State Development and Public Works Organisation Amendment Regulation (No. 2) 2005 (QLD)

Queensland State Development and Public Works Organisation Amendment Regulation (No. 2) 2005 Subordinate Legislation 2005 No. 253 made under the State Development and Public Works Organisation Act 1971 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Omission of pt 2 (Goodwill bridge) . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 18 (Approval of terms of agreement to transfer works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Schedule 3 Terms of agreement negotiated between the Coordinator-General and the State

s1 2 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 1 Short title This regulation may be cited as the State Development and Public Works Organisation Amendment Regulation (No. 2) 2005 . 2 Regulation amended This regulation amends the StateDevelopmentandPublicWorks Organisation Regulation 1999. 3 Omission of pt 2 (Goodwill bridge) Part 2— omit. 4 Amendment of s 18 (Approval of terms of agreement to transfer works) Section 18— insert— ‘(2) The terms of the agreement negotiated between the Coordinator-General and the State represented by the Department of Public Works, as set out in schedule 3, are also approved under the section.’. 5 Insertion of new sch 3 After schedule 2—

s5 3 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 insert— ‘Schedule 3 Terms of agreement negotiated between the Coordinator-General and the State section 18(2) THIS AGREEMENT is made BETWEEN: THE COORDINATOR-GENERAL , a corporation sole constituted under the StateDevelopment and Public Works Organisation Act1971 (“the CG ” ) AND: THE STATE OF QUEENSLAND through the Department of Public Works (“DPW”) RECITALS A. The CG constructed the Goodwill Bridge pursuant to the CG’s powers under the SDPWO Act. B. Construction of the Bridge has been completed and the parties agree to the transfer of the Bridge and the management, operation and control of the Bridge from the CG to DPW pursuant to section 134 of the SDPWO Act. D. This Agreement records the agreement between the parties.

s5 4 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 THE PARTIES AGREE: 1. INTERPRETATION 1.1 In this Agreement, unless the context otherwise requires: “Agreement” means this agreement. “Bridge” means the South Bank Pedestrian and Cycle Bridge, known as the Goodwill Bridge, described in the Bridge Plan. “Bridge Plan” means the plan in the schedule to this Agreement. “Regulation” means the regulation under the SDPWOAct referred to in clause 2. “SDPWO Act” means the StateDevelopmentandPublicWorks Organisation Act 1971 . “Settlement Date” means the day on which the Regulation commences operation. 1.2 A reference to persons includes corporations and other entities. 1.3 The singular includes the plural and vice versa. 2. REGULATION This Agreement will take effect when the particulars of the Agreement have been approved by a regulation under section 134(2) of the SDPWO Act. 3. TRANSFER 3.1 The CG agrees to transfer the Bridge and the management, operation and control of the Bridge to DPW. 3.2 DPW accepts the transfer of the Bridge and the management, operation and control of the Bridge on and from the Settlement Date.

s5 5 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 4. INDEMNITY 4.1 DPW indemnifies the CG against liability in relation to any actions, proceedings, claims or demands concerning the Bridge that arise from acts or omissions, other than acts or omissions of the CG, that happen on or after the Settlement Date. 4.2 The CG indemnifies DPW against liability in relation to any actions, proceedings, claims or demands concerning the Bridge, including the construction or use of the Bridge, that arise from acts or omissions that happened prior to the Settlement Date. 5. GOVERNING LAW This Agreement will be governed by the laws of Queensland. 6. COSTS Each party will pay its own costs in relation to the negotiation, preparation and execution of this Agreement. 7. FURTHER ACTION 7.1 The CG will deliver to DPW all documents and data that it holds in relation to the on-going operation and control of the Bridge. 7.2 Each party will do everything reasonably required by notice from the other party to give effect to this Agreement and to protect the rights of the other party. 8. NOTICES 8.1 Notices under this Agreement must be in writing and may be delivered by hand, by registered mail or by facsimile to the relevant address specified in clause 8.3 or substitute address notified by the relevant addressee to the other. 8.2 Notices will be deemed to be given:

s5 6 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 (a) two business days after deposit in the mail with postage paid; (b) when hand delivered; or (c) if sent by facsimile, upon the sender’s receipt of a successful transmission report before 5.00pm on a business day. Notices by facsimile received after 5.00pm will be deemed to have been received at the start of the next business day. 8.3 Addresses for notices: CG Mr Ross Rolfe Coordinator-General 5th Floor Executive Building 100 George Street BRISBANE QLD 4000 Postal address: PO Box 15009 City East Q 4002 Facsimile: [phone] DPW Mr Selwyn Clark Director Portfolio and Housing Unit Department of Public Works Level 6B 80 George Street BRISBANE QLD 4000

s5 7 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 Postal address: GPO Box 2457 BRISBANE QLD 4001 Facsimile: [phone] EXECUTED as a deed by the parties as follows: THE OFFICIAL SEAL of THE COORDINATOR-GENERAL ) ) was affixed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) (Insert name) ) ................... in the presence of: ) (Signature and seal) ........................................ ) (Insert name) ) ........................................ ) (Signature) ) Date:. . . . . . . . . . . . . .

s5 8 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 SIGNED on behalf of the STATE OF QUEENSLAND ) ) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) (Insert name) ) ................... an authorised delegate of the Director-General, ) Department of Public Works, in the presence of: ) (Signature) ........................................ ) (Insert name) ) ........................................ ) (Signature) ) Date:. . . . . . . . . . . . . .

s5 9 s5 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 SCHEDULE Bridge Plan ’.

10 State Development and Public Works Organisation No. 253, 2005 Amendment Regulation (No. 2) 2005 ENDNOTES 1 Made by the Governor in Council on 13 October 2005. 2 Notified in the gazette on 14 October 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Coordinator-General. © State of Queensland 2005