Template Notification Form A Notification under the Commonwealth Native Title Act 1993
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1 State Government Native Title Work Procedures Annexure 7.3 Chapter 7: Pro formas and Templates Template Notification Form A Notification under the Commonwealth Native Title Act 1993 To: Queensland South Native Title Services Ltd PO Box 10832, Adelaide Street Brisbane Q 4000 Date of Issue: 14 July 2014 SECTION OF NTA DEPARTMENT/AGENCY S24HA Dept of Natural Resources and Mines (DNRM) CONTACT NAME TELEPHONE NO FAX NO REFERENCE NO. 2014/ Teresa Furnell Teresa.furnell@dnrm.qld.gov.au An application has been received by DNRM for the following,~ri _ TYPE OF APPROVAL/S Extension to an existing Term Lease(area inclusion) UNDER WHAT STATE ACT Section 360A(d) of the Land Act 1994 The approval, if granted, will permitthe following activity to happen: NATURE OF ACTIVITY The footprint of Term Lease TL wil be increased by the area as shown on the attached DWG 14/088. The additional area will be utilised as a marine facility in conjunction with the existing lease, specifically a barge unloading pontoon. A clause will be included in the lease conditions to state that the lease is issued in accordance with the provisions of section 24HA of the Native Title Act 1993 and the nonextinguishment principles will apply to the added area. The above activity will be located within: 1Where your department/agency is applying for an approval under its own legislation, replace these words with - "An application has been made by this department/agency for the following approval:" Where your department/agency does not need to apply for an approval but has the power to do the act under legislation, replace these words with - "This department/agency proposes to carry out the following act:" NB. The words "Not Applicable"" should be written in the type of approval" box. 2Where your department/agency does not need to apply for an approval but has the power to do the act under legislation, replace these words with - "The act, if it proceeds, v^illcqj^&^te following:" Page 1 of 2
2 State Government Native Title Work Procedures Annexure 7.3 Chapter 7: Pro formas and Templates LOCATION OF ACTIVITY MAPS/PLANS NAME OF REGISTERED NATIVE TITLE CLAIMANT GROUP/S OR NAME OF REGISTERED NATIVE TITLE BODY CORPORATE NAME OF NATIVE TITLE REPRESENTATIVE BODY In the Brisbane River off Colmslie Road, Murrarie and adjoining Lot 3 RP Yugara/Yugarapul People (notice has also been sent to this group) Queensland South Native Title Services Ltd The activity, if approved, will commence only after notification and consideration of all comments. In addition, if approved, the activity will be approved for the following period of time:3 DURATION OF APPROVAL For the duration of the time that the area is leased. The current lease expires in 2038, but may be renewed. You are invited to comment upon the proposed future act outlined above. Any comments must be IN WRITING and must be received no later than 13 August Please send your comments to: Teresa Furnell Senior Land Officer Department of Natural Resources and Mines PO Box 1080 CabooltureQ4510 3Where your department/agencydoes not need to apply for an approval but has the powerto do the act under legislation, replace these words with - "The act, if it proceeds, will commence only after notification and consideration of all comments. In addition, the act, if it proceeds, will continue for the following period of time." The DURATION OF APPROVAL box heading should be replaced with "DURATION OF ACT". Page 2 of 2
3 DRAWING Shee! 1 Parish oftoombul if E gio@ F 1 ts&.^.brisbane-'* Land Referred To Shown Hereabouts abt 1.0 ha 861 SL11287 '-,'-' ':#* tyf//-;: srtl pp bfrtip 3 RP '/ ' / '/ 'i 'i "a, 11*5 RP 'I 'I 'I I 1 I' I I \ 1 I I II \ I \' I I <p 3 SP CQtMSL/B SP Parish of Bulimba sanfeflotrlb off (MJaoiniuVutJ Scale 1: ] mm Queensland Government Prepared by IPSWICH OFFICE RESOURCEASSESSMENT and INFORMATION SOUTH REGION DEPARTMENT OF NATURAL RESOURCES and MINES The State ofqueensland (Department ofnatural Resources &Mines) 1014 Basedata extracted from thedigital Cadastral Data Baseonthe12/ LAND REFERRED TO SHOWN PARISH: BULIMBA COUNTY: STANLEY LOCALITY: MURARRIE LOCALAUTH: CITY OF BRISBANE Compiledfrom:DCDBand sketch on tile Drawnby: NWF File Ref Case Id 2014/ MapRel: Z.a:e I405COM PROPOSAL Scale 1:2500 Planat A3 Paper Size DWG 14/088
4 "05' ' '26' ' 74.94h ' 40 MO 38 -A J * Tj >7 103 Tft%> >l 905 / ^E ;/ SP159308' ' \S120m2 38 KP mN r^; 16.83ha 25.5ha 1.766ha SP1078 FH i.002ha 2.164ha 2V2T0T328 IQp 00m p 1 STANDARD MAP NUMBER SmartMap HORIZONTAL DATUM:GDA94 ZONE:56 SCALE 1 : 5000 DCDB SUBJECT PARCEL DESCRIPTION CLIENT SERVICE STANDARDS PRINTED (dd/mm/yyyy) 11/07/2014 An External Product of SmartMap Information Services Based upon an extraction from the DigitalCadastral Data Base Lot/Plan Area/Volume Tenure 861/SL ha LANDS LEASE Local Government BRISBANE CITY Locality MURARRIE Pansn BULIMBA County STANLEY Segment/Parcel 18400/22 Users of the information recorded in this document (the Information) accept all responsibility and risk associated with the use of the Information and should seek independent professional advice in relation to dealings with property DespiteDepartmentofNaturalResources and Mines(DNRM)'s best efforts.dnrm makes no representations or warranties inrelation to the Information,and. to the extent permitted by law. exclude or limitallwarranties relating to correctness, accuracy, reliability, completeness or currencyand allliability forany direct,indirectand consequentialcosts, losses, damages and expenses incurredinanyway (including butnotlimitedtothat arisingfromnegligence)in connection with any use of or reliance on the Information For further information c artmap products visit Queensland Government (c) The State of Queensland, (Department of Natural Resources and Mines) 2014.
5 1S3"WS1"» '00-09 '10 1S3*06'33"170-27*26' ' >63l '51" "05"00" l09< L ' STANDARD MAP NUMBER SmartMap HORIZONTAL DATUMGDA94 ZONE:56 SCALE 1 : DCDB SUBJECT PARCEL DESCRIPTION CLIENT SERVICE STANDARDS PRINTED (dd/mm/yyyy) 11/07/2014 An External Product of SmartMap Information Services Based upon an extraction from the DigitalCadastral Data Base Lol/Plan 861/SL11287 Area/Volume 2 48ha Tenure LANDS LEASE Local Government BRISBANE CITY Locality MURARRIE Parish BULIMBA County STANLEY Segment/Parcel DCDB 10/07/2014 (Lots with an area less than 3000m' are not shown) Users of the information recorded in this document (the Information) accept all responsibility and risk associated with the use of the Information and should seek independent professional advice in relation to dealings with properly Despite Department of Natural Resources and Mmes(DNRM)'sbest efforts. DNRMmakes no representationsorwarrantiesinrelationtothe Information, and, to theextentpermittedbylaw. exclude or limit all warranties relating to correctness, accuracy, reliability, completeness or currency and allliability foranydirect,indirect andconsequential costs,losses,damages and expenses incurredinanyway (including butnotlimitedto thatansmg fromnegligence)in connection withany use of or reliance on the Information Forfurther informationon SmartMap products visit gov au/property/mapping/blinmap Queensland Government (c) The State of Queensland, (Department of Natural Resources and Mines) 2014.
6 INTERNAL CURRENT STATE TENURE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Search Date: 21/03/ :35 Title Reference: Date Created: 09/04/200! DESCRIPTION OF LAND Tenure Reference: TL 0/ LOT 861 CROWN PLAN SL11287 County of STANLEY Local Government: BRISBANE CITY Parish of BULIMBA Area: Ha. (ABOUT) No No No Land Description Forestry Entitlement Area Future Conservation Area Purpose for which granted: MARINE FACILITY TERM OF LEASE Term and day of beginning of lease Term: 30 years commencing on 08/02/2008 Expiring on 07/02/2038 REGISTERED LESSEE Dealing No: /09/2009 QUEENSLAND BULK TERMINALS PTY LTD A.C.N CONDITIONS For Internal Use Only - Not to be used for External Viewing Page 1/4
7 INTERNAL CURRENT STATE TENURE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Search Date: 21/03/ :35 Title Reference: Date Created: 09/04/2001 CONDITIONS A78 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10 (11 (12) The lessee must use the leased land for marine facility purposes only and comply with all lawful requirements of all relevant state and commonwealth agencies. This lease may be forfeited if not used for the purpose stated above. The annual rent must be paid in accordance with the Land Act The Parties acknowledge that GST may be payable in respect of a supply made under this lease. Where GST becomes payable in respect of a supply made under this lease, the State (lessor) may recover the GST from the lessee by increasing the consideration payable by the lessee to the State by an amount equal to that which the State is obliged to remit to the Commonwealth as GST on the supply and that amount may be recovered from the lessee as part of the money payable to the State under this lease. The State will upon request by the lessee, issue to the lessee a valid GST tax invoice in respect of any taxable supply made under this lease. (NOTE: For the purposes of this condition "GST" means the goods and services tax which results from the enactment of A New Tax System (Goods and Services Tax) Act 1999 and the related Acts which constitute the Commonwealth taxation reform (as amended from time to time)). The lessee must pay the cost of any required survey or re-survey of the leased land. The lessee must control pest plants and animals, on the leased land, in accordance with the Land Protection (Pest and Stock Route Management) Act 2002 and the Local Laws and requirements of the Brisbane City Council. The lessee has the responsibility for a duty of care, to take all reasonable and practicable measures to sustainably manage the leased land by conserving the physical, biological, productive and cultural values, either on the leased land or in areas affected by the management of the leased land. The lessee must ensure that the use and development of the leased land conforms to the Planning Scheme, Local Laws and requirements of the Brisbane City Council, binding on the lessee. The lessee must give the Minister administering the Land Act 1994, information about the lease, when requested. The lessee must not clear any vegetation on the leased land, unless in accordance with the Integrated Planning Act No compensation for improvements or developmental work is payable by the State at the forfeiture, surrender or expiry of the lease, but the lessee has the right to remove the lessee's moveable improvements within a period of three (3) months from the forfeiture, surrender or expiry of the lease, provided all money due by the lessee to the State on any account whatsoever has been paid, or be required to remove those improvements as specified in any further condition of lease. This lease is subject to the Land Act 1994 and all other relevant State and Commonwealth Acts. For Internal Use Only - Not to be used for External Viewing Page 2/4
8 INTERNAL CURRENT STATE TENURE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Search Date: 21/03/ :35 Title Reference: Date Created: 09/04/2008 CONDITIONS H126 The lessee must, at all times during the whole of the term of the lease, allow Maritime Safety Queensland free and unrestricted access to any navigational leads that are situated on or traverse the lease area. 166 The lessee indemnifies and agrees to keep indemnified the Minister administering the Land Act 1994, and the State of Queensland, (the "Indemnified parties") against all actions, suits, proceedings, claims, demands, costs, losses, damages and expenses ("Claim") arising out of or in any way connected to or resulting from the granting of this lease to the lessee or which is connected to or resulting from the lessees' use and occupation of the leased land (all of which are referred to as "the indemnified acts or omissions") save to the extent that the Claim arises as a result of any negligent act or omission of the Indemnified parties, however, any negligent act or omission of one of the Indemnified parties does not negate the indemnity to any of the other Indemnified party/ies. The lessee hereby releases and discharges the Indemnified parties from any Claim relating to the indemnified acts or omissions which may be made against the Indemnified parties. T31 The lessee must not in any way interfere with any navigation mark or light erected on the leased land. T32 The lessee must, to the satisfaction of the Regional Harbour Master, keep the sight line of any navigation leads which cross the leased land clear of obstructions. However, with the prior approval of the Regional Harbour Master, the lessee may make alternative arrangements for relocating any of the said leads. T33 The lessee must not allow any vessel moored within the leased land to be used as a permanent place for human habitation without the prior approval of the Regional Harbour Master. T34 The lessee must supply, install and maintain, at the lessees' expense, any navigation lights, buoys, marks and warning signs which the Regional Harbour Master considers necessary. T35 All works constructed in, on, over, through or across and below high water mark within the leased land must be maintained. T36 The lessee must at all times take the necessary precautions to ensure that all lights on or above the leased land are shielded to prevent glare or reflection which may interfere with safe navigation of surrounding waterways or with reasonable enjoyment of neighbouring properties. U44 The leased land must only be used in conjunction with the adjoining dry land parcel described as Lot 3 on RP U46 The lease is tied to the adjoining dry land parcel described as Lot 3 on RP and separate transfers are not allowed. For Internal Use Only - Not to be used for External Viewing Page 3/4
9 INTERNAL CURRENT STATE TENURE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Search Date: 21/03/ :35 Title Reference: Date Created: 09/04/200! ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Lease No COVENANT No /04/2008 at 12:28 restricts dealings over LOT 3 ON RP AND LOT 861 ON CP SL11287 Lodged at 12:28 on 28/04/2008 Recorded at 14:40 on 28/04/2008 ADMINISTRATIVE ADVICES - NIL UNREGISTERED DEALINGS - NIL Caution - Charges do not necessarily appear in order of priority ** End of Current State Tenure Search ** Information provided under section 34 Land Title Act(1994) or section 281 Land Act(1994) For Internal Use Only - Not to be used for External Viewing Page 4/4
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