Brisbane Casino Agreement Regulation 1993 (QLD)

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BRISBANE CASINO AGREEMENT REGULATION 1993—BRISBANE CASINO AGREEMENT
Queensland Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT REGULATION 1993 BRISBANE CASINO AGREEMENT Reprinted as in force on 17 February 1997 (includes amendments up to SL No. 389 of 1996) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Queensland Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT REGULATION 1993 Reprinted as in force on 17 February 1997 (includes amendments up to SL No. 389 of 1996) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 17 February 1997. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about when provisions commenced.
Queensland BRISBANE CASINO AGREEMENT REGULATION 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Approval of proposed agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Approval of proposed further agreements—Act, s 6 . . . . . . . . . . . . . . . . . . . 3 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 4 CASINO AGREEMENT SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 7 PROPOSED FURTHER AGREEMENTS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
s1 3 s3 Brisbane Casino Agreement Regulation 1993 BRISBANE CASINO AGREEMENT REGULATION 1993 [as amended by all amendments that commenced on or before 17 February 1997] ˙ Short title 1. This regulation may be cited as the Brisbane Casino Agreement Regulation 1993 . ˙ Approval of proposed agreement 2. For the purpose of section 4 of the Act, the agreement set out in schedule 1 is approved. ˙ 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.
4 Brisbane Casino Agreement Regulation 1993 ¡ SCHEDULE 1 CASINO AGREEMENT section 2 AN AGREEMENT 2 made this day of 1993 between the STATE OF QUEENSLAND (hereinafter called “the State”) of the First Part and Jupiters Limited (A.C.N. 010 741 045) a Company duly incorporated by law and having its principal office in the State of Queensland at 9th Floor, Niecon Tower, 17 Victoria Avenue, Broadbeach (hereinafter called “the Company”) of the Second Part. WHEREAS: A. The State has permitted the establishment and operation of casinos in the State of Queensland by licensing one casino facility in Northern Queensland and one in Southern Queensland. B. The State has further resolved to permit the establishment and operation of a casino in the City of Brisbane. C. The State has set out its objectives and considerations in its Brief to Applicants relating to the establishment and operation of an hotel-casino complex in Brisbane in the State of Queensland. D. The State acknowledges that the establishment of the Complex is a large scale development project requiring a very large capital expenditure and that it is necessary to give to the Company the security and assurances contained herein to enable the provision of capital for the establishment of the Complex. E. Negotiations have been completed with the Company as 2 The operative provisions of the agreement are not reprinted. The Brisbane Casino Agreement in amended form is set out at the end of this regulation.
5 Brisbane Casino Agreement Regulation 1993 SCHEDULE 1 (continued) hereinafter provided and the Minister has agreed, subject to the terms of this Agreement made in accordance with the BrisbaneCasinoAgreementAct1992 , to issue a casino licence to the Company to permit the playing and conducting in the Casino of such games as may be approved by the Minister at any time and from time to time pursuant to the Casino Control Act. F. It is desirable that in consideration of the Company entering into obligations on its part hereinafter set out that the Company should be granted the entitlements benefits and privileges hereinafter mentioned. G. Whilst the parties recognise that the power of the Parliament of the State of Queensland to make laws is absolute and cannot be taken away by an Agreement made by the State, it is the intention of the State that the titles, rights and privileges of the Company be not derogated from by the State in any manner whatsoever except as hereinafter provided.
6 Brisbane Casino Agreement Regulation 1993 SCHEDULE 1 (continued) IN WITNESS WHEREOF the parties have executed this Agreement the day and year hereinbefore written. SIGNED by the Treasurer of the State of Queensland for and on behalf of the State of Queensland in the presence of: A Justice of the Peace THE COMMON SEAL of Jupiters Limited was hereunto affixed by authority of the Board of Directors in the presence of a Director and the Secretary in the presence of: A Justice of the Peace
7 Brisbane Casino Agreement Regulation 1993 ¡ SCHEDULE 2 PROPOSED FURTHER AGREEMENTS section 3 PART 1 THIS DEED 3 is made on 1993 BETWEEN THE STATE OF QUEENSLAND (“the State”) AND JUPITERS LIMITED (A.C.N. 010 741 045) a company duly incorporated and having its registered office at Level 9, Niecon Tower, 17 Victoria Avenue, Broadbeach, Queensland ( “the Company” ) RECITALS A 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 deed. 3 The operative provisions of the agreement are not reprinted. The Brisbane Casino Agreement in amended form is set out in at the end of this regulation.
8 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) EXECUTED AS A DEED. SIGNED by the Treasurer of ) THE STATE OF QUEENSLAND ) for and 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: ) ............................................ Director ............................................ Secretary ................................................... Witness ............................................ Name of Witness (print)
9 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) PART 2 THIS DEED 4 is made on 1994. BETWEEN: THE STATE OF QUEENSLAND ( “the 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 ( “the Company” ) RECITALS A 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 deed. 4 The operative provisions of the agreement are not reprinted. The Brisbane Casino Agreement in amended form is set out at the end of this regulation.
10 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) EXECUTED AS A DEED. 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)
11 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) PART 3 THIS DEED 5 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. 5 The operative provisions of the agreement are not reprinted. The Brisbane Casino Agreement in amended form is set out at the end of this regulation.
12 Brisbane Casino Agreement Regulation 1993 Executed as a deed SCHEDULE 2 (continued) 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)
13 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) PART 4— THIS AGREEMENT 6 is made on 1996 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 ( “Jupiters” ) RECITALS A The parties are the parties to an agreement made on 6 May 1993 relating to the establishment and operation of a hotel/casino complex in Brisbane in the State of Queensland which was authorised by the Act and as subsequently amended. B The parties have agreed to amend the Brisbane Casino Agreement in the manner set out in this document. 6 The operative provisions of the agreement are not reprinted. The Brisbane Casino Agreement in amended form is set out at the end of this regulation.
14 Brisbane Casino Agreement Regulation 1993 SCHEDULE 2 (continued) EXECUTED AS A DEED. SIGNED by the Treasurer of THE STATE OF QUEENSLAND for and on behalf of the the State of Queensland in the presence of: ) ) ........................................ ) ) ) ---------------------------------------------- Witness ---------------------------------------------- Name of Witness (print) THE COMMON SEAL of JUPITERS LIMITED was hereunto affixed in accordance with its articles of association ) ) ) )in the presence of:) ---------------------------------------------- Director ---------------------------------------------- Name of Director (print) ---------------------------------------------- Director/Secretary ---------------------------------------------- Name of Director/Secretary (print)
15 Brisbane Casino Agreement Regulation 1993 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendment incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 February 1997. Future amendments of the Brisbane Casino Agreement Regulation 1993 may be made in accordance with this reprint under the Reprints Act1992, section 49. 3 ´ AIA Agr amd ch def div gaz hdg ins lap notfd om o in c p para prec pres = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 Agreement amended chapter definition division gazette heading inserted lapsed notified omitted order in council page paragraph preceding present prev (prev) proc prov pt pubd RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
16 Brisbane Casino Agreement Regulation 1993 ´ 4 Table of earlier reprints Reprint No. 1 2 TABLE OF EARLIER REPRINTS Amendments included Reprint date none to SL No. 85 of 1995 27 July 1993 1 June 1995 ´ 5 List of legislation Note —The 1993 Agreement is the original agreement set out in schedule 1. The 1993 Amendment Agreement ( “1993 Agr” ) is the amending agreement set out in schedule 2, part 1. The 1994 Variation Agreement ( “1994 Agr” ) is the amending agreement set out in schedule 2, part 2. The 1995 Amendment Agreement ( “1995 Agr” ) is the amending agreement set out in schedule 2, part 3. The 1996 Amendment Agreement ( “1996 Agr” ) is the amending agreement set out in schedule 2, part 4. The Brisbane Casino Agreement as amended is produced at the end of this regulation. Brisbane Casino Agreement Regulation 1993 SL No. 135 notfd gaz 30 April 1993 pp 2041–3 commenced on date of notification as amended by— Brisbane Casino Agreement Amendment Regulation (No. 1) 1993 SL No. 198 notfd gaz 11 June 1993 pp 874–7 commenced on date of notification Brisbane Casino Agreement Variation Regulation 1994 SL No. 355 notfd gaz 7 October 1994 pp 537–8 commenced on date of notification Brisbane Casino Agreement Legislation Amendment Regulation 1995 SL No. 85 notfd gaz 6 April 1995 pp 1483–4 commenced on date of notification Brisbane Casino Agreement Amendment Regulation (No. 1) 1996 SL No. 389 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification ´ 6 List of annotations Approval of proposed agreement s 2 amd 1995 SL No. 85 s 3 Approval of proposed further agreements—Act, s 6 s 3 ins 1995 SL No. 85 s 4
17 Brisbane Casino Agreement Regulation 1993 SCHEDULE 1—CASINO AGREEMENT amd 1993 SL No. 198 s 3 sch; 1994 SL No. 355 s 2 sch; 1995 SL No. 85 ss 5, 7, 10; 1996 SL No. 389 s 2 SCHEDULE 2—PROPOSED FURTHER AGREEMENTS ins 1995 SL No. 85 s 5 pt 1 (pt 1 reloc from 1993 SL. No. 198)1995 SL. No. 85 s 7 pt 2 (pt 2 reloc from 1994 SL No. 355) 1995 SL. No. 85 s 10 pt 3 ins 1995 SL No. 85 s 5 pt 4 ins 1996 SL No. 389 s 3 © State of Queensland 1997
Queensland Brisbane Casino Agreement Act 1992 BRISBANE CASINO AGREEMENT Reprinted as in force on 17 February 1997 (includes amendments up to 1996 Agreement) Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This agreement is reprinted as at 17 February 1997. The reprint shows the agreement as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the agreements by which each amendment was made—see List of legislation and List of annotations in endnotes. Also see endnotes for information about when provisions commenced.
Queensland BRISBANE CASINO AGREEMENT TABLE OF PROVISIONS PART I—PRELIMINARY 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3. Counting of days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. Legislative Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5. Authority to enter into Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. Prospective Licensee’s Benefits and Obligations . . . . . . . . . . . . . . . . . . 20 7. Conditions precedent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8. Variation of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9. Authority of the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10. Agreement to have force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 11. Illegal acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12. Encumbrances to the Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 13. Approval of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 14. Bear own costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 15. Stamp Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART II—DEVELOPMENT OF COMPLEX AND RELATED MATTERS 16. Identification of Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17. Zoning of Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18. Warranties by the Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19. Works and Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 20. Development to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 21. Compliance with Building Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22. Issue of the Permit to Occupy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2 Brisbane Casino Agreement 22A. General Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 23. Acknowledgment of the Permit to Occupy . . . . . . . . . . . . . . . . . . . . . . . 28 24. Schematic Design Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 25. Detailed Design Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 26. Essential pre-requisites for construction . . . . . . . . . . . . . . . . . . . . . . . . . 30 27. Casino-related Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28. Pre-Opening documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 29. Variations to design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 30. Compliance with Brief to Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 31. Show Cause Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 32. Time for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 33. Minister’s Nominated Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 34. Inspections of the Construction Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35. Project Advisory Group Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36. Copies of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37. Special Lease Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38. Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39. Easement Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40. Early opening of parts of the Complex . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40A. Obligations under clause 5 of special lease . . . . . . . . . . . . . . . . . . . . 40 41. Company’s Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 42. Further development of the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 43. Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 44. Queens Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART III—HERITAGE PROTECTION 45. Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 46. Construction Period—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 47. Construction Period—Major Variations . . . . . . . . . . . . . . . . . . . . . . . . . 44 48. Construction Period—Minor Variations . . . . . . . . . . . . . . . . . . . . . . . . . 45 49. Casino Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 50. Lease Period—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 51. Lease Period—Major Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
3 Brisbane Casino Agreement 52. Lease Period—Minor Variations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 53. Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 54. Heritage Advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 55. Stop Orders—Heritage Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 56. Stop Orders—Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 57. Other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 58. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 59. Management of Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 60. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 61. State Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 62. Company Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 63. Materials Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 64. Heritage Minister’s Nominated Representative . . . . . . . . . . . . . . . . . . . 63 PART IV—CORPORATE ORGANISATION AND RELATED MATTERS 65. Foundation Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 66. Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 67. Corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 68. Changes to corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 69. Additional Founder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 70. Disposal of excess voting Shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 71. Existing shareholding limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 72. Foreign person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PART V—GRANTING OF CASINO LICENCE AND RELATED MATTERS 73. Granting of Casino Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 74. Provisions of Land Act not to apply to Special Lease . . . . . . . . . . . . . 73 75. Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 76. Casino Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 77. Special Facility Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 78. Assignment and Subletting of Special Lease . . . . . . . . . . . . . . . . . . . . . 77 78A. Partial Surrender of Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
4 Brisbane Casino Agreement PART VI—CASINO OPERATIONS AND REVIEW THEREOF 79. Hours of Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 80. Operational Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 PART VII—TERMINATION 81. Grounds for Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 82. Company’s Grounds for Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 83. Termination of the Permit to Occupy . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 84. Termination of Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 85. Appointment of Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 86. Impact of Termination on Development Approval . . . . . . . . . . . . . . . . . 90 87. Impact of Termination on Special Facility Licence . . . . . . . . . . . . . . . 90 PART VIII—GENERAL 88. Suspension in Absence of Specific Agreements . . . . . . . . . . . . . . . . . . 91 89. Approvals and Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 90. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 91. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 92. Ministerial Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 93. Ministerial Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 94. Ministerial Attendance and Right to Speak at Meetings . . . . . . . . . . . 94 95. Extensions of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 96. Execution of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 First Schedule . . . . . . . . . . . . . . . . . . . . . . . 98 BRIEF TO APPLICANTS Second Schedule . . . . . . . . . . . . . . . . . . . . . 99 SCHEMATIC DESIGN DRAWINGS Third Schedule . . . . . . . . . . . . . . . . . . . . 101 DEVELOPMENT PROGRAM Fourth Schedule . . . . . . . . . . . . . . . . . . . . 102 WORKS & FEES Fifth Schedule . . . . . . . . . . . . . . . . . . . . . . 103 EASEMENT PLANS Sixth Schedule . . . . . . . . . . . . . . . . . . . . . 104
5 Brisbane Casino Agreement PERMIT TO OCCUPY Seventh Schedule . . . . . . . . . . . . . . . . . . . 113 SPECIAL LEASE Eighth Schedule . . . . . . . . . . . . . . . . . . . . 134 SPECIAL LEASE Ninth Schedule . . . . . . . . . . . . . . . . . . . . . 140 TOTAL CAPITAL BUDGET & CASH FLOW FORECAST Tenth Schedule . . . . . . . . . . . . . . . . . . . . . 141 EASEMENT TERMS Eleventh Schedule . . . . . . . . . . . . . . . . . . 157 SPECIAL FACILITY LICENCE TERMS AND CONDITIONS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 159 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
6 Brisbane Casino Agreement BRISBANE CASINO AGREEMENT [This is a reprint of the Brisbane Casino Agreement set out in the Brisbane CasinoAgreement Regulation 1993, schedule 1, as amended by the agreements set out in schedule 2] CASINO AGREEMENT AN AGREEMENT made this day of 1993 between the STATE OF QUEENSLAND (hereinafter called “the State”) of the First Part and Jupiters Limited (A.C.N. 010 741 045) a Company duly incorporated by law and having its principal office in the State of Queensland at 9th Floor, Niecon Tower, 17 Victoria Avenue, Broadbeach (hereinafter called “the Company”) of the Second Part. WHEREAS : A. The State has permitted the establishment and operation of casinos in the State of Queensland by licensing one casino facility in Northern Queensland and one in Southern Queensland. B. The State has further resolved to permit the establishment and operation of a casino in the City of Brisbane. C. The State has set out its objectives and considerations in its Brief to Applicants relating to the establishment and operation of an hotel-casino complex in Brisbane in the State of Queensland. D. The State acknowledges that the establishment of the Complex is a large scale development project requiring a very large capital expenditure and that it is necessary to give to the Company the security and assurances contained herein to enable the provision of capital for the establishment of the Complex. E. Negotiations have been completed with the Company as
7 Brisbane Casino Agreement hereinafter provided and the Minister has agreed, subject to the terms of this Agreement made in accordance with the BrisbaneCasinoAgreementAct1992 , to issue a casino licence to the Company to permit the playing and conducting in the Casino of such games as may be approved by the Minister at any time and from time to time pursuant to the Casino Control Act. F. It is desirable that in consideration of the Company entering into obligations on its part hereinafter set out that the Company should be granted the entitlements benefits and privileges hereinafter mentioned. G. Whilst the parties recognise that the power of the Parliament of the State of Queensland to make laws is absolute and cannot be taken away by an Agreement made by the State, it is the intention of the State that the titles, rights and privileges of the Company be not derogated from by the State in any manner whatsoever except as hereinafter provided. NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: PART I—PRELIMINARY ´ 1. Definitions. In this Agreement unless the context otherwise indicates or requires, the terms following shall have the meanings respectively assigned to them: “Agreement” means this agreement and the schedules thereto and all amendments to such agreement or schedules. “Agreement Act” means the Brisbane Casino Agreement Act 1992. “Approval Share” means a Share defined as an Approval Share pursuant to the Foundation Agreement and to this Agreement. “Brief to Applicants” means that document which is headed “Brief to Applicants Part A General Requirements for the 1991 Extension of Casino Operations in Queensland” together with other supplemental documents, “Casino Gaming Control Documents”, “Brief to Applicants Part B Specific Requirements”, and Addenda as issued and
8 Brisbane Casino Agreement listed in the First Schedule. “Building Agreement” means the agreement between the Company and the Company’s Contractor, a copy of which has been delivered by the Company to and held by the Minister for tabling in Parliament. “Casino” means those areas of the Complex identified in the Schematic Design Drawings as the areas to constitute the Casino in this particular case. Notwithstanding the inclusion or not of the following areas in the Schematic Design Drawings, the term includes not only areas for the conduct and playing of Games but also those ancillary areas which relate directly to the operation and functioning of the Casino and which include money counting, surveillance, accounting and storage. “Casino Gross Revenue” means Casino gross revenue as defined in the Control Act . “Casino Licence” means a licence to be granted pursuant to the Control Act in respect of the Casino. “Commissioning” means the checking, testing and acceptance of the operational readiness and procedures for the various components of the Complex by the State and the Company. “Company’s Contractor” means the contractor referred to in clause 41 or any substitute contractor appointed pursuant to the Building Agreement and approved by the Minister. “Company’s Nominated Representative” means a person nominated in writing to the Minister by the Company, to be available for liaison during normal office hours, the limits of whose authority for the purposes of this Agreement shall be nominated in such nomination. “Complex” means the hotel casino complex constructed or to be constructed in accordance with the Schematic Design Drawings and pursuant to this Agreement established within the area of which will be the Casino and other businesses or amenities referred to in the Schematic Design Drawings. “Construction Period” in Part III means, subject to clause 45, the period commencing on the date of commencement of the Permit to Occupy and terminating on the Lease Commencement Date of the final Special Lease to be issued for the Site. “Construction Site” means the Site and the surrounding area of land
9 Brisbane Casino Agreement described on the plan which is identified in the Permit to Occupy plus such parts of the footpaths immediately adjoining the indicated areas as may be reasonably required by the Company and approved by the Minister. “Control Act” means the Casino Control Act 1982. “Corporations Law” means the Corporations Law of Queensland and the Corporations Regulations of Queensland as defined in Section 3 of the Corporations(Queensland)Act1990 and any legislation enacted by the Commonwealth of Australia or the State of Queensland in substitution therefor. “Decision” in Part III means a decision, report or recommendation made or proposed to be made or required to be made and includes: (a) a matter appearing or purporting to be a decision, report or recommendation; and (b) a matter relating to or appearing or purporting to relate to a decision, report or recommendation. “Development” in Part III means in relation to the Registered Place: (a) subdivision; (b) change of the use; (c) demolition of a building; (d) erection, construction or relocation of a building; (e) work (including painting or plastering) that substantially alters the appearance of the Registered Place; (f) the renovation, alteration or addition to a building; or (g) excavation, disturbance or change to landscape or natural features of land that substantially alters the appearance of a Registered Place; but does not include the following: (h) (i) any refurbishment of the Complex which, in the opinion of the Minister, does not substantially reduce the cultural heritage significance of the Registered Place; (ii) work relating to Casino operation and surveillance or to
10 Brisbane Casino Agreement security; (iii) the installation in the Complex of security systems, surveillance or computer systems and cabling; and (iv) work other than that set out in clause (h)(i), (ii) and (iii) and which: (A) in the opinion of the Minister is minor in nature; or (B) does not substantially reduce the cultural heritage significance of the Registered Place; and (i) work of a class excluded from the ambit of this definition by the Queensland Heritage Regulations 1992 promulgated as at 8 April 1993 in respect of the Heritage Act except that maintenance work and minor repair work as used in such regulations shall not have the meanings given to those terms by the Queensland Heritage Regulations 1992 but shall have the meanings given in this Agreement. “Development” means for the purposes of clause 17: (a) the use of the Site; (b) the erection or use of the Complex; and (c) any works in relation to the Complex, as approved under this Agreement as at the Operative Date and any such use, erection or works which may thereafter be approved under this Agreement including, without limitation approved under clause 42. “Development Program” means the program for the design, documentation, construction, fit-out, commissioning and completion of the Complex as contained in the Third Schedule. “Easement Plan” means the plan or plans contained in the Fifth Schedule. “External Structure” means the whole and every part of the structure (generally called the facade) comprising the exterior walls of the fixed improvements (as defined in the Special Lease): (a) from and including parapet level downwards including gargoyles, pediments and entablatures; and
11 Brisbane Casino Agreement (b) including, without limitation, recessed entrances, windows and walls. “Facade” means the whole and every part of the External Structure which is in existence: (a) at the Lease Commencement Date for the relevant Special Lease; (b) from time to time during the currency of the relevant Special Lease to the extent that it is a restoration, conservation, renovation or repair of the whole or any part of the External Structure in existence at the Lease Commencement Date of the relevant Special Lease; and (c) from time to time during the currency of the relevant Special Lease to the extent that it is a replacement of the whole or any part of the External Structure in existence as at the Lease Commencement Date of the relevant Special Lease. “Facility Letter” means the finance facility letter between the Company and the Australia and New Zealand Banking Group Limited a copy of which has been delivered by the Company to and held by the Minister for tabling in Parliament. “Financial Agreement” means an agreement between the State and the Company bearing even date. “Fit-out” means the application of finishing material, furniture, fittings, furnishings, equipment and such other built-in and loose items required to bring the Complex to an operating condition. “Foundation Agreement” means the agreement dated 4 November 1991 between the Company and other parties, as amended from time to time, a copy of which has been delivered by the Company to and held by the Minister for tabling in Parliament. “Founders” means the founders identified from time to time in the Foundation Agreement. “Game” means a game as that term is defined in the Control Act . “gaming” or “gambling” means the playing in the Casino of any Game. “gaming machine” means any device that is designed so that: (a) it may be used for the purpose of playing a game of chance or a
12 Brisbane Casino Agreement game of mixed chance and skill; (b) it may be operated, wholly or partly: (i) by the insertion of Australian currency or a chip into the device; (ii) by the use of gaming machine credits; (iii) by the electronic transfer of gaming machine credits to the device; or (iv) by the use of gaming machine credits held, stored or accredited by the device or elsewhere. “gaming machine credit” means a credit of Australian currency, or chips, registered by a gaming machine. “Heritage Act” means the Queensland Heritage Act 1992 . “Heritage Archaeologist” means a heritage archaeologist agreed between the Minister and the Company and failing agreement the heritage archaeologist shall be a person nominated by the Company and approved in writing by the Minister whose approval shall not be unreasonably withheld where the person nominated by the Company is an archaeologist of at least 5 years experience in the investigation and recording of heritage sites and buildings. Such archaeologist will continue to act as the heritage archaeologist under this Agreement until such time as the archaeologist is dead or refuses to accept instructions or the Company serves notice on the Minister that the Company wishes to appoint a new heritage archaeologist. The new heritage archaeologist will be appointed in accordance with the mechanisms set out in this clause. “Heritage Architect” means a heritage architect agreed between the Company and the Minister and failing agreement the heritage architect shall be a person nominated by the Company and approved in writing by the Minister whose approval shall not be unreasonably withheld where the person nominated by the Company is an architect of at least 5 years best conservation practice experience in the restoration, renovation, repair and maintenance of heritage buildings utilised for a commercial purpose. Such architect will continue to act as the heritage architect under this Agreement until such time as the architect is dead or refuses to accept instructions or the Company serves notice on the
13 Brisbane Casino Agreement Minister that the Company wishes to appoint a new heritage architect. The new heritage architect will be appointed in accordance with the mechanism set out in this clause. “Heritage Council” means the Queensland Heritage Council established pursuant to section 8 of the Heritage Act. “Heritage Minister” means the Minister of the Crown charged with the administration of the Heritage Act. The term includes any Minister of the Crown who is temporarily performing the duties of the Heritage Minister. “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. “Land Administration Building” means the land known as the Land Administration Building bounded by George Street, Stephens Lane, William Street and the common boundary shared with Queens Park. “Lands Minister” means the Minister for Lands or other Minister of the Crown for the time being charged with the administration of the Site. The term includes any Minister of the Crown who is temporarily performing the duties of the Lands Minister. “Lease Commencement Date” means in respect of a Special Lease granted under clause 40 or clause 73, subject to compliance by the Company with its obligations under this Agreement, the date upon which the Company and the State agree shall be the date on which the whole or the relevant part of the Complex will open for use by the public. “Lease Period” means, subject to clause 45, the period commencing on the Lease Commencement Date of the final Special Lease to be issued in respect of the Site and terminating on the date of expiration of all the Special Leases for the Site. “Licence Agreement” means an agreement between the Company and Conrad Royalty Corporation, a copy of which has been delivered by the Company to and held by the Minister for tabling in Parliament. “Local Authority” means the Brisbane City Council constituted under the City of Brisbane Act and any local authority or joint local authority
14 Brisbane Casino Agreement board constituted under the Local Government Act having jurisdiction in respect of the Local Authority Area in which the Site is situated. “Local Authority Area” means the area in which a Local Authority has jurisdiction including any place under the control of the Local Authority outside the boundaries of the area. “Maintenance Work” means work performed for the purposes of the protective care of the Registered Place including without limitation, for example, the protective care of the materials, features, contents and setting that comprise: (a) fences; (b) gardens and grounds; (c) roads and paths; (d) roof and drainage systems; (e) services and utilities; and (f) the Facade. Maintenance Work also includes painting work in a colour that substantially conforms with an existing colour scheme at the Registered Place or a colour scheme approved under section 37 of the Heritage Act or under Part III. “Management Agreement” means an agreement between the Company and Conrad International Hotels Corporation, a copy of which has been delivered by the Company to and held by the Minister for tabling in Parliament. “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. “Minister” means the Treasurer or other Minister of the Crown for the time being charged with the administration of the Control Act . The term includes any Minister of the Crown who is temporarily performing the duties of the Minister. “Minister’s Nominated Representative” means a person nominated in writing by the Minister to the Company and who shall be authorised
15 Brisbane Casino Agreement by the Minister pursuant to this Agreement to act on his behalf on only those matters prescribed in writing by the Minister and which are directly related to the design, construction, Fit-out and Commissioning of the Complex. “Minor Repair Work” means: (a) (i) work of a minor nature that involves repairs to the historic fabric of the Registered Place; and (ii) A. uses the same types of materials and the same construction methods as were originally used on the Registered Place or which have been approved under section 37 of the Heritage Act or under Part III; or B. which are recommended by the Heritage Architect and approved in writing by the Minister having regard to best available information, conservation technology and conservation trade; and (b) other works which are determined from time to time by the Director, Casino Control Division. “Operative Date” means the date on which the last of the following occurs: (a) the conditions precedent contained in clause 7 are satisfied; and (b) the Company pays to the State the moneys required to be paid pursuant to clauses 2 and 8 of the Financial Agreement. “Ordinances” means the ordinances of the Brisbane City Council made under the City of Brisbane Act or the City of Brisbane Town Planning Act and any by-laws made by a Local Authority or joint local authority board under the Local Government Act or any repealed statute. “Permitted Development” means for the purposes of clause 17, development approved under this Agreement including, without limitation, approved as at the Operative Date and approved under clause 42, which may be carried out under a Planning Scheme without the requirement to make an application to a Local Authority for approval, the setting of conditions, the issue of a certificate of compliance or in respect of any other matter. “Permit to Occupy” means the permit to be issued pursuant to the Land
16 Brisbane Casino Agreement Act 1962 in relation to the Construction Site in accordance with the form set out in the Sixth Schedule. “person” includes a company, corporation, firm and any other body of persons having legal entity as such body as well as a natural person. “Planning Legislation” means any legislation of whatsoever nature relating to the zoning or use of land including, without limitation, the Local Government Act, the LocalGovernment(PlanningandEnvironment) Act, the City of Brisbane Town Planning Act, the City of Brisbane Act and any Ordinances. “Planning Scheme” means any scheme for town planning whether or not made under the Local Government Act, the City of Brisbane Act, the City of Brisbane Town Planning Act, the City of Brisbane Town Planning Modification Act or the LocalGovernment(PlanningandEnvironment) Act. “Planning Scheme Maps” means all maps forming part of any planning scheme in force in the Local Authority Area in which the Site is situated including, without limitation, zoning maps, regulatory maps, strategic plan maps and development control plan maps relevant to the Site. “Premium Junket Revenue” means premium junket revenue as defined in the Control Act. “Project Advisory Group” means the meeting group described in clause 35. “Queens Park” means the land reserved as Queens Gardens at the date of this Agreement and which is commonly known as Queens Park bounded by William Street, Elizabeth Street, George Street and the common boundary shared with the Land Administration Building but excluding the Queens Park Carpark. “Queens Park Carpark” means the subterranean land below Queens Park bounded by William Street, Elizabeth Street, George Street and the common boundary shared with the Land Administration Building. “Queens Wharf Road Retaining Wall” means that part of the stone retaining wall in Queens Wharf Road, located near the intersection of Queen Street, William Street and Queens Wharf Road, that forms part of the boundary of the Site.
17 Brisbane Casino Agreement “Registered Place” means the Treasury Building, Land Administration Building, John Oxley Library Building and Queens Park and the Queens Wharf Road Retaining Wall. “Schematic Design Drawings” means the plans, drawings, reports and other material delivered by the Company to and held by the Minister for tabling in Parliament as listed in the Second Schedule. The term includes all variations thereto as hereinafter provided. “Share” means a share or stock in the Company. “Share Holder” means the person who for the time being is registered under the provisions of the Company’s Articles of Association as the holder of a Share and includes persons jointly so registered. “Show Cause” means the procedure defined in clause 31. “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. “Site Establishment” means in respect of the Construction Site:
18 Brisbane Casino Agreement (a) erecting safety and facility items including fencing, barriers, hoardings, gantries and office sheds; (b) surveying set out work; (c) the reticulation of temporary electricity; (d) the investigation of and treatment of termite infestation; (e) identifying and labelling of heritage material ready for removal from the Construction Site and storage as required under this Agreement; (f) undertaking weather proofing repairs to protect roofs and walls; (g) finalising investigations and arrangements with all relevant authorities including, without limitation, SEQEB; and (h) to commence capping, diversion, relocation of services both internal and external to the Construction Site and other work approved in writing by the Minister’s Nominated Representative. “Special Facility Licence” means a special facility licence to be granted and administered pursuant to the LiquorAct1992 in relation to the whole of the Complex in accordance with the form set out in the Eleventh Schedule. “Special Lease” means the lease or leases to be granted pursuant to Section 203(a) of the Land Act 1962 in relation to the whole of the Complex or in respect of the component parts of the Complex. Each such lease shall be in the form set out in the Seventh Schedule. “Statutory Planning Provisions” means any statutory town planning provisions regulating the Development of the Site. “Stephens Lane” means the land adjoining the Site bounded by George Street, Old Printery (William Street), Printing Building (George Street), William Street and the common boundary shared with the Land Administration Building. “Stop Order” means an order issued by the Minister, the Heritage Minister or their nominated representatives pursuant to Part III. “Treasury Building” means the land known as Treasury Building bounded by William Street, Queen Street, George Street and Elizabeth Street.
19 Brisbane Casino Agreement “Works” means all design, construction, Fit-out and Commissioning works of any nature whatsoever necessarily required for the completion of the Complex and shall include all excavations and ancillary works preparatory to and associated therewith whether on or off the Site. ´ 2. Interpretation. (a) Unless the context otherwise requires, words importing a singular gender shall include any other gender; the singular includes the plural and vice versa; person includes corporation and/or bodies corporate; whenever a corporation shall be a party hereto the words designating such corporation herein shall extend to and include such corporation, its successors in titles and permitted assigns; whenever a person shall be a party hereto the words designating such person herein shall extend to and include such person his executors, administrators and assigns; where two or more parties are parties to a covenant, agreement, undertaking or provision of any kind hereunder, then whether those parties are referred to individually herein or designated and referred to together by a word in the singular person, such covenant, agreement, undertaking or provision of any kind whatsoever shall bind such parties jointly and each of them severally. (b) Unless the context otherwise requires, whenever there is any covenant on the part of the Company or obligation placed on the Company (express or implied) then any costs associated with the performance of that covenant or obligation shall be at the expense of the Company. (c) Headings have been inserted for ease of reference only and do not affect the interpretation of this Agreement. ´ 3. Counting of days. (a) Unless nominated specifically otherwise within a particular clause herein, the counting of days is to be based on working week days (Monday to Friday inclusive) but excluding public holidays occurring in Brisbane.
20 Brisbane Casino Agreement (b) Rostered days off and other construction industry related non-working days are to have no effect on the counting of days in any matter concerned with notices between the State and the Company. ´ 4. Legislative Acts. Any reference to any Act or Acts, regulations, ordinances or by-laws, unless the context otherwise requires shall include that Act or those Acts, regulation, ordinance or by-laws and any Act, regulation, ordinance or by-law amending the same or in substitution therefor. ´ 5. Authority to enter into Agreement. The State acknowledges and confirms that approval has been given in accordance with the Agreement Act for the Minister, for and on behalf of the State, to enter into this Agreement with the Company and that pursuant to the Agreement Act this Agreement is taken to be ratified by Parliament for the purposes of section 19 of the Control Act . ´ 6. Prospective Licensee’s Benefits and Obligations. (a) The benefits conferred upon, and the obligations imposed upon, the Company pursuant to this Agreement include those benefits and obligations contained in the Permit to Occupy and the Special Lease. (b) In the event of any conflict between this Agreement, the Permit to Occupy and the Special Lease, this Agreement shall prevail. In the event of any conflict between the Permit to Occupy and the Special Lease the Permit to Occupy shall prevail if the act omission or thing in respect of which the conflict arises occurs prior to the Lease Commencement Date and the Special Lease shall prevail if the act omission or thing in respect of which the conflict arises occurs on or after the Lease Commencement Date. (c) For the purposes of section 21 of the Control Act only, the Company shall while it is the lessee under the Special Lease in respect of the Casino be deemed to be the owner of the
21 Brisbane Casino Agreement hotel-casino complex to be constructed pursuant to this Agreement. ´ 7. Conditions precedent. (a) This Agreement shall be subject to and conditional upon: (i) the Building Agreement; (ii) the Management Agreement; (iii) the Licence Agreement; (iv) the Facility Letter; and (v) the Financial Agreement being duly entered into by the respective parties thereto prior to, or not later than 10 days after, the date of this Agreement or such extended period as may be approved by the Minister, in the form of agreement that in each case is in accordance with the copy thereof tabled in Parliament or in such other terms as are approved by the Minister. (b) Any amounts payable pursuant to clause 2(a) of the Financial Agreement shall be paid in accordance with the Financial Agreement to Queensland Treasury in a form approved by the Minister. (c) If the conditions contained in subclauses (a) and (b) of this clause shall not have been satisfied within the period referred to therein, this Agreement shall thereupon cease and determine and none of the parties to this Agreement will have any claim against any other of them with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement or in anticipation of the coming into force of this Agreement. (d) Subject to the grant of the Minister’s approval of the proposed Site Establishment works and to the Company performing its obligations under this Agreement to be performed prior to the Company taking possession of the Construction Site, the Company may undertake Site Establishment at any time from the issue of the Permit to Occupy provided approval has been
22 Brisbane Casino Agreement obtained pursuant to clause 26 for such work. ´ 8. Variation of the Agreement. The terms of this Agreement, and specifically so far as they give to the Company the entitlements, benefits and privileges as herein provided, may only be varied in accordance with section 6 of the Agreement Act. ´ 9. Authority of the Minister. The Minister shall have the authority to decide all matters on behalf of the State pertaining to or connected with this Agreement unless the Governor in Council is specifically stated as the approving authority. ´ 10. Agreement to have force of law. The parties acknowledge that, pursuant to section 5 of the Agreement Act, upon this Agreement being entered into the provisions of this Agreement shall have the effect as if the Agreement were an enactment of the Agreement Act. ´ 11. Illegal acts. Notwithstanding anything contained in any Act or other statutory provision or rule of law enacted by the State it is hereby acknowledged that any act by the State, or the Company, connected with, or pertaining to the obligations, titles, rights and privileges of the parties contained in this Agreement, which would, but for the enactment of the Control Act and the Agreement Act be illegal shall not be illegal. ´ 12. Encumbrances to the Licence. Subject to any other approvals required under any other act, the Company may mortgage, charge or otherwise encumber its interests in: (a) the Casino Licence; (b) the Special Facility Licence; (c) the Complex; (d) the Special Lease; and
23 Brisbane Casino Agreement (e) the rights and benefits of the Company under this Agreement in accordance with Section 32 of the Control Act . PROVIDED HOWEVER that any such encumbrance shall include the name of the State of Queensland as the lessor of the Site and the Minister shall be deemed to have consented to the execution by the Company of the securities referred to in the Facility Letter and to the granting of the security constituted by or provided for in the Facility Letter, and to have approved the appointment of the mortgagee and encumbrancee under those proposed securities as the person to whom such security is to be given in terms of and in accordance with Section 32 of the Control Act . ´ 13. Approval of Agreement. (a) This Agreement is made in accordance with section 4(1) of the Agreement Act and has been approved by regulation as required by section 4(2) of the Agreement Act. (b) If the regulation referred to in paragraph (a) above is disallowed by the Legislative Assembly within 14 sitting days (as defined in the StatutoryInstrumentsAct1992 ) after the regulation is laid before the Legislative Assembly, this Agreement will cease and determine in which event neither party will have any claim against the other with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement or in anticipation of the coming into force of the Agreement other than as set out in the Financial Agreement. ´ 14. Bear own costs. Each party shall pay its own costs in respect of this Agreement. ´ 15. Stamp Duty. The Company shall not be liable for any stamp duty on this Agreement or any document entered into between the parties pursuant to or in accordance with this Agreement, including without limiting the foregoing the Financial Agreement, the Permit to Occupy and the Special Lease.
24 Brisbane Casino Agreement PART II—DEVELOPMENT OF COMPLEX AND RELATED MATTERS ´ 16. Identification of Site. The State confirms the Site as the area upon which the Complex shall be developed and constructed in accordance with the terms of this Agreement. 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. ´ 17. Zoning of Site. (a) Notwithstanding the provisions of any Planning Legislation the State agrees that subject to compliance by the Company with its obligations under this Agreement, from the Operative Date: (i) the Site shall be deemed to be included in the Particular Development (Brisbane Casino) Zone under any Planning Scheme in force in the Local Authority Area in which the Site is situated and shall remain so zoned for the purposes of this Agreement; (ii) the Development of the Site shall be deemed to be Permitted Development under any Planning Legislation, Planning Scheme or Statutory Planning Provisions in force in the Local Authority Area in which the Site is situated; and (iii) the Development of the Site shall be deemed to have complied with all requirements or standards fixed or specified by any Planning Legislation, Planning Scheme or Statutory Planning Provisions in force in the Local Authority Area in which the Site is situated; so that the Development may be carried out without any interference or interruption by any Local Authority, corporation or instrumentality of the State or any person on the grounds that the Development is contrary to any Planning Legislation, Planning Scheme or Statutory Planning Provisions in force in the Local
25 Brisbane Casino Agreement Authority Area in which the Site is situated. (b) The State agrees that subject to compliance by the Company with its obligations under this Agreement, from the Operative Date the Planning Scheme Maps for the Planning Scheme in force in the Local Authority Area in which the Site is situated shall be deemed to be appropriately endorsed by the Local Authority and the Minister for Housing, Local Government and Planning to give effect to clause 17.(a). ´ 18. Warranties by the Company. The Company warrants that: (a) all matters, other than those matters referred to in clause 17, which required the consent, permission or approval of the local authorities and statutory bodies with respect to the design, development, construction and Commissioning for operation of the Complex have been or will be satisfactorily negotiated with such local authorities and statutory bodies; (b) the Complex shall be designed, developed, constructed, fitted out and commissioned for operation in accordance with the Schematic Design Drawings and the further working drawings and specifications which are hereinafter provided for together with any approved alterations or modifications thereto pursuant to clause 29; and (c) the Complex (other than the John Oxley Library Building) shall be completed and ready for operation and use by the public not later than 30 months from the Operative Date subject only to any extensions of time to that date which may be approved by the Company pursuant to the Building Agreement and monitored by the State. ´ 19. Works and Fees. (a) The Company shall perform at its own cost the works set out in Part A of the Fourth Schedule. The Company estimates that the performance of the works will cost the sums set out in the second column of Part A of the Fourth Schedule but shall not be obliged
26 Brisbane Casino Agreement to expend those amounts. (b) The Brisbane City Council shall perform the works set out in Part B of the Fourth Schedule. The Company shall pay to the Brisbane City Council the Council’s costs in the performance of the works (as negotiated between the Company and the Council). ´ 20. Development to comply. (a) The design, construction, fit-out and commissioning of the Complex or any stage thereof as hereinafter provided for shall, subject to the provisions of clause 17, comply with the requirements of all regulations and by-laws of all relevant Local Authorities and Statutory Bodies and all Acts of the State and the Commonwealth applicable thereto and in particular the Fire Services Act 1991 , the Building Act 1975 , the Workplace Health and Safety Act and the Factories and Shops Act 1960 . (b) The parties acknowledge that compliance by the Company with the provisions of subclause (a) of this clause shall in no manner whatsoever compel or require the Company to carry out any additional works or to make any financial contributions to any such authorities or bodies in respect of the design, construction, Fit-out and Commissioning of the Complex which are in addition to those provided for in clause 19 save and except such additional works or financial contributions which would be usual for the design, development, construction, Fit-out and Commissioning of the Complex and which could not have reasonably been foreseen at the commencement of the Works and of which the Governor in Council has approved. ´ 21. Compliance with Building Act. (a) The provisions of the Building Act 1975 other than: (i) such provisions as relate to the requirement to make application to a local authority for its approval to carry out building work; and (ii) such provisions, exclusive of the Standard Building By-laws, as confer on a local authority any power, authority
27 Brisbane Casino Agreement or discretion or impose on a local authority any function or duty; extend to the design, construction, Fit-out and Commissioning of the Complex (whether before or after the Lease Commencement Date) subject to the following provisions of this clause. (b) The carrying out of building work shall not be unlawful by reason only of the absence of an approval by a local authority under the Building Act 1975 . (c) In the application to any building work being carried out in relation to the design, construction, Fit-out and Commissioning of the Complex of any provision of the Standard Building By-laws that confers on a local authority any power, authority, or discretion or imposes on a local authority any function or duty, such provision shall be read and construed as if in every such case it conferred or imposed on the Minister or on a person authorised by the Minister for the purpose that power, authority, discretion, function or duty in place of the local authority. (d) The Minister is hereby empowered to authorise, either generally or in a particular case, any person to exercise a power, authority or discretion or to perform a function or duty construed under this clause to be conferred or imposed on the Minister. (e) Where building work is to be carried out, the local authority of the area in which the building work is to be carried out shall be supplied by the Minister or by a person authorised by the Minister for the purpose with such information as is prescribed by the Standard Building By-laws. (f) In this clause: (i) building work; (ii) local authority; and (iii) Standard Building By-laws; have the same meaning as in the Building Act 1975 .
28 Brisbane Casino Agreement ´ 22. Issue of the Permit to Occupy. The State shall take all steps necessary to ensure the issue to the Company of a permit to occupy over the Construction Site allowing the Company to occupy the Construction Site from the date of this Agreement. Such permit to occupy shall be in the form of the Permit to Occupy. The State is authorised to complete the Permit to Occupy by inserting the date of commencement being the date of this Agreement. Notwithstanding the foregoing the Company shall not be entitled to commence Site Establishment until the Company has carried out the following obligations: (a) the Company has insured the Construction Site pursuant to the terms of clause 13 of the Permit to Occupy; (b) the Company has carried out any other obligation required by the State to be performed pursuant to this Agreement prior to the commencement of Site Establishment. ´ 22A. General Rates. It is declared that from the date of issue of the Permit to Occupy, to the extent that the Construction Site is subject to the Permit to Occupy, the whole or a part (as the case may be) of the Construction Site is not liable to general rates under any relevant rating legislation. ´ 23. Acknowledgment of the Permit to Occupy. The Company shall abide by the terms of the Permit to Occupy from the date of its issue. The Company’s acknowledgment and acceptance of the Permit to Occupy will be confirmed by the commencement of Site Establishment by the Company’s Contractor. ´ 24. Schematic Design Drawings. The parties acknowledge that the Schematic Design Drawings identified in the Second Schedule set out the general design and reflect the planning objectives of the State and the Company for the design, development, construction, Fit-out and Commissioning of the Complex except for the items nominated in the Queensland Treasury report titled Brisbane Casino
29 Brisbane Casino Agreement Schematic Design Drawings: Design Amendments and Further Particulars dated April 1993. ´ 25. Detailed Design Submission. The Company shall within 18 weeks of the Operative Date or such longer period as approved by the Minister submit to the Minister for his approval the following items: (a) an engineering survey drawing indicating all site alignments and constraints and all metes and bounds of the site all ownership and controls as well as the names of any abutting roads waterways service lines and other material matters both existing and proposed; (b) a schedule identifying the nature and degree of access to all facilities by people who may not be attending the Complex; (c) a detailed site development master plan or plans clearly indicating the full intentions of the Company for the development of the Complex which shall contain all intended stages of development; (d) all developed design drawings; (e) a budget estimate of costs for the Works prepared by a Quantity Surveyor in accordance with the current National Public Works Conference Cost Control Manual; (f) a proposal detailing the intended method of carrying out all phases of the development of the Complex including the type of contract documentation to be used, the system, including the provision for Ministerial review and approval, for the calling of tenders and appointment of sub-contractors, nominated sub-contractors, trade contractors and the method for completing construction, fit-out and the commissioning of the Complex; (g) an itemised design and construction program for all phases of the development of the Complex up to and including the time of commissioning the Complex for operation which may at the option of the Company provide for the Works to be staged to permit pursuant to clause 40 hereof any part of the Complex to open for use by members of the public before the whole of the Complex is completed;
30 Brisbane Casino Agreement (h) a projected and itemised cash-flow forecast up to and including the commissioning stage on a financial year matrix. ´ 26. Essential pre-requisites for construction. (a) The State acknowledges and confirms that the Company intends to prepare or cause to be prepared all necessary documents and drawings for the design and construction of the Complex other than the documents and drawings contemplated in clauses 25, 26 and 27 and to carry out or cause to be carried out the construction of the Complex in stages and that as the said necessary documents and drawings for each stage are completed to submit all such documents and drawings to the Minister for approval. (b) The Company shall, not later than the dates contemplated in the Development Program, submit to the Minister for his approval the following drawings and documents so far as they relate to that part of the Works which the Company intends to commence as the next ensuing stage: (i) working drawings and specifications; (ii) pre-tender contract documentation; (iii) nominations of sub-contractors; (iv) equipment and fit-out documentation. ´ 27. Casino-related Documentation. (a) The Company shall, not less than 20 days prior to the commencement of any Works or any part thereof which relate directly to the operation of the Casino, submit to the Minister for his approval, all working drawings and specifications relating to such items of construction and in particular the following details: (i) Casino floor layouts showing placement of gaming tables and closed circuit television cameras; (ii) the design of the reflected ceiling showing the location of closed circuit television cameras, lights and other fittings and services;
31 Brisbane Casino Agreement (iii) plans of cashier’s cages, count rooms and all security areas including access thereto; (iv) plans of areas to be used for inspectors appointed under the Control Act , Police personnel and the Casino security and surveillance personnel; (v) the electrical installations, including the following items in particular: A. closed circuit television system; B. alarm system; C. telephone installations; D. emergency link to local police headquarters; E. auxiliary power and lighting provisions; F. all computer installations in general, with particular emphasis on the control and operating system for machine gaming; (vi) the master-key system proposed; and (vii) the proposed construction, supply or fit-out of the preceding items. (b) The Company shall ensure that all materials, fittings and equipment utilised in the construction, fit-out and operation of those areas specified in subclause (a) shall be of a high standard of manufacture and of a quality commensurate with an international class hotel-casino. ´ 28. Pre-Opening documentation. The Company shall in sufficient time to allow the Minister to consider but in any event prior to the date upon which the Company intends to open for use by the public any part of the Complex submit to the Minister for his approval details of the following matters so far as they relate to that part of the Complex which the Company intends to open as aforesaid: (a) fire safety procedures; (b) crowd control procedures;
32 Brisbane Casino Agreement (c) armoured vehicle transfer arrangements; (d) vehicle control and parking arrangements. ´ 29. Variations to design. (a) The parties acknowledge that variations to the Schematic Design Drawings and the working drawings and specifications to be provided pursuant to this Agreement may be necessary. The Company shall submit to the Minister’s Nominated Representative details of any such variations that are proposed and shall not make any such variations without the prior approval in writing of the Minister. If such variation is a Development in terms of Part III then in addition to obtaining the approval of the Minister under this clause, the approval of the Minister must be obtained under Part III. (b) If, in the opinion of the Company, it is necessary to make variations as aforesaid as a matter of urgency then the Company shall be permitted to carry out such variations and it shall as soon as is practicable advise the Minister’s Nominated Representative of such variations. This advice shall identify the case for any such variation and also identify the reasons for proceeding without prior approval of such variation, unless such variation involves the removal of existing fabric which is not permitted under any circumstances without prior written approval. ´ 30. Compliance with Brief to Applicants . (a) In considering an application for approval under clauses 25, 26, 27, 28, 29 and 42, the Minister may have regard to the requirements (if any) specified in the Brief to Applicants. (b) The Minister may refuse to approve an application under the clauses 25, 26, 27, 28 and 29 on the ground that the matter for which approval is sought fails to comply with the requirements specified in the Brief to Applicants. The Minister may approve an application under clauses 25, 26, 27, 28 and 29 even though the matter for which approval is sought fails to comply with the requirements specified in the Brief to Applicants.
33 Brisbane Casino Agreement (c) The Company agrees that it will not object to or appeal against the decision of the Minister to reject an application for approval on the ground that it failed to comply with the requirements specified in the Brief to Applicants unless such objection or appeal relates to whether the application complies with the requirements specified in the Brief to Applicants. (d) Where the Minister approves an application which does not comply with the requirements specified in the Brief to Applicants in respect of a specific matter then the Minister shall not subsequently reject an application in respect of the same specific matter on the ground that it does not comply with the requirements specified in the Brief to Applicants. ´ 31. Show Cause Procedure. (a) If upon the submissions detailed in clauses 25, 26, 27, 28, 29 and 42 having been made, the Minister does not approve the whole or any part of such submissions he shall issue a notice to Show Cause why that part should not be altered, replaced or withdrawn and cause such notice to be delivered to the Company; (b) The notice shall state the grounds upon which the Minister does not approve the whole or such part of the submission and shall allow such time as may be reasonable, but not less than 10 days, by which cause may be shown; (c) The Company may endeavour to Show Cause by written, oral or any other type of further submission to the Minister on or before the day specified in the notice by which cause may be shown, and may in showing cause, introduce such further alternative proposals for consideration by the Minister as it deems necessary; (d) The Minister shall give all further submissions forwarded to him in answer to the Show Cause notice all due consideration and if, in his opinion: (i) insufficient cause is shown or, where no cause is shown, direct that the Company modify its submission in such manner as will satisfy him; or (ii) sufficient cause is shown accept and approve the submission
34 Brisbane Casino Agreement of the Company in its original form or subject to any modification which he directs; (e) In his consideration of all submissions made to him pursuant to clauses 25, 26, 27, 28, 29 and 42 or pursuant to this clause the Minister shall have regard to the general design and planning objectives of the State and the Company contained in the Schematic Design Drawings, subject to such variations thereto as shall have been approved where approval is required. ´ 32. Time for Approval. During the period of the Permit to Occupy and subject to the provisions of Part III, the Minister shall approve or not approve the necessary documents (including drawings) which the Company is required to lodge with the Minister hereunder within 20 days of receiving same from the Company provided however that if the Minister at any time requests the Company to provide further information relevant to the documentation before the Minister, the days between the date that the information is requested and the date that the information is provided, inclusive of both dates, shall not be counted in the 20 day period referred to above. If the Minister has not advised within the time for approval: (a) that the documents have to be resubmitted, giving particular reasons for non-approval; or (b) that the documents are approved subject to particular conditions being undertaken; or (c) that a Show Cause notice pursuant to clause 31 has already been issued covering the topic of the documents; or (d) that a Show Cause notice pursuant to clause 31 is hereby issued; then the Company may at its discretion advise that deemed approval will be in effect by formally advising the Minister. If no written response as required herein has been received within 2 days of the Company’s Notice being served, the Minister’s approval is deemed to be in effect and the Company may proceed with that part of the Works for which approval was sought.
35 Brisbane Casino Agreement ´ 33. Minister’s Nominated Representative. (a) The Minister’s Nominated Representative shall be available during all normal working hours, and as often as may be necessary, for consideration of all drawings and specifications and consideration and consultation of any other technical matters connected with design, construction, fit-out and commissioning of the Complex. (b) The Company shall provide an on-site secure office for the exclusive use by the Minister’s Nominated Representative and any other representatives nominated by the Minister as hereinbefore referred to during the carrying out of the Works. Such office shall be in a location to be agreed upon by the Minister’s Nominated Representative and the Company and shall have its own separate access and be of a standard that is, and with facilities that are, not less than that provided for the Company’s Contractor’s senior on-site representative. ´ 34. Inspections of the Construction Site. (a) The Minister’s Nominated Representative shall from time to time give to the Company notice in writing of particular inspections, measurements and tests that he proposes to carry out during the progress of the Works sufficiently in advance of the proposed dates of completion of the work to be inspected, measured or tested so as not to delay the completion thereof and the Company shall ensure that no part of the Works is covered up or otherwise made inaccessible before any required inspection, measurement or test is completed; PROVIDED HOWEVER that should the Minister’s Nominated Representative not carry out the particular inspection, measurement or test on the day appointed by the Company’s Contractor, the Company’s Contractor shall be at liberty to continue the Works after so advising the Minister’s Nominated Representative. (b) Unless the particular inspection is considered, in the reasonable opinion of the Minister’s Nominated Representative, to be of an urgent nature, the inspection shall be carried out at a time which is mutually agreed by the Minister’s Nominated Representative and
36 Brisbane Casino Agreement the Company’s Contractor. (c) The Minister, the Minister’s Nominated Representative and any persons appointed in writing by the Minister or the Minister’s Nominated Representative, shall at all times have free access to the site for the purpose of inspecting and measuring the progress of the works and undertaking tests; PROVIDED THAT, in doing so, such persons shall not interfere with the progress of the Works except for the purpose of exercising any powers hereby conferred; AND PROVIDED FURTHER that on entering the Site, such persons shall inform the senior representative of the Company’s Contractor on the Site of their presence and shall comply with all reasonable directions given and on-site policies made by the Company and/or the Company’s Contractor in relation to persons entering the Site for the purposes of on-site health and safety. ´ 35. Project Advisory Group Meetings. Project Advisory Group meetings shall be held on a monthly basis and from time to time as may be agreed upon by the Minister’s Nominated Representative and the Company’s Nominated Representative during the design documentation, construction, Fit-out and Commissioning stages. The principal purposes of these meetings are to monitor design, development, contract documentation and progress of the Works, to provide advice by the Minister’s Nominated Representative to the Company in respect of compliance with the State’s requirements during the various stages of the development of the Complex and to discuss any urgent matters which may arise from time to time. Such meetings shall be chaired by the Minister’s Nominated Representative and attended by the Company’s Nominated Representative and such others as may be determined by these persons from time to time. The Company shall provide accurate minutes to the Minister’s Nominated Representative within 5 days of such meetings. ´ 36. Copies of documents. The Company shall provide four copies of all plans, specifications and
138 Brisbane Casino Agreement Eighth Schedule (continued) policy applying to the Total Site. The Lessee’s replacement insurance obligations under clause 9.(a)(ii) and the Collateral Leases may be satisfied under a single policy applying to the Total Site.” 6. Clause 25 shall be deleted. PART 5 (Land Administration Building) The following amendments shall be made to the form of Special Lease set out in the Seventh Schedule: 1. The Demised Premises shall be that part of the Site described in clause 40.(a)(iii) as finally surveyed and registered in the appropriate office. 2. The area shall be the area of the Site described in clause 40.(a)(iii) as finally surveyed. 3. The term shall be from the Lease Commencement Date for the relevant Special Lease to the date being 75 years from the Lease Commencement Date for the first Special Lease granted under clause 40.(b). 4. In clause 1 the following additional definitions shall be inserted in alphabetical order: “Total Site” means the land described as (this definition shall be completed by inserting the then current property description of the land identified on the plan contained in the Seventh Schedule). “Collateral Leases” means any Special Lease granted under clause 40.(b) of the Brisbane Casino Agreement in respect of any part of the Total Site other than this Lease. 5. The following new paragraph shall be added at the end of clause 9: “The Lessee’s public liability insurance obligations under clause 9.(a)(i) and the Collateral Leases may be satisfied under a single
139 Brisbane Casino Agreement Eighth Schedule (continued) policy applying to the Total Site. The Lessee’s replacement insurance obligations under clause 9.(a)(ii) and the Collateral Leases may be satisfied under a single policy applying to the Total Site.” 6. Clause 25 shall be deleted.
140 Brisbane Casino Agreement ¡ Ninth Schedule: TOTAL CAPITAL BUDGET & CASH FLOW FORECAST MONTH BUILDING PRELIMINS ESCAL'N F.F.& E. SUB-TOTAL CONSULT- TOTAL ANT FEES To Date 1,197,563 1,197,563 J/92 604,890 604,890 A 594,604 594,604 S 878,950 878,950 O 62,000 62,000 814,040 876,040 N 32,000 32,000 1,024,152 1,056,152 D 40,000 40,000 1,000,972 1,040,972 J/93 60,000 60,000 933,979 993,979F60,000 60,000 881,302 941,302 M 80,000 80,000 945,387 1,025,387 A 68,000 68,000 1,038,297 1,106,297 M 999,168 999,168 881,655 1,880,823 J 282,460 1,955 284,415 925,866 1,210,281 J 668,545 821,973 8,130 1,498,648 795,012 2,293,660 A 1,400,000 399,633 12,345 250,000 2,061,978 581,281 2,643,259 S 2,080,000 438,633 47,788 4,000 2,570,421 581,282 3,151,703 O 2,675,000 442,613 95,650 70,000 3,283,263 537,282 3,820,545 N 3,440,000 477,335 167,623 320,000 4,404,958 569,282 4,974,240 D 4,190,000 527,733 258,964 250,000 5,226,697 562,732 5,789,429 J/94 4,987,000 582,633 367,447 5,937,080 416,282 6,353,362F5,735,000 635,633 497,200 6,867,833 409,281 7,277,114 M 6,398,000 572,633 617,449 7,588,082 295,366 7,883,448 A 6,785,000 585,633 721,420 8,092,053 295,828 8,387,881 M 6,959,228 631,633 829,671 8,420,532 285,828 8,706,360 J 7,369,000 572,163 925,394 8,866,557 306,078 9,172,635 J 7,387,920 567,163 1,012,267 8,967,350 299,858 9,267,208 A 7,361,000 572,163 1,068,614 33,100 9,034,877 307,824 9,342,701 S 7,314,000 562,163 1,092,808 1,677,541 10,646,512 251,122 10,897,634 O 7,217,000 558,163 1,376,253 11,558,903 20,710,319 298,060 21,008,379 N 6,907,000 518,163 1,086,620 13,319,461 21,831,244 296,897 22,128,141 D 5,824,000 501,163 951,056 3,641,564 10,917,783 187,352 11,105,135 J/95 5,287,268 518,163 886,253 1,810,892 8,502,576 86,625 8,589,201F3,335,000 509,509 607,492 1,300 4,453,301 55,696 4,508,997 M 2,226,000 396,298 425,422 3,047,720 53,125 3,100,845 A 758,000 418,176 192,179 1,368,355 53,125 1,421,480 M 53,125 53,125 TOTAL 106,303,961 13,493,000 13,250,000 32,936,761165,983,722 19,300,000 185,283,722
141 Brisbane Casino Agreement ¡ Tenth Schedule: EASEMENT TERMS GRANTS OF EASEMENT MultiPurpose Easement Stephens Lane Services Easement Queens Park Access Easement Miller Park
142 Brisbane Casino Agreement Tenth Schedule (continued) PART 1 STEPHENS GRANTOR GRANTEE ESTATE OR INTEREST BEING BENEFITED HOW ESTATE OR INTEREST BEING BENEFITED IS HELD DESCRIPTION OF SERVIENT TENEMENT MORTGAGES, ENCUMBRANCES, ETC. CONSIDERATION DESCRIPTION OF DOMINANT TENEMENT MULTI PURPOSE EASEMENT Queensland GRANT OF EASEMENT QUEENSLAND GOVERNMENT JUPITERS LIMITED Leasehold estate under special lease * Not applicable Lease PART OF * County Stanley Parish North Brisbane Description EASEMENT * IN LOT * ON PLAN * Nil $1.00 Lease * County Stanley Parish North Brisbane Description Lot * on Plan *
143 Brisbane Casino Agreement SHORT GENERAL DESCRIPTION OF PURPOSE OF EASEMENT Tenth Schedule (continued) Vehicular right of way, pedestrian right of way, fire escape egress and light and air THE GRANTOR FOR THE ABOVE CONSIDERATION HEREBY GRANTS TO THE GRANTEE THE EASEMENTS HEREIN DESCRIBED AND THE GRANTOR AND THE GRANTEE HEREBY COVENANT WITH EACH OTHER IN TERMS OF THE SCHEDULE HERETO. SIGNED THIS DAY OF 19 EXECUTION BY GRANTOR WITNESS EXECUTION WITNESS IN MY PRESENCE (signature) . . . . . . . . . . . . . . . . A Justice of the Peace/Solicitor (full name to be printed) . . . . . . . . . . . . . . . . . . . . . . BY GRANTEE THE COMMON SEAL of ) JUPITERS LIMITED is )................ affixed in accordance with ) its articles of association ) in the presence of ) and ) who hereby certify ) that they are the proper officers ) . . . . . . . . . . . . . . . . of the company to affix the seal) IN MY PRESENCE (signature) . . . . . . . . . . . . . . . . A Justice of the Peace/Solicitor (full name to be printed) . . . . . . . . . . . . . . . . . . . . . .
144 Brisbane Casino Agreement Tenth Schedule (continued) SCHEDULE This is the schedule referred to in easement dated 19 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 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 proprietor or proprietors, 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, licensees and invitees in respect
145 Brisbane Casino Agreement Tenth Schedule (continued) of the Servient Tenement and in common with the rights of all persons lawfully using or enjoying the Servient Tenement. 3. 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 on foot 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. 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, 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. 4. 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 on foot along and upon the surface of the Servient Tenement at all times by day or by night for fire escape egress purposes associated with use of the Dominant Tenement. 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, 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. 5. The Grantor grants to the Grantee and the Occupier the full and free right to the access and enjoyment of light and air to, through and for the windows, lights and apertures of the wall of the building erected on the Dominant Tenement immediately adjacent to the Servient Tenement, over and across the Servient Tenement without any obstruction or interruption caused by or consequent upon the erection, raising, making or suffering to stand of any building, structure or thing whatsoever upon the Servient Tenement except for seats, shrubs and trees. The Grantee and the Occupier shall exercise such right in common with the rights of the Grantor and any tenant of the Grantor and their customers, servants, agents, tenants, licensees and invitees in respect of the Servient Tenement and in common with the rights of all
146 Brisbane Casino Agreement Tenth Schedule (continued) persons lawfully using or enjoying the Servient Tenement. 6. 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 and pedestrian traffic along and upon the Servient Tenement, provided always that the Grantor may give reasonable notice to the Grantee specifying appropriate directions for traffic flow and the Grantee will not be entitled to hold the Grantor in breach of its obligations under this easement. The Grantor and the Grantee shall not cause or allow any rubbish or waste material to be deposited on the Servient Tenement. 7. The Grantor shall keep and maintain the surface of the Servient Tenement in good, reasonable and trafficable condition. 8. Any notice to be given under or in respect of this document shall be given in accordance with the Brisbane Casino Agreement. 9. 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. 10. 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.
147 Brisbane Casino Agreement Tenth Schedule (continued) PART 2 SERVICES EASEMENT QUEENS PARK Queensland GRANT OF EASEMENT GRANTOR QUEENSLAND GOVERNMENT GRANTEE JUPITERS LIMITED ESTATE OR INTEREST BEING BENEFITED Leasehold estate under special lease * HOW ESTATE OR INTEREST BEING BENEFITED IS HELD Not applicable DESCRIPTION OF SERVIENT TENEMENT Lease County Parish Description PART OF * Stanley North Brisbane EASEMENT * IN LOT * ON MORTGAGES, ENCUMBRANCES, ETC. Nil PLAN * CONSIDERATION $1.00 DESCRIPTION OF DOMINANT TENEMENT Lease County Parish Description * Stanley North Lot * on Plan * Brisbane
148 Brisbane Casino Agreement SHORT GENERAL DESCRIPTION OF PURPOSE OF EASEMENT Tenth Schedule (continued) Pedestrian right of way, fire escape egress and services THE GRANTOR FOR THE ABOVE CONSIDERATION HEREBY GRANTS TO THE GRANTEE THE EASEMENTS HEREIN DESCRIBED AND THE GRANTOR AND THE GRANTEE HEREBY COVENANT WITH EACH OTHER IN TERMS OF THE SCHEDULE HERETO. SIGNED THIS DAY OF 19 EXECUTION BY GRANTOR WITNESS IN MY PRESENCE (signature) . . . . . . . . . . . . . . . . A Justice of the Peace/Solicitor (full name to be printed) ................ EXECUTION BY GRANTEE THE COMMON SEAL of ) JUPITERS LIMITED is )................ affixed in accordance with ) its articles of association ) in the presence of ) and ) who hereby certify ) . . . . . . . . . . . . . . . . that they are the proper officers ) of the company to affix the seal) WITNESS IN MY PRESENCE (signature) . . . . . . . . . . . . . . . . A Justice of the Peace/Solicitor (full name to be printed)
149 Brisbane Casino Agreement Tenth Schedule (continued) SCHEDULE This is the schedule referred to in easement dated 19 1. In this document, unless the contrary intention appears: “Authorised Users” means: (a) in respect of the Services Area, the Grantee's servants and agents; and (b) in respect of the Stairway Area, the Grantee's and Occupier's customers, servants, agents, tenants, licensees and invitees. “Brisbane Casino Agreement” means an agreement dated 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 proprietor or proprietors, 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. “Services Area” means (insert appropriate description for the 6 areas identified on the easement plan forming part of the Brisbane Casino Agreement as the exhaust vent and air intake vent areas. “Stairway Area” means (insert appropriate description for the 4 areas identified on the easement plan forming part of the Brisbane Casino Agreement as the fire stair areas. “Trustee” means any trustee under whose control the land of which
150 Brisbane Casino Agreement Tenth Schedule (continued) the Servient Tenement forms part is placed under the Land Act 1962. 2 In respect of the Services Area the Grantor grants to the Grantee and the Authorised Users the full and free right and liberty for the Grantee and the Authorised Users to erect, install, maintain, repair, replace, renew and use electrical, water, gas, communication, security, air conditioning and other services in, through and along the Services Area and to enter upon the Services Area for those purposes at all times by day or by night. The Grantee's and the Authorised Users' right of entry for those purposes other than use shall extend to such areas owned or controlled by the Grantor adjacent to the Services Area reasonably required for such purposes. The Grantee and the Authorised Users shall exercise such right and liberty in common with the rights of the Grantor in respect to the Services Area and in common with the rights of all persons lawfully using or enjoying the Services Area. 3. In respect of the Stairway Area 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 re-pass on foot along and upon the Stairway Area at all times by day or by night for fire escape egress purposes and all lawful purposes associated with the use of the Dominant Tenement. The Grantee, the Occupier and the Authorised Users shall exercise such right and liberty in common with the rights of the Grantor and its servants, agents, licensees and invitees in respect to the Stairway Area and in common with the rights of all persons lawfully using or enjoying the Stairway Area. 4 The Grantor and Grantee acknowledge that the Servient Tenement is part of a public place. The Grantor shall not take positive steps which have the effect of causing or allowing any nuisance or other hindrance which might obstruct the use of the Servient Tenement as permitted under clauses 2 and 3. 5. In the event that any door to any Stairway Area is below the level of the surface area of Queens Park as defined in the Brisbane Casino Agreement, the Grantee in exercising its rights under this easement shall not unduly interfere or restrict access to the public to any such
151 Brisbane Casino Agreement Tenth Schedule (continued) door provided always that the Grantee may take reasonable action for the purposes of safety. 6. Any notice to be given under or in respect of this document shall be given in accordance with the Brisbane Casino Agreement. 7. 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 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. 8. The Grantee shall comply with clause 44 of the Brisbane Casino Agreement. 9. 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.
152 Brisbane Casino Agreement Tenth Schedule (continued) P A R T 3
153 Brisbane Casino Agreement Tenth Schedule (continued)
154 Brisbane Casino Agreement Tenth Schedule (continued)
155 Brisbane Casino Agreement Tenth Schedule (continued) 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
156 Brisbane Casino Agreement Tenth Schedule (continued) any tenant of the Grantor and their customers, servants, agents, tenants, 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.
157 Brisbane Casino Agreement ¡ Eleventh Schedule SPECIAL FACILITY LICENCE TERMS AND CONDITIONS Licensee Jupiters Limited (ACN 010 741 045) Nominee As nominated by the Licensee and approved by the Chief Executive, Department of Tourism, Sport and Racing, subject to the usual tests under Sections 109 and 107 of the Liquor Act 1992 . Manager Conrad International Hotels Corporation Premises’ Name Hotel Conrad and Treasury Casino Licensed Area The whole of the site to which the Brisbane Casino Agreement relates (as defined in the Schedule to the Agreement) as may be modified from time to time under that Agreement. Trading Hours 24 hours per day. Trading Conditions 1. Liquor may only be sold in circumstances provided for in Condition 2. 2. Liquor may be sold: A. In the section of the licensed premises constituting the Casino for consumption on the licensed premises at any time when the Casino is permitted to conduct gaming under the Casino Control Act 1982 ;
158 Brisbane Casino Agreement Eleventh Schedule (continued) B. In the remainder of the licensed premises: (i) to a resident or a guest of the resident (in the company of the resident), for consumption on and off the premises—at any time; (ii) to other persons: (a) for consumption on the premises—24 hours per day, except for Christmas Day (3.00 am to midnight), Good Friday (3.00 am to midnight), and ANZAC Day (3.00 am to 1.00 pm) when the sale of liquor is only to be in association with the consumer eating a meal; (b) for consumption off the premises—8.00 am to midnight, but excluding Christmas Day, Good Friday and ANZAC Day (before 1.00 pm).
159 Brisbane Casino Agreement ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendment incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 February 1997. Future amendments of the Brisbane Casino Agreement Regulation 1993 may be made in accordance with this reprint under the Reprints Act1992, section 49. 3 ´ AIA Agr amd ch def div gaz hdg ins lap notfd om o in c p para prec pres = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 Agreement amended chapter definition division gazette heading inserted lapsed notified omitted order in council page paragraph preceding present prev (prev) proc prov pt pubd RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
160 Brisbane Casino Agreement ´ 4 List of legislation Note —The 1993 Agreement is the original agreement set out in the Brisbane CasinoAgreementRegulation1993, schedule 1. The 1993 Amendment Agreement ( “1993 Agr” ) is the amending agreement set out in schedule 2, part 1. The 1994 Variation Agreement ( “1994 Agr” ) is the amending agreement set out in schedule 2, part 2. The 1995 Amendment Agreement ( “1995 Agr” ) is the amending agreement set out in schedule 2, part 3. The 1996 Amendment Agreement ( “1996 Agr” ) is the amending agreement set out in schedule 2, part 4. Brisbane Casino Agreement Regulation 1993 SL No. 135 notfd gaz 30 April 1993 pp 2041–3 commenced on date of notification as amended by— Brisbane Casino Agreement Amendment Regulation (No. 1) 1993 SL No. 198 notfd gaz 11 June 1993 pp 874–7 commenced on date of notification Brisbane Casino Agreement Variation Regulation 1994 SL No. 355 notfd gaz 7 October 1994 pp 537–8 commenced on date of notification Brisbane Casino Agreement Legislation Amendment Regulation 1995 SL No. 85 notfd gaz 6 April 1995 pp 1483–4 commenced on date of notification Brisbane Casino Agreement Amendment Regulation (No. 1) 1996 SL No. 389 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification ´ 5 List of annotations Definitions s 1 amd 1994 Agr s 2 sch; 1995 Agr s 2 sch def “Construction Period” amd 1995 Agr s 2 sch def “John Oxley Library” ins 1995 Agr s 2 sch def “Lease Period” amd 1995 Agr s 2 sch def “Miller Park” ins 1995 Agr s 2 sch def “Premium Junket Revenue” ins 1996 Agr s 2(a) def “Registered Place” amd 1995 Agr s 2 sch def “Site” sub 1995 Agr s 2 sch def “Special Facility Licence” sub 1994 Agr s 2 sch Prospective Licensee’s Benefits and Obligations s 6 amd 1993 Agr s 2 sch
161 Brisbane Casino Agreement Approval of Agreement s 13 amd 1993 Agr s 2 sch Stamp Duty s 15 amd 1993 Agr s 2 sch Identification of Site s 16 amd 1995 Agr s 2 sch Warranties by the Company s 18 amd 1995 Agr s 2 sch Compliance with Building Act s 21 amd 1995 Agr s 2 sch General Rates s 22A ins 1994 Agr s 2 sch Variations to design s 29 amd 1993 Agr s 2 sch Special Lease Action s 37 amd 1993 Agr s 2 sch; 1995 Agr s 2 sch Easements s 38 amd 1995 Agr s 2 sch Easement Conditions s 39 amd 1995 Agr s 2 sch Early opening of parts of the Complex s 40 amd 1993 Agr s 2 sch Obligations under clause 5 of special lease s 40A ins 1995 Agr s 2 sch Queens Park s 44 amd 1993 Agr s 2 sch Development s 45 amd 1995 Agr s 2 sch Lease Period—General s 50 amd 1993 Agr s 2 sch Lease Period—Minor Variations s 52 amd 1993 Agr s 2 sch Other Acts s 57 amd 1993 Agr s 2 sch Materials Insurance s 63 amd 1993 Agr s 2 sch Corporate structure s 67 amd 1995 Agr s 2 sch
162 Brisbane Casino Agreement Disposal of excess voting Shares s 70 sub 1995 Agr s 2 sch Existing shareholding limitation s 71 amd 1995 Agr s 2 sch Granting of Casino Licence s 73 amd 1993 Agr s 2 sch; 1995 Agr s 2 sch Casino Tax s 76 amd 1996 Agr s 2(b) Special Facility Licence s 77 amd 1995 Agr s 2 sch Partial Surrender of Special Lease s 78A ins 1995 Agr s 2 sch Grounds for Termination s 81 amd 1993 Agr s 2 sch Termination of the Permit to Occupy s 83 amd 1993 Agr s 2 sch Termination of Special Lease s 84 amd 1993 Agr s 2 sch Appointment of Administrator s 85 amd 1993 Agr s 2 sch Sixth Schedule—Permit to Occupy Insurances s 13 amd 1993 Agr s 2 sch Seventh Schedule—Special Lease Other charges against the Lessee s 3 amd 1993 Agr s 2 sch Insurance s 9 amd 1993 Agr s 2 sch Tenth Schedule—Easement Terms amd 1993 Agr s 2 sch; 1995 Agr s 2 sch Part 1 pt hdg ins 1995 Agr s 2 sch Part 2 pt hdg ins 1995 Agr s 2 sch
163 Brisbane Casino Agreement Part 3 pt hdg ins 1995 Agr s 2 sch Eleventh Schedule ins 1994 Agr s 2 sch © State of Queensland 1997
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