Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996 (Qld)

Queensland LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT ACT 1996 Act No. 15 of 1996

LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) AMENDMENT ACT 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3A Rezoning of land for first amending agreement . . . . . . . . . . . . . . . . 6 6 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Notice of making of amending agreements . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 5 (Status of planning agreement) . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 6 (Amendment of planning agreement) . . . . . . . . . . . . . . 7 9 Replacement of s 9 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Insertion of new s 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Savings and transitionals for use rights and approvals . . . . . . . . . . . 8 11 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 9 ROBINA CENTRAL PLANNING AGREEMENTAMENDMENT AGREEMENT

Queensland Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996 Act No. 15 of 1996 An Act to amend the LocalGovernment(RobinaTownCentrePlanning Agreement) Act 1992 [Assented to 23 May 1996]

s1 4 Local Government (Robina Town Centre Planning Agreement) Amendment The Parliament of Queensland enacts— s4 No. 15, 1996 ˙ Short title 1. This Act may be cited as the Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996 . ˙ Act amended 2. This Act amends the LocalGovernment(RobinaTownCentrePlanning Agreement) Act 1992 . ˙ Amendment of s 1 (Short title) 3. Section 1, ‘ Town Centre ’— omit, insert— ‘ Central ’. ˙ Amendment of s 2 (Definitions) 4.(1) Section 2, definitions “planning agreement” and “site” — omit. (2) Section 2— insert— ‘ “amending Act” means the Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996 . “drawing no. 8951 B” means the zoning plan— (a) identified as drawing no. 8951 B and held at the office of the Council of the City of Gold Coast; 1 and 1 The plan may be inspected at the office of the Council of the City of Gold Coast by members of the public during office hours on business days.

s4 5 s4 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (b) reproduced in the planning agreement, first schedule in a modified form. “first amending agreement” means an agreement in the form of the agreement set out in schedule 2 and made by the parties named in the agreement. “further agreement” means an amending agreement, made by the parties named in it, the proposed form of which was approved under a regulation. “modified planning scheme” means the planning scheme applying to the site under section 5. “1995 planning scheme” means the scheme that, for the LocalGovernment (Planning and Environment) Act 1990 , was the planning scheme for the former Shire of Albert immediately before the commencement of the amending Act. “planning agreement” means— (a) the Robina Town Centre Planning Agreement; and (b) if the agreement is amended by the first amending agreement or a further agreement—the agreement as so amended. “Robina” means Robina Land Corporation Pty Ltd ACN 010 159 387. “Robina Properties” means Robina Properties Pty Ltd ACN 010 147 038. “Robina Town Centre Planning Agreement” means the agreement made between Robina, Robina Properties and the Council of the Shire of Albert on 18 September 1992, a copy of which is set out in schedule 1 (other than drawing no. 8951 B). “site” means— (a) before the making of the first amending agreement—the land described in the planning agreement, first schedule, parts 1 and 2; and (b) from the making of the first amending agreement—the land described in the planning agreement, first schedule, parts 1 (other than the land described in part 8), 2, 7 (section 2) and 10.’.

s5 6 s5 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 ˙ Insertion of new s 3A 5. After section 3— insert— ˙ ‘ Rezoning of land for first amending agreement ‘ 3A.(1) This section applies despite section 3 and only when the first amending agreement is made. ‘ (2) Category A land is excluded from its zoning, mentioned in column 2 for the land, under the 1995 planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land. ‘ (3) Category B land is excluded from its zoning, mentioned in column 2 for the land, under the existing planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land. ‘ (4) Category C land is excluded from its zoning, mentioned in column 2 for the land, under the existing planning scheme, and included, for the 1995 planning scheme, in the zone mentioned in column 3 for the land. ‘ (5) Category D land is excluded from its zoning, mentioned in column 2 for the land, under the modified planning scheme, and included, for the modified planning scheme, in the zone mentioned in column 3 for the land. ‘ (6) In this section— “category A land” means the land described in the planning agreement, first schedule, parts 7 (section 2) and 10, column 1. “category B land” means the land described in the planning agreement, first schedule, parts 7 (section 1) and 9 (items 3 and 8), column 1. “category C land” means the land described in the planning agreement, first schedule, part 8, column 1. “category D land” means the land described in the planning agreement, first schedule, part 9 (other than items 3 and 8), column 1. “column” means a column shown in the planning agreement, first schedule, parts 7 to 10. “item” , for land described in the planning agreement, first schedule, parts 7 to 10, means the provision relating to the land having regard to the order in which the provision occurs.’.

s6 7 s9 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 ˙ Insertion of new s 4A 6 . After section 4— insert— ˙ ‘ Notice of making of amending agreements ‘ 4A. The Council of the City of Gold Coast must, by gazette notice, notify the day of the making of the first amending agreement and any further agreement.’. ˙ Amendment of s 5 (Status of planning agreement) 7. Section 5(3)(b)— omit, insert— ‘(b) a local law of the Council of the City of Gold Coast (whether made before or after the commencement of the amending Act); or’. ˙ Amendment of s 6 (Amendment of planning agreement) 8.(1) Section 6(1)— omit. (2) Section 6(2), ‘to be submitted to the Governor in Council’— omit. ˙ Replacement of s 9 (Regulations) 9. Section 9— omit, inset— ˙ ‘ Regulation-making power ‘ 9. The Governor in Council may make regulations under this Act.’.

s 10 8 s 10 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 ˙ Insertion of new s 10 10 . After section 9— insert— ˙ ‘ Savings and transitionals for use rights and approvals ‘ 10.(1) This section applies only when the first amending agreement is made. ‘ (2) Any purpose for which premises in the saved site are being lawfully used immediately before the making of the first amending agreement is taken to be a lawful use of the premises under the modified planning scheme. ‘ (3) Despite the making of the first amending agreement, the planning agreement as in force before the making continues to apply to each final development approval granted, for land in the saved site, by a local government before the making. ‘ (4) Each approval (other than a final development approval), consent, permission or notification of conditions granted, for land in the saved site, by a local government before the making of the first amending agreement continues to have effect as if it were granted under the planning agreement after the making. ‘ (5) However, if an approval, consent or permission granted before the making of the first amending agreement (the “original grant” ) and mentioned in subsection (4) is subject to a time constraint, the time constraint must be measured from the day of the original grant. ‘ (6) A consent mentioned in subsection (4) does not lapse under the Local Government (Planning and Environment) Act 1990 , section 4.13(18) until 4 years after the making of the first amending agreement. ‘ (7) In this section— “saved site” means the land contained in the site before the making of the first amending agreement, other than the land described in proposed part 8 set out in clause 2.1.7(b) of the form of agreement in schedule 2.

s 11 9 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 ˙ Insertion of new sch 2 11. After the schedule— insert— ‘ ¡ SCHEDULE 2 section 2 ‘ ROBINA CENTRAL PLANNING AGREEMENT AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT is made the day of 1996 BETWEEN PARTIES ROBINA LAND CORPORATION PTY. LTD. ACN 010 159 387 a company incorporated in the State of Queensland and having its registered office at 34 Glenferrie Drive Robina in the State of Queensland (in this Amendment Agreement called “Robina”) AND ROBINA PROPERTIES PTY. LTD. ACN 010 147 038 a company incorporated in the State of Queensland and having its registered office at 34 Glenferrie Drive Robina in the State of Queensland (in this Amendment Agreement called “Robina Properties”) AND COUNCIL OF THE CITY OF GOLD COAST of Nerang-Southport Road Nerang in the State of Queensland (in this Amendment Agreement called “the Council”)

s 11 10 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 RECITALS 1. WHEREAS:— 1.1 Robina, Robina Properties and the Council (formerly the Albert Shire Council) entered into the Robina Central Planning Agreement on 18 September 1992. 1.2 The Robina Central Planning Agreement was given the force of law by the LocalGovernment(RobinaCentralPlanningAgreement) Act 1992. 1.3 The Local Government (Robina Central Planning Agreement) Act 1992 provided for the Robina Central Planning Agreement to be amended by a further agreement approved by the Governor in Council by regulation. 1.4 Robina, Robina Properties and the Council have agreed to amend the Robina Central Planning Agreement as provided by this Amendment Agreement and to undertake the lawful procedures and actions necessary to seek the approval of the Amendment Agreement by the Governor in Council by regulation as provided by the Act and the Local Government(Robina Central Planning Agreement) Act 1992. 1.5 Robina, Robina Properties and Council entered into an Amendment Agreement dated 21 March 1996 and Council sought the approval of that Amendment Agreement by the Governor in Council by regulation as required and the Department of Local Government & Planning on behalf of the State of Queensland has requested amendments to the Amendment Agreement to implement proposed changes to the area of the site and the zoning of some land. 1.6 It was the intention of the parties that the Amendment Agreement dated the 21st March 1996 was not to be effective unless it was approved by the Governor in Council by regulation made under the Local Government (Robina TownCentre Planning Agreement) Act 1992. 1.7 Robina, Robina Properties and Council will execute this

s 11 11 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Amendment Agreement after the commencement of the Local Government (Robina Town Centre Planning Agreement) Amendment Act 1996. 2. The parties now enter into this Amendment Agreement and undertake and agree as follows:— 2.1 The parties agree that the Robina Central Planning Agreement be amended as follows:— 2.1.1 Clause 1:— by deleting the First Schedule and inserting the following:— “THE FIRST SCHEDULE Part 1 Description of the subject land Part 2 Description of the Kerrydale Land Part 3 Present Zone Part 4 Proposed Zone Part 5 Description of Robina Town Centre Core Part 6 Drawing 8951B Part 7 Railway land Part 8 Exclusion land Part 9 Development adjustment land Part 10 Adjustment land Part 11 Drawing RC-NZD-01—combined site and zonings” by adding after the words “Part 2 Planning Intentions” the words “and Implementation”. 2.1.2 by deleting the words “Kerrydale Land” wherever they appear

s 11 12 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 and substituting in their place the words “the Northern Frame”. 2.1.3 by deleting the words “Robina Town Centre” wherever they appear (except when used in the phrase “Robina Town Centre Core”) and substituting in their place the words “Robina Central”. 2.1.4 by deleting the words “Shire of Albert” wherever they appear and substituting in their place the words “Council of the City of Gold Coast”. 2.1.5 Clause 2 by inserting after recital 2.11 the following recitals:— “2.12 To facilitate the location of the railway to the Gold Coast certain land dealings are proposed between the © State of Queensland and Robina. These require that so much of the railway land which is not presently part of this Agreement being the land described in Section 2 of Part 7 of the First Schedule be subject to this Agreement and further that so much of the railway land which is not in the Special Business Zone being that land described in Column 1 of Section 1 and 2 of Part 7 of the First Schedule be excluded from its existing zones as shown in Column 2 of Section 1 and 2 of Part 7 of the First Schedule and included in the zone shown in Column 3 of Part 7 of the First Schedule. 2.13 As part of these land dealings the land described in Part 8 is excluded from the operation of this Agreement and is excluded from the zone shown in Column 2 of Part 8 in the First Schedule and included in the zone shown in Column 3 of Part 8 of the First Schedule. 2.14 During the course of development of the combined site, boundaries of some allotments which have been created have not coincided with zoning boundaries. In order to rectify this, the Council, Robina and Robina Properties

s 11 13 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 have agreed that:— 2.14.1 the land described in Column 1 of Part 9 of the First Schedule be excluded from the zone in Column 2 of Part 9 of the First Schedule and be included in the zone shown in Column 3 of Part 9 of the First Schedule; and 2.14.2 the land described in Column 1 of Part 10 of the First Schedule be subject to this Agreement and be excluded from the zone shown in Column 2 of Part 10 of the First Schedule and be included in the zone shown in Column 3 of Part 10 of the First Schedule.” 2.1.6 Clause 99 by:— (a) deleting from the definition “access restriction strip” the figure 0.5 and substituting the figure 0.2. (b) deleting the definition “this Agreement” and substituting the following definition:— “this Agreement” means this Agreement and any amendment of this Agreement and includes the schedules, the plans, tables, drawings and documents identified herein. (c) deleting the definition “combined site” and substituting the following definition:— “combined site” means the land described in this Agreement First Schedule Parts 1 (other than the land described in Part 8), 2, 7 (Section 2) and 10 and is depicted on the Drawing in Part 11. (d) deleting the definition “final development approval” and substituting the following definition:— “final development approval” means approval of an application under Section 5 of Part 9 or Section 4 of Part 10 of the Second Schedule. (e) adding the following definitions:—

s 11 14 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 “adjustment land” means the land described in Column 1 of Part 10 of the First Schedule “Development Section” means a Development Section created pursuant to Clause 18D of Part 2 of the Second Schedule “excluded land” means the land described in Column 1 of Part 8 of the First Schedule “Plan of Development” means a Plan of Development prepared pursuant to Clause 18D of Part 2 of the Second Schedule “railway land” means the land described in Column 1 of Sections 1 and 2 of Part 7 of the First Schedule 2.1.7 First Schedule as follows:— (a) by adding before the Plan of the combined site the words “Part 6”; and (b) by adding the following Parts:— PART 7 RAILWAY LAND Section 1 Column 1 Description of Land That part of Lot 883 on RP 892174, part of Lot 201 on RP 815555 and part of Lot 703 on RP 815583 identified as Column 2 Existing Zoning Special Facilities (Golf Course, Hotel, Accommodation Units and Public Open Column 3 New Zoning Special Business

s 11 15 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Parcel A on Brown & Pluthero Drawing No. 11302D, and more particularly described in the metes and bounds description both of which are Document 1/1/5 That part of Lot 703 on RP 815583 identified as Parcel C on Brown & Pluthero Drawing No. 11304D, and more particularly described in the metes and bounds description both of which are Document 1/1/6 Space) Special Facilities (Golf Course, Hotel, Accommodation Units and Public Open Space) Special Business Section 2 Column 1 Description of Land Column 2 Existing Zoning That part of Lot 201 on RP 815555, part of Lot 703 on RP 815553 and part of Lot 822 on RP 226764 identified as Parcel B on Brown & Pluthero Drawing No. 11303D, and more particularly described in the metes and bounds description both of which are Document 1/1/7 Rural Column 3 New Zoning Special Business

s 11 16 Local Government (Robina Town Centre Planning Agreement) Amendment That part of Lot 822 on RP 226764 identified as Parcel D on Brown & Pluthero Drawing No. 11305D, and more particularly described in the metes and bounds description both of which are Document 1/1/8 Rural s 11 No. 15, 1996 Special Business PART 8 EXCLUDED LAND Column 1 Description of Land Column 2 Existing Zoning That part of Lot 852 on RP 226788 identified as Parcel E on Brown & Pluthero Drawing No. 11344D, and more particularly described in the metes and bounds description both of which are Document 1/1/9 Special Business Column 3 New Zoning Rural PART 9 DEVELOPMENT ADJUSTMENT LAND Column 1 Description of Land Column 2 Existing Zoning Column 3 New Zoning

s 11 17 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 That part of Lot 894 on RP 892161 identified as Parcel A on Brown & Pluthero Drawing No. 11306D, and more particularly described in the metes and bounds description both of which are Document 1/1/10 That part of Lot 894 on RP 892161 identified as Parcel B on Brown & Pluthero Drawing No. 11307D, and more particularly described in the metes and bounds description both of which are Document 1/1/11 That part of Lot 896 on RP 892162 identified as Parcel I on Brown & Pluthero Drawing No. 11313D, and more particularly described in the metes and bounds description both of which are Document 1/1/12 That part of Lot 896 on RP 892162 identified as Parcel G on Brown & Pluthero Drawing No. 11311D, and more particularly described in the metes and bounds description both of which are Document 1/1/13 That part of Lot 896 on RP 892162 identified as Parcel H on Brown & Pluthero Drawing No. 11312D, and more particularly described in the metes and bounds description both of which are Document 1/1/14 That part of Lot 104 on RP Special Facilities (Robina Town Centre Core) Special Facilities (Robina Town Centre Core) Special Business Special Facilities (Robina Town Centre Core) Special Facilities (Robina Town Centre Core) Special Facilities Special Business Special Business Special Facilities (Robina Town Centre Core) Special Business Special Business Special

s 11 18 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 815556 identified as Parcel E on Brown & Pluthero Drawing No. 11310D, and more particularly described in the metes and bounds description both of which are Document 1/1/15 That part of Lot 895 on RP 892159 identified as Parcel D on Brown & Pluthero Drawing No. 11309D, and more particularly described in the metes and bounds description both of which are Document 1/1/16 That part of Lot 140 on RP 886528 identified as Parcel C on Brown & Pluthero Drawing No. 11308D, and more particularly described in the metes and bounds description both of which are Document 1/1/17 (Robina Town Centre Core) Special Facilities (Robina Town Centre Core) Special Business Business Special Business Special Facilities (Robina Town Centre Core) PART 10 ADJUSTMENT LAND Column 1 Description of Land That part of Lot 104 on RP 815556 identified as Parcel F on Brown & Pluthero Drawing No. Column 2 Existing Zoning Commercial Industry Column 3 New Zoning Special Business

s 11 19 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 11314D, and more particularly described in the metes and bounds description both of which are Document 1/1/18 That part of Lot 895 on RP 892159 identified as Parcel J on Brown & Pluthero Drawing No. 11328D, and more particularly described in the metes and bounds description both of which are Document 1/1/19 That part of Lot 895 on RP 892159 identified as Parcel K on Brown & Pluthero Drawing No. 11327D, and more particularly described in the metes and bounds description both of which are Document 1/1/20 Commercial Industry Commercial Industry Special Business Special Business

s 11 20 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 PART 11 DRAWING RC-NZD-01 – COMBINED SITE & ZONINGS

s 11 21 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 2.1.8 By deleting Part 1 of the Second Schedule and substituting the following:— PART 1 INTRODUCTION Development Background 1 Rezoning Application 1.1 Robina applied to the Council by Rezoning Application No. 2270 dated 10 July 1990 to exclude the subject land from the present zone and include it in the proposed zone. Master Planning 1.2 As discussions and negotiations in relation to that rezoning application proceeded it became apparent that the development proposed by Robina pursuant to the application involved the master planning of a new mixed use community rather than a specific development application and that the existing legislation did not provide an adequate framework within which to implement the proposal. Deficiencies in Existing Legislation 1.3 The reasons why the existing legislation was inadequate may be summarised as follows:— 1.3.1 the inclusion of part of the land in the Special Facilities (Robina Town Centre Core) zone is intended to confer a legal right to use any part of that land for any of the purposes set out in clauses 120 and 121 of Part 9, subject to the Council’s approval of the details of the final development and, in the latter case, subject to obtaining town planning consent; 1.3.2 the land to be included in the Special Business zone may be used for any of the purposes set out in Clauses 151.1 and 151.2 of Part 10 of the

s 11 22 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 Second Schedule subject to the relevant Plan of Development and final development approval or to obtaining the Council’s consent where required; the infrastructure requirements for the development as a whole can be determined with certainty on the basis of maximum equivalent population fixed by prescription of limits on building heights and site coverage for commercial buildings and by prescription of maximum populations for residential buildings; it is nevertheless not possible to determine the proportion or extent that each of the permitted or permissible uses will assume; it is similarly not possible to determine or specify the precise form and sequence of development; the matters referred to in Clauses 1.3.4 and 1.3.5 are capable of description but only in a conceptual way by means of:— 1.3.6.1 statements of planning and Precinct intents describing the proposed development in terms of uses to be undertaken, facilities to be provided, objectives to be achieved and the form, character and intensity of the final development; and 1.3.6.2 concept plans containing illustrations or examples of how the statements of intent might be implemented; part of the land considered to form part of the Robina Central concept, being the Northern Frame land, had already been rezoned and there was no adequate mechanism available to integrate this approval with the rest of the proposal.

s 11 23 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 New Legislation 1.4 Because of these deficiencies in the existing legislation, it was agreed with Council that legislation would be necessary to specifically provide for the planning and development of the Robina Central site. Purposes of the Agreement 2. The purposes of this Agreement are to:— 2.1 describe and promote Robina Central’s overall intent, concepts, form and implementation; 2.2 provide an implementation process to govern the detailed planning, land use, development and landscaping requirements and guidelines for Robina Central on a continuing basis; 2.3 specify with the necessary certainty and enforceability Robina’s obligations in relation to the construction of earthworks, roads and services which cannot be adequately regulated by application of existing legislation to the proposed development; and 2.4 provide a mechanism and a process whereby Robina’s planning obligations in relation to the construction of buildings can be determined, in accordance with specified development requirements and within certain parameters, and subject to a fair and effective dispute resolution process where necessary. Structure of the Second Schedule 3 The Second Schedule of the Planning Agreement contains the development intentions, implementation strategy, construction obligations and development requirements for Robina Central. It is structured as follows:— 3.1 Part 2 covers the regional context of the development, together with the planning intentions and the implementation process for development within Robina Central. This part defines a hierarchy of planning areas as the fundamental implementation mechanism and the basis of development control. It also identifies the need to provide flexibility for the development to meet market and community expectations over the long term,

s 11 24 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 while still ensuring sufficient certainty as to the nature, form and scale of the ultimate development. 3.2 Parts 3, 4, 5, 6 and 7 deal with Robina’s obligations in relation to roads, water supply, sewerage, open space and pathways, and waterways and weirs. This includes details on the extent of works and their timing and the applicable headworks charges and other contributions by Robina. 3.3 Part 8 addresses Robina’s and Council’s obligations in regard to the establishment, leasing and operation of a public library and a community centre within the site. 3.4 Parts 9, 10 and 11 cover the land uses and development requirements and guidelines for the Core, Inner Frame, Southern Frame and the Northern Frame, respectively. These parts also address the requirements for applications in relation to specific development proposals in each of these areas. 3.5 Part 12 deals with a range of general issues associated with the overall development of Robina Central, including public transport, street lighting, earthworks, tree preservation and removal, environmental considerations and reclamation works. 3.6 Part 13 focuses on the obligations of Council in regard to Robina Central, including issues of roads, services, community facilities and commitments to supporting Robina’s broad intentions and objectives for development. Planning of Land Use 4 The planning approach to determine land usage has adopted a hierarchy of planning levels based on the concept of the combined site being divided into four (4) Areas:— — The Northern Frame — The Core — The Inner Frame — The Southern Frame and permits each of those Areas where appropriate to be divided into Precincts. It also provides for each Precinct to be further divided into

s 11 25 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Development Sections. A more detailed explanation and the implementation of this approach is contained in Part 2. Construction of Development 5 Construction of development will usually occur in three stages:— 5.1 the first stage being earthworks when the land is shaped and roads, waterways, parks, etc. are formed; 5.2 the second stage when services such as roads, water supply, sewerage, electricity and telephone are constructed; and 5.3 the third is when construction of buildings occurs. Earthworks Zones and Service Districts 6 Earthworks contracts will usually be undertaken over a larger area than that for which services are to be provided. Accordingly, for ease of administration and understanding, the combined site will be categorised by:— 6.1 “Earthworks Zones” within which earthworks will be carried out in accordance with an approved plan or plans; and 6.2 “Service Districts” within which services will be constructed or provided in accordance with an approved plan or plans. Adoption of Usage and Construction Scheme 7 This Agreement has therefore adopted the following scheme:— Areas (for usage) Earthworks Zones (for earthworks) Precincts (for usage) Service Districts (for services) Development Sections (for usage) which may be shown diagrammatically as follows:—

s 11 26 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 THE COMBINED SITE USAGE CONSTRUCTION AREAS PRECINCTS PRECINCTS DEVELOPMENT SECTIONS EARTHWORKS ZONE SERVICE DISTRICTS SERVICE DISTRICTS Importance of Identifying Zones and Districts 8 Having regard to the foregoing scheme, the proper identification of Earthworks Zones and, more importantly, Service Districts is of fundamental importance from the point of view of development control. The usage to which the combined site may be put is already controlled by the terms of this Agreement and, subject thereto, the precise content and form of the final development are matters for Robina and other parties who ultimately take the benefit of this Agreement or the approval of subsequent applications. Development to be Orderly & Controlled 9 The Council requires that development occur in an orderly and controlled manner and this is to be achieved by requiring Robina to complete, effectively secure and/or effectively co-ordinate the first two stages of construction (earthworks and services) in any given Service District before fragmentation of the landholding in that District is permitted. The provisions of Sections 4 (Bonding, Security & Release of Plans) and 7 (Sale and Transfer of Land) in this Agreement are designed to achieve this result.

s 11 27 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 2.1.9 By deleting Part 2 of the Second Schedule and substituting the following:— PART 2 PLANNING INTENTIONS AND IMPLEMENTATION Intent of Robina Central 10 Robina Central is intended to be developed as a major comprehensively planned Regional Business Centre accommodating the highest order of retailing, business, administration, entertainment, cultural, recreational and community facilities as well as a wide range of housing choices. This will be achieved by maximising the integration of this broad range of land uses in innovative and flexible forms of mixed use development which avoid incompatibility of uses. Regional Context 11 Given its strategic location and the opportunity to comprehensively plan a “green field” site, Robina Central will play a major role in serving central place needs. This relates not just to adjacent districts, but also to the area included in the Gold Coast Statistical District and southern parts of the wider Brisbane to Gold Coast Urban Corridor together with parts of Northern New South Wales, as demonstrated by Plan 2/2/1. As the first major Regional Business Centre to be located inland from the coastal strip, it is well placed to service the needs of the growing hinterland population. Its strategic location at the intersection of major arterial roads with the Pacific Highway and at the terminus of the proposed Brisbane to Robina railway will ensure high levels of accessibility to and from both the local and wider regions. The opportunity this location offers for Robina Central to become a major public transport focus with a transit network radiating from the proposed rail terminus, will enable its development as a major office employment centre for both the public and private sectors as

s 11 28 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 well as a major centre for the provision of government/community services, cultural and recreational facilities. Convenient access to public transport will also benefit the residents of Robina Central. The high employment potential is enhanced by Robina Central’s location close to the Bond University and its Research Park as well as by its attractive water enhanced landscape setting at the edge of the Merrimac regional open space corridor. The continuing development of the Merrimac regional open space corridor for golf and recreation resort facilities, the increasing tourist traffic on the national Pacific Highway and the proximity to both hinterland and coastal tourist and recreation attractions will ensure a major tourism and recreation role for Robina Central for hotel/motel accommodation, shopping and support facilities. In view of these opportunities, it is recognised that Robina Central may in time develop as a major central place anchor for the Brisbane to Gold Coast Urban Corridor as well as one of the major regional business districts for the Gold Coast Statistical District. The possibility of Robina Central becoming the dominant central business district for the region is neither disregarded nor discouraged and the Council recognises that the matters referred to in this section give Robina Central a potential advantage in that regard. The Council, however, views Robina Central as one of the regional business centres in its Strategic Plan. Flexibility for Innovative Development 12 In view of the long term nature of the development being undertaken, it is recognised that a flexible approach will be required in relation to innovative development concepts, standards and practices to take account of technological advances, market variables and changing patterns in our society. Indeed, to ensure the continued vitality of Robina Central, it will be important to keep abreast of the latest developments in all areas affecting its development and operations. This need for flexibility is inherent in the range of Planning Intentions and Implementation Plans that have been or will be prepared in relation to the development of Robina Central.

s 11 29 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Planning Intentions and Implementation 13 The overall vision for development and the broad planning intentions for Robina Central are reflected in the structure plan and master plan. These plans enable a visualisation of the fundamental site layout and the inter-relationships of the broad mixture of land uses proposed. A hierarchy of planning areas has been derived from the structure plan, as the basis for planning implementation and to guide the intensity and form of future development. The whole of the Robina Central area is divided into four land use Areas viz the Core and three Frames (Refer Plan 2/2/4A). These are in turn divided or to be divided into development Precincts each with their own statement of intent covering the desired type, form and intensity of development envisaged. Within these Precincts, Development Sections will be identified as the basis for preparing a Plan of Development for each Development Section that accords with the Precinct intents and contains the final land uses, planning principles and design and siting guidelines to control development. For the purpose of development unity, the major open space and access networks have been determined to integrate the development Precincts and complete the overall development configuration. Finally, the master development plan is the means by which details from each of the above planning instruments will be drawn together to monitor the progress of Robina Central during development and to form a permanent statutory record of approvals and consents. The following diagram summarises the planning intentions and implementation process for Robina Central. It is provided as a means of assisting readers of this Agreement to understand the relationship between the visionary concepts and intentions for the development of Robina Central and the process by which those visions will be translated and implemented into reality, based upon best planning practices, the provisions of this Agreement and need.

s 11 30 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996

s 11 31 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Revisions to Planning Intentions and Implementation Plans 14 Robina may, from time to time, with the approval of Council amend the structure plan, the master plan, the open space and pathway network plan, and the Precinct plans to reflect change, more detailed planning and market expectations. Robina must consult with Council on a proposed revision of a plan and must provide any relevant information in support of its proposed revision as may reasonably be required by Council. In revising a plan Robina must, to the extent possible, take into account Council’s reasonable and relevant requirements. When Robina amends a plan, it must lodge the revised plan with Council which plan will replace and be substituted for the previous plan. Planning Concepts and Intentions—Structure Plan 15 Plan 2/2/2A is the structure plan to guide in general terms the planning and development of Robina Central. It is broadly based on the combined site and contiguous areas that have direct land use interrelationships with the proposed town centre development. The structure plan should not be regarded as defining the final nature or location of specific land uses. Rather, the plan should be viewed as a conceptual framework of transport networks and open spaces, and a distribution of predominant land uses and intensities. It is intended to serve three main purposes:— (a) to express the overall development intent, concepts and strategies; (b) to provide the broad conceptual basis for assessing the suitability of development proposals in a continuing process; and (c) to provide a reference plan for the ultimate development of the site. While elements of the structure plan are fixed with some certainty by other Parts of this Second Schedule, it purposely has inherent flexibility to accommodate land use variations and development needs which cannot be properly foreseen at this time.

s 11 32 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 There is a physical constraint on the ultimate development in that the infrastructure for which this Agreement provides is designed to service an equivalent population of 23,000 persons (more or less) residing or working within Robina Central. The planning for the ultimate development (and for each Area and Precinct) must take this constraint into account. Development which would generate an equivalent population significantly exceeding 23,000 persons is not permitted. Planning Concepts and Intentions—Master Plan 16 Plan 2/2/3A, described as the master plan, is the current development interpretation of the structure plan. The master plan is an illustration of one form of final development which gives effect to the structure plan and planning intents contained in this Part. It is recognised that the proposed rail terminus and South Coast Regional Health Authority development adjacent to the subject land depend upon anticipated State Government commitments in respect of which a final decision is not yet made. Intent of the Land Use Areas 17 The Core and Frame plan Plan No 2/2/4A divides Robina Central into the following four broad land use Areas:— — The Core — The Inner Frame — The Southern Frame — The Northern Frame The planning intent for each of those Areas is as follows:— 17.1 The Core This is the central Area and is intended as the area of highest land use intensity and diversity of retail/commercial floor space, and maximum pedestrian activity. The Core will comprise major regional shopping facilities together with personal and community services, professional offices, restaurants, cultural, civic and recreational facilities, hotel and studio apartments.

s 11 33 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 The Core is focused on an ornamental lake (Waterfront Place) and major town centre plaza which together form a celebration place, accessible to the public 24 hours per day, where the community can come together with a sense of pride and belonging to partake of urban activities such as eating, dining, shopping, promenading and cultural events. 17.2 The Inner Frame The Area surrounding the Core to the north of the Robina Parkway ridge is intended as an intensive, secondary mixed use area containing offices, business premises, residential apartments and dwellings, hotels, cultural, recreational, entertainment facilities, educational establishments and places of worship in close proximity to allow easy pedestrian connections and convenient access by public transport. 17.3 The Southern Frame This Area to the south of the Robina Parkway ridge is intended as a less intensive area for activities requiring easier motor vehicle access such as an automall, showrooms, service trades, service authority facilities, business and office parks as well as for medium density residential development and higher education facilities. The Area forms an important link from the Core and Inner Frame to the Bond University to the south and with its associated Research Park, recreational facilities and high and medium density residential Precincts as well as to the industrial development zones at the Reedy Creek highway interchange and along the Burleigh Connection Road. 17.4 The Northern Frame Covering the predominantly low lying land between the Inner Frame and Mudgeeraba Creek, the Northern Frame will, reflect a different character and the generally lower intensity of development to that of other areas. The

s 11 34 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 emphasis will be on major public and private recreational and open space areas, with a mixture of land uses integrated mainly around the periphery of this extensively landscaped environment. The current approval allows for public open space uses together with golf course, hotel accommodation and a range of residential development types. Core and Frame Areas - Use and Development Control 18 The uses for which land may be developed in each Area and the guidelines for the manner in which development is to be carried out in each Area, despite the provisions of the Town Plan are as follows:— 18.1 the Core—as set out in Part 9; 18.2 the Inner Frame and the Southern Frame—as set out in Part 10. 18.3 the Northern Frame—as set out in Part 11. Creation of Precincts 18A The Core and Frame Areas will each be divided into Precincts accommodating ranges of dominant land uses considered appropriate for those Precincts having regard to the intents for the Area in which the Precincts are created. The Precincts into which each Core and Frame have so far been divided are shown on the Precinct plan Plan 2/2/5. Additional Precincts may be created as more detailed planning of the Core and Frame Areas is advanced. A number of Precincts, including the Rail Interchange, Medical and Gateway West, are presently constrained by existing roads which roads are not included in the relevant Precincts on the Precinct plan. However, as a consequence of the proposed acquisition by Queensland Rail of land for the Robina rail line and transport interchange and Robina’s obligation to construct roads giving access to the transport interchange, it is intended that these roads will be closed, included in appropriate zones in conformity with this Agreement and acquired by Robina. These areas of road will then

s 11 35 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 form part of the Precincts in which they are located and be subject to the relevant planning intentions and provisions of this Agreement. Intent for Development of Each Precinct 18B The intent for development of each Precinct shown on the Precinct plan is as follows:— 18B.1 The Core Precincts The Core area is predominantly covered by the Core retail Precinct, comprising the major retail and mixed uses referred to in Clause 17.1 together with Waterfront Place and a number of peripheral future development sites. It is the dominant Precinct of the Robina Central community structure and will contain the most intensive mixture of land uses. The overall development form will consist of multi-level buildings organised around a structure of outdoor pedestrianised streets stepping up the hillside from Waterfront Place. Major carparking areas, including multi-level structured car parks and on-grade parking, will be strategically placed around the Precinct, with close relationships to the anchor retail facilities and convenient access off the main circuit road. The Core retail Precinct will be characterised by the highest quality architectural and landscape finishes, to create a special identity and pedestrian friendly environment. 18B.2 Inner Frame Precincts 18B.2.1 HIGH SCHOOL PRECINCT This Precinct located along the proposed Mudgeeraba Connection Road will accommodate the new Robina State High School. 18B.2.2 WEST ENTRY PRECINCT West entry Precinct adjacent to the High School is primarily intended for a range of commercial premises accommodated in a grouping of low

s 11 36 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 to medium rise buildings, and may be suitable for Government administration offices. Other convenience uses such as a service station, and catering and business premises complementary to, and integrated with, the predominant commercial development are anticipated. It is further anticipated that emergency services authorities will locate in west entry, given that this location allows rapid access for emergency vehicles to Robina, Mudgeeraba and adjacent districts. 18B.2.3 MEDICAL PRECINCT The medical Precinct is ideally located south of the rail interchange and east of land owned by the South Coast Regional Health Authority. Priority will be given to the development of a range of specialist medical facilities and medical uses associated with development by that Authority. These uses could also extend into nearby mixed use areas. Buildings will be predominantly low to medium rise and developed in context with development by the Authority and development in the rail interchange Precinct. The landscaping will be designed so as to create development unity across these Precincts. 18B.2.4 RAIL INTERCHANGE PRECINCT This Precinct comprises land intended for acquisition by Queensland Rail in conjunction with other adjacent land external to the Robina Central area. It will accommodate the terminus of the new Brisbane to Gold Coast rail line, providing a regional public transport interchange when integrated with the bus network. Associated with the interchange will be a range of convenience shopping,

s 11 37 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 commercial premises and offices developed in medium to high rise buildings, including air rights development over the rail interchange. It is further anticipated that the Precinct will accommodate a regional indoor sports and entertainment centre. This centre will be a large scale development providing architectural emphasis as a landmark building. 18B.2.5 WEST LAKE, EAST LAKE AND PENINSULA PRECINCTS (WATERWAY PRECINCTS) These Precincts are intended for intensive, mixed use development with an urban character which relates strongly to the Core retail Precinct and to their distinctive waterway landscape settings. The anticipated land uses include offices, business premises, hotel accommodation and entertainment facilities, and residential uses either situated above commercial premises or developed solely as residential buildings. Building development is envisaged as being predominantly low to medium rise but with occasional high rise opportunities at appropriate locations. The desirable urban character of these Precincts will be achieved by designing the diverse forms of buildings and landscaping in a way that they combine to create attractive, pedestrian friendly frontages and spaces. This intensive urban development character will be further enhanced by providing the majority of car parking either in basement or in shared multi-level parking structures. 18B.2.6 RIVERWALK PRECINCT Linking south from the lake to the main highway gateway entry, this Precinct is intended

s 11 38 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 as an alternative, linear river-like park setting for mixed use development. A range of development forms and uses that enhance the serpentine river setting will be encouraged, including a broad mixture of commercial, residential, tourist and entertainment uses and restaurants, cafes, religious and cultural facilities. Other potential uses will include banking and personal services, limited shopping facilities, recreational uses, together with carparking facilities, outdoor plazas and parkland. Low to medium rise and occasional high rise development will be permitted in this Precinct with buildings establishing strong axial relationships with the river, including the provision of vistas through/from the lower levels of development. Ample open spaces, landscaped areas and walkways will be provided along the pedestrianised river setting creating an important unifying element for the broad mixture of land uses and building types that will be accommodated. 18B.2.7 GATEWAY EAST AND GATEWAY WEST PRECINCTS (GATEWAY PRECINCTS) These Precincts flank the main road entry to the Core and will offer prime sites on which major office and business developments and possibly medium to high density residential uses can locate with high accessibility and exposure. Buildings may range from low to high rise, provided variations in the height and scale are visually and functionally appropriate. The incorporation of landmark features with building designs enhanced by attractive landscape treatments will be encouraged given

s 11 39 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18B.3 the “gateway” importance of these Precincts. 18B.2.8 PARKWAY SERVICE PRECINCT Located between the Robina Town Centre Core and the main road entry of Robina Parkway, this Precinct is intended to fulfil a complementary role to the Core retail facilities. Whilst it is anticipated that the Precinct will be predominantly developed for a service station, fast food outlets, restaurants and showrooms, compatible uses including commercial premises and various forms of entertainment, catering and service businesses will also be appropriate. A linear combination of low rise building development reflecting an “urban scale” is planned, although considerable variation is envisaged in the architectural design. Facilities that locate in the Parkway Service Precinct will benefit from the high accessibility and exposure to passing traffic offered by this strategic location. Southern Frame Precincts 18B.3.1 AUTOMALL PRECINCT This Precinct is located immediately south of the Robina Parkway, offering excellent visibility and accessibility to the arterial road system of Robina Central. It is intended for development for an automall in which car and marine dealerships and associated uses will be grouped together to achieve the convenience of ‘one stop’ shopping. Development is envisaged as low rise buildings with attractive landscape frontages presented as a unified whole and complemented by carefully controlled identity signage.

s 11 40 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18B.3.2 MIXED USE PRECINCTS A, B AND C These Precincts partly surround the automall and offer similar high level visibility and accessibility from the road system. They are intended for mixed use developments, including offices, commercial premises, service trades, showrooms, ‘specialised home improvement’ uses, a service station and limited retail uses such as shops and takeaway food outlets. Precinct ‘B’ in particular is primarily intended for car care uses and service trades associated with automobiles, trailered boats and caravans. Development is envisaged as being predominantly low rise with attractive landscaped and pedestrianised frontages. 18B.3.3 SOUTH HILL PRECINCT This linear Precinct runs south along the Pacific Highway frontage from the Gateway East Precinct. Development will be physically separated from the highway by a densely planted landscape and pathway corridor. The Precinct is intended for predominantly low to medium rise office buildings integrated with other mixed uses, including service industries and showrooms. Development should reflect a strong integration between the architectural design and landscape treatment to create impressive ‘office park’ environments. 18B.3.4 SOUTHERN VALE PRECINCT Southern Vale is bounded by the arterial roads of Reedy Creek Link Road and the Christine Avenue extension, and located adjacent to the proposed southern sports fields. Much of the Precinct will be suitable for a range of quality housing types and densities, office showroom and business park development, mixed use

s 11 41 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18B.4 developments or combinations of these land uses. Other uses that complement such development, including convenience shopping, child care centres and community facilities may also be accommodated. Generally, low to medium rise buildings are envisaged across the Precinct. This Precinct has not been planned for immediate development and the particular mix of final land uses will largely depend upon market variables. Furthermore, it is likely that this expansive Precinct will be divided into a number of more manageable and land use specific Precincts at a later stage. Northern Frame Precincts 18B.4.1 PREAMBLE The Precincts of the Northern Frame are controlled by the development code contained in Part 11 which is based upon an existing rezoning approval. As detailed planning takes place it may become desirable to consider other forms and intensities of development. 18B.4.2 PARK HILL AND WATERVIEW PRECINCTS (RESIDENTIAL PRECINCTS) Consisting of four separate land parcels these Precincts offer prime park and waterfront sites committed for residential uses. Drawing on performance criteria for design evolved from first principles for each situation, a range of low rise, quality housing types will be constructed on various lot sizes. This will include terrace houses developed in groups of two, three or four. The Precincts will be extensively landscaped to enhance their attractive open

s 11 42 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 space settings. 18B.4.3 CHELTENHAM DRIVE RECREATION PRECINCT This Precinct is primarily intended for the development of recreational open space in some form. It will be suitable for golf course development or various informal and casual entertainment and recreational pursuits, either for private or public use. Given its ‘gateway’ importance at the east entry to Robina Central, the Precinct will have a strong landscape design emphasis. 18B.4.4 NORTHERN PLAIN PRECINCT This Precinct comprises low lying land extending south from Mudgeeraba Creek. It is intended for development of an 18 hole championship golf course and associated clubhouse facilities. The golf course will incorporate attractive lake features and extensive landscaping. The clubhouse complex will be low rise and offer the full range of services and facilities associated with the operation and management of the course. 18B.4.5 NORTH VIEW PRECINCT It is anticipated that this Precinct will be primarily developed for a range of choices in low to medium density residential development and may include resort hotel and/or other forms of tourist accommodation and associated facilities. Limited forms of complementary uses such as child care centres, convenience shops and recreation facilities will also be appropriate. Generally low to medium rise development with limited locations for high rise buildings will capitalise on the adjacent golf

s 11 43 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 course outlook and desirable northerly orientation. Creation of Development Sections - Statement of Intent 18C It is intended that the land within each Precinct will be divided by Robina into Development Sections. Determination of the area of each Development Section will be made during the final stage of the planning, development and marketing processes, at or about the same time the subdivision process commences and just prior to physical development of that land. Until land is included in a Development Section the only plans of subdivision in respect of that land which Council must seal and release are those creating management lots or lots for transfer to Council or the Crown. At the point in time at which a Development Section is determined by Robina, it will with the approval of Council determine the final planning principles, land uses and development requirements and guidelines for that section. Those principles, uses, requirements and guidelines will be contained in a Plan of Development for the Development Section to be prepared and lodged by Robina with Council for approval. In addition, the Plan of Development for each Development Section will, where appropriate, address issues such as traffic circulation and parking, architectural form, streetscaping, landscaping of private and public open spaces, signage (both private and public) and urban design. Despite the provisions of a Plan of Development for a Development Section, it is intended that an application for town planning consent will continue to be required in respect of a permissible use. Before an allotment can be developed in a Development Section other than for the uses set out in the following Table, an application for final development approval in respect of the final form of development for that allotment must be made whether the development is permitted subject to conditions or is a permissible use which has been approved by Council.

s 11 44 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 TABLE duplex dwelling dwelling house family accommodation home occupation occasional markets private recreation Creation of a Development Section and preparation of a Plan of Development 18D A Development Section is created by Robina preparing a plan of the whole or part of the land within a Precinct or Precincts to form a Development Section and identifying it as such. Upon creation of a Development Section, Robina must prepare and lodge with Council a Plan of Development for that Development Section which must contain, but is not limited to, the following:— 18D.1 a plan of the land comprised in the Development Section; 18D.2 the development intent for the Development Section; 18D.3 the development concept/s for the Development Section; 18D.4 the purposes for which land in the Development Section or parts of the Development Section may be used without consent of Council but subject to conditions. These purposes must be chosen from and may be one or more of those purposes which are permitted development subject to conditions in the Area of which the Development Section forms part; 18D.5 the development requirements and guidelines for that Development Section; 18D.6 an assessment by a traffic engineer as contemplated by clause 124.6 or 153.6.5; 18D.7 for information purposes the requirements of this

s 11 45 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Agreement which Robina has identified as requirements to be performed or provided relative to the land in the Development Section and if those requirements have previously been satisfied a statement to that effect. The Plan of Development must be consistent with the concepts of: 18D.8 the planning intent for Robina Central, the relevant Area and the relevant Precinct; 18D.9 the structure plan; 18D.10 the master plan; 18D.11 the open space and pathway network plan; and 18D.12 the provisions of this Agreement. Approval of Plan of Development by Council 18E Upon receipt of a Plan of Development for a Development Section:— 18E.1 The Council must, within 40 days of its receipt, approve the Plan of Development or refuse to approve the Plan of Development; 18E.2 Council may only refuse to approve a Plan of Development if it is satisfied that it is inconsistent with the provisions of this Agreement or does not properly address the issues required to be included in a Plan of Development; 18E.3 If the Council does not notify Robina within 40 days of receipt of a Plan of Development for a Development Section that it has been approved or refused, Robina may by delivering by hand to the office of the Chief Executive Officer a written notice stating it is delivered pursuant to this Clause, require a response within 14 days of the date of delivery of the notice; 18E.4 In the event Robina does not receive a notice of approval or refusal of the Plan of Development within that time, the Plan of Development is deemed approved;

s 11 46 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18E.5 In the event that Council gives notice to Robina that a Plan of Development for a Development Section is refused, it must specify those parts of the Plan of Development which are not acceptable and give reasons. Variation of Plan of Development by Robina before Transfer of Land 18F A Plan of Development may be varied by Robina before it transfers any developable part of the land in that Development Section and before development in that Development Section has been completed. Upon Robina varying a Plan of Development it must lodge the varied Plan of Development with Council which replaces the previously approved Plan of Development. Variation of Plan of Development after Robina Transfers Land 18G After Robina transfers a developable part of the land in a Development Section, the Plan of Development may be varied:— 18G.1 in the case of a minor variation, in respect of an allotment in that Development Section, by the owner of that allotment, lodging with Council the minor variation with the consent in writing of Robina (if it is not the Applicant); 18G.2 in the case of any other variation in respect of an allotment in that Development Section, by the owner of that allotment, in accordance with the provisions of this Agreement applicable to applications for consent in respect of a permissible use. In clause 18F and this clause “developable part of the land” in a Development Section means land that is able to be used or developed for a lawful purpose and does not include land which is required to be dedicated for road or transferred for a local government purpose as a requirement or a condition of an approval. Variation - Application of Provisions 18H The provisions of Clause 18E apply to a variation of a Plan of Development.

s 11 47 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Minor Variation of a Plan of Development 18I A variation of a Plan of Development is a minor variation if:— 18I.1 it does not vary the proposed intent of development for the Development Section; 18I.2 it does not vary the permitted or permissible development for that Development Section; 18I.3 it does not increase the gross floor area of buildings or proposed buildings by more than 5%; 18I.4 it does not increase the site coverage of buildings or proposed buildings by more than 10%; 18I.5 it does not increase the number of storeys above ground level in buildings or proposed buildings or part of those buildings; 18I.6 in Development Sections for residential purposes, it does not increase the unit yield for housing development or proposed housing development by more than 5%; 18I.7 it does not substantially alter the locations of proposed ingress or egress from sites in the Development Section; 18I.8 it does not substantially decrease the provision and location of proposed carparking for each site in the Development Section; 18I.9 alterations to design and siting requirements pertaining to architecture, landscape, streetscape, signage and design elements (other than those requirements referred to above) do not adversely affect the amenity or the likely future amenity of the locality. Master Development Plan 18J Robina must, from time to time, lodge with Council a master development plan. The plan must show to the extent possible the consolidation of information shown on each Precinct plan, Plan of Development, structure plan and open space and pathway network plan.

s 11 48 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Robina must deliver to Council an updated master development plan within fourteen (14) days of Council approving a Precinct plan, Plan of Development, structure plan or open space and pathway network plan. Road and Public Transport Network 18K The structure plan shows the major transportation system proposed for Robina Central. This system incorporates a rail corridor and a bus-rail interchange at the terminus of the Brisbane to Gold Coast rail link. It also includes the major road network which is appropriate to meet the regional access needs and satisfies Robina’s obligations for roadworks as detailed in Part 3. Robina Central incorporates a clear, formal structure of major roads which will ensure convenient access and circulation of traffic. The major roads in this structure are Robina Parkway and proposed road D-I which follow a ridge that circles three sides of the Core. Major connection roads extend out from the Core to link externally at three interchanges along the Pacific Highway. Clear, axial circulation routes shaped by the dominant natural characteristics of the land lead from the Robina Parkway into each part of the Core. A network of major and minor collector roads then extend throughout the combined site to service all Precincts of the Inner Frame, Southern Frame and Northern Frame. The rail line and terminus has been located in conjunction with Queensland Rail on the western side of the Core. Furthermore a corridor for the future southern rail extension from Robina to Coolangatta has been planned, with the final location to be determined at a later time. As the proposed rail line is likely to be essentially inter-urban rather than intra-urban, it will function primarily as a commuter service within the Brisbane to Gold Coast corridor. Its location therefore favours office employment, and particularly government offices, to encourage maximum benefit to Robina Central and maximum rail usage. Shoppers and workers from the more local Gold Coast region will be served by a public transit distribution network, which it is

s 11 49 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 anticipated will be initially provided by bus, but may later include other forms of public transport, focused on the rail terminus. The network will be planned to meet broad community needs, including distribution to other employment, educational, tourist and entertainment nodes, as well as internal movements within Robina Central. Links from the interchange and the Core through the Southern Frame to the Bond University and environs are also envisaged. Open Space Network 18L Together with the road and public transport network, the major open space and pathway system shown on Plan 2/6/1A provides a basic framework to shape and link the total development. The proposed open space system provides for two major north-south linear park connections linking from the extensive flood plain open space in the north to the University lake open space system in the south - one linking along Robina Central lakeshore, riverwalk and highway buffer and the other along the eastern power easement. A further spine along the Mudgeeraba Creek has potential to link through adjoining properties north to Carrara and south-west to Mudgeeraba and Bonogin. A series of sports fields are located along these spines and, together with the proposed golf and water based recreational facilities, they provide a strong recreational and leisure lifestyle orientation for Robina Central for both resident and worker populations. A network of major pedestrian/bicycle paths is proposed along these open space corridors and major roads as an important part of the transportation system linking Precincts within Robina Central to each other and to the surrounding districts. Open Space Network Plan 18M Major open space provisions highlighted on the open space and pathway network plan, Plan 2/6/1A, incorporate the land that satisfies Robina’s obligations for parks, landscaping and pathway contributions, and will be provided and developed in accordance with Part 6.

s 11 50 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Residential Uses 18N The concept of locating medium and high density residential uses immediately adjoining focal points for commercial and community activity has long been a principle of contemporary town planning and is seen as an important objective for Robina Central. The advantage of such a concept is best summarised as follows:— 18N.1 Increased choice of residential stock An increased variety of residential accommodation can be provided to better meet the particular lifestyle needs of different population segments. For example, there are those with children in small households, the young, the middle-aged, the elderly and people in a variety of economic situations, from service industry workers or shop assistants to professionals and executives who wish to live close to work and facilities in a more urban environment. 18N.2 A More Active and Diverse Environment The addition of a residential population increases the “people” activity, particularly after normal working hours when offices are empty. This has a civilising influence and helps create a safer and more diverse and urbane environment to the benefit of all users of Robina Central. 18N.3 Extended Use of Facilities An immediate residential population allows for the extended use and more economical provision of all types of facilities. 18N.4 Contribution to Urban Consolidation The provision of housing at higher densities in Robina Central allows for a more efficient and balanced use of regional infrastructure, eg. roads, public transport, utility and community services, as well as landscape enhancement, and contributes to overall regional urban consolidation. Population successfully accommodated in Robina Central reduces the need for residential land at the

s 11 51 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 edge of urban areas. For these advantages to be realised, a more flexible approach is required towards planning and design than currently applies to development in multi-unit residential zonings which have been developed for suburban situations where segregation of residential uses and compatibility with surrounding lower density development have been traditionally considered desirable. As a result, the combined site is designated for a target residential population of 5,000 persons to be accommodated in development designed under controls based on performance criteria developed from first principles for each situation. Landscape/Townscape Design and Siting Controls 18O It is recognised that a major objective will be to create an attractive and environmentally sensitive development characterised by a distinctive landscape and townscape and high levels of architectural and landscape design. To achieve this, appropriate design and siting controls will be determined for the various Precincts. In general terms, the townscape character of the area north of the Robina Parkway ridge is envisaged as more compact and urban in character with generally higher rise buildings, while the southern area will be lower rise and more office-park in character. A landscaped buffer zone is proposed along most of the Pacific Highway frontage to ensure a consistent landscape image is maintained along this important edge. View corridors are proposed at selected locations to allow motorists an awareness of the proximity and scale of Robina Central. Plan 2/2/6 is a conceptual plan of the buffer zone and view corridors. Robina Central Plan Register 18P Council must maintain a separate register to be known as Robina Central Plan Register in which it keeps all plans, maps and Plans of Development approved by it under this Agreement which register is to be available to and open for inspection by the public at all reasonable times. Upon approval of a plan, map or Plan of Development the Council must immediately place it in the register. The Council may rely on the plans in the register for the purpose of

s 11 52 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 issuing certificates under Clause 18Q. Town Planning Certificates 18Q 18Q.1 An application may be made by any person to Council for a standard town planning certificate or a full town planning certificate. 18Q.2 An application under Clause 18Q.1 is to be accompanied by the appropriate fee. 18Q.3 A standard town planning certificate must set forth the following particulars in respect of the allotment in respect of which it is requested:— 18Q.3.1 the zone or zones in which the allotment is included; 18Q.3.2 that the allotment is subject to this Agreement; 18Q.3.3 the Precinct in which the allotment is included; 18Q.3.4 the Development Section (if any) in which the allotment is included and a statement to the effect that the allotment is subject to a Plan of Development for that Development Section; 18Q.3.5 the provisions of this Agreement relating to proposed roads or proposed road widenings which effect the allotment; 18Q.3.6 whether and if so how many certificates under clause 126 or clause 153.6 have been issued; 18Q.3.7 all consents, permissions and approvals including final development approval currently in force pursuant to this Agreement;

s 11 53 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18Q.4 18Q.3.8 any amendments to this Agreement which effect the allotment agreed to by Council and Robina but which have not yet been approved by the Governor in Council by regulation. A full town planning certificate, in addition to those particulars specified in Clause 18Q.3, is to set forth the following particulars in respect of the allotment in respect of which the certificate is requested. 18Q.4.1 a copy of the relevant Plan of Development (if any); 18Q.4.2 approvals or decisions in respect of application for consideration in principle, rezoning of land in stages, a staged subdivision plan and approval of engineering drawings for subdivision works; 18Q.4.3 details of any conditions attached to the consents, permissions, approvals or final development approvals referred to in 18Q.3.6 approved by Council; 18Q.4.4 details of any modification of approvals granted by Council; 18Q.4.5 a statement indicating the fulfilment or non- fulfilment of each condition set out in clause 18Q.4.3 which relates to the carrying out of work; 18Q.4.6 advice of any current revocation procedures relating to any approvals granted; 18Q.4.7 a copy of the judgment or consent order of the Court where an appeal in respect of an approval referred to in the certificate has been heard; 18Q.4.8 advice of any prosecution in respect of the current use;

s 11 54 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 18Q.4.9 details of the lodgment of any security and whether any payment requirement has been made; 18Q.4.10 details of major infrastructure obligations and minor obligations set out in this Agreement which must be performed before the allotment may be developed and if those obligations have been satisfied, a statement to that effect. 18Q.5 A town planning certificate is to be signed by the Chief Executive Officer or by an officer of the Council authorised by the Council. 18Q.6 The Council is to issue a town planning certificate applied for under Clause 18Q.1 within:— 18Q.6.1 in the case of a standard town planning certificate - fourteen (14) days; 18Q.6.2 in the case of a full town planning certificate - forty (40) days of the date of the receipt by it of the application under Section 18Q.1. 18Q.7 A town planning certificate is admissible in evidence in any proceedings in which proof of any of the matters certified to it in the certificate are relevant and is proof of those matters and in the absence of evidence in rebuttal, is conclusive proof. 18Q.8 For avoidance of doubt this Clause 18Q applies in lieu of Section 3.3 of the Act. Effect of Plan of Development 18R A Plan of Development does not constitute an amendment of this Agreement or a further Agreement and when approved by Council constitutes the development code for land in the Development Section to which it relates.

s 11 55 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Savings 18S The registered owner from time to time of Lot 139 on Registered Plan No. 886257 and Lot 140 on Registered Plan No. 886258 is entitled to the same rights and entitlements and subject to the same duties and obligations under Clauses 18C to 18I (inclusive) of Part 2 of the Planning Agreement as if the name of the registered owner from time to time were substituted in those clauses for that of Robina and to the exclusion of Robina. 2.1.10 By deleting Clause 87 of the Second Schedule and substituting the following:— “87 If before the 30th June 2001 Council wishes to establish a community centre on the land outlined in red on Plan 2/6/9 it may give Robina notice that it requires Robina to transfer to it the land outlined in red on Plan 2/6/9. Robina must, when requested by Council in accordance with this Clause, transfer to the Crown the land outlined in red on Plan 2/6/9 for Local Government purposes (Community Centre). If Council has not requested Robina to transfer the land outlined in red on Plan 2/6/9 before 30th June 2001, Robina will be under no further obligation to do so.” 2.1.11 Clauses 95 and 96 of the Second Schedule by deleting the figures and letters “ -3.0 AHD ” wherever they appear in each Clause and substituting the figures and letters “ -2.4m AHD ”. 2.1.12 By deleting Part 8 of the Second Schedule.

s 11 56 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 2.1.13 By deleting clause 120 of the Second Schedule and substituting the following:— “Permitted Uses 120. The purposes for which development may be carried out without the consent of Council in the Robina Town Centre Core are:— Accommodation Premises Car Park Catering Business Child Care Centre Cinema Commercial Premises Convention Centre Cultural Facility Educational Establishment High Technology Entertainment Facility Hotel Licensed Club Market Industry Medical Centre Minor Tourist Facility Nightclub Occasional Market Office Park Place of Worship Private Recreation Professional Office

s 11 57 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Public Recreation Public Utility Radio and Television Premises Retail Nursery Service Industry Service Station Shops not forming part of a major shopping development Shops forming part of a major shopping development having a net lettable shop floor area not exceeding 100,000 square metres Showroom Special Use Tavern Tourist Facility Welfare Premises.” 2.1.14 By adding to the opening words of Clause 133 the following words:— “and where applicable must form part of a Plan of Development.” 2.1.15 By adding a new Clause 133.10 as follows:— “133.10 Provide landscaping areas for recreational use, noise reduction, enhancement or to screen unwanted uses.” 2.1.16 By deleting Clause 138 and inserting the following:— “Urban Design Guidelines 138 Clauses 153.4 and 153.5 apply to control and regulate Urban Design Guidelines for persons who undertake development or who use land in the Inner Frame and the

s 11 58 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 Southern Frame and is incorporated by reference into this Part.” 2.1.17 By deleting Part 10 of the Second Schedule and substituting the following:— PART 10 DEVELOPMENT CODE - INNER FRAME AND SOUTHERN FRAME SECTION 1 Introduction 150.1 This Part establishes the purposes for which development:— 150.1.1 may (subject to a Plan of Development) be permitted subject to conditions; or 150.1.2 may be permissible; or 150.1.3 is prohibited, in Development Sections in the Inner Frame and Southern Frame and replaces Columns 3, 4 and 5 of Item 10 of Division 3 of Part 2 of the Town Plan. Column 2 of Item 10 of Division 3 of Part 2 of the Town Plan is amended to read “Light Purple with red border and the words in red lettering (See LocalGovernment(RobinaCentral Planning Agreement) Act 1992)”. 150.2 This Part also identifies the appropriate development requirements and guidelines to be included in Plans of Development for development of land in Development Sections in the Inner Frame and the Southern Frame. Restrictions on development in the Frames 150.3 Subject to the provisions of the Plan of Development and this Agreement, the purpose for which development in a Development Section in the Inner Frame and Southern Frame:— 150.3.1 may be carried out without the consent of Council but only when lawful conditions as are considered appropriate

s 11 99 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 the operation of a motor fuel pump; • poisons by way of any one or more of those poisons listed in Appendix A to Schedule 6 of, and in Schedule 7 of, The Poisons Regulations of 1973 as amended where ordinarily the quantity of those poisons stored is in excess of two kilograms; • poisons by way of any one or more of— (i) the poisons listed in Schedule 5 of The Poisons Regulations 1973 as amended; and (ii) such of the poisons listed in Schedule 6 of The Poisons Regulations 1973 as amended as are not also listed in Appendix A to that Schedule 6, where ordinarily the quantity of those poisons stored is in excess of 200 kilograms; • ammunition other than ammunition the storage whereof is ancillary to the sale of the same pursuant to a license under The Explosives Regulations, 1955 as amended; – calcium carbide where ordinarily the quantity stored is in excess of 50 kilograms; – explosives (including fireworks) as defined in the Explosives Act 1985; – gas as defined in the GasAct1965 except where stored in a cylinder or cylinders being of not more than a total capacity of 46,000 kilograms water capacity; – chemicals, not listed elsewhere herein, where there is a risk of explosion or the escape of dangerous gas or fluids; – bones, hides, skins or tallow; “helicopter landing site”—Any premises used or intended for use and which are authorised to be used as an aerodrome for the purposes of

s 11 100 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 the landing and taking off of helicopters; “high technology entertainment facility”—Any premises used or intended for use for the conduct of new types of high technology entertainment products which include but are not limited to:— – Imax theatres, Imax Show Scan with 360 degree theatre experience – virtual reality facilities – interactive entertainment experiences – other forms of hi-tech themed attractions and entertainment centres. The use may be integrated with retail facilities; “home occupation”—Any occupation or profession carried on, in, under, or within the curtilage of, a dwelling unit and in the conduct of which:— (1) Either the registered proprietor of the dwelling house and/or members of his family are engaged or the legal tenant (subject to the written consent of the registered proprietor) and/or members of his family are engaged; (2) The floor area used (whether temporarily or permanently) does not exceed one third of the gross floor area of the dwelling house, up to a maximum of thirty (30) square metres except, and in accordance with, the conditions of an express permission of Council; (3) There is no interference with the amenity of the neighbourhood from the operation of machinery or electrical equipment, or from light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference, or otherwise; (4) A workshop may be established but no goods are publicly displayed on the premises; (5) No load is imposed on the public utility greater than that which is normally required by residential uses;

s 11 101 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (6) No sign other than a sign not exceeding zero point three (0.3) square metres in area, and bearing only the name, occupation and telephone number of the occupier is displayed; (7) No more than one commercial vehicle is used; (8) The level of traffic generated is compatible with residential uses, and adequate car parking is provided; (9) Members of the public visit the premises only between the hours of 8.30am to 5.00pm Monday to Friday and 8.30am to 12 noon Saturday (unless otherwise approved by Council); (10) That personal services or paramedical services are not permitted unless otherwise approved by Council; “hospital”—Any premises used or intended for use for the medical or surgical treatment of sick, injured and infirm persons or the care and accommodation of sick, injured or infirm persons; The term includes a home for infirm, incurable or convalescent persons, a hospital, a nursing home, or a sanatorium, and includes buildings and other structures associated with such uses, but does not include an institution, respite care centre or retirement community as defined in this clause; “hotel”—Any premises where a general license is required under the provisions of the Liquor Act 1992 and which provides:— – accommodation in guestrooms or suites – bars and/or lounge bars for the sale of liquor to be consumed on the premises – a restaurant or restaurants for private or public use and which may also include:— – function room or rooms – nightclub or cabaret – ancillary tourist services and shops – ancillary recreation facilities both internal and external

s 11 102 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – provision for the sale of liquor to be consumed off the premises The premises may be subdivided by a building units plan; “institution”—Any premises used or intended for use as:— (1) Premises for the care, treatment and/or accommodation of the mentally ill or mentally or physically handicapped; (2) Premises for the reform or training of persons committed thereto by a court; (3) Any other similar use. The term includes buildings and other structures associated with such uses, but does not include a hospital, or a retirement community as defined in this clause; “integrated housing:—Any premises comprising two or more dwelling units that:— (1) may or may not be in separate buildings; (2) are designed and developed in an integrated manner; (3) comply with the provisions of AMCORD, or AMCORD Urban as amended from time to time; “kennels”—Any premises used or intended for use in connection with the keeping, boarding or breeding or training of more than two (2) dogs; “kiosk”—Any premises used or intended for use for the sale of general merchandise including food where such a use does not exceed a total use area of fifty (50) square metres and is located preferably within a building or a public park and where the goods are sold to the general public. The term does not include a catering business or shop as defined in this clause; “laundromat”—Any premises used or intended for use for the mechanical washing, drying and ironing of clothes and fabrics by any member of the public; “licensed club”—Any premises to which the public does not resort which: (1) are used or intended for use by a club, lodge, friendly society or like organisation as a place for meetings of,

s 11 103 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 social intercourse among, or entertainment of, the members of the club, lodge, friendly society or like organisation, whether or not those premises are also used or intended for use in part as an office for the administration of the affairs of the club, lodge, friendly society or like organisation; and (2) are premises to which a club license of one of the prescribed types under the Liquor Act 1992 applies; but does not include:— (a) any premises, place or part of any premises or place elsewhere specifically defined in this clause; or (b) any premises used for any purpose elsewhere specifically defined in this clause. A use of premises for the purpose of a licensed club:— (3) includes the use of those premises for any activity authorised by a club license under the Liquor Act 1992; (4) does not include, save for the use of a caretaker’s flat, any residential use; (5) does not include the use of these premises for an hotel or tavern as defined in this clause; “light industry”—Any premises used or intended for use for any purpose included in Appendix III, provided that the term does not include a use contemplated by the term automotive and marine premises. Appendix III (1) Purposes including or ancillary to any of the following:— – Aerated water manufacturing – Agricultural supplies and machinery – Aluminium working – Animal food manufacturing – Asbestos products and cement products – Assembly works

s 11 – – – – – – – – – – – – – – – – – – – – – – – – – – – 104 Local Government (Robina Town Centre Planning Agreement) Amendment s 11 No. 15, 1996 Bonded store Bottling Builders supply depot, workshop or yard Caravan manufacturing Carpenters’ and joiners’ workshop Clothing manufacturing Cold store Contractors’ yard Cotton goods manufacturing Diecasting Electrical appliance manufacturing Electricians’ depot, workshop or storeroom Electroplating Engineering works (light) Fibre-glass manufacturing Floor covering factory Foodstuff manufacturing Footgear manufacturing Fruit products manufacturing Furniture storage Gas appliances workshop Hardware manufacturing House removing depot Leathergoods manufacturing Light metal working Painters’ depot Printing

s 11 – – – – – – – – – – – – (2) – – – – – – – – – – – – 105 Local Government (Robina Town Centre Planning Agreement) Amendment s 11 No. 15, 1996 Recycling depot for collection, sorting and dispatch of household paper, metal, plastic & glass Second hand goods depot Shop fitting Signwriters’ yard Silvering of glass Smallgoods manufacturing Stoneworking Timber yard (other than a mill) Tradesmen’s workshop and yard Wholesale depot Woodworking Workshop Purposes involving any process for or ancillary to the manufacture of any of the following:— Artificial flowers Blinds Brooms, brushes, bristle or hair goods Cameras Clocks, watches Coir goods Cork goods Drawing or writing goods Felt goods Fur goods Leadlights Musical instruments

s 11 106 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – Optical goods (other than spectacles or the like) – Paper goods, paper board goods – Scientific instruments – Sports equipment (other than ammunition, vehicles and water craft) – String, string goods – Textile bags – Therapeutic and life support aids, appliances, garments and equipment – Travelling bags – Twine, twine goods – Umbrellas – Wiregoods (other than barbed wire, wire mesh, wire netting, wire rope and cable) “lot feeding”—Any premises used or intended for use for the purpose of feeding stock in stalls, compounds or stock yards as distinct from range feeding. The term does not include a piggery as defined in this clause; “market industry”—Any premises used or intended for use for the purposes of hand crafting, displaying and offering for sale goods of a similar type or nature and which does not cause any interference with the amenity of the Precinct by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, light (whether steady or flashing), waste products, grit, oil or otherwise or cause hazard likely in the opinion of the Council to cause undue disturbance and/or annoyance to persons or other property not connected with the industry. The term includes the ancillary use of such premises for:— (1) the storage of articles used in connection with or resulting from such activity; (2) the use of any amenity building provided at such premises; (3) any work of administration or accounting in connection with any

s 11 107 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 such activity; but does not include commercial premises, industry, kiosk, shop, or catering business as defined in this clause; “medical centre”—Any premises used or intended for use for the medical or surgical care or treatment of persons not resident on the site. The term includes a first aid station, a maternal and child welfare clinic, a nursing service, an ambulance station, and premises used or intended for use by a chiropodist, chiropractor, dentist, medical practitioner, optometrist, natural therapist, pathologist, physiotherapist, or radiologist, in the practice of that profession. The term does not include a home occupation, a hospital, an institution, a retirement community or a surgery as defined in this clause; “medium industry”—Any premises used or intended for use for any industry not specifically defined elsewhere in this clause; “milk depot”—Any premises used or intended for use for the purpose of bulk handling of milk or dairy products for distribution to consumers or retailers. The term includes the loading and unloading of vehicles used in such distribution; “minor tourist facility”—Any premises not exceeding a total area of one hundred and fifty (150) square metres used or intended for use primarily for the purpose of providing small scale, low-key recreation, entertainment or attractions for the general touring public. The term includes eating facilities for tourist as an ancillary use where the seating capacity does not exceed forty (40) persons. The term does not include a shop, kiosk, catering business, public recreation, or any use for residential purposes, as defined in this clause; “motel”—Any premises used or designed for use for temporary accommodation of travellers and the vehicles used by them. The term includes ancillary premises used or designed for use in the provision of meals to such travellers and the general public but does not include a caravan park or a hotel as defined in this clause; “night club”—Any premises used or intended for use as a cabaret or night club where entertainment is regularly provided to members of the public and where an on-premises license is required under the provisions of the Liquor Act 1992. The term includes the provision of

s 11 108 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 music and dancing facilities for people attending the night club; The term does not include a hotel, public recreation, catering business or tavern as defined in this clause; “occasional market”—Any premises used or intended for use for a limited duration and from time to time for the purpose of displaying or selling readily portable home made or crafted articles to the public from stalls which are not fully enclosed within a building. The term does not include a shop as defined in this clause; “office”—Any premises used or intended for use for business administration, carrying on of agencies, banks, secretarial services or services of a similar nature. The term includes administration in connection with an industry, business or other commercial use where not conducted on the same site. The term does not include a professional office as defined in this clause; “park”—Means land:— (1) to which the public has rights of access; (2) used or intended for use for open air recreation, and (3) which:— (a) has been ornamentally laid out or prepared with paths; (b) has been prepared or is maintained as a grassed area or buffer either with or without trees or shrubbery. Use of the premises for the purpose of a park includes:— (4) the use of any facilities provided on land being a park for the enjoyment or convenience of the public by way of:— (a) bandstands (b) picnic places, places for enjoying views, routes for nature study, parking areas, bikeways and footways; (c) information and display areas for the promotion of such land; (d) shelters and other public conveniences;

s 11 109 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (e) children’s play areas; (f) temporary light refreshment booths; (5) the use of any waterfront area for a landing facility; (6) open-air recreation within the park or on part of any river, creek, stream or other body of water abutting or within the park; (7) any infrequent use of such land for a sport or form of athletics conducted on an informal basis; (8) structures, surfacing or equipment provided for informal sport or physical exercise; (9) sculptures, fountains, ponds or other decorative devices; and (10) maintenance sheds and depots. The term does not include private recreation or public recreation as defined in this clause; “passenger terminal”—Any premises used or intended for use for the assembly and dispersal of passengers and their baggage prior to or subsequent to their transportation irrespective of the mode of transport and includes waiting rooms associated therewith; “piggery”—Any premises used or intended for use for the keeping, depasturing, feeding, watering or breeding of pigs; “place of worship”—Any premises used or intended for use primarily for the public religious activity of a religious organisation, community or association. The term does not include an educational establishment, or an institution, as defined in this clause, but does include ancillary use of part of the premises for a columbarium; “private recreation”—Any premises within the curtilage of a dwelling house, duplex dwelling or accommodation unit used or intended for use by the occupants for recreation provided that, in the opinion of Council, the use is not detrimental to the amenity of the area because of noise, traffic, lights, or anything whatsoever. The term does not include premises used by clubs or teams, or premises open to the public with or without charge, or domestic swimming pools, but

s 11 110 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 includes tennis courts or half courts; “professional office”—Any premises used or intended for use for the provision of professional services or the giving of professional advice by an accountant, architect, engineer, management consultant, property consultant, legal practitioner, surveyor, taxation consultant, town planner, valuer, or other professional practitioner. The term does not include a medical centre or office as defined in this clause; “public recreation”—Any premises used or intended for use for any activity, purpose, pursuit, entertainment or recreation which involves the active participation or entertainment of the general public for the purpose of exercise or enjoyment. The term includes but is not limited to those activities, purposes, pursuits, entertainments or recreations included in Appendix IV:— Appendix IV – Amusement parlour or centre unless otherwise defined – Archery – Boating – Bowling – Circus – Dance hall – Equestrian centre – Exhibition – Fair – Golf – Gymnasium – Hall or meeting hall – Indoor cricket centre – Model car, boat or aircraft operations – Playing field – Rowing

s 11 111 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – Skating rink – Sporting arena or track – Stadium – Swimming pool – Tennis or squash courts – Unlicensed club – Youth centre The term includes, where approved by Council, the erection of clubhouses or ancillary buildings, and the occasional use of the premises for fairs, exhibitions and similar activities if approved by Council. The term does not include a park or private recreation as defined in this clause; “private utility ”—Any premises used or intended for use for any of the following undertakings:— (1) A railway, tramway, road transport, air transport, wharf, harbour, river or other undertaking offering transportation services to the public; (2) The supply of water, hydraulic power, electricity or gas, or the provision of telephone, postal, sewerage or drainage services; (3) The provision or maintenance of roads or traffic controls. The term includes maintenance or storage depots used in connection therewith; “public utility ”—Any premises used or intended for use for any of the following undertakings, by a Government, Semi-Government, Government owned Corporation, Statutory Authority, or Local Authority:— (1) A railway, tramway, road transport, air transport, wharf, harbour, river or other undertaking offering transportation services to the public;

s 11 112 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (2) The supply of water, hydraulic power, electricity or gas, or the provision of telephone, postal, sewerage or drainage services; (3) The provision or maintenance of roads or traffic controls. The term includes maintenance or storage depots used in connection therewith; “radio and television premises”—Any premises used or intended for use for making, creating or arranging audio or visual programmes for transmission as authorised by the Broadcasting and Television Act 1942 and may include use as an office for the associated business of the premises; “relocatable home park”—Any premises used or intended for use for the parking or location of relocatable homes for the purpose of providing residential accommodation. The term includes ancillary amenities buildings, a kiosk and recreational facilities where maintained for the use of patrons of the relocatable home park. The term does not include a caravan park as defined in this clause; “respite care centre”—Any premises used or intended for use for the occasional or temporary accommodation and care of elderly or infirm persons, physically or intellectually handicapped persons or persons suffering from a physical or mental illness or those who care for them; The term includes ancillary dining and recreation facilities, administrative offices, laundries, kitchens, residential accommodation for persons associated with the development and other ancillary activities which are complementary to and compatible with the development. The term does not include a child care centre, hospital, institution or retirement community as defined in this clause; “retail nursery”—Any premises used or intended for use for the sale to members of the public of plants, shrubs, trees, pots, gardening equipment and accessories. The term includes the sale of gardening materials where those materials are ancillary to the sale of plants and are packaged for sale in quantities not exceeding 50 kilograms.

s 11 113 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 The term does not include bulk garden supplies, rural industry, shop or showroom as defined in this clause; “retirement community”—Any premises which are used or are intended for use as permanent residential accommodation for persons aged fifty years or over and which consist of a grouping of dwelling units and/or serviced hostel units together with ancillary facilities provided for exclusive use by residents or staff of the community and which may include staff accommodation, chapels, medical consulting rooms, meeting rooms, recreational facilities, therapy rooms, and kiosk facilities; “rural industry”—Any premises used or intended for use for the purpose of any industry (not being a heavy industry) handling, treating, processing or packing primary products produced on the land on which it is situated. The term includes sawmilling when carried out in a rural area, a wholesale nursery, a turf farm, servicing of plant or equipment used for agricultural, rural industry or forestry purposes; but does not include a shop or stall as defined in this clause nor retail sale of any products; “salvage yard”—Any premises used or intended for use in the collection storage, salvaging, abandonment, dismantling or sale of scrap metals, scrap timber, other scrap materials, scrap goods, motor vehicles or machinery; “service industry”—Any premises used or intended for use for the purpose of conducting any industry included in but not limited to Appendix V provided that it complies with the criteria of Schedule A; Appendix V – Bonded store where associated with a duty - free shop – Boot and shoe repairing – Bread, cake and pastry establishment – Business machine maintenance – Cleaning contractor’s establishment – Clock, watch and jewellery manufacturing and repairing – Computer services

s 11 – – – – – – – – – – – – – – – – – – – – – – – – – – – 114 Local Government (Robina Town Centre Planning Agreement) Amendment s 11 No. 15, 1996 Cycle repairing Dancing teaching Display Centre Dressmaking, tailoring and millinery Dry cleaning and dyeing Duplicating and copying service Electrical goods maintenance Engraving Equipment hire Film developing and printing Furniture repairing Glass Cutting Hairdressing Laundering Lawnmower maintenance Locksmith’s establishment Mail delivery and sorting Mini storage depot Mobile phone installation and repairs Musical instrument maintenance Parcel delivery service depot Photographic studio Printing or photocopying or bookbinding Research & development industries Repair shop Screen printing Sculpture

s 11 115 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – Security services – Signwriting – Sportsgoods maintenance – Taxicab depot – Tool repairing and sharpening – Upholstering – Watchmaker’s establishment; Schedule A (1) resulting noise levels must not detrimentally affect the amenity of the areas; (2) dust, fumes, odours or any other emission shall be contained within the subject premises at all times; (3) the appearance of the development must not detrimentally affect the amenity of the area, whether by reason of the scale of the buildings, the design and materials used in the buildings, the storage of goods, vehicles or any other material outdoors, or any other thing, taking into account the location of any buildings and the topography and other characteristics of the site and any landscaping existing or proposed; (4) any traffic generated by the activities on the premises must not cause or aggravate a traffic problem, nor detrimentally affect the amenity of the area; “service station”—Any premises used or intended for use for the fuelling of motor vehicles involving the sale by retail of petrol or automotive distillate or any derivative capable of use in internal combustion engines whether or not the premises are also used for one or more of the following purposes:— (1) The sale by retail of—

s 11 116 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (a) lubricating oils and greases; (b) batteries and tyres; (c) accessories and other products associated with motor vehicles; (d) power and lighting kerosene; (e) mower fuel; (f) maps, tobacco, confectionery, patent medicines, softdrinks, milk products, bread, newspapers and periodicals where any such sale is to a person travelling by motor vehicle; (2) The carrying out of:— (a) the fitting, removal, and exchange of tyres; (b) the repairing of tubes; (c) the supply of air; (d) the charging or replacement of batteries; (e) the lubrication and greasing of motor vehicles; (f) the cleaning, adjustment and replacement of sparkplugs; (g) the adjustment, cleaning or replacement of filters or carburettors or fuel injection systems; (h) the reception and return of tyres deposited for repair on other premises; (i) running repairs of a minor nature and of a type which do not normally immobilise a vehicle for a period longer than two hours; (j) the washing, cleaning and polishing of vehicles; (3) The rendering of minor services incidental to any of the foregoing. The term does not include a catering business, an industry, a salvage yard, a passenger terminal, a shop, or a transport terminal, as

s 11 117 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 defined in this clause; “service station combination”—Any premises used or intended for use for:— (1) a service station in combination with a specified use; or (2) a service station, a specified use and a use associated with the service station or specified use in relation to the premises; whether or not the premises are used for any other purpose. The total use area used for the specified use must not exceed 175m 2 . In this definition, “specified use” means any one of the following uses:— (a) general store; (b) local store; (c) shop; (d) store. “shop”—Any premises used or intended for use for the purpose of displaying or offering of goods for sale by retail. The term includes the ancillary storage of goods on the same premises or a food barn or administration activities carried out in connection with the use. The term also includes, where ancillary to a major shopping development, the fitting of motor vehicles accessories and parts or the rendering of minor services or minor running repairs to motor vehicles. The term does not include commercial premises, a general store, a hotel, an industry, a service station, a showroom, a stall or a warehouse as defined in this clause; “showroom”—Any premises used or intended for use for the displaying and/or offering for sale by retail or otherwise goods of a bulky character where such use has a total use area of at least three hundred (300) square metres. The term does not include a shop; “special use”—Any premises used or intended for use for:— (1) Federal Government purposes; (2) State Government purposes;

s 11 118 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 (3) Local Government purposes including land predominantly required for buffering or drainage purposes; (4) Semi-Government, statutory authority and Government Owned Corporation purposes; (5) Any other public purpose not specifically included in any other definition contained in the Part. The term does not include a child care centre, institution, park or public utilities as defined in this clause, however to remove all doubt, the term does include the use of premises for the purpose of police, fire and ambulance stations and a State Emergency Service Depot and uses associated therewith or ancillary thereto; “stable”—Any building or other structure, including a shed, loose box, stall, roofed yard, or training track used or intended for use for the stabling, keeping, feeding, watering, grooming, shoeing or veterinary treatment of horses; “stall”—Any premises used or intended for use for the display or sale of agricultural or horticultural produce grown on the site on which the stall is located. The term does not include a shop, bulk garden supplies or general store as defined in this clause or the sale of garden hardware or implements; “surgery”—Any premises forming part of a dwelling house wherein the owner and occupier of the dwelling house carries on the practice of a medical general practitioner, dental surgeon, chiropractor, natural therapist, physiotherapist or other similar medical profession. The term does not include medical centre as defined in this clause; “tavern”—Any premises where a general license is required under the provisions of the Liquor Act 1992 and which provides: – bars and/or lounge bars for the sale of liquor to be consumed on the premises – restaurant or restaurants for public use – for the sale of liquor to be consumed off the premises and which may also include:

s 11 119 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – function room or rooms – nightclub or cabaret – ancillary recreation facilities – use of part of the premises as a Totalisator Administration Board agency – a mini brewery where ancillary to a tavern; “temporary quarry”—Any premises used or intended for use for the purpose of extraction, storage, loading, carting or treatment of sand, gravel, rock, stone, soil, or similar substances for a period not exceeding four (4) years from the date of the Council’s consent or a lesser period as determined by Council. The term does not include an extractive industry as defined in this clause for the removal or placement of sand, gravel, rock, stone, soil or similar substance during the course of development of land; “tourist facility”—Any premises used or intended for use primarily for the purpose of providing recreation, entertainment or attractions for the general touring public. The term includes accommodation or eating facilities for tourists as an ancillary use; “transport terminal”—Any premises used or intended for use for the purpose of an airline goods terminal, bus depot, road transport goods terminal, rail goods terminal or a terminal for water-borne goods. The term does not include a passenger terminal, but includes a repository for temporary storage of goods before re-shipment, and includes a terminal used solely for the garaging and basic maintenance of fleet vehicles engaged in the transport of goods; “veterinary clinic”—Any premises used or intended for use in which a veterinary surgeon or veterinarian treats the minor ailments of domestic animal and household pet out-patients provided that no patients remain on the premises overnight, except for emergency cases; “veterinary hospital”—Any premises used or intended for use for or in connection with the treatment of sick or injured animals where such animals are accommodated overnight or for longer periods in premises constructed of sound proof materials. The term does not include

s 11 120 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 animal husbandry as defined in this clause; “warehouse”—Any premises used or intended for use for the storage of goods, merchandise or materials in large quantities pending their sale, or distribution, to persons who purchase for the purpose of resale only. The term does not include a shop, showroom as defined in this clause, nor a food barn; “waterfront activity”—Any premises used or intended for use for the purpose of conducting any activity included in and limited to Appendix VI; Appendix VI – Chandlery involving the sale of boating equipment and accessories not of a bulky character. – Vessel refuelling facility having maximum storage capacities for 2,000 litres of petrol, 2,000 litres of distillate, 2,000 kgs of liquid petroleum gas and 500 litres of lubricant. – Naval architect. – Marina having a maximum of 6 berths. – Berthing facility. – Shop for the sale of general requirements for boat owners and for water activities, e.g. ice, bait, food and drinks. The term does not include uses usually associated with boat building or repair or marine engineering, or the provision of goods or services of an industrial character; “waterfront industry”—Any premises used or intended for use for the purpose of conducting any industry included in but not limited to Appendix VI which requires direct access to a river, creek, stream, or other body of water as an essential part of its operation; Appendix VII – Boat building, repairing or storage – Fish and seafood processing or storage – Fishing gear manufacturing

s 11 121 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 – Marina for more than 6 berths – Marine engineering – Slipway – Warehouse associated with waterfront industry – Wharf and dock. “welfare premises”—Any premises used or intended for use for:— (1) social welfare purposes; (2) provision of a counselling or advisory service; (3) of a like character to those referred to in sub-paragraphs (1) and (2); (4) provision of some form of education or instruction to some section of the public, the term does not include commercial purposes, or an educational establishment, licensed club or institution.” 2.1.18 By deleting Clause 196 of the Second Schedule and substituting the following Clause:— “196 The Council must from premises within the Core or the Inner Frame continuously provide, maintain and operate at a level of service not less than that normally provided in the Shire and at its own expense:— 196.1 on and from the 22nd of August 1996 a public library; and 196.2 no later than the 31st December 1997 a community centre (including provision of meeting rooms); and 196.3 if the Council gives Robina a notice under Clause 87 a community centre on the land referred to in that Clause.”

s 11 122 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 2.1.19 By removing from the Plans, Tables, Drawings and Documents held at the Public Office of the Council the Plans/Tables shown in column 1 and substituting in their respective place the Plans/Tables in column 2 opposite the Plans/Tables deleted:— Column 1 Column 2 Plan No. 2/2/2 to be replaced by Plan No. 2/2/2A Plan No. 2/2/4 to be replaced by Plan No. 2/2/3A Plan No. 2/3/1 to be replaced by Plan No. 2/3/1A Table No. 2/3/2 to be replaced by Table No. 2/3/2A Plan No. 2/3/3 to be replaced by Plan No. 2/3/3A Plan No. 2/4/1 to be replaced by Plan No. 2/4/1A Table No. 2/4/3 to be replaced by Table No. 2/4/3A Plan No. 2/5/1 to be replaced by Plan No. 2/5/1A Table No. 2/5/2 to be replaced by Table No. 2/5/2A Plan No. 2/6/1 to be replaced by Plan No. 2/6/1A Plan No. 2/6/7 to be replaced by Plan No. 2/6/1A and by deleting the words and figures shown in column 1 wherever they appear in the Robina Central Planning Agreement and substituting in their respective place the words and figures in column 2 opposite the words and figures deleted. 2.1.20 By including in the Plans, Tables, Drawings and Documents to be held at the Public Office of the Council Documents 1/1/5 to 1/1/20 (inclusive), Plan 2/2/4A and Plan 2/2/5. 2.1.21 By re-numbering Plan 2/2/3 held at the Public Office of the Council Plan 2/2/6 and deleting the words and figures “Plan 2/2/3” wherever they appear in the Robina Central Planning Agreement and substituting the words and figures “Plan 2/2/6” .

s 11 123 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 3 A reference to a Plan, Table, Drawing or Document identified by a particular number in this Amendment Agreement is a reference to a Plan, Table, Drawing or Document bearing that number held at the public office of the Council certified under seal by both the Council and Robina and Robina Properties as being the Plan, Table, Drawing or Document of that number referred to in this Amendment Agreement. 4 For the avoidance of doubt, the parties acknowledge and agree that the Amendment Agreement executed by the parties on the 21st March 1996 has never had effect. 5 Clause 99 of the Robina Central Planning Agreement applies to this Amendment Agreement and is incorporated by reference in this Amendment Agreement. IN WITNESS WHEREOF the parties have executed this Amendment Agreement on the day and year first hereinbefore written. The Common Seal of ROBINA LAND CORPORATION PTY LTD A.C.N. 010 159 387 was hereunto affixed in accordance with its Memorandum and Articles of Association in the presence of a Director and the Secretary and in the presence of: ) ) ) ) ) ) ) ) ) ) ) ) Witness:

s 11 124 s 11 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 The Common Seal of ROBINA PROPERTIES PTY LTD A.C.N. 010 147 038 was hereunto affixed in accordance with its Memorandum and Articles of Association in the presence of a Director and the Secretary and in the presence of: ) ) ) ) ) ) ) ) ) ) ) Witness The Corporate Seal of COUNCIL OF THE CITY OF GOLD COAST was hereunto affixed in the presence of the Mayor and the Chief Executive Officer and in the presence of: ) ) ) ) ) ) ) ) ) Witness Solicitors for Robina Land Corporation Pty Ltd and Robina Properties Pty Ltd:— Hill & Taylor Solicitors & Attorneys Level 2, Waterfront Place, 1 Eagle Street, Brisbane. Mr. J.D. Taylor Solicitors for Council of the City of Gold Coast:— King & Company Solicitors Level 7, Quay Central, 95 North Quay, Brisbane. Mr. S.P. Fynes-Clinton’.

125 Local Government (Robina Town Centre Planning Agreement) Amendment No. 15, 1996 © State of Queensland 1996