State Development and Public Works Organisation Amendment Regulation (No. 2) 2003 (QLD)

Queensland Subordinate Legislation 2003 No. 105 State Development and Public Works Organisation Act 1971 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION AMENDMENT REGULATION (No. 2) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 16 (Other matters about EIS). . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 6—MISCELLANEOUS PROVISIONS 18 Approval of terms of agreement to transfer works . . . . . . . . . . . . . . 2 6 Amendment of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE 2 TERMS OF AGREEMENT NEGOTIATED BETWEEN COORDINATOR-GENERAL AND STADIUM REDEVELOPMENT AUTHORITY

s1 2 s5 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 1 Short title This regulation may be cited as the State Development and Public Works Organisation Amendment Regulation (No. 2) 2003 . 2 Regulation amended This regulation amends the StateDevelopmentandPublicWorksOrganisation Regulation 1999. 3 Amendment of pt 2, hdg Part 2, heading,— omit, insert — ‘PART 2—GOODWILL BRIDGE’. 4 Amendment of s 16 (Other matters about EIS) Section 16(1), ‘the schedule’— omit, insert— ‘schedule 1’. 5 Insertion of new pt 6 After part 5— insert— ‘PART 6—MISCELLANEOUS PROVISIONS ‘18 Approval of terms of agreement to transfer works ‘The terms of the agreement negotiated between the Coordinator-General and the Stadium Redevelopment Authority, as set out in schedule 2, are approved under section 134(2) 1 of the Act.’. 1 Section 134 (Power of Coordinator-General to negotiate transfer of works undertaken by the Coordinator-General) of the Act

s6 3 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 6 Amendment of schedule Schedule, heading, ‘ SCHEDULE ’— omit, insert — ‘ SCHEDULE 1 ’. 7 Insertion of new sch 2 After schedule 1— insert— ‘SCHEDULE 2 ‘TERMS OF AGREEMENT NEGOTIATED BETWEEN COORDINATOR-GENERAL AND STADIUM REDEVELOPMENT AUTHORITY section 18 THIS AGREEMENT is made this day of 2003. BETWEEN: The Coordinator-General , a corporation sole constituted under section 8 of the State Development and Public WorksOrganisation Act 1971 (“SDPWO Act”) of 100 George St, Brisbane in the State of Queensland. (“the COG”) AND: Stadium Redevelopment Authority , a body corporate established under section 34 of the Major Sports FacilitiesAct 2001 of 411 Vulture Street, Woolloongabba in the State of Queensland. (“SRA”)

s7 4 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 RECITALS A. The COG has caused works to be undertaken for the redevelopment of the Suncorp Stadium. B. Some of those works are complete or practically complete and are available for use as part of or for use with the Suncorp Stadium. C. The parties acknowledge that the SRA has paid for those works and will continue to complete the works which are practically complete. D. The COG wishes to transfer and the SRA wishes to accept the transfer, management, operation and control of the Stadium Works pursuant to section 134 of the SDPWO Act. E. The COG is the registered owner of or entitled to be the registered owner of that land specified in Schedule 1 (“the COG Land”). F. The COG wishes to transfer and the SRA agrees to accept a transfer of the COG Land. G. The parties wish to record the terms of their Agreement. NOW THE PARTIES AGREE AS FOLLOWS - 1. Interpretation 1.1 In this Agreement unless the context otherwise requires or the contrary intention appears, the following terms shall have the meanings assigned to them - “ Agreement” means this document and all schedules to this document. “ COG” means the Coordinator-General. “COG Land” means that land specified in Schedule 1. “External Works” means those works located on the area shaded blue on the plan in Schedule 2 and do not include the Stadium Works. “GST” has the same meaning as in GST Law. “GST Law” includes A New Tax System (Goods and Services Tax)Act 1999(Cth) order, ruling or regulation which imposes or purports to impose or otherwise deals with the administration or imposition of GST on a supply of goods or services in Australia.

s7 5 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 “SDPWO Act” means the StateDevelopmentandPublicWorksOrganisation Act 1971 . “Settlement Date” means 8.30am on 30 May 2003. “SRA” means the Stadium Redevelopment Authority. “Stadium Works” means those works constructed on lot 41 on RP904552 and lot 42 on SP161089 (but do not include any part of the Milton Road pedestrian bridge) together with the plaza constructed over Chippendall Street and the plaza constructed over Hale Street but do not include the land over which those plazas are constructed. “Supply” has the same meaning as in GST Law. “Tax Invoice” has the same meaning as in GST Law. “Transfer Documents” means – (a) a transfer under the Land Title Act 1994 capable of immediate registration (after stamping), transferring the title in the COG Land to SRA, free from encumbrances; and (b) any other document to be signed by the parties necessary for stamping and/or registering the transfer. 1.2 A reference to a person includes a reference to corporations and other entities recognised by law. 1.3 In this Agreement the Table of Contents has been inserted for convenience of reference only and is not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement. 1.4 A reference to a statute, regulation, ordinance or local law shall be deemed to extend to all statutes, regulations, ordinances or local laws amending, consolidating or replacing them. 1.5 In this Agreement the headings to the clauses have been inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement. 1.6 The singular includes the plural and vice versa. 1.7 Words importing one gender shall include a reference to all other genders.

s7 6 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 1.8 In the case of any inconsistency between the Schedule and a clause contained in this Agreement, the provisions of the clause shall prevail to the extent of any inconsistency. 2. Regulation The parties acknowledge that this Agreement will only come into effect upon approval of the terms of this Agreement by a regulation made under section 134(2) of the SDPWO Act. 3. Transfer of Stadium Works 3.1 The COG agrees to transfer the Stadium Works together with the management, operation and control of the Stadium Works to the SRA for $1.00 and the SRA accepts the transfer of the Stadium Works together with the management, operation and control of the Stadium Works. 3.2 The transfer shall take effect on the Settlement Date. 4. Use of External Works 4.1 The COG authorises the SRA to occupy and use the External Works and to complete the construction of the External Works, where necessary. 4.2 The SRA shall ensure that a public liability insurance policy relating to its use and occupation of the External Works is taken out and maintained. That policy shall be in accordance with the COG’s reasonable requirements. 4.3 The rights granted to the SRA under clause 4.1 shall take effect from the Settlement Date and shall continue until terminated by written notice from the COG. 4.4 Upon completion of the External Works, the SRA shall negotiate with the COG for the transfer of those works to a third party.

s7 7 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 5. Transfer of COG Land 5.1 The COG agrees to transfer the COG Land to the SRA for $1.00 and the SRA accepts the transfer of the COG Land in accordance with the terms of this Agreement. 5.2 The transfer of the COG Land shall be effective on the Settlement Date. 6. Risk The COG Land shall be at the risk of SRA on and from the Settlement Date. 7. Transfer Document SRA shall prepare the Transfer Documents and deliver them to the COG within a reasonable time before the Settlement Date. 8. Settlement 8.1 On the Settlement Date, the COG shall deliver the executed Transfer Documents to SRA. 8.2 Settlement shall be effected at the Titles Office on the Settlement Date. 9. GST 9.1 The parties acknowledge that GST may be payable on the Supply of goods and/or services under this Agreement. 9.2 Where GST is payable on a Supply, the consideration payable by the recipient shall be adjusted in accordance with clauses 9.3 and 9.4. 9.3 Subject to the supplier issuing a Tax Invoice, the consideration payable by the recipient to the supplier for the Supply shall be increased by the amount equal to that which the supplier is obliged to remit as GST on the Supply. 9.4 If it is determined that the amount of GST collected from the recipient differs for any reason from the amount of GST paid or payable by the supplier, including by reason of –

s7 8 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 (a) any amendment to the GST Law; (b) the issue of a ruling or advice by the Commissioner of Taxation; or (c) a refund to the supplier in respect of a Supply made under this Agreement, the recipient shall be entitled to a refund of the additional consideration collected from the recipient. 10. Indemnity 10.1 On and from the Settlement Date, the SRA – (a) indemnifies; and (b) releases and discharges, the COG from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon the COG, or which the COG may pay, sustain or be put to by reason of, or in consequence of or in connection with the Stadium Works (including the construction of or the use of the Stadium Works) or the External Works (including the construction of or the use and occupation of the External Works), other than as a result of the negligent act or omission of the COG, its servants or agents. 10.2 Despite the transfer of the Stadium Works and the COG Land under the terms of this Agreement, the indemnity contained in clause 10.1 shall remain in full force and effect. 11. Governing Law This Agreement will be governed by and construed according to the law of the State of Queensland and the parties agree to submit to the jurisdiction of the Courts of the State of Queensland. 12. Costs 12.1 Each party shall pay its own costs of and incidental to the negotiation, preparation and execution of this Agreement. 12.2 SRA shall pay any stamp duty payable on this Agreement.

s7 9 s7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 13. Notices 13.1 Notices under this Agreement may be delivered by hand, by registered mail, or by facsimile to the addresses specified in clause 13.3 or any substitute address as may have been notified in writing by the relevant addressee from time to time. 13.2 Notice will be deemed to be given – (a) 2 Business Days after deposit in the mail with postage prepaid; (b) when delivered by hand; or (c) if sent by facsimile transmission, upon an apparently successful transmission being noted by the sender's facsimile machine prior to close of business at 5.00pm. Facsimile transmissions received after 5.00pm will be deemed to be received at the start of the next working day, as the case may be. 13.3 The address for each party is - COG Address: Director Infrastructure Projects & Land Management Department of State Development 100 George Street BRISBANE QLD 4000 Postal Address: PO Box 168 Albert Street BRISBANE QLD 4002 Attention: Telephone: Facsimile: Claire Single [phone] [phone] SRA Address: Chief Executive Officer Stadium Redevelopment Authority Level 11 Gabba Towers 411 Vulture Street WOOLLOONGABBA QLD 4102

s 7 10 s 7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 Postal Address: Attention: Telephone: Facsimile: Level 11, Gabba Towers 411 Vulture Street WOOLOONGABBA QLD 4102 Kevin Yearbury [phone] [phone]

s 7 11 s 7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 ‘SCHEDULE 1 COG Land Lot County 471 on SP 144611 Stanley 41 on RP 904552 Stanley 42 on SP 161089 Stanley Parish North Brisbane North Brisbane North Brisbane Title Reference 50400268 50170425 yet to issue

s 7 12 s 7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 ‘SCHEDULE 2 Plan showing External Works

s 7 13 s 7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 Executed As A Deed on the Dates Appearing Below THE OFFICIAL SEAL of the ) Coordinator-General was ) duly affixed ) this day of May 2003 ) ) by . . . . . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . . (full name) ) (signature) ) .. . . . . . . . . . . . . . . . . . . . ) (designation) ) ) in the presence of: ) ) .. . . . . . . . . . . . . . . . . . . . ) (signature) ) ) . . . . . . . . . . . . . . . . . . . . . ) (full name of witness) ) ) ) SIGNED SEALED AND DELIVERED ) on behalf of the ) Stadium Redevelopment Authority ) this day of May 2003 ) )

s 7 14 s 7 State Development and Public Works Organisation No. 105, 2003 Amendment Regulation (No. 2) 2003 by . . . . . . . . . . . . . . . . . . . (full name) .. . . . . . . . . . . . . . . . . . . . (designation) who is a duly authorised officer in the presence of: .. . . . . . . . . . . . . . . . . . . . (signature) . . . . . . . . . . . . . . . . . . . . . (full name of witness) ). . . . . . . . . . . . . . . . ) (signature) ) ) ) ) ) ) ) ) ) ) ) ) ) ’. ENDNOTES 1. Made by the Governor in Council on 29 May 2003. 2. Notified in the gazette on 30 May 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of State Development. © State of Queensland 2003