Brisbane Casino Agreement Legislation Amendment Regulation 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 85 Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT LEGISLATION AMENDMENT REGULATION 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF BRISBANE CASINO AGREEMENT REGULATION 1993 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Approval of proposed further agreements—Act, s 6 . . . . . . . . . . . . . 3 5 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 2 PROPOSED FURTHER AGREEMENTS PART 3—AMENDMENT AND REPEAL OF THE BRISBANE CASINO AGREEMENT AMENDMENT REGULATION (No. 1) 1993 6 Regulation amended and repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 4—AMENDMENT AND REPEAL OF THE BRISBANE CASINO AGREEMENT VARIATION REGULATION 1994 9 Regulation amended and repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 10 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 11 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

s1 3 s4 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Brisbane Casino Agreement Legislation Amendment Regulation 1995 . PART 2—AMENDMENT OF BRISBANE CASINO AGREEMENT REGULATION 1993 ˙ Regulation amended 2. This part amends the Brisbane Casino Agreement Regulation 1993 . ˙ Amendment of s 2 3. Section 2, ‘the Schedule’— omit, insert— ‘schedule 1’. ˙ Insertion of new s 3 4. After section 2— insert— ˙ ‘ Approval of proposed further agreements—Act, s 6 ‘ 3. The proposed further agreements set out in schedule 2 are approved. 1 ’. 1 The Act, section 6 provides that the casino agreement may be varied by a further agreement between the Minister and other parties to the agreement only if the proposed further agreement has been approved by regulation.

s5 4 Brisbane Casino Agreement Legislation Amendment ˙ Insertion of new sch 2 5. After schedule 1— insert— ‘ SCHEDULE 2 s5 No. 85, 1995 section 3 of the regulation ‘ PROPOSED FURTHER AGREEMENTS ‘ PART 1 ‘ PART 2 ‘ PART 3 THIS DEED is made on 1995 BETWEEN THE STATE OF QUEENSLAND ( “State” ) AND JUPITERS LIMITED (ACN 010 741 045) a company duly incorporated and having its registered office at Level 9, Niecon Tower, 17 Victoria Avenue, Broadbeach, Queensland ( “Company” ) RECITAL The Company has requested the State to amend the Brisbane Casino Agreement and the State has agreed to amend the Brisbane Casino Agreement in the manner set out in this document.

s5 5 s5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 OPERATIVE PROVISIONS Definitions 1. In this document— “Brisbane Casino Agreement” means the Brisbane Casino Agreement dated 6 May 1993 entered into by the parties pursuant to the BrisbaneCasino Agreement Act 1992 as varied by the further agreement dated 15 June 1993 between the State and the Company and the further agreement dated 21 October 1994 between the State and the Company. Amendment of Brisbane Casino Agreement 2. The State and the Company agree that the Brisbane Casino Agreement is varied in the manner set out in the schedule to this document. Governing Law 3. The interpretation and construction of this document shall be governed and determined in accordance with the law of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.

s5 6 s5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 SCHEDULE VARIATIONS OF THE BRISBANE CASINO AGREEMENT Amendment of clause 1 1.(1) Clause 1, definition “Construction Period” , ‘means the period’— omit, insert— ‘means, subject to clause 45, the period’. (2) Clause 1, after the definition “Heritage Minister” — insert— ‘ “John Oxley Library Building” means the land known as the John Oxley Library Building bounded by William Street, the Riverside Expressway exit to Elizabeth Street, Queens Wharf Road and Miller Park.’. (3) Clause 1, definition “Lease Period” , ‘means the period’— omit, insert— ‘means, subject to clause 45, the period’. (4) Clause 1, after the definition “Management Agreement” — insert— ‘ “Miller Park” means the land reserved as Miller Park at the date of this Agreement bounded by William Street, the common boundary shared with John Oxley Library Building, Queens Wharf Road and the building known as the Old Commissariat Stores.’. (5) Clause 1, in the definition “Registered Place” , ‘Land Administration Building’— omit, insert— ‘Land Administration Building, John Oxley Library Building’. (6) Clause 1, the definition “Site” —

s5 7 s5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 omit, insert — ‘ “Site” means— (a) during the period up to and including the date being 2 days prior to the Lease Commencement Date of the first Special Lease granted in respect of the whole or a part of the Site, the area of land described on the plan which is identified in the Seventh Schedule; and (b) during the period from and including the date being 1 day prior to the Lease Commencement Date of the first Special Lease granted in respect of the whole or a part of the Site, the area of land described as situated in the County of Stanley, Parish of North Brisbane and consisting of— • Lot 492 on Crown Plan 855445 • Lot 682 on Crown Plan 855445 • Lot 300 on Crown Plan 866930 • Lot 301 on Crown Plan 866931 • Lot 303 on Crown Plan 866933 • Lot 304 on Crown Plan 866934 • Lot 11 on Crown Plan 866932 • Lot 10 on Crown Plan B31753.’. Amendment of clause 16 2. At the end of clause 16— insert— ‘For the removal of doubt, the John Oxley Library Building forms part of the Site from and including the date being 1 day prior to the Lease Commencement Date of the first Special Lease granted in respect of the whole or part of the Site.’.

s5 8 s5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 Amendment of clause 18 3. Clause 18(c), ‘the Complex’— omit, insert— ‘the Complex (other than the John Oxley Library Building)’. Amendment of clause 21 4. Clause 21(a), ‘of the Complex’— omit, insert— ‘of the Complex (whether before or after the Lease Commencement Date)’. Amendment of clause 37 5. After clause 37(d)— insert— ‘(e) The surrender of the freehold title to the John Oxley Library Building to enable the inclusion of the John Oxley Library Building in the Site.’ Amendment of clause 38 6.(1) Clause 38(a)(ii), ‘; and’— omit, insert— ‘(or as necessarily varied and approved by the State); and’. (2) Clause 38(a)(iii), ‘the Company.’— omit, insert— ‘ the Company; and (iv) an easement for vehicular access purposes over that part of Miller Park identified as easement K in lot 9 on Plan B32389 drawn on Crown Plan 892185.’

s5 9 s5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 Amendment of clause 39 7. Clause 39(c), ‘the Company.’— omit, insert— ‘ the Company; and (d) under clause 38(a)(iv) contain the terms and conditions contained in the Tenth Schedule Part 3.’ Insertion of new clause 40A 8. After clause 40— insert— ‘ 40A. Obligations under clause 5 of special lease. ‘In determining the obligations of the Company in respect of the Complex under clause 5 of the Special Lease, the Company acknowledges that if as at the Lease Commencement Date the Company shall not have commenced or commenced and completed all the Works in respect of the Complex (including Works required for any further development of the Complex under clause 42), upon the completion of such outstanding Works, the obligations under clause 5 of the Special Lease shall be determined having regard to the condition of the Complex or the relevant part of the Complex upon completion of such outstanding Works rather than such condition as at the Lease Commencement Date.’. Amendment of clause 45 9. Clause 45— insert— ‘For the removal of doubt, in respect of any Works approved by the Minister under section 37 of the Heritage Act and any other approval granted under Part III before the Lease Commencement Date which are not completed prior to the Lease Commencement Date, the Construction Period shall be deemed to continue in respect of such Works as if the Construction Period terminated on the date of completion of such Works rather than on the Lease Commencement Date and the Lease Period shall be deemed to

s 5 10 s 5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 commence in respect of such Works on the date of completion of such Works rather than on the Lease Commencement Date.’. Amendment of clause 67 10.(1) Clause 67(c), ‘of on issue’— omit, insert— ‘on issue’. (2) Clause 67(d), ‘voting Shares of’— omit, insert— ‘voting Shares’. (3) Clause 67(e), ‘of voting shares’— omit, insert— ‘of voting Shares’. (4) Clause 67(e), ‘forty’— omit. Replacement of clause 70 11. Clause 70— omit, insert— ‘ 70. Disposal of excess voting Shares. ‘Notwithstanding clause 67, an entitlement to voting Shares in excess of any of the limitations contained in paragraphs (c),(d) and (e) of clause 67 shall not constitute a breach of the conditions of this Agreement if the Company shall have acted forthwith to bring about the disposal of the relevant voting Shares in accordance with the powers in that behalf contained in the Memorandum and Articles of Association of the Company upon the Company becoming aware of that entitlement and that the entitlement exceeds the relevant limitation PROVIDED THAT the parties acknowledge that the Company is unable to refuse to register a transfer of voting Shares.’

s 5 11 s 5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 Amendment of clause 71 12. Clause 71(a), ‘192, 437, 274’— omit, insert— ‘241, 357, 429’. Amendment of clause 73 13. Clause 73(b), ‘specified in clauses 2 and 8 of the Financial Agreement’— omit, insert— ‘payable under the Financial Agreement on the date of the commencement of the Special Lease’. Insertion of new clause 78A 14. After clause 78— insert— ‘ 78A. Partial Surrender of Special Lease. ‘No part of the Special Lease may be surrendered by the Company without the approval of the Minister on terms and conditions acceptable to the Minister. In the event of such approval, the State shall accept the partial surrender.’. Amendment of tenth schedule 15.(1) Tenth schedule, after ‘Services Easement Queens Park’— insert— ‘• Access Easement Miller Park’. (2) Tenth schedule, before— ‘MULTI PURPOSE EASEMENT STEPHENS LANE’—

s 5 12 Brisbane Casino Agreement Legislation Amendment insert— ‘ PART 1 ’. (3) Tenth schedule, before— ‘SERVICES EASEMENT QUEENS PARK’— insert— ‘ PART 2 ’. (4) Tenth schedule, part 2, schedule, after clause 9— insert— ‘ PART 3 s5 No. 85, 1995

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s 5 16 s 5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 FORM 20—SCHEDULE Version 1 LandTitleAct1994 and Land Act 1962 Queensland Land Registry Page 4 of 5 This is the schedule referred to in the easement over— . 1. In this document, unless the contrary intention appears— “Authorised Users” means the Grantee’s and the Occupier’s customers, servants, agents, tenants, licensees and invitees. “Brisbane Casino Agreement” means an agreement dated 6 May 1993 between the Queensland Government and Jupiters Limited relating to the development and use of land, including the Dominant Tenement, as a casino and hotel. “Grantor” means the Minister for Lands for the State of Queensland for and on behalf of the Crown in right of the State of Queensland or other Minister of the Crown for the time being charged with the administration of the Servient Tenement. “Grantee” means Jupiters Limited and the registered owner or owners for the time being of the Dominant Tenement. “Occupier” means the occupier or occupiers for the time being of the Dominant Tenement. “Trustee” means any trustee under whose control the land of which the Servient Tenement forms part is placed under the Land Act 1962 . 2. The Grantor grants to the Grantee, the Occupier and the Authorised Users the full and free right and liberty for the Grantee, the Occupier and the Authorised Users to go, pass and repass along and upon the surface of the Servient Tenement at all times by day or by night for all lawful purposes associated with use of the Dominant Tenement but only whilst in or upon motor vehicles. The Grantee, the Occupier and the Authorised Users shall exercise such right and liberty in common with the rights of the Grantor and any tenant of the Grantor and their customers, servants, agents, tenants,

s 5 17 s 5 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 licensees and invitees in respect of the Servient Tenement and in common with the rights of all persons lawfully using or enjoying the Servient Tenement. 3. The Grantor and the Grantee shall not cause or allow any nuisance or any hindrance on the Servient Tenement which might obstruct the free flow of vehicular traffic along and upon the Servient Tenement. The Grantor and the Grantee shall not cause or allow any rubbish or waste material to be deposited on the Servient Tenement. 4. The Grantor shall keep and maintain the surface of the Servient Tenement in good, reasonable and trafficable condition. 5. Any notice to be given under or in respect of this document shall be given in accordance with the Brisbane Casino Agreement. 6. The Grantee will indemnify and keep indemnified the Grantor and the Trustee against all actions, suits, proceedings, demands, costs, losses, damages and expenses arising out of or in respect of any act or omission of the Grantee, the Occupier or the Authorised Users in the use or attempted use of the easement by the Grantee, the Occupier or the Authorised Users except where such actions, suits, proceedings, claims, demands, costs, losses, damages, expenses arise as a result of any negligent act or omission of the Grantor or Trustee or their servants, agents, licensees and invitees. 7. This easement shall terminate upon the lawful termination of any special lease granted under the Brisbane Casino Agreement or any further lease negotiated between the Grantor and the Grantee thereafter in accordance with clause 29(a) of the special lease. Executed as a deed

s 5 18 Brisbane Casino Agreement Legislation Amendment SIGNED by the Treasurer of THE STATE OF QUEENSLAND for and on behalf of The © State of Queensland in the presence of: ) ) ) ) ) ............................... Witness ............................... Name of Witness (print) THE COMMON SEAL of JUPITERS LIMITED (ACN 010 741 045) was hereunto affixed in accordance with its articles of association in the presence of a director and the secretary in the presence of: ) ) ) ) ) ) ) ) ............................... Witness ............................... Name of Witness (print)’. s5 No. 85, 1995

s 6 19 s 8 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 PART 3—AMENDMENT AND REPEAL OF THE BRISBANE CASINO AGREEMENT AMENDMENT REGULATION (No. 1) 1993 ˙ Regulation amended and repealed 6. This Part amends and repeals the BrisbaneCasinoAgreementAmendment Regulation (No. 1) 1993 . 2 ˙ Amendment 7. Schedule— relocate to the BrisbaneCasinoAgreementRegulation1993 in schedule 2 as part 1. 3 ˙ Repeal 8. The Brisbane Casino Agreement Amendment Regulation (No. 1) 1993 is repealed. 2 The amendment and repeal of the BrisbaneCasinoAgreementAmendmentRegulation(No.1)1993 does not affect the agreement made under that regulation—see s 20(1)(b) of the ActsInterpretationAct1954 and s 14 of the Statutory Instruments Act 1992 . 3 The schedule is being relocated so that all approved proposed further agreements about the casino agreement will appear in a single reprint.

s 9 20 s 11 Brisbane Casino Agreement Legislation Amendment No. 85, 1995 PART 4—AMENDMENT AND REPEAL OF THE BRISBANE CASINO AGREEMENT VARIATION REGULATION 1994 ˙ Regulation amended and repealed 9. This Part amends and repeals the BrisbaneCasinoAgreementVariation Regulation 1994 . 4 ˙ Amendment 10. Schedule— relocate to the BrisbaneCasinoAgreementRegulation1993 in schedule 2 as part 2. 5 ˙ Repeal 11. The BrisbaneCasinoAgreementVariationRegulation1994 is repealed. ENDNOTES 1. Made by the Governor in Council on 6 April 1995. 2. Notified in the Gazette on 6 April 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 1995 4 The amendment and repeal of the BrisbaneCasinoAgreementVariationRegulation 1994 does not affect the agreement made under that regulation—see s 20(1)(b) of the ActsInterpretationAct1954 and s 14 of the StatutoryInstruments Act 1992 . 5 The schedule is being relocated so that all approved proposed further agreements about the casino agreement will appear in a single reprint.