Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) Regulation 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 336 Water Resources Act 1989 WATER RESOURCES (A J BUSH & SONS (MANUFACTURES) PTY LTD) REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Approval of Corporation supplying water (s 3.20 of the Act) . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AGREEMENT

s1 2 s2 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) No. 336, 1994 ˙ Short title 1. This regulation may be cited as the Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) Regulation 1994 . ˙ Approval of Corporation supplying water (s 3.20 of the Act) 2. The Corporation may supply water to A J Bush & Sons (Manufactures) Pty Ltd under the agreement set out in the Schedule.

3 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) No. 336, 1994 ¡ SCHEDULE AGREEMENT section 2 THIS AGREEMENT is made the TWELFTH day of APRIL 1994 between PRIMARY INDUSTRIES CORPORATION the Corporation constituted by the PrimaryIndustriesCorporationAct1992 (the “Corporation”) and A.J. Bush & Sons (Manufactures) Pty Ltd (the “Consumer”). WHEREAS (A) The Corporation has constructed works including Maroon Dam to regulate flow in the Logan River in the Shire of Beaudesert in the State of Queensland; (B) The Consumer desires to draw water from the Logan River for the purposes associated with animal waste recycling plant; (C) The Corporation has agreed to supply water to the Consumer from the regulated section of the Logan River subject to the terms hereinafter set forth. THE PARTIES AGREE AS FOLLOWS:— 1. DURATION OF THE AGREEMENT 1.01 Subject to the following provisions, this agreement shall continue and remain in full force and effect until the thirtieth day of June 1998. 2. SECURITY OF SUPPLY 2.01 The Corporation will supervise, operate and maintain, at its cost, Maroon Dam during the currency of this agreement and subject to

4 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 Clause 10.01, and will use its best endeavours to ensure that the quantity of water specified in Clause 5.03 is available to the Consumer. 3. PUMPING PLANT 3.01 The cost of taking water under this agreement shall be met by the Consumer. 3.02 The Consumer will maintain and operate any works necessary for the taking of water under this agreement, including a pumping pool. Such maintenance and operation must be to the Corporation’s satisfaction. 3.03 The location of the intake works for the purpose of taking supplies shall be approximately AMTD 113.2 km on the Logan River and sited on Lot 16 Plan W31893, Parish of Bromelton, or at such other place as may be agreed upon or as the Corporation may reasonably direct. 3.04 Until completion by the Consumer of its pumping plant and subject to consent of Australia Meat Holdings, the Consumer may divert water through the works owned by Australia Meat Holdings. 4.0 WATER QUALITY 4.01 The Corporation shall not be responsible for the quality of water available to the Consumer but shall in management of the release of water from Maroon Dam have regard to the continuing need of the Consumer to be able to draw water of the best practicable quality. 5. ALLOCATION OF SUPPLY 5.01 A year shall be deemed to commence on the first day of July and end on the thirtieth day of June in the next calender year. 5.02 Prior to the start of each year the Consumer shall advise the Corporation of its probable water requirement for that year, together with estimates of its water requirement for the next four years following. 5.03 The Consumer may take such water from its authorised works as it may from time to time reasonably require, PROVIDED THAT the maximum quantity of water taken in any year shall not exceed

5 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 75 megalitres. 5.04 If, the Consumer takes less than the minimum allocation of water specified in Clause 8.03 the Consumer is not entitled to a refund of the capital payment referred to in Clause 8.01(a). 5.05 The Consumer may request the Corporation’s authorisation to take more than the maximum allocation specified in Clause 5.03 in any one year. On receipt of such request the Corporation must, after taking into account the quantity of water available, the requirements of other users and such other matters as it deems necessary, notify the Consumer of its decision. The decision of the Corporation is final and not subject to arbitration. 5.06 The Corporation may, upon application by the Consumer, and after taking into account the availability of water and the actual use of water by the Consumer, increase the quantity of water specified in Clause 5.03. Upon any such increase in accordance with this clause the Corporation may reassess the charges to be paid to take into account the quantity representing the increase. 5.07 If the Consumer consistently uses less than the quantity of water specified in Clause 5.03 the Corporation may with the prior consent of the Consumer reduce the quantity so specified. 6. COMMENCEMENT OF SUPPLY FROM MAROON DAM 6.01 The nominated date of commencement of supply from the Logan River is the date on which the Governor in Council by Order in Council approves the supply of water in accordance with the terms of this agreement. 7. SUPPLY OF WATER 7.01 The supply of water in accordance with this agreement is subject to Section 3.20 of the Water Resources Act 1989 .

6 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 8. ANNUAL WATER CHARGES 8.01 From the date of commencement of supply under this agreement, the Consumer shall pay the Corporation at the Brisbane District Office of the Department of Primary Industries the following amounts:— (a) An annual capital component of $87.00 per megalitre of water to be paid annually on or before the last day of December in each year; (b) An operation and maintenance component equal to the annual charge set by the Government for irrigation water from the regulated section of the Logan River, which shall be due and payable at the end of the month following the month in which the water was taken. The minimum charge for this component is 75% of the allocation in Clause 8.03 regardless of the quantity of water taken; and (c) Interest on overdue payments at the rate determined in accordance with Section 10.13(2)(e) of the WaterResourcesAct 1989 . 8.02 If the Consumer takes water in excess of the allocation specified in Clause 5.03, it shall be liable to pay an amount per megalitre equal to ten times the operation and maintenance charge applicable. The operation and maintenance component is equal to the annual charge set by the Government for irrigation water from the regulated section of the Logan River. 8.03 The minimum volume for which the capital component payment is to be made each year shall be 75 megalitres which shall be subject to review by the parties. 9. MEASUREMENT AND REPORTING OF WATER USE 9.01 The Consumer shall install and maintain in accurate working condition and at the Consumer’s expense, measuring devices to record the quantity of industrial water diverted from the Logan River. The types and locations of the measuring devices shall be subject to the approval of the

7 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 Corporation. 9.02 The Consumer shall furnish to the Brisbane District Office of the Department of Primary Industries particulars of the readings of the measuring devices at the end of each month to evidence the quantities of water diverted. 9.03 As and when required by the Corporation, the Consumer shall, at the Consumer’s expense, appoint a competent person approved by the Corporation to test the accuracy of such measuring devices and the Consumer shall, at the Consumer’s expense, adjust, repair or replace the measuring device as directed by the Corporation as a result of any such test. 9.04 If during any period that a measuring device is under repair or the Corporation is of the opinion that the measuring device is not registering or is registering incorrectly, the quantity of water diverted by the Consumer may be calculated by multiplying the estimated pump discharge, (determined from the pump characteristics as provided by the pump manufacturer and confirmed by work tests and the applicable pumping head), by the hours of pumping, or by other methods agreed upon. 9.05 Persons authorised by the Corporation may, from time to time, inspect the works provided by the Consumer to divert water from the Logan River and read the measuring devices. 10. NON–ACTIONABLE DEFAULT 10.01 Neither party shall be liable to the other for failure to comply with its obligations under this Agreement if such failure is due to:— (i) war, whether declared or undeclared, revolution or act of public enemies; (ii) riot or civil commotion; (iii) strike or lock-out or labour dispute; (iv) Act of God; (v) drought, flood, storm, tempest or washaway; (vi) act of restraint of Government;

8 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 (vii) happenings beyond the control of either party which could not reasonably have been foreseen by it and against which it could not reasonably have been expected to take precautions. PROVIDED THAT upon cessation of the said happenings which cause the failure, the party affected shall take all reasonable steps to resume with the least possible delay the performance of its obligations hereunder. 11. ARBITRATION OF DISPUTES 11.01 Any dispute arising out of or in connection with this agreement or as to the construction thereof or any failure to agree where agreement is required to be reached by the parties must be referred to the arbitration of a single arbitrator, mutually acceptable to each of the parties in accordance with and subject to the provisions of the Commercial Arbitration Act 1990 of the State of Queensland or any statutory amendment or re-enactment thereof for the time being in force. 12. COMMUNICATIONS 12.01 All notices, certificates, accounts, statements and communications hereunder (hereinafter called “communications”) must be in writing. 12.02 All communications required or permitted to be given under this agreement shall be sent by pre-paid ordinary post, by hand delivery or by facsimile transmission to: (a) (i) in the case of communications to A.J. Bush & Sons (Manufactures) Pty Ltd to:— PO Box 600 Beaudesert Qld 4285 Facsimile: [phone] Attention: David Kassalke (Manager) (ii) in the case of communications to the Corporation to:—

9 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 Department of Primary Industries Brisbane District Office GPO Box 2692 Brisbane Qld 4001 Facsimile: [phone] Attention: District Manager or such other addresses as may be agreed upon in writing from time to time by the parties hereto. (b) All communications will be deemed to have been duly given: (i) If posted, seven days after being deposited in the mail with postage pre-paid. (ii) If delivered, when delivered. (iii) If sent by facsimile transmission, only when the receiver has confirmed its receipt. 13. ENTIRE AGREEMENT 13.01 This agreement is made subject to the provisions of the WaterResourcesAct1989 and shall constitute the entire agreement between the parties and any alterations and amendments thereof shall be made in writing and signed by the parties. 13.02 The parties agree to meet their own costs relating to the preparation and execution of this agreement. 14. APPROVAL BY GOVERNOR IN COUNCIL 14.01 This agreement shall take effect (and shall not otherwise take effect) upon the Governor in Council by Order in Council approving that the Corporation supply water in accordance with the terms and conditions of this agreement.

10 Water Resources (A J Bush & Sons (Manufactures) Pty Ltd) SCHEDULE (continued) No. 336, 1994 IN WITNESS the parties have executed this agreement the day and year first appearing. Signed by PETER JOHN CHARLES BEVIN ,) of WATER RESOURCES , ) for and on behalf of the PRIMARY ) INDUSTRIES CORPORATION in the ) presence of: JULIE-ANNE MACPHERSON ) P.J.C. Bevin J. MacPherson Witness Signed by TREVOR J. CROSS on behalf of A.J. Bush & Sons (Manufactures) Pty Ltd, , ) ) C. R .Wilkinson Witness ENDNOTES 1. Made by the Governor in Council on 15 September 1994. 2. Notified in the Gazette on 16 September 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994