Harbours Acts Amendment Act of 1968 (Qld)

69 O u e elann ANNO SEPTIMO DECIMO, ELIZABETHAE SECUNDAE REGINAE No. 10 of 1968 An Act to Amend " The Harbours Acts, 1955 to 1966," in certain particulars , and for other purposes [ ASSENTED TO 16TH APRIL, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Harbours Acts Amendment Act of 1968." (2) Principal Act. " The Harbours Acts, 1955 to 1966," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Harbours Acts, 1955 to 1968." 2. Amendments of s. 8 (1). Subsection (1) of section eight of the Principal Act is amended by- (a) inserting after the definition " Harbour dues " the following definition:- " Harbour lands "-Lands vested in or otherwise held by a Board which, in the opinion of that Board, are required or likely to be required for use in connection with the harbour for which that Board is constituted;"; and

70 Harbours Acts Amendment Act of 1968, No. 10 (b) inserting after the definition " High water mark " the following definition:- Inndduussttrriaial l lands "-Lands which, in the opinion of a Board, would be suitable for manufacturing, industrial or business purposes and the use and development of which for all or any such purposes would be likely to improve the trade of the harbour for which that Board is constituted;". 3. Amendment of s. 56 . Section fifty-six of the Principal Act is amended by- (a) in the first paragraph omitting the words " five hundred pounds " and inserting in their stead the words " two thousand dollars "; (b) in the second paragraph omitting the words " exceeding two hundred and fifty pounds but not exceeding five hundred pounds " and inserting in their stead the words " exceeding five hundred dollars but not exceeding two thousand dollars "; and (c) in the fourth and last paragraph omitting the words " five hundred pounds " and inserting in their stead the words " two thousand dollars ". 4. Amendment of s. 62A. Section 62A of the Principal Act is amended by repealing subsection (2) and inserting in its stead the following subsection:- " (2) All such land vested in or held otherwise by the Board shall be designated, pursuant to this section, as- (a) harbour lands; or (b) industrial lands." 5. Amendment of s. 64 . Section sixty-four of the Principal Act is amended by- (a) in subsection (1) omitting the words in brackets commencing with and including the words " but so that " and ending with and including the words " execution thereof " and the brackets and inserting in their stead the words " but so that every such lease shall be for a term not exceeding ninety-nine years to take effect in possession from the time of the execution thereof "; and (b) in paragraph (i) of the proviso to paragraph (a) of subsection (2) omitting the words " twenty-one years " and inserting in their stead the words " seventy-five years ". 6. New s. 64A inserted . The Principal Act is amended by inserting after section sixty-four the following section:- [ 64A.] Leases of vacant Crown land below high water mark. (1) Subject to this section the Minister for and on behalf of the State of Queensland, with the prior approval of the Governor in Council, may lease any vacant Crown land lying below high water mark for the purpose of the use by the lessee of such land for harbour works: Provided that such a lease of land within or partly within the limits of any harbour shall not be granted unless the views of the Harbour Board, if any, constituted for that harbour are first obtained and the Minister is satisfied that the lease will not in any way impede or disturb navigation or the public convenience.

Harbours Acts Amendment Act of 1968, No. 10 71 (2) A lease under this section- (a) shall be for such term not exceeding severity-five years as the Minister thinks fit; and (b) may contain a covenant that, subject to the lessee observing all the terms and conditions of the lease , the Minister will renew the lease if so required by the lessee before the determination of the term thereof. Such a covenant may provide for the'insertion in any renewed lease of such a covenant for the renewal thereof. The aggregate of. the terms of any lease under this section and of any lease or leases granted by way of renewal or renewals thereof, pursuant to such a covenant or covenants , shall not exceed seventy-five years. (3) A lease or any renewed lease under this section shall reserve an annual or other periodical rent to be paid by the lessee to the Minister. Such rent shall be in addition to and not in substitution for any dues, charges or other sums whatsoever payable by the lessee under or pursuant to this Act to any Harbour Board. (4) Upon default by the lessee in payment of any rent payable under a lease or renewed lease under this section, or upon a breach by the lessee of any term or condition of the lease or renewed lease, the Minister may forfeit the lease, or renewed lease, together with the harbour works thereon. 7. Amendment of s. 98 (2). Subsection (2) of section ninety-eight of the Principal Act is amended by repealing paragraph (ix) and inserting in its stead the following paragraph:- (ix) Fix a scale of charges for the use of tugs, other vessels, tackle, equipment, and appliances, and for services, provided by it, or in pursuance of any arrangements (which arrangements it is hereby empowered to make) made by it with any person (including a Fire Brigade Board constituted under and for the purposes of " The Fire Brigades Acts, 1964 to 1966 "), in extinguishing or controlling fires in vessels or in the vicinity of wharves and other harbour works." 8. Amendment of s. 110. Section one hundred and ten of the Principal Act is amended by adding the following subsection:- " (3) (a) The Trustees (in this subsection called " the Trustees ") provided for and appointed pursuant to the regulations made under paragraph (vi) of subsection (2) of this section shall be and shall be deemed to have always been a body corporate with the name of " Trustees of the Harbour Boards Debt Redemption Fund ". (b) The Trustees may establish one common investment account (in this subsection called " Common Investment Account ") in respect of all moneys borrowed for which a sinking fund is, or was prior to the passing of" The Harbours Acts Amendment Act of 1968," created in terms of the regulations made under paragraph (vi) of subsection (2) of this section. (c) The Common Investment Account shall be credited with all receipts in the form of contributions required to be made by borrowers, all income arising from investment of such contributions and the proceeds of the sale, redemption and maturity of investments, and the investment

72 Harbours Acts Amendment Act of 1968, No. 10 and income arising therefrom of all contributions of all remaining existing funds established prior to the passing of " The Harbours Acts Amendment Act of 1968." (d) At the date of the passing of " The Harbours Acts Amendment Act of 1968 ," the contributions already received on account of existing sinking funds together with income received and accrued to that date shall be recorded as such in each relevant sinking fund. (e) The provisions of this subsection shall have application to every Order in Council made under this Act before the passing of " The Harbours Acts Amendment Act of 1968," whereunder a Harbour Board was authorised to borrow money by the sale of debentures or inscribed stock and the terms and conditions for the redemption of the loan were declared to be by payments to the Trustees." 9. Amendment of s. 114 (3). Subsection (3) of section one hundred and fourteen of the Principal Act is amended by omitting paragraph (b) and inserting in its stead the following paragraph:- (b) Notwithstanding anything in the foregoing provisions of this section an Advance Bank Account kept under the imprest system may be authorised by the Board but the limit thereof shall be approved by the Auditor-General. Subject to the provisions of this paragraph, such advance account may be used for- (i) payments of salaries and wages; (ii) disbursements of deductions from pay sheets; (iii) payments to Government Departments authorised by Statute; (iv) payments for interest and redemption on account of loans in accordance with the conditions thereof: (v) payments, in order to take advantage of discount allowances, on account of works already approved by the Board in respect of- (a) the operation and maintenance of machinery, plant and equipment; (b) supplies necessary for the carrying out of works; and (vi) any other payment the use of such account for which is approved by the Auditor-General. The Board may during any financial year advance moneys to the Advance Bank Account from the Harbour Fund but any moneys held in such account at the close of such financial year shall be repaid to the Harbour Fund. All cheques drawn on the Advance Bank Account shall be signed by the Secretary and by another officer of the Board thereunto authorised by it. Disbursements from the Advance Bank Account shall, according to the purposes to which they were respectively applied, be recouped from the Harbour Fund, the Trust Fund or the Loan Fund immediately after each meeting of the Board and before the close of each financial year Disbursements made from that Account in any financial year shall not be carried forward to the following financial year but shall be recouped in the financial year in which such disbursements were made."

Harbours Acts Amendment Act of 1968, No. 10 73 10. New s. 136A inserted. The Principal Act is amended by inserting after section one hundred and thirty-six the following section:- [136A.] Agreements for payments in lieu of harbour dues, etc. (1) Subject to this section and notwithstanding any other provisions of this Act, a Harbour Board may, with the approval of the Governor in Council by Order in Council, enter into an agreement with any person engaged or about to engage in a major development of significance to the harbour, providing for payments to be made to the Harbour Board in question in satisfaction of any or all harbour dues of various kinds, charges and other sums which, except for such agreement, would be payable to the Harbour Board in question pursuant to the provisions of this Act. (2) An agreement under this section may be for a term not exceeding seventy-five years. The agreement may provide for its renewal upon terms and conditions specified therein if its renewal is required by the party thereto other than the Harbour Board before the expiration by of fluxion of time or sooner determination of the agreement. Such provision for renewal may provide for the insertion in any renewed agreement of such a provision for the renewal thereof. The aggregate of the terms of the original agreement and of any agreement or agreements made by way of renewal or further renewal thereof pursuant to any such provision or provisions in that behalf, shall not exceed seventy-five years. (3) An agreement under this section may be varied by agreement between the parties thereto with the approval of the Governor in Council by Order in Council, and no provision of such an agreement shall be varied except in such manner. Any purported variation of an agreement under this section not made and approved in such manner shall be void and of no legal effect whatsoever. (4) (a) The Governor in Council may make any Order in Council provided for in this section. (h) Every such Order in Council, accompanied by a copy of the agreement under this section or the agreement varying the agreement under this section approved by such Order in Council, shall be laid before the Legislative Assembly within fourteen sitting days after it has been made if the Legislative Assembly is then in session and, if not, then within fourteen sitting days after the commencement of the next session. (c) If any such Order in Council is not laid before the Legislative Assembly as prescribed by paragraph (b) of this subsection the agreement thereby approved shall be void and of no legal effect whatsoever. (d) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council has been laid before it disallowing the same, that Order in Council shall have no effect and the agreement under this section or, as the case may be, the agreement varying an agreement under this section purporting to have been approved by that Order in Council shall be and he deemed to have always been void and of no legal effect whatsoever.

74 Harbours Acts Amendment Act of 1968, No. 10 (5) An agreement under this section or an agreement varying an agreement under this section shall become and be of legal effect and shall become and be binding on the Harbour Board and the person who are the parties thereto and on all other persons concerned- (a) if notice of intention to move a resolution disallowing the Order in Council approving that agreement has not been given at a time within fourteen sitting days after such Order in Council has been laid before the Legislative Assembly,. then on and from the day next following the expiration of those fourteen sitting days; or (b) if, the notice of intention mentioned in paragraph (a) of this subsection having been duly given, the Legislative Assembly by its vote on the motion negatives the resolution disallowing the Order in Council approving that agreement, then on and from the day next following the sitting day on which the Legislative Assembly so voted. No agreement under this section or agreement varying an agreement under this section shall have any legal effect whatsoever at any time before the date of the day on and from which that agreement becomes and is of legal effect by virtue of the provisions of this subsection." 11. Execution of Agreement authorised . The Treasurer of the State of Queensland for and on behalf of the said State and The Gladstone Harbour Board are, and it is hereby declared always were, hereby respectively authorised to make with Queensland Alumina Limited a company duly incorporated and registered in the said State the Agreement a copy of which is set out in the First Schedule to this Act (which Agreement is herein referred to as the "Agreement "). 12. Execution of Lease authorised . The Treasurer of the State of Queensland for and on behalf of the said State is, and it is hereby declared always was, hereby authorised to make with Queensland Alumina Limited a company duly incorporated and registered in the said State the Lease a copy of which is set out in the Second Schedule to this Act (which Lease is herein referred to as the " Lease "). 13. Ratification and approval . The Agreement and the Lease respectively are hereby approved and ratified. 14. Variation of Agreement or Lease. The Agreement or the Lease respectively may be varied by agreement between the parties thereto with the approval of the Governor in Council by Order in Council but, except as so agreed and approved, no provision of the Agreement or Lease shall be varied nor shall the powers and rights of the said company under the Agreement or, as the case may be. Lease be derogated from except in such manner. Any purported variation of the Agreement or Lease not made and approved as prescribed by this section shall be void and of no legal effect whatsoever. The Governor in Council may make any Order in Council provided for in this section, and may revoke or amend any such Order in Council by another Order in Council which is not inconsistent with the Agreement or, as the case may be, Lease.

Harbours Acts Amendment Act of 1968, No. 10 75 FIRST SCHEDULE [s. 11] THIS AGREEMENT is made this sixth day of October, One thousand nine hundred and sixty-seven to take effect as and from the first day of September One thousand nine hundred and sixty-seven Between THE GLADSTONE HARBOUR BOARD constituted under and pursuant to "The Harbours Acts, 1955 to 1966 " (hereinafter called " the Vendor ") of the first part QUEENSLAND ALUMINA LIMITED a Company incorporated and registered in the State of Queensland and having its registered office at Eighth Floor, Perry House, 131 Elizabeth Street, Brisbane (hereinafter called " the Purchaser ") of the second part and THE STATE OF QUEENSLAND (hereinafter called " the State ") of the third part WHEREAS- (a) the State undertook to provide certain facilities complementary to the erection of a plant for the processing of bauxite by the Purchaser at Gladstone in the State of Queensland which facilities included a wharf at South Trees Island Gladstone (more particularly described in the Schedule hereto and hereinafter referred to as " the said wharf ") to be erected by the vendor; (b) initially by mutual agreement the Purchaser agreed to provide part of the finance by way of loan to facilitate the erection of the said wharf but subsequently with the consent and knowledge of the State it was agreed by and between the Vendor and the Purchaser that on completion of the said wharf the Vendor would sell and the Purchaser would purchase the same; (c) the State is presently the owner of that part of the land below the high water mark on which is erected the said wharf and does hereby acknowledge that the said wharf is presently the property of the Vendor as sole and absolute owner thereof and further that it has agreed to grant to the Purchaser a lease of the said land below high water mark on which the said wharf is erected for a term of 75 years; (d) by virtue of the initial agreement for provision of finance by the Purchaser the Purchaser has from time to time made advances to the Vendor to meet claims for progress payments made by Contractors with the Vendor for erection of the said wharf and to meet design and supervision costs; (e) the construction of the said wharf is now said by the Vendor to be complete and the said wharf is capable of being sold and transferred to the Purchaser Now THIS AGREEMENT WITNESSETH:- I. To the intent that the Purchaser shall subject to the provisions of this Agreement become and be the sole and absolute owner thereof the Vendor does hereby transfer set over and assign to the Purchaser the said wharf together with all its proprietary and contractual rights in or in relation to the said wharf including but without prejudice to the generality of the foregoing the rights of the Vendor under any Contract or Contracts entered into by the Vendor for the erection of the said wharf.

76 Harbours Acts Amendment Act of 1968, No. 10 2. The consideration payable by the Purchaser to the Vendor pursuant to this Agreement shall be:- (a) the total amounts already paid by the Vendor pursuant to the Contract or Contracts for erection of the said wharf together with any further amounts properly or lawfully payable by the Vendor pursuant to such Contract or Contracts; and (b) the supervision and design fees. For the purposes of this subclause the supervision and design fees shall be deemed to be:- (i) five per centum of the amount payable under subclause 2 (a) hereof; and (ii) the sum of Fifteen thousand dollars ($15,000); and (iii) all wages and allowances paid to resident inspectors in connection with the work under the said Contract or Contracts; and (iv) the expenses of the Chairman and Engineer-Manager of the Vendor in respect of their attendances at all Co-ordination Committee meetings; and (v) the cost of testing of gravel and concrete cylinders; and (vi) costs of necessary repairs to the Vendor's plant used in the testing of relevant gravel and concrete cylinders; and (vii) items of the Vendor's stock used in connection with the said Contract or Contracts; and (viii) the cost of boring at Wharf Site prior to commencement of work; and (ix) all further necessary expenses properly incurred by the Vendor pursuant to or in connection with the work envisaged under the said Contract or Contracts and not provided for under subclause 2 (a) hereof. 3. The Vendor agrees to furnish to the Purchaser full and detailed statements of the amount or amounts claimed by the Vendor under clause 2 hereof and to make available for the inspection of the Purchaser such documentation in support of the claim or claims as the Purchaser may reasonably request. 4. In the event of the Vendor and Purchaser failing to agree upon the amounts payable under clause 2 hereof a Certificate by the Auditor- General for the State of Queensland as to the amount payable shall be accepted by the parties as conclusive and binding. 5. The Vendor acknowledges receipt of the advances referred to in recital (d) of the preamble hereto and agrees that such amounts shall be applied towards payment of the consideration payable under clause 2 hereof. 6. The Vendor warrants that it has supervised the erection of the said wharf and that the said wharf has been erected to the standards and in accordance with the plans and specifications contained in the Contract or Contracts entered into by the Vendor for the erection of the said wharf excepting where variations have been duly authorised by the Engineer in terms of the said Contract or Contracts. 7. It is agreed and declared by each and every the parties hereto that on the expiration or sooner determination of the lease of the land on which the said wharf stands or any renewal thereof the Purchaser may at its option sever and remove the said wharf and any other improvements constructed or, the leased land.

Harbours Acts Amendment Act of 1968, No. 10 77 8. The Purchaser shall pay to the Vendor all reasonable costs of survey and all reasonable legal costs properly and necessarily incurred by it or in connection with this Agreement. 9. This Agreement so far as it relates to the granting of a lease as set forth in recital (c) of the preamble hereto is made subject to the approval and ratification by the Parliament of the State of Queensland to be expressed in an Act to be passed during a sittings of Parliament to be held following the execution hereof. SCHEDULE The wharf constructed by the Vendor at South Trees Island Gladstone in accordance with plans deposited with the Marine Board of Queensland and approved by Executive Minute dated the 24th February, 1966. IN WITNESS WHEREOF these presents have duly been executed by or on behalf of the parties the day and year first abovementioned. THE COMMON SEAL of THE GLADSTONE HARBOUR BOARD was hereunto affixed in pursuance of a Resolution of the Board and in the presence and under the hands Of WILLIAM ROBERT GOLDING, Chairman and MARK FENTON, a Member in the presence of-KENNETH JOHN LEE, Secretary W. R. GOLDING, Chairman. M. FENTON, Member. SIGNED by QUEENSLAND ALUMINA LIMITED by ELBERT HAROLD SANGWINE its duly authorised Attorney in the E. H. SANGWINE. presence of-F. J. WINKLE, A Justice of the Peace. SIGNED by GORDON WILLIAM WESLEY CHALK, the Treasurer of the State of Queensland for and on behalf of the said State in the presence of-G. D. LEE, J.P. GORDON W. CHALK. SECOND SCHEDULE [s. 12] THE HONOURABLE GORDON WILLIAM WESLEY CHALK, THE TREASURER OF QUEENSLAND, FOR AND ON BEHALF OF THE STATE OF QUEENSLAND (hereinafter with his successors in office called " the Minister ") DOTH HEREBY LEASE to QUEENSLAND ALUMINA LIMITED a Company incorporated in the State of Queensland and having its registered office at 8th Floor, Perry House, corner Elizabeth and Albert Streets, Brisbane in the said State (hereinafter with its successors and assigns called " the Lessee") the Crown land described in the Schedule hereto subject to the following covenants, conditions and restrictions:- The Minister and the Lessee hereby mutually covenant and agree that:- (I) The term of the lease shall be seventy-five (75) years from the first day of September One thousand nine hundred and sixty-seven.

78 Harbours Acts Amendment Act of 1968, No. 10 (2) The rental for the whole period of the said term shall be at the rate of Six dollars (S6) per annum and shall be paid yearly in advance the first of such payments to be made on the first day of September One thousand nine hundred and sixty-seven to the Minister at Brisbane. (3) The leased land shall be used and continue to be used during the said term solely for the purpose of providing wharfage for berthing of ships discharging or loading goods associated with the activities of the Lessee and for activities associated with such operations including bunkering watering and victualling or for such similar purposes as may be- approved from time to time by the Minister. (4) The Lessee shall at the sole cost and expense of the Lessee at all times during the said term and to the satisfaction of the Minister maintain in good order and condition the wharf and any other improvements constructed or to be constructed on the leased land provided however that the Minister shall not exercise his rights under this clause unnecessarily or arbitrarily. (5) On the expiration or sooner determination of the said term or any renewal thereof the Lessee may at its option either sever and remove the said wharf and improvements or sell them whether to the Minister or otherwise upon such terms and conditions as the Minister shall in writing approve provided however that such approval shall not be unreasonably withheld in the case of a proposed sale to a financially responsible purchaser and in particular to a sale to an associate company of the Lessee. (6) The Lessee shall before making or causing to be made any material extension to or material alteration of the wharf on the leased land submit plans of such extension or alteration to the Minister and obtain his written consent thereto which consent shall not be unreasonably or arbitrarily withheld. (7) The lessee shall at all times permit officers of the Commonwealth and State Governments to have the right of free and unrestricted access to from and across the leased land for the purpose of erecting and maintaining navigation marks on the leased land or on any structures thereon or for any purpose connected with the performance of the public duty of any of such officers. (8) The Lessee shall permit the Minister his servants or agents at all reasonable times to enter upon the leased land and to view the state of repair and condition of the wharf and other improvements erected thereon and to give to the Lessee a notice in writing requiring the Lessee to make good within a reasonable time to be specified in such notice any want of order and condition then found and the Lessee shall make good any such want of order and condition within the time so specified in any such notice. (9) The Lessee shall comply with the provisions of " The Harbours Acts, 1955 to 1966," " The Queensland Marine Acts, 1958 to 1967." and " The Pollution of Water by Oil Acts, 1960 to 1961," and any other Act or Acts in substitution' therefor or in amendment thereof and with all regulations by-laws and other provisions made thereunder and on the Lessee's part to be complied with.

Harbours Acts Amendment Act of 1968, No. 10 79 (10) The Lessee shall also at its sole cost and expense comply with any Statute Ordinance By-law Regulation or Rule for the time being in force in the Town of Gladstone and the area of jurisdiction of the Gladstone Harbour Board affecting the leased ]and or any structures erected thereon and on the Lessee's part to be complied with. (11) The Lessee shall not carry on or permit to be carried on upon any structure on the leased land or on any part or parts thereof any offensive noxious or noisome occupation calling trade or business: PROVIDED ALWAYS that the proper exercising and carrying on by the Lessee of the Lessee's usual and lawful trade or business shall not for the purpose of this clause be considered as the carrying on of an offensive noxious or noisome occupation calling trade or business. (12) The Lessee shall indemnify and hereby indemnifies the Minister his agents and servants from and against all actions losses damages costs and expenses which the Minister his agents or servants may sustain be put to or be called upon to pay to any corporation company firm or person by reason of or on account of any failure or neglect on the part of the Lessee to observe perform or fulfil any of the covenants conditions and restrictions herein contained or implied on the part of the Lessee to be observed performed or fulfilled. (13) Any notices requiring to be served hereunder shall be sufficiently served on the Lessee if posted addressed to the Lessee or left at the registered office of the Lessee at Brisbane aforesaid and shall be sufficiently served on the Minister if sent to the office of the Minister at Brisbane addressed to the Minister. A notice sent by post shall be deemed to have been given at the time when in due course of post it would be delivered at the address to which it is sent. (14) The Lessee duly paying the rent hereby reserved and observing performing and fulfilling the several covenants conditions and restrictions herein contained or implied and on the part of the Lessee to be observed performed and fulfilled shall peacefully hold and enjoy the leased land during the said term without any interruption by the Minister or any person rightfully claiming under or in trust for the Minister. (15) In case the rent payable hereunder or any part thereof shall be unpaid on any day on which such rent ought to be paid and shall remain unpaid for fourteen days after formal demand by the Minister therefor has been made or if any breach or non-observance non-performance or non-fulfilment by the Lessee of any of the covenants agreements and restrictions herein contained or hereby or by any law implied and on the Lessee's part to be observed performed and fulfilled has riot been remedied by the Lessee within fourteen days after the Minister has requested the Lessee to remedy it or if the Lessee shall be wound up or have an effective resolution passed for winding up (not being in either case a winding up for the purposes of amalgamation or reconstruction) then and in any such rase and without prejudice to any remedy which may accrue or may have accrued to the Minister and notwithstanding the Minister may have previously refused or neglected to take advantage of a breach or breaches of' a like nature it shall bey lawful for the Minister forthwith or at any time thereafter and without any further notice or suit to enter upon any part of the leased land in the name of the whole and to determine the tenancy hereby created and both as Minister and as agent and attorney for the Lessee to execute a surrender of this agreement.

80 Harbours Acts Amendment Act of 1968, No. 10 (16) The costs of and incidental to the preparation completion stamping and registration of these presents shall be borne by the Lessee. (17) This lease is given subject to the approval and ratification by the Parliament of the State of Queensland to be expressed in an Act to be passed during a sittings of Parliament to be held following the execution hereof. If such Act is not so passed this lease shall not operate and neither the Minister nor the Lessee shall have any claim against the other with respect to anything arising therefrom. Part A THE SCHEDULE METES AND BOUNDS Commencing at a point 101° 53' for 9.97 links from the Northern corner (stn. No. 25 Plan Ctn. 1063) of portion 51, parish of South Trees, county of Clinton, thence bounded on the West by a line bearing I I ' 53' for 120.8 links, thence by a line bearing 281 ^ 53' for 56.00 links, thence by a line bearing 252° 23' for 819.80 links, thence by a line bearing 216° 03' for 268.70 links, thence by a line bearing 162° 23' for 0.30 links, thence by a line bearing 207° 23' for 16 links, thence by a line bearing 252° 23' for 16 links, thence by a line bearing 29T 23' for 16 links, thence by a line bearing 342' 23' for 16 links, thence by a line bearing 27 23' for 16 links, thence by a line bearing 72" 23' for 16 links, thence by a line bearing 117° 23' for 16 links, thence by a line bearing 162" 23' for 3.46 links, thence by a line bearing 36' 03' for 258.6 links, thence by a line bearing 342" 23' for 54.90 links, thence by a line bearing 252" 23' for 9.70 links, thence by a line bearing 342 23' for 18.70 links, thence bounded on the North by a line bearing 72 23' For 1993.75 links, thence bounded on the East by a line hearing 162' 23' for 18.70 links, thence by a line bearing 252' 23' for 9.70 links, thence by a line bearing 162 23' for 40.65 links, thence by a line bearing 116" 53' for 7.85 links, thence by a line bearing 162° 23' for 1287 links, thence by a line hearing 108 43' for 249.30 links, thence by a line bearing 342 23' for 3.46 links, thence by a line bearing 27' 23' for 16 links, thence by a line bearing 72 23' for 16 links, thence by a line bearing 1 IT 23' for 16 links, thence by a line bearing 162° 23' for 16 links, thence by a line bearing 207 23' for 16 links and thence bounded on the South by a line bearing 252' 23' for 16 links, thence by a line bearing 297' 23' for 16 links, thence by a line bearing 342° 23' for 0.30 links, thence by a line bearing 288 43' for 21250 links, thence by a line bearing 252" 23' for 1013.10 links, thence by a line bearing 217° 30' for 85.70 links, thence by a line bearing 191 53' for 98 , 80 links, thence by a line bearing 281 53' for 69.25 links to the point of commencement, containing all in all an area of 2 acres 0 roods 19.6 perches.

Harbours Acts Amendment Act of 1968. ;\ro. 10 81 Part B Such additional area to that described in Part A of the Schedule as is contained within an area between the bounds thereof and lines 20 feet outside and parallel to such bounds save and except such bounds which bear 72` 23' for 1993.75 links and 281- 53' for 6925 links, containing approximately 3 roods 36.4 perches. The Lessee hereby accepts this Lease of the leased land to be held by it as Tenant subject to the covenants conditions and restrictions above set forth. IN WITNESS WHEREOF the parties hereto have executed these presents this fourth day of October One thousand nine hundred and sixty-seven. SIGNED by THE HONOURABLE GORDON WILLIAM WESLEY CHALK the Treasurer of the State of Queensland for and on GORDON W. CHALK. behalf of the said State in the presence of-G. D. Lee, J.P. SIGNED by QUEENSLAND ALUMINA LIMITED by ELBE.RT HAROLD SANGWINE. its duly ^ E. H. SANGWINE. authorised Attorney in the presence of- F. J. WINKLE. J.P.. A Justice of the Peace J