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©State of Queensland

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QUEENSLAND

QUEENSLAND INTERNATIONAL TOURIST CENTRE AGREEMENT ACT 1978, NO. 7

[Reprinted as at 1 September, 1986]

An Act with respect to an Agreement between the State of Queensland and Iwasaki Sangyo Co. (Aust.) Pty. Ltd. and for purposes incidental thereto and consequent thereon

[ASSENTED TO 24 MAY, 1978]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title. This Act may be cited as the Queensland International Tourist Centre Agreement Act 1978.

2. Execution of Agreement authorized. The Premier of Queensland is hereby authorized to make for and on behalf of the State of Queensland, with Iwasaki Sangyo Co. (Aust.) Pty. Ltd., a company incorporated in the State of Queensland and having its registered office at the offices of Messrs. Morris, Fletcher and Cross, 17th Floor, T. & G. Building, Comer of Queen and Albert Streets, Brisbane in the said State, the Agreement, a copy of which is set out in the Schedule to this Act.

The agreement referred to in this section is in this Act referred to as "the Agreement".

3. Executed Agreement to have force of law. Subject to this section, upon the making of the Agreement the provisions thereof shall have the force of law as though the Agreement were an enactment of this Act.

The Governor in Council shall by Proclamation notify the date of the making of the Agreement.

Clause 5 of Part I of the Agreement shall not be construed to restrict the Parliament in making laws that affect the rights and obligations of the parties to the Agreement under the Agreement.

Date of Agreement: 30 November 1978 (see Proc. pubd. Gaz. 16 December 1978, p. 1816).

4. Proclamations and Orders in Council. (1) Any Proclamation or Order in Council provided for in this Act or in the Agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such Proclamations and Orders

(3)

2 s.4 QUEENSLAND INTERNATIONAL TOURIST CENTRE

AGREEMENT ACT 1978 s.4

in Council not inconsistent with the Agreement or with any agreement varying the Agreement as he shall think necessary or expedient to provide for, enable and regulate the carrying out of the provisions of the Agreement or any of them.

(2) Any such Proclamation or Order in Council may be revoked or altered by another Proclamation or Order in Council which is not inconsistent with the Agreement or with any agreement varying the Agreement.

(3) Every such Proclamation or Order in Council shall- (a) be published in the Gazette;

(b) upon publication in the Gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

(c) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(4) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or Order in Council has been laid before it disallowing such Proclamation or Order in Council or any part thereof, that Proclamation or Order in Councilor part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or Order in Council.

Agreement varied-see Orders in Council published Gazette 16 December 1978, p. 1802; 7 May 1983, p. 195; 16 August 1986, p. 2624.

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Sch: QUEENSLAND INTERNATIONAL TOURIST CENTRE AGREEMENT ACT 1978

THE SCHEDULE

Sch. 3

Date of Agreement: 30 November 1978 (see Proc. pubd. Gaz. 16 December 1978, p. 1816). Agreement varied-see Orders in Council published Gazette 16 December 1978, p. 1802; 7 May 1983, p. 195; 16 August 1986, p. 2624.

AN AGREEMENT made the day of

19 between THE STATE OF QUEENSLAND of the One Part and IWASAKI SANGYO CO. (AUST.) PTY. LTD. a Company duly incorporated in the State of Queensland and having its registered office at care of Messrs. Morris, Fletcher and Cross, 17th Floor, T & G Building, Corner of Queen and Albert Streets, Brisbane, of the second Part.

WHEREAS:

(a) Iwasaki Sangyo Co. (Aust.) Pty. Ltd. (hereinafter with its successors and permitted assigns referred to as "the Company") proposes to establish a tourist resort complex of international standard (hereinafter referred to as "the resort complex") and for such purpose

(i) has acquired and is the registered proprietor or is entitled so to be of certain freehold land described in Part 1 of Schedule A to this Agreement;

(ii) has contracted to purchase certain freehold land described in Part 2 of Schedule A to this Agreement;

(iii) subject to the provisions of the Land Act is entitled to be registered as lessee of the land described in Part 3 of Schedule A to this Agreement;

(iv) has contracted to purchase subject to its conversion to freehold the land described in Part 4 of Schedule A to this Agreement;

(v) subject to the provisions of the Land Act shall be entitled to acquire as freehold land the land presently described as Water Reserve R.I0, Parish of Woodlands, County of Palmerston described in Part 5 of Schedule A to this Agreement;

(vi)-

A. in conformity with the provisions of the Land Act shall be entitled to acquire Special Leases over Crown land described as Portion 16, Parish of Woodlands, County of Palmerston and over Crown land, to be described as Portion 17, Parish of Woodlands, County of Palmerston to be surrendered from Special Lease No. 32827 Rockhampton District, presently comprising Portion 15, Parish of Woodlands, County of Palmerston and as described in Part 6 of Schedule A to this Agreement;

B. subject to the provisions of this Agreement shall be entitled to have the Special Leases referred to in Recital (a) (vi) (A) of this Agreement, converted to Perpetual Leases;

(5)

4 Sch. QUEENSLAND INTERNATIONAL TOURIST CENTRE

AGREEMENT ACT 1978 ^Sch.

C. subject to the provisions of the Land Act shall be entitled to have permanently closed all those roads within the external boundaries of the resort complex which the Governor in Council considers are not required for public use subject at all times to the provision of such other access as may be provided in this Agreement;

(b) The State proposes to purchase from Livingstone Shire Council land described in Schedule B to this Agreement and to sell the said land to the Company;

(c) The State is agreeable that the land which from time to time may be purchased by the Company following the closure of roads within the resort complex be included in Schedule A or Schedule B to this Agreement;

(d) The resort complex shall be established in accordance with Schedule F to this Agreement and the Company's proposed development of the resort complex shall follow a staged programme as set out in the said Schedule; .

(e) It is anticipated that the resort complex when developed will be of benefit to the local residents of the Yeppoon and Rockhampton districts and the people of the State generally by providing significant employment opportunities and a new outlet for the consumption of produce and manufactured goods of various kinds;

(f) It is in the interests of the State that the resort complex be developed by a large scale operation and the State is satisfied that large capital expenditure by the Company is necessary to ensure that the resort complex is efficiently and economically developed;

(g) It is desirable that in consideration of the Company entering into obligations on its part hereinafter set out the Company should be granted the rights, titles and privileges hereinafter mentioned.

NOW THEREFORE IT IS HEREBY AGREED as follows:

PART I-PRELIMINARY

1. This Agreement shall be divided into Parts as follows:

PART I-PRELIMINARY

PART II-PROVISIONS RELATING TO LAND

PART III-PROVISIONS RELATING TO THE SUPPLY OF WATER AND DISPOSAL OF WASTE FOR AND IN CONNECTION WITH THE CONSTRUCTION AND OPERATION OF THE RESORT COMPLEX

PART IV-PROVISIONS RELATING TO THE CONSTRUCTION OF ROADS IN CONNECTION WITH THE CONSTRUCTION AND OPERATION OF THE RESORT COMPLEX

PART V-GENERAL SCHEDULES

(6)

Sch. QUEENSLAND INTERNATIONAL TOURIST CENTRE

AGREEMENT ACT 1978 Sch. 5

2. (1) In this Agreement unless the context otherwise requires the general terms following shall have the meanings respectively assigned to them:-

"the Act" means the Queensland International Tourist Centre Agreement Act 1978;

"Acquisition of Land Act" means the Acquisition of Land Act 1967-1969;

"ancillary activities" means all activities, including commercial, necessary or convenient for the establishment, maintenance, expansion or profitable operation of the resort complex as a tourist resort of international standard;

"Beach" means for the purposes of this Agreement the land which is situated between the eastern boundary of the land described in Schedule A and Schedule B to this Agreement and mean low water mark at spring tides of the main sea except that where the eastern boundary of such land is east of mean high water mark at spring tides of the main sea the beach shall be the land between mean high water mark and low water mark at spring tides of the main sea;

"Beach Protection Act" means the Beach Protection Act 1968- 1974;

"Building Units Titles Act" means the Building Units Titles Act 1965-1972;

"Canals Act" means The Canals Acts, 1958 to 1960;

"Clean Waters Act" means the Clean Waters Act 1971-1976;

"Coal Mining Act" means the Coal Mining Act 1925-1976;

"Companies Act" means the Companies Act 1961-1975;

"Co-ordinator-General" means the corporation sole constituted under section 8A of The State Development and Public Works Organisation Act of 1938, as subsequently amended, and preserved, continued in existence and constituted under Section 11 of the State and Regional Planning and Development, Public Works Organization and Environmental Control Act 1971-1974;

"Group Titles Act" means the Group Titles Act 1973;

"Irrigation and Water Supply Commission Act" means The Irrigation and Water Supply Commission Acts, 1946 to 1949;

"Land Act" means the Land Act 1962-1975;

"Lake" means a body of water surrounded by land whether occurring naturally or artificially constructed, used or intended to be used primarily for ornamental or recreational purposes; the term does not include a canal within the meaning of the Canals Act;

"Local Authority" means a Local Authority constituted under the Local Government Act; the term in relation to any functions of local government under the Local Government

(7)

AGREEMENT ACT 1978 Sch.

Act includes any of the powers and duties conferred upon Local Authorities under any other Act;

"Local Government Act" means the Local Government Act 1936- 1977;

"Livingstone Shire Council" means the Council of the Shire of Livingstone, a Local Authority duly constituted under the Local Government Act;

"Main Roads Act" means the Main Roads Act 1920-1976;

"Mining Act" means the Mining Act 1968-1976;

"Minister" means in relation to Part I and Part V hereof the Premier of Queensland and in relation to each of the other Parts the Minister or Ministers as the case may be designated in that Part;

"Motor Vehicles Control Act" means the Motor Vehicles Control Act 1975;

"Petroleum Act" means the Petroleum Act 1923-1976;

"Real Property Act" means the Real Property Act 1861-1976;

"Registrar of Titles" means the Registrar of Titles appointed under The Registrar of Titles Act of 1884 and includes a Deputy Registrar of Titles appointed under The Real Property (Land Registries) Act of 1887[.]*

"resort complex" means the land described in Schedule A and Schedule B to this Agreement and the buildings and other structures, tourist facilities, and all other Works necessary or convenient for the establishment, maintenance and profitable operation of the development as described in Schedule F to this Agreement and which are situated on the lands described in Schedule A and Schedule B to this Agreement: the term includes accommodation units, containing multiple apartments, flats or home units;

"resort complex population" means the maximum number of people at the resort complex at anyone time when the resort complex is fully developed: the term includes staff and tourists residing in the resort complex both permanently and temporarily, and tourists, staff and service personnel visiting the resort complex during anyone day or part thereof;

"State" means the State of Queensland;

"Water Act" means the Water Act 1926-1976;

"Water Quality Council" means the Water Quality Council of Queensland constituted under the Clean Waters Act;

"Works" means and includes jetties, wharves, marinas, roads, walking tracks, drains, dams, water facilities, houses, buildings, machinery, engines, vehicles, apparatus, stock, chattels and all such other matters and things of any nature whatsoever whether of the kind hereinbefore set out or not

*

Sic

(8)

as are required for the purpose of the resort complex and ancillary activities.

(2) The singular includes the plural and the plural includes the singular.

(3) Any reference to any Act or Acts shall include that Act or those Acts and any Act amending or in substitution thereof.

Varied by Order in Council published Gazette 16 December 1978, p. 1802.

3. The making of this Agreement is authorised by the Parliament of the State of Queensland expressed in an Act entitled the Queensland International Tourist Centre Agreement Act 1978.

4. (1) The State shall exempt from stamp duty or similar duty this Agreement.

(2) The Company shall pay all stamp duty or similar duty payable in respect of any contract entered into by the Company for the purposes of this Agreement or any document ancillary to such a contract or this Agreement or in implementation thereof.

5. This Agreement may be varied pursuant to agreement between the Minister and the Company with the approval of the Governor in Council by Order in Council and after consultation by the Company with relevant State Authorities and Local Authorities. Such Order in Council shall be laid before the Legislative Assembly within fourteen (14) days after its publication if the Legislative Assembly is in Session and if not within fourteen (14) days after the commencement of the next Session of the Legislative Assembly.

6. The resort complex population shall be twenty-two thousand.

(22,000).

7. The Company shall on or before the thirty-first day of December, 1978 submit evidence in writing to the Minister which is satisfactory to the Minister that it has arranged finance on terms satisfactory to it sufficient to carry out the construction and development of the resort complex and its obligations under this Agreement PROVIDED THAT should such evidence in writing not be submitted to the Minister on or before the thirty-first day of December, 1978 then this Agreement shall lapse and be of no further force and effect.

8. (1) In the event that-

(a) freehold lands described in Part 2 of Schedule A to this Agreement are not transferred to the Company; or

(b) leasehold lands described in Part 4 of Schedule A to this Agreement are not converted to freehold and transferred to the Company,

before the thirty-first day of March, 1980 this Agreement shall have no further force and effect in respect of those lands not transferred.

(2) The Registrar of Titles shall notwithstanding Section 147A of the Land Act but subject to the provisions of the Real Property Act

(9)

AGREEMENT ACT 1978 ^Sch.

upon the presentation to him of a Deed of Grant and a duly stamped and executed Memorandum of Transfer in favour of the Company in respect of the relevant land described in Part 4 of Schedule A to this Agreement register the Company as the proprietor of an estate in fee simple in such land.

9. (1) This Agreement shall terminate on the thirty-first day of December, 1998 or such earlier date as may be agreed between the State and the Company.

(2) At a time not being earlier than five (5) years nor later than one (1) year prior to the thirty-first day of December, 1998 the Company may apply to the Minister for a renewal of this Agreement and subject to there being no existing breach or non-observance of any of the provisions of this Agreement the Governor in Council by Order in Council shall thereupon grant a renewal thereof for any period requested by the Company of up to twenty (20) years from the thirty-first day of December, 1998.

10. (1) The Company shall commence construction and development of Stage I of the resort complex as described in Schedule F to this Agreement on or before the first day of April, 1979 which stage shall be completed within five (5) years of the said date.

(2) The Company shall construct and develop the resort complex by stages as described in Schedule F to this Agreement. Three (3) months before commencing any stage or any subsequent stage the Company shall submit to the Minister for his approval a time programme for that stage and shall not commence work on that stage until the Minister notifies the Company in Writing that he approves of the programme.

The Company shall commence and complete each stage in accordance with the programme approved by the Minister.

PART II-PROVISIONS RELATING TO LAND

1. In this Part unless the context otherwise requires the terms following shall have the meanings assigned to them:-

"Treasurer" means the Treasurer of the State of Queensland;

"Minister" means the Minister of the Crown for the time being charged with the administration of the Beach Protection Act.

2. The Beach Protection Act, the Mining Act, the Coal Mining Act, and the Petroleum Act shall have no force and effect with respect to the lands described in Schedule A and Schedule B to this Agreement PROVIDED THAT the Company shall not mine or extract gold, coal or petroleum within the meaning of the Petroleum Act or mineral within the meaning of the Mining Act from the said lands.

3. Notwithstanding the provisions of any Act-

(1) Contemporaneously with the execution of this Agreement the Company shall-

(a) pay to the State the sum of Four hundred thousand dollars ($400,000); and

(10)

8ch. QUEENSLAND INTERNATIONAL TOURIST CENTRE

AGREEMENT ACT 1978 ^8ch. ⁹

(b) deposit the further sum of Four hundred thousand dollars ($400,000) in a separate interest bearing deposit in which no other moneys shall be deposited with a bank duly registered or recognized as a company in the State of Queensland which sum shall be provided and dealt with in accordance with the provisions of Sub-clause (4) hereof.

(2) The State shall as soon as practicable purchase from Livingstone Shire Council and Livingstone Shire Council shall sell to the State the lands described in Schedule B to this Agreement for the sum of Four hundred thousand dollars ($400,000).

(3) Without further payment by the Company to the State, the State shall upon settlement of the sale referred to in Sub- clause (2) hereof deliver to the Company a Memorandum of Transfer in favour of the Company entitling the Company to be registered as the proprietor of an estate in fee simple in the lands described in Schedule B to this agreement together with the relevant instrument of title.

(4) The Company shall make arrangements with its parent and associated companies namely Iwasaki Sangyo Co. Ltd., Ibusuki Kanko Co. Ltd. and Olympic Kanko Co. Ltd. to donate to the State the sum of Four hundred thousand dollars ($400,000) and in accordance with such arrangements shall deposit such sum as provided in Sub-clause (1) (b) hereof. The sum so deposited shall not be withdrawn.

Such deposit shall be accompanied by an Authority from the Company to the said bank authorising the said bank to pay to the State-

(a) the sum of One hundred thousand dollars ($100,000) on a date being twelve (12) months from the date of execution of this Agreement;

(b) the sum of One hundred thousand dollars ($100,000) on a date being twenty-four (24) months from the date of execution of this Agreement;

(c) the sum of Two hundred thousand dollars ($200,000) on a date being thirty-six (36) months from the date of execution of this Agreement

and directing the said bank to make no payment from such deposit other than in respect of interest to· any person or company, including the Company.

Contemporaneously with the execution of this Agreement the Company shall deliver a copy of the said Authority to the Treasurer and a copy of a letter from the said bank signed by the Manager or other responsible person acknowledging receipt of the said Authority.

The State shall have no claim upon any interest accruing on the said sum.

(11)

4. The State shall in conformity with the provisions of the Land Act except in so far as such provisions are inconsistent with this Agreement upon the request of the Company grant Special Leases over Portion 16 and Portion 17 Parish of Woodlands, County of Palmers ton, upon the terms and conditions contained in Schedule C and Schedule D to this Agreement respectively and the Company shall be entitled to be granted Perpetual Lease ten'Qre over the said Special Leases PROVIDED THAT the Company shall at the time of making a request for Perpetual Lease tenure have performed and observed all of the conditions of the Special Lease and performed and observed all of its obligations under Clause 10 (1) of Part I of this Agreement.

5. (1) The Company shall, as soon as practicable after the coming into force of this Agreement take all such steps as are necessary to prepare a plan of survey which creates within the land described in Schedule A and Schedule B to this Agreement two allotments with their western boundaries-

(a) in the case of the southernmost allotment about fifty (50)

metres from high water mark between the southern boundary of the resort complex and the dedicated road known as Hinz Avenue, parish of Woodlands, County of Palmerston;

(b) in the case of the northernmost allotment-

(i) about twenty (20) metres from the eastern boundary of the resort complex from the southern boundary to the northern boundary of Lot 1 on R.P. 10004, Parish of Woodlands, County of Palmerston;

(ii) about eighty (80) metres from the eastern boundary of the resort complex from the northern boundary of Subdivision 1 of Resubdivision 7 of Subdivision 2 of Portion 868, Parish of Woodlands, County of Palmers ton to the intersection with the southern boundary of Portion 15, Parish of Woodlands, County of Palmerston, being Special Lease No. 32827;

(iii) about twenty (20) metres from the eastern boundary of the resort complex from the southern boundary to the northern boundary of the said Portion 15; and

(iv) about ninety (90) metres from the eastern boundary of the resort complex from the northern boundary of the said Portion 15 to the northern boundary of Portion 16, both in the Parish of Woodlands, County of Palmerston and with their eastern boundaries as near as practicable to high water mark. The boundaries of such allotments shall be physically marked on the ground by permanent survey monuments at reasonable spacings.

Such plan shall be submitted to the Minister.

(2) Notwithstanding the provisions of the Beach Protection Act within the allotments described in Sub-clause (1) hereof the Company shall-

(a) permit public access to the high water mark in accordance with the provisions of Clause 3 of Part IV of this Agreement;

(12)

AGREEMENT ACT 1978 Sch. 11 (b) maintain at the sole cost of the Company the allotments

from erosion or encroachment by the sea using suitable sand nourishment and vegetation (which may be maintained by irrigation) as directed by the Minister such directions to be carried out within a reasonable time;

(c) not construct buildings or structures of any kind.

(3) Notwithstanding the provisions of any Act the Minister shall have power to direct the Company to take such action and within such time as the Minister in his sole discretion deems fit for the maintenance of the allotments from erosion or encroachment by the sea.

(4) The State does not warrant that any land within the allotments or on the western side of the allotments or any improvement constructed thereon shall not be affected in any way through erosion or encroachment of the sea and any damage through such erosion or encroachment occasioned to such land or any improvement constructed thereon shall be to the sole cost of the Company.

(5) The Company acknowledges that the public has the free and unrestricted use of the beach.

6. The control and regulation of motor vehicles on and east of allotments described in Clause 5 of this Part shall be as set out in the Motor Vehicles Control Act save that notwithstanding anything to the contrary contained in that Act the Minister of the Crown for the time being charged with the administration of the Motor Vehicles Control Act shall issue permits and attend to all other matters prescribed by the Act that would otherwise have been the function of any Local . Authority.

7. The Company, on or before the first day of April, 1984 shall provide and maintain an area of not less than seventy-seven (77) hectares for at least two recreation areas and appropriate parking areas adjacent to the access road described in Clause 3 of Part IV of this Agreement, as determined by the Minister of the Crown for the time being char~ed

with the administration of the Local Government Act. Such recreation areas shall be available for the free and unrestricted use by the public between hours of sunrise and sunset and the Company shall not be entitled to charge a fee in respect of such use. Such recreation areas may form part of larger parks.

For the purpose of this Clause the expression "recreation areas"

means areas available for "Recreation" as defined in Schedule F to this Agreement.

8. On or before the thirty-first day of March, 1980 and subject to the Company retaining ownership of the lands described in Part I of Schedule A to this Agreement and obtaining an estate in fee simple in the lands described in Parts 2 to 5 inclusive of Schedule A to this Agreement, the Minister who for the purposes of this Clause shall mean the Minister of the Crown for the time being charged with the administration of the Land Act, shall take all necessary steps pursuant

(13)

to Section 368 of the Land Act to permanently close the roads described in Schedule E to this Agreement.

Should the Company sell any of the lands described in Part 1 of Schedule A to this Agreement or not obtain an estate in fee simple in any of the lands described in Parts 2 to 5 inclusive of Schedule A to this Agreement, the roads to be so closed shall be as determined by the Minister in order that dedicated access is retained to the lands not owned by the Company.

Closure of such roads shall be subject to the amalgamation of lands in accordance with the provision of Clause 3 of Part V of this Agreement and the disposal of the land previously contained in such road shall be

by way of Section 208 (e) of the Land Act.

The price to be charged for the land previously contained in such roads shall be determined by the Minister in accordance with the provisions of the Land Act and such valuation shall be the value of such land as at the thirty-first day of March, 1979.

If the Company surveys, constructs and dedicates a road through its land in a location and on an alignment and to a standard to the satisfaction of Livingstone Shire Council in lieu either of the existing road:

(a) giving access to Landing Reserve R. 11, Parish of Woodlands, County of Palmerston; or

(b) between the south western boundary of Portion 1661, Parish of Maryvale, County of Palmerston and the south eastern corner of Portion 1663, Parish of Maryvale, County of Palmerston,

the existing road shall be permanently closed and sold to the Company in accordance with the provisions of this Clause for the sum of One (1) dollar.

9. Upon the closure of a road within the resort complex the land previously contained in such road shall upon sale to the Company be deemed to be included in Schedule A or Schedule B to this Agreement and be deemed to be included in the Resort Development Area according to its location.

10. In respect of the land described in Part 5 of Schedule A to this Agreement the price to be charged for such land shall be as determined by the Minister of the Crown for the time being charged with the administration of the Land Act in accordance with the provisions of the Land Act and notified to the Company by the thirty-first day of December, 1978 and upon payment of such amount, not earlier than that date or later than the thirtieth day of June, 1979, the Company shall be entitled pursuant to the provisions of the Land Act to a Deed of Grant in fee simple.

(14)

PART III-PROVISIONS RELATING TO THE SUPPLY OF WATER AND

DISPOSAL OF WASTE FOR AND IN CONNECTION WITH THE CONSTRUCTION AND OPERATION OF THE RESORT COMPLEX 1. In this Part unless the context otherwise requires the two terms following shall have the meanings respectively assigned to them:-

"Commissioner" means the Commissioner of Irrigation and Water Supply under and within the meaning of the Irrigation and Water Supply Commission Act;

"Minister" means the Minister of the Crown for the time being charged with the administration of the Water Act.

2. The Company shall enter into negotiations with Livingstone Shire Council and form an agreement subject to Clause 11 of Part V of this Agreement for an assured supply of reticulated town water for use in and associated with buildings in the resort complex. Such agreement shall provide for financing, construction, ownership, use, operation and maintenance of the said water supply PROVIDED ALWAYS THAT should alternative underground sources of potable water for such use in the resort complex be proved to the satisfaction of the Minister within three (3) years of the coming into force of this Agreement and prior to the execution of any agreement with respect to water supply with Livingstone Shire Council then this Clause shall not apply.

3. (1) Within six (6) months of this Agreement coming into force the Company shall after consultation with the Commissioner provide to the satisfaction of the Commissioner a proposal for the detailed investigation of the groundwater resources within lands described in Schedule A and Schedule B to this Agreement and such other lands as the Commissioner considers necessary. Upon approval of the proposal, with such modifications as the Commissioner considers necessary the Company shall forthwith arrange to carry out the investigation in a professional manner to the satisfaction of the Commissioner. The results and interpretation of the investigation shall be provided to the Commissioner who may make such use of them as he sees fit.

(2) The Commissioner shall determine the volume of total annual supply which may be safely extracted on a long term basis from the aquifers underlying the lands described in Schedule A and Schedule B to this Agreement and upon application by the Company grant licenses to enable the Company to withdraw its reasonable requirements for such supplies after having due regard to the present and likely future requirements of other existing users of the resource and the protection of the aquifers against contamination by sea water or by poor quality waters.

(3) The Company shall provide the Commissioner through the District Office nominated by him with the following particulars:

(a) on a six (6) monthly basis, the quantity of water obtained from bores and wells;

(b) on a six (6) monthly basis, the water levels existing in all bores or wells constructed for the purpose of monitoring aquifer performance;

(15)

(c) on an annual basis a chemical and microbiological analysis of the water from each production bore.

In the event of the Company not complying within four (4) weeks with requirements of this Clause the Commissioner shall arrange for such work as is necessary to be carried out to obtain such particulars and the full cost of such work shall be reimbursed to the Commissioner by the Company.

4. (1) If in the opinion of the Commissioner the operations of the Company cause a reduction in the supply of groundwater to the owner of any existing bore, well or spring, or cause a reduction in the quality of the water therefrom, the Company shall, at its own expense and with all expediency provide the owner with an alternative supply no less in discharge rate and quantity and of no lesser quality than would, in the Commissioner's opinion have been the case if the Company operations had not taken place. The Company shall provide a temporary supply for such owner to the satisfaction of the Commissioner in the event of delays in the provision of a permanent supply.

This Clause shall apply notwithstanding the conditions of any bore licence which may be issued by the Commissioner under the Water Act.

(2) In case any question shall arise between the Commissioner and the Company concerning this Clause then and in every such case such question shall be referred to the Minister for determination.

5. The Company shall provide, maintain and operate works for the treatment and disposal of water borne sewage and trade wastes to the approval of the Water Quality Council. The Company shall apply to the Water Quality Council for any licenses required under the Clean Waters Act and shall provide the Water Quality Council with information and documents required under the said Act. Subject to any specific requirements of the Water Quality Council, the design and specification of the said works shall be in accordance with the Guidelines for Review of Sewerage Schemes issued by the Department of Local Government in September 1977, and shall be submitted to the Director of Water Quality appointed pursuant to the said Act for review and approval prior to entering into contracts for the said works.

The Company shall provide, maintain and operate house plumbing, house drainage, sewers, pumping stations and pressure mains to convey wastes to the said works. Subject to any specific requirements of the Water Quality Council, the sewers, pumping stations and pressure mains shall be designed and specified in accordance with the said Guidelines.

House plumbing and house drainage shall be in accordance with the Standard Sewerage By-Laws for the State of Queensland.

Proposals for the treatment and disposal of wastes other than water borne wastes shall be submitted to the Water Quality Council and the Company shall comply with any requirements imposed for the prevention or minimising of water pollution.

(16)

Construction of such works shall be carried out under the supervision of a suitably qualified and experienced engineer approved by the Minister who for the purposes of this Clause shall be the Minister of the Crown for the time being charged with the administration of the Local Government Act.

Works for the treatment and disposal of wastes shall be operated or supervised by a person having qualifications approved by the Water Quality Council.

PART IV-PROVISIONS RELATING TO THE CONSTRUCTION OF ROADS IN CONNECTION WITH THE CONSTRUCTION AND OPERATION OF THE RESORT COMPLEX

1. In this Part, unless the context otherwise requires, the several terms following shall have the meanings respectively assigned to them:-

"Commissioner" shall mean the Commissioner of Main Roads appointed under the Main Roads Act;

"Minister" shall mean the Minister of the Crown for the time being charged with the administration of the Main Roads Act.

2. (1) Notwithstanding the provisions of any other Act capital works, including but not limited to road widening and road realignment, on the Rockhampton to Yeppoon Declared Road and on that part of the Yeppoon to Byfield Declared Road from Yeppoon to the southernmost entrance to the resort complex, as approved by the Minister on the recommendation of the Commissioner, shall be undertaken by the State at the sole cost of the State.

(2) As soon as practicable the Company shall supply to the Commissioner the expected construction programme and expected traffic movements on the said Declared Roads to and from the resort complex over the succeeding five (5) years, including reports and relevant information to support the said programme and traffic movements and the Company shall supply such revisions of the said programmes and traffic movements as the Commissioner may from time to time request.

The Commissioner shall consider the said programme and expected traffic movements supplied by the Company in making his recommendations to the Minister pursuant to Sub-clause (1) hereof.

3. The Company shall provide and maintain at its cost a road on an alignment previously approved by the Minister extending from the southernmost entrance to the resort complex on the Yeppoon to Byfield Declared Road in a northerly direction to the line marked "X-X" on the map marked Appendix 6 contained in Schedule F to this Agreement and on lands described in Schedule A and Schedule B to this Agreement.

The said road shall be constructed to a standard appropriate to the expected vehicular traffic. From the said road the Company shall provide and maintain such roads and reasonable parking areas as are necessary to provide access to not less than eight (8) approximately evenly spaced points at high water mark between the southern boundary of the resort complex and the line marked "X-X" on the said map at such points

(17)

16 Sch. QUEENSLAND INTERNATIONAL TOURIST CENTRE Sch.

AGREEMENT ACT 1978

as shall have been previously approved by the Minister. The said parking areas for motor vehicles shall be constructed as near as practicable to the western boundary of the allotments defined in Clause 5 of Part II of this Agreement and the Company shall provide and maintain pedestrian ways to such points of access from the said parking areas to the satisfaction of the Minister. The road, four (4) pedestrian ways and associated parking areas shall be constructed prior to the first day of April, 1984 and the remaining four (4) pedestrian ways shall be constructed as soon as practicable after the said date. The road, parking areas and pedestrian ways shall be available for use by the public at all times between the hours of sunrise and sunset. Such pedestrian ways shall be available for the use of the public and the Company shall not be entitled to charge a fee in respect of such use.

All works in the allotments defined in Clause 5 of Part II of this Agreement shall be constructed to the satisfaction of the Minister of the Crown for the time being charged with the administration of the Beach Protection Act.

4. After consultation with Livingstone Shire Council the Company shall as soon as practicable survey and construct during Stage I of the resort complex a two lane road to a standard acceptable to Livingstone Shire Council and appropriate to the expected vehicular traffic from a point on the Yeppoon to Byfield Declared Road to Landing Reserve R.ll Parish of Woodlands, County of Palmerston at Fishing Creek. The Company shall upon completion arrange for the dedication of such parts thereof that shall not already be dedicated.

PART V-GENERAL

1. This Agreement shall be interpreted according to the laws for the time being in force in the State.

2. Nothing in this Agreement shall prevent the acquisition of any lands described in Schedule A and Schedule B to this Agreement by the Minister of the Crown for the time being charged with the administration of the [Acquistion]* of Land Act.

3. Subject to the provisions of this Agreement and notwithstanding the provisions of any Act:

(1) The Company shall take all such steps as are necessary to progressively amalgamate the land described in Schedule A and Schedule B to this Agreement owned by the Company into the optimum number of parcels for the purposes of this Agreement the plan of which shall be .certified !'y the Co-ordinator-General and shall lodge the saId plan With the Registrar of Titles prior to the thirty-first day of March, 1983 for registration.

(2) The Registrar of Titles shall with the approval of the Governor in Council by Order in Council register plans of subdivision of any of the lands described in Schedule A or Schedule B to this Agreement PROVIDED THAT such plans have the prior certification of the Co-ordinator-General.

*Sic

(18)

The Registrar of Titles shall upon registration of a plan of subdivision endorse a memorial of the restriction upon sale contained in Sub-clause (4) hereof on each instrument of title and on each copy held in his office of such instrument of title whether existing or issued consequent upon the registration of the plan of subdivision.

(3) Prior to certification of any plan submitted by the Company pursuant to Sub-clause (1) or Sub-clause (2) hereof the Co- ordinator-General shall ensure that consistent with the orderly development of the resort complex and ancillary activities such plan

(a) is consistent with the provisions of this Agreement;

(b) as far as practicable is in conformity with the provisions of the Building Units Titles Act, the Group Titles Act, relevant By-laws of Livingstone Shire Council and the Local Government Act; and

(c) shows road access to all lots to the minimum requirements of the By-laws of Livingstone Shire Council.

(4) The Company shall not sell any land subdivided in accordance with Sub-clause (2) hereof without providing public access to such land from a dedicated road and unless and until the Governor in Council by Order in Council shall have approved of such sale PROVIDED ALWAYS THAT upon the said approval the land the subject of such sale shall be deemed to be removed from Schedule A or Schedule B to this Agreement as the case may be and this Agreement shall have no further force and effect in respect of that land.

The Registrar of Titles shall not register a Memorandum of Transfer from the Company in respect of any land subdivided in accordance with Sub-clause (2) hereof unless and until there shall be produced to him an Order in Council containing the approval of the Governor in Council of such sale.

Upon registration of a Memorandum of Transfer from the Company in respect of any such land the Registrar of Titles shall endorse the memorial referred to in Sub-clause (2) hereof on the instrument of title and on the copy of such instrument of title held in his office that the restriction upon sale contained in this Sub-clause has ceased to subsist or to operate in respect of the land identified in the Order in Council.

(5) The Company may lease or otherwise grant rights of user over any land or part thereof described in Schedule A and Schedule B to this Agreement to any Corporation which is for the time being a subsidiary of Iwasaki [Sango]* Co. Ltd.

(6) Any lease entered into by the Company shall contain the express condition that the lessee shall carry out only such

*

^Sic

(19)

operations on the land described in Schedule A and Schedule B to this Agreement as are consistent with the provisions of this Agreement and shall not sublease the lease or any part thereof.

(7) The Company shall not lease any land the subject of this Agreement to a company unless such company is registered or recognized in accordance with the provisions of the Companies Act of the State of Queensland.

(8) Each residential and commercial building approved for erection pursuant to Clause 8 of this Part and erected by the Company or by a lessee of the Company shall be so erected only on a subdivided lot shown on a plan certified by the Co-ordinator-General pursuant to Sul>-clause (3) hereof save and except that on application by the CompanY.' to the Minister the Governor in Council by Order in CouncIl on the recommendation of the Minister may dispense with the requirements of this Sub-clause.

(9) Should the Company propose a development that is inconsistent with the provisions of this Agreement including but not limited to an inconsistency with the provisions of Clause 8 of this Part of this Agreement the Governor in Council by Order in Council may excise the land required by the Company for such development from Schedule A or Schedule B to this Agreement and this Agreement shall have no further force and effect in respect to such land.

(10) Notwithstanding the provisions of subclause (6) of this Clause-

(a) the operations by the lessee on land described as lots 1 to 7 on Registered Plan No. 9316, Parish of Yeppoon, County of Livingstone, Certificate of Title, Volume C409, folio 32, containing 15.26 hectares, which land is held under lease from the Company by Kenneth Stanley Graham and Timothy James Harrington, shall be deemed to be consistent with the provisions of this Agreement for the term of the said lease or until the fifth day of March, 1980, whichever is the earlier.

(b) the operations by the lessee on land described as Subdivision 4 of Resubdivision 1 of Subdivision 1 of Portion 83, Parish of Woodlands, County of Palmerston, Certificate of Title No. C30285, Volume 211, Folio 38, containing 66 acres 1 rood 28 perches, which land is held under lease from the Company by Francis Robert Walden and Peter Clayton, shall be deemed to be consistent with the provisions of this Agreement for the term of the said lease or until the thirtieth day of June, 1981, whichever is the earlier.

4. The Company shall be at liberty at all times to borrow money on the security of the resort complex and no mortgage, mortgage

(20)

debenture or other instrument constituting a mortgage or charge on the resort complex or any part thereof shall require the consent of the Minister or of the Governor in Council.

Every mortgage, mortgage debenture or other instrument constituting a mortgage or charge on the resort complex, or any part thereof shall contain the express provision or a provision to the like effect that no mortgagee shall have any greater right to sell or dispose of such resort complex without the consent of the Governor in Council expressed by Order in Council than the Company itself possesses under the provisions of this Agreement.

No mortgage, mortgage debenture or other instrument shall constitute a mortgage or charge on the resort complex, or any part thereof unless it contains the foregoing express provisions or provisions to the like effect.

5. Any transfer of benefits and obligations to any person or company may be done only with the approval of the Governor in Council by Order in Council and on such terms and conditions as the Governor in Council may by Order in Council specify and in any such case the transferee may be made a party to this Agreement and this Agreement may be varied in accordance with Clause 5 of Part I of this Agreement.

Such approval shall not be given unless it is established to the satisfaction of the Minister that such transferee is capable of carrying out the obligations so transferred and has sufficient funds available for the purpose PROVIDED THAT no transfer to another company shall be valid unless or until such company has been duly registered or recognized under the laws relating to companies in the State.

6. (1) Prior to the undertaking by the Company of the development' of any part of the resort complex the Company shall have investigated and reported on engineering aspects and the environmental effects of the development of the resort complex in such manner as may be approved by the Minister. Such reports shall be submitted to the Minister and shall be held by the Minister as confidential documents unless advised in writing to the contrary by the Company.

(2) Without limit to any duties or responsibilities of the Company according to the laws for the time being in force in the State or any licence lease or other instrument, the Governor in Council may by Order in Council direct that measures specified by him in such Order in Council be taken by the Company at the Company's cost to ensure the avoidance or minimisation of undesirable effects on the environment with respect to the construction, operation and maintenance of the resort complex and such measures shall be deemed to be obligations pursuant to this Agreement.

7. Any notice consent requirement notification or writing authorised or required by this Agreement to be given or sent shall be deemed to have been duly given or sent by the State or the Governor in Council or a Minister if signed by the Minister and forwarded by prepaid registered post to the Company at its registered office in the State from

(21)

time to time or at such other place as it may fix from time to time by written notice to the Minister and by the Company if signed on behalf of the Company by the managing director general manager secretary attorney or solicitor of the Company and forwarded by prepaid registered post to the Minister at his office in Brisbane in the said State and any such notice consent requirement notification or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in the ordinary course of post.

8. (1) Notwithstanding the provisions of Section 33 of the Local Government Act or any By-law made pursuant to such Section or any Town Planning Scheme in force in the Shire of Livingstone the use of and operations of the Company or any Statutory Authority on the lands described in Schedule A and Schedule B to this Agreement in conformity with the use as designated in Sub-clause (3) hereof may be undertaken and carried out thereon without any interference or interruption by any Local Authority or by any other Corporation or Instrumentality of the State or by any person on the grounds that such operations are contrary to any Town Planning Scheme or Town Planning By-law of any such Local Authority.

(2)-

(a) The lands described in Schedule A and Schedule B to this Agreement and shown coloured red on the map marked Appendix 6 contained in Schedule F to this Agreement shall during the currency of this Agreement be included in Resort Development Area A;

Subdivision 1 of Resubdivision 4 of Subdivision 21 of Resubdivision 2 of Subdivision 2 of Portion 868, Parish of Woodlands, County of Palmerston, Certificate of Title No.

C44726, Volume 271, Folio 229, containing 1 acre 15.9 perches, and Subdivision 4 ofResubdivision 6 of Subdivision 21 of Resubdivision 2 of Subdivision 2 of Portion 868, Parish of Woodlands, County of Palmerston, Certificate of Title No. C44724, Volume 271, Folio 227, containing 3 acres 15 perches, being land described in Part I of Schedule A to the Agreement shall during the currency of this Agreement be included in Resort Development A.

(b) The lands described in Schedule A to this Agreement and shown coloured green on the said map shall during the currency of the Agreement be included in Resort Development Area B;

( c) The lands described in Schedule A to this Agreement and shown coloured yellow on the said map shall during the currency of the Agreement be included in Resort Development Area C;

(d) The lands described in Schedule A to this Agreement and shown coloured pink on the said map shall during the currency of the Agreement be included in Resort Development Area D;

(22)

(e) The lands described in Schedule A and Schedule B to this

agr~ement and shown coloured orange on the said map shall dunng the currency of the Agreement be included in Resort Development Area E.

(3) The purposes for which lands described in Schedule A and Schedule B to the Agreement may be used during the currency of this Agreement shall-

(a) in relation to those lands included in Resort Development Area A be the uses set out in Appendix 1 annexed to Schedule F;

(b) in relation to those lands included in Resort Development Area B be the uses set out in Appendix 2 annexed to Schedule F;

(c) in relation to those lands included in Resort Development Area C be the uses set out in Appendix 3 annexed to Schedule F;

(d) in relation to those lands included in Resort Development Area D be the uses set out in Appendix 4 annexed to Schedule F;

(e) in relation to those lands included in Resort Development Area E be the uses set out in Appendix 5 annexed to Schedule F.

(4) The Company shall use the lands described in Schedule A and Schedule B to this Agreement only in accordance with the provisions of Sub-clause (3) hereof;

(5) Notwithstanding the contents of the map described in Sub- clause (2) hereof, a road dedicated whether before or after the coming into force of this Agreement shall not while so dedicated be deemed for any purpose whatsoever to be land included in any Resort Development Area.

(6) Subject to the preceding provisions of this Clause the Company when using and developing lands set out in Schedule A and Schedule B to this Agreement shall be subject to the provisions of the Local Government Act and the By-laws of Livingstone Shire Council.

9. Notwithstanding the Order in Council dated the fourteenth day of February, 1974, specifying that Section 19 of the Canals Act shall be in force in certain Local Authority Areas the provisions of such Section shall not apply in respect of lands held by the Company described in Schedule A and Schedule B to this Agreement.

10. The Company shall at all times adequately preserve maintain and cleanse any lake in the resort complex to the satisfaction of Livingstone Shire Council and shall comply with any By-law of Livingstone Shire Council with respect thereto and with any requirement term or condition imposed by Livingstone Shire Council pursuant to

(23)

any permission consent or approval granted for the construction or use of such lake.

11. Livingstone Shire Council or any other Authority constituted by Statute may enter into contracts with the Company PROVIDED THAT any contract so entered into is not inconsistent with this Agreement or any Act.

12. Nothing in this Agreement contained or implied shall constitute a partnership between the State and the Company.

(24)

Sch. A QUEENSLAND INTERNATIONAL TOURIST CENTRE Sch. A 23 AGREEMENT ACT 1978

SCHEDULE A

PART 1

Lot 2 on Registered Plan No. 10839 Parish of Woodlands County of Palmerston Certificate of Title Volume C385 Folio 42 containing 161 acres 1 rood 23 perches.

Lot 1 on Registered Plan No. 10004 Parish of Woodlands County of Palmerston Certificate of Title Volume C360 Folio 64 containing 21 acres 2 roods 27.1 perches.

Subdivision 8 of Resubdivision 7 of Subdivision 2 of Portion 868 on Plan Cat. No. 1514 Parish of Woodlands County of Palmerston Certificate of Title Volume C362 Folio 222 containing 41 acres 32 perches.

Lot 2 on Registered Plan No. 9454 Parish of Yeppoon County of Livingstone Certificate of Title Volume C400 Folio 247 containing 12.54 hectares.

Subdivision 1 of Portion 1564 Resubdivision 1 of Subdivision 1 of Portion 83A and Resubdivision 3 and Subdivision 1 of Resubdivision 2 of Subdivision 1 of Portion 616 Parish of Woodlands County of Palmerston Certificate of Title No. C29231 Volume 205 Folio 234 containing 315 acres 1 rood 15.5 perches exclusive of 4 acres 2 roods reserved for road purposes in Subdivision 1 of Portion 1564.

Lot 2 on Registered Plan No. 9498 Parish of Woodlands County of Palmerston Certificate of Title Volume C387 Folio 115 containing 46 acres.

Resubdivisions 2 and 3 of Subdivision 23 of Resubdivisions 2 and 5 of Subdivision 2 of Portion 868 Parish of Woodlands County of Palmerston Certificate of Title Volume C402 Folio 63 containing 18.62 hectares.

Resubdivisions 4 and 5 of Subdivision 23 of Resubdivisions 2 and 5 of Subdivision 2 of Portion 868 Parish of Woodlands County of Palmerston Certificate of Title Volume C417 Folio 189 containing 19.66 hectares.

Portion 2112 Parish of Woodlands County of Palmers ton Certificate of Title No. C19445 Volume 161 Folio 198 containing 1212 acres exclusive of 30 acres reserved for road purposes.

Lot 1 on Registered Plan No. 9498 Parish of Woodlands County of Palmerston Certificate of Title Volume C346 Folio 161 containing 156 acres 3 perches.

Subdivision 16 of Resubdivision 8 of Subdivision 2 of Portion 868 Parish of Woodlands County of Palmerston Certificate of Title No.

C20220 Volume 164 Folio 223 containing 54 acres 2 roods 4 perches.

(25)

24 Sch. A QUEENSLAND INTERNATIONAL TOURIST CENTRE Sch. A AGREEMENT ACT 1978

Resubdivision 1 of Subdivision 24 ofResubdivision 2 of Subdivision 2 of Portion 868 Parish of Woodlands County of Palmerston Certificate of Title No. C6233 Volume 299 Folio 187 containing 51 acres 29.3 perches.

C556 Volume 54 Folio 59 containing 183 acres 1 rood 15 perches.

Resubdivision 1 of Subdivision 19 and of Resubdivision 4 of Subdivision 20 of Portion 1555 on Registered Plan No. 8364 Parish of Yeppoon County of Livingstone Certificate of Title Volume C387 Folio 116 containing 39 acres 28 perches.

Resubdivision 1 of Subdivision 23 of Resubdivision 2 and of Resubdivision 5 of Subdivision 2 of Portion 868 Parish of Woodlands County of Palmers ton Certificate of Title No. C13804 Volume 136 Folio 59 containing 39 acres 1 rood 0.2 perch.

C1430 Volume 60 Folio 187 containing 73 acres 2 roods.

C3429 Volume 77 Folio 10 containing 70 acres.

(26)

Sch. A QUEENSLAND INTERNATIONAL TOURIST CENTRE Sch. A 25 AGREEMENT ACT 1978

C3430 Volume 77 Folio 11 containing 70 acres.

C1432 Volume 60 Folio 189 containing 77 acres 1 rood 38 perches.

Portion 1819 Parish of Woodlands County of Palmerston Deed of Grant C8881 Volume 169 Folio 35 containing 119 acres.

Subdivisions 2 and 3 of Portion 1923 on Plan Cat. No. 704 Parish of Woodlands County of Palmerston Certificate of Title Volume C356 Folio 54 containing 553 acres 38 perches.

Portion 1002 and Subdivision 4 of Portion 1923 and Subdivision 2 of Portion 1564 on Plan Cat. No. 704 Parish of Woodlands County of Palmerston Certificate of Title Volume C356 Folio 53 containing 1865 acres 1 rood 39 perches exclusive of 16 acres 2 roods reserved for road purposes in Subdivision 2 of Portion 1564.

Subdivision 3 ofResubdivision 4 of Subdivision 20 of Portion 1555 on Plan Cat. No. 8364 Parish of Yeppoon County of Livingstone Certificate of Title Volume C313 Folio 67 containing 116 acres 16.9 perches.

Subdivision 3 ofResubdivision 2 of Subdivision 19 of Portion 1555 on Registered Plan Cat. No. 8630 Parish of Yeppoon County of Livingstone Certificate of Title Volume C318 Folio 90 containing 119 acres 1 rood 38.7 perches.

Portion 994 Parish of Woodlands County of Palmerston Certificate of Title Volume C441 Folio 210 containing 129.4 hectares exclusive of 5.665 hectares for a reserved road.

Portion 995 Parish of Woodlands County of Palmerston Deed of Grant No. 49389 Volume C28 Folio 76 containing 320 acres.

Portion 999 Parish of Woodlands County of Palmerston Certificate of Title Volume C441 Folio 211 containing 143.2 hectares exclusive of a surveyed road at the south-east corner of the Portion.

Portion 1000 Parish of Woodlands County of Palmerston Deed of Grant No. 45868 Volume C25 Folio 185 containing 306 acres.

Portion 1001 Parish of Woodlands County of Palmerston Deed of Grant No. 46662 Volume C26 Folio 96 containing 376 acres exclusive of surveyed roads.

Lot 2 on Registered Plan 9325 Parish of Woodlands County of Palmerston Certificate of Title Volume C336 Folio 226 containing 21 acres 21. 5 perches.