a line bearing 252" 23' for 819.80 links, thence by a line bearing 216" 03' for 268.70 links, thence by a line bearing 162" 23' for 0.30 links, thence by a line bearing 207" 23' for 16 links, thence by a line bearing 252" 23' for 16 links, thence by a line bearing 297" 23' for 16 links, thence by a line bearing 342" 23' for 16 links, thence by a line bearing 27" 23' for 16 links, thence by a line bearing 72" 23' for 16 links, thence by a line bearing 117" 23' for 16 links, thence by a line bearing 162" 23' for 3.46 links, thence by a line bearing 36" 03' for 258.6 links, thence by a line bearing 342" 23' for 54.90 links, thence by a line bearing 252" 23' for 9 * 70 links, thence by a line bearing 342"
23' for 18.70 links, thence bounded on the North by a line bearing 72"
23' for 1993 75 links, thence bounded on the East by a line bearing 162" 23' for 18.70 links, thence by a line bearing 252" 23' for 9 70 links, thence by a line bearing 162" 23' for 40.65 links, thence by a line bearing 116" 53' for 7.85 links, thence by a line bearing 162" 23' for 12.87 links, thence by a line bearing 108" 43' for 249
-
30 links, thence by a line bearing 342" 23' for 3.46 links, thence by a line bearing 27"23' for 16 links, thence by a line bearing 72" 23' for 16 links, thence by a line bearing 117" 23' for 16 links, thence by a line bearing 162"
23' for 16 links, thence by a line bearing 207" 23' for 16 links and thence bounded on the South by a line bearing 252" 23' for 16 links, thence by a line bearing 297" 23' for 16 links, thence by a line bearing 342" 23' for 0.30 links, thence by a line bearing 288" 43' for 212.50 links, thence by a line bearing 252" 23' for 1013.10 links, thence by a line bearing 2 17" 30' for 85.70 links, thence by a line bearing 19 1" 53' for 98.80 links, thence by a line bearing 281" 53' for 69 25 links to the point of commencement, containing all in all an area of 2 acres 0 roods
19.6 perches.
§ch. I1 THE HARBOURS ACTS . ~ ~ E N D M E ~ T ACT OF 1968 Sch. I1 9
Part 18
Such additional area to that described in Part A of the Schedule as is contained within an area between the bounds thereof and lines 20 feet outside and parallel to such bounds save and except such bounds which bear 72" 23' for 1993.75 links and 281" 53' for 69.25 links, c ~ n ~ a i n i n ~ a p ~ r o x i ~ a t e l y 3 roods 36.4 perches.
The Lessee hereby accepts this Lease of the leased land to be held by it as Tenant subject to the covenants conditions and restrictions above set forth.
IN WITNESS WHEREOF the parties hereto have executed these presents this fourth day of October One thousand nine hundred and sixty-seven.
of the State of Queensland for and on GORDON W. CHALK.
SIGNED by THE HONOURABLE GORDON WILLIAM WESLEY CHALK the Treasurer behalf of the said State in the presence of-G. D. Lee, J.P.
SIGNED by ~ U E E N S L A N D
its d u l y authorised E. H. S A ~ G W I ~ E . LIMITED by ELBERT HAROLD SANGWINE
presence of-F. J.
o f the Peace
I
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1988
78.582 (RwtrlO) 2/88
