Local Government (Robina Town Centre Planning Agreement) Bill 1992

Queensland LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) BILL 1992

Queensland LOCAL GOVERNMENT (ROBINA TOWN CENTRE PLANNING AGREEMENT) BILL 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3 Rezoning of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4 The planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Status of planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6 Amendment of planning agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7 Transfer of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8 Crown and constructing authorities not bound . . . . . . . . . . . . . . . . . . . . . . . . 18 9 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20 ROBINA TOWN CENTRE PLANNING AGREEMENT SECTION 1 STRUCTURE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 2 RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 3 OBLIGATIONS OF PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Obligations of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Obligations of Robina and Robina Properties . . . . . . . . . . . . . . . . . . . . . . . 26 Timing of Certain Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Modification of Obligations—Reduction in Shops . . . . . . . . . . . . . . . . . . . 27

2 Local Government (Robina Town Centre Planning Agreement) Bill Suspension of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Kerrydale Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Particular Obligations of Robina Properties . . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 4 BONDING, SECURITY AND RELEASE OF PLANS . . . . . . . . . . . . . . . . . 29 Statement of Intent—Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 General Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Form of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Review of Security Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Restoration of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Release of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Partial Release of Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Statement of Intent—Mode of Development . . . . . . . . . . . . . . . . . . . . . . . . 31 Sealing of Plans—Single Service District Basis . . . . . . . . . . . . . . . . . . . . . 32 Completion of Relevant Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Sealing of Plans—Multiple Service District Basis . . . . . . . . . . . . . . . . . . . 33 Default in completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Extensions of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Sealing of Plans—Robina Town Centre Core . . . . . . . . . . . . . . . . . . . . . . . 35 Development Control—Robina Town Centre Core . . . . . . . . . . . . . . . . . . . 36 Sealing of Plans—Management Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Restriction on Transfer of Management Lots . . . . . . . . . . . . . . . . . . . . . . . . 36 Earlier Sealing of Plans—Additional Security . . . . . . . . . . . . . . . . . . . . . . . 37 SECTION 5 DEFAULT BY ROBINA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Notice of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Reasonable Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Suspension of Time—Dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Council May Act in Public Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Council’s Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Application of Monies Received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

3 Local Government (Robina Town Centre Planning Agreement) Bill Council’s Rights of Recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Alternate Remedy—Direct Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Council’s Right to Enter Upon Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Time for Rectification by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SECTION 6 RELEASE OF ROBINA AND ROBINA PROPERTIES . . . . . . . . . . . . . . . 42 Completion of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Release in Other Circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 SECTION 7 SALE AND TRANSFER OF LAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Statement of Intent—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Statement of Intent—Major and Minor Obligations . . . . . . . . . . . . . . . . . . 43 Statement of Intent—Performance of Major Infrastructure Obligations . . . 44 Statement of Intent—Performance of Minor Obligations . . . . . . . . . . . . . . 44 Statement of Intent—Council’s Approach . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Sale and Transfer—Major Infrastructure Obligations . . . . . . . . . . . . . . . . . 45 Robina to Apply for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Application for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Sale and Transfer—Minor Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Application for Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Consent if Deed Submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Consent in Other Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Consent to Sale of Last Allotment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Conditions on Consent to Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Certificate as to Completion of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 49 Consent Not Required Where Obligations Satisfied . . . . . . . . . . . . . . . . . . 49 Definition of Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Single Deed Only Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 No Cost to Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Continuing Liability of Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

4 Local Government (Robina Town Centre Planning Agreement) Bill Release from Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 SECTION 8 SPECIFICATION AND MAINTENANCE OF WORKS . . . . . . . . . . . . . . . 51 Approval of Specification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Final Specification of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Time for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Notice of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Maintenance Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Council to Assume Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 No Release of Duty of Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 SECTION 9 INSPECTION OF WORKS BY THE COUNCIL . . . . . . . . . . . . . . . . . . . . . 54 Right of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 SECTION 10 SETTLEMENT OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Reference to Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Default of Joint Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Qualifications of Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Function and Powers of Expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Effect of Expert’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Application to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Powers of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Agreement that Expert’s Decision Final . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 SECTION 11 SUBSEQUENT APPROVALS TO BE CONSISTENT WITH THIS AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Scope of Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Limit on Power to Impose Further Conditions . . . . . . . . . . . . . . . . . . . . . . . 61 No Other Fetter on Subsequent Applications . . . . . . . . . . . . . . . . . . . . . . . . 61 Other Approvals to be Consistent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

5 Local Government (Robina Town Centre Planning Agreement) Bill SECTION 12 TRANSFERS OF LAND TO THE CROWN OR THE COUNCIL . . . . . . . 63 Required Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 SECTION 13 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Payment of Moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Waiver by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Waiver by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Notice of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Robina Project Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 SECTION 14 INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Relevant Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Statements of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Other Laws Apply Except where Inconsistent . . . . . . . . . . . . . . . . . . . . . . . 66 Schedules Part of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Plans, Tables, Drawings and Documents—Identification . . . . . . . . . . . . . . 66 Plans, Tables, Drawings and Documents—Open to Inspection . . . . . . . . . 67 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 FIRST SCHEDULE . . . . . . . . . . . . . . . . . . . 75 SECOND SCHEDULE . . . . . . . . . . . . . . . . 78 PART 1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Rezoning Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Master Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Deficiencies in Existing Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Required Method of Development Control . . . . . . . . . . . . . . . . . . . . . . . . . 79

6 Local Government (Robina Town Centre Planning Agreement) Bill Areas and Precincts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Stages of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Earthworks Zones and Service Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Importance of Identifying Zones and Districts . . . . . . . . . . . . . . . . . . . . . . 82 PART 2 PLANNING INTENTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Regional Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Planning Concepts and Intentions—Structure Plan . . . . . . . . . . . . . . . . . . . 85 Planning Concepts and Intentions—Master Plan . . . . . . . . . . . . . . . . . . . . . 86 Intent of the Structure Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Public Transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Open Space and Pathways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Landscape/Townscape Design and Siting Controls . . . . . . . . . . . . . . . . . . . 91 Innovative Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 PART 3 ROADS AND ROADWORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Road Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Acceptance by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Reliance on Network by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Acquisition of External Road Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Robina Not Responsible for Additional Costs . . . . . . . . . . . . . . . . . . . . . . . 94 Robina’s Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Interpretation of Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Special Provision—Mudgeeraba Interchange Connection . . . . . . . . . . . . . 95 Suspension of Certain External Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 96 Suspension of Certain Internal Obligations . . . . . . . . . . . . . . . . . . . . . . . . . 97 Planning for Additional Interchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 General Construction Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 No Other External Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

7 Local Government (Robina Town Centre Planning Agreement) Bill Integrated Roadside Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Provision for Signalisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 PART 4 WATER SUPPLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Ordinary Rates of Headworks Charge Applicable . . . . . . . . . . . . . . . . . . . 101 Time for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Application of Headworks Policy to Golf Course . . . . . . . . . . . . . . . . . . . 101 Calculation of Equivalent Population (non-residential) . . . . . . . . . . . . . . 101 Development Entitlement (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . 102 Additional Headworks (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Calculation of Equivalent Population (residential) . . . . . . . . . . . . . . . . . . 103 Development Entitlement (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Additional Headworks (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 No Refund of Contributions Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Regional Context—Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Construction by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 No Plans to be Sealed until Water Available . . . . . . . . . . . . . . . . . . . . . . 105 Mode of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Specific Timing of Certain Construction . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Headworks Credits for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Credits Carried Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Administration of Moneys Payable and EPC . . . . . . . . . . . . . . . . . . . . . . . 107 When Credit Arises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Population Distribution Indicative Only . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Alternate Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Grant of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 PART 5 SEWERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

8 Local Government (Robina Town Centre Planning Agreement) Bill Ordinary Rates of Headworks Charge Applicable . . . . . . . . . . . . . . . . . . . 110 Time for Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Application of Headworks Policy to Golf Course . . . . . . . . . . . . . . . . . . . 110 Calculation of Equivalent Population (non-residential) . . . . . . . . . . . . . . 110 Development Entitlement (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . 111 Additional Headworks (non-residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Calculation of Equivalent Population (residential) . . . . . . . . . . . . . . . . . . 112 Development Entitlement (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Additional Headworks (residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 No Refund of Contributions Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Regional Context—Sewerage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Construction by Robina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 No Plans to be Sealed until Sewerage Available . . . . . . . . . . . . . . . . . . . 114 Mode of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Headworks Credits for Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Credits Carried Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Administration of Moneys Payable and EPC . . . . . . . . . . . . . . . . . . . . . . . 116 When Credit Arises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Population Distribution Indicative Only . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Alternate Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Grant of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 PART 6 PARKS—OPEN SPACE—PATHWAYS/BIKEWAYS AND LANDSCAPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Provision of Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Partial Satisfaction by Certain Required Transfers . . . . . . . . . . . . . . . . . . 118 Development of Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Pedestrian/Bikeway Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Pedestrian Bikeway Construction Requirements . . . . . . . . . . . . . . . . . . . . 119 Highway Buffer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Community Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

9 Local Government (Robina Town Centre Planning Agreement) Bill Plan of Balance Open Space Requirement . . . . . . . . . . . . . . . . . . . . . . . . 120 Amendment of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Dedication of Balance Open Space Requirement . . . . . . . . . . . . . . . . . . . 121 Open Space Not to be Dealt With . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Requirements Exhaustive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Prohibition on Further Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 PART 7 WATERWAYS AND WEIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Merrimac Drainage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Definitions and Specification of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Widening of Mudgeeraba Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Disposal of Spoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Land Transfer and Easement Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Resumption of Waterways Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Specifications—Waterways and Water Bodies . . . . . . . . . . . . . . . . . . . . 125 Timing and Staging of Earthworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Standards of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Control of Erosion/Siltation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Bridge, Weir and Lock Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Robina Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Height of Mudgeeraba Creek Bridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Robina To Carry Out Additional Work in Certain Circumstances . . . . . . 128 PART 8 COMMUNITY FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Lease of Public Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Terms of Public Library Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Lease of Community Centre—Council’s Notice . . . . . . . . . . . . . . . . . . . . 130 Lease of Community Centre—Robina’s Notice . . . . . . . . . . . . . . . . . . . . 130 Terms of Community Centre Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Failure to Agree . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Operation of Community Centre/Library . . . . . . . . . . . . . . . . . . . . . . . . . . 132

10 Local Government (Robina Town Centre Planning Agreement) Bill PART 9 PLAN OF DEVELOPMENT—ROBINA TOWN CENTRE CORE . . . . . . 133 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Section 1 Intent of the Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Relation to Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Role of Robina Town Centre Core . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Section 2 Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Permissible Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Prohibited Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Environmental Impact Assessment Required . . . . . . . . . . . . . . . . . . . . . . . 136 Section 3 Vehicle Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Principles, Guidelines and Planning Requirements . . . . . . . . . . . . . . . . . . 136 Parking Need Assessment for each Precinct . . . . . . . . . . . . . . . . . . . . . . . 139 Off-Site Parking Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Acceptance of Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Building Not to be Used Unless Spaces Provided . . . . . . . . . . . . . . . . . . 140 Off-site Spaces must be Maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Commercial Parking Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Development of Car Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Section 4 General Development Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Exclusion of clause 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Development Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Relaxation Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Toilet Facilities/Parent’s Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

11 Local Government (Robina Town Centre Planning Agreement) Bill Design of Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Building Heights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Urban Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Section 5 Final Development Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Final Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Requirements for Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Requirements for Concept Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Consideration of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Ground for Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Conditions Run with Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Consideration of Building Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Certificate of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Section 6 Variation of Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Power to Vary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 PART 10 DEVELOPMENT REQUIREMENTS—SPECIAL BUSINESS ZONE . . . 149 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Vehicle Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 General Development Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Concept Plans to Form Part of Application . . . . . . . . . . . . . . . . . . . . . . . . 150 Additional Matters for Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Power and Ground of Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Building Approvals to be Consistent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 PART 11 DEVELOPMENT REQUIREMENTS—KERRYDALE LAND . . . . . . . . . 152 Statement of Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

12 Local Government (Robina Town Centre Planning Agreement) Bill Kerrydale Plan of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Kerrydale Development Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Detailed Approval Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Requirements for Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Requirements for Concept Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Consideration of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Decision on Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Ground for Refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Conditions of Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Conditions Run with Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Consideration of Building Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Certificate of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 PART 12 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Public Transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Construction Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Precincts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Earthworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Removal of Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Preservation of Historic Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Downstream Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Service Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Environmental Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Reclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Record of Reclamation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Calculation of Reclamation Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 PART 13 OBLIGATIONS OF COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Support for Elements and Objectives of Agreement . . . . . . . . . . . . . . . . . 165 Support for Innovation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

13 Local Government (Robina Town Centre Planning Agreement) Bill Best Endeavours to Secure Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Performance of Work by Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Council’s Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Performance of Work by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Securing Road Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Sewerage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Mudgeeraba Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Surrender of Easements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Enforcement of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Community Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Provision of Services and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Use of Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Road Opening and Closure—Christine Avenue . . . . . . . . . . . . . . . . . . . . . 168 Negotiations with Department of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Change of Place Name of Combined Site . . . . . . . . . . . . . . . . . . . . . . . . . 169

1992 A BILL FOR An Act to provide for the approval of an agreement relating to the planning and development of certain land at Robina in the Shire of Albert, and for other purposes

16 Local Government (Robina Town Centre Planning Agreement) Bill BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. ˙ Short title Clause 1. This Act may be cited as the Local Government (Robina Town Centre Planning Agreement) Bill 1992 . ˙ Definitions Clause 2. In this Act— “existing planning scheme” means the scheme that, for the purposes of the Local Government (Planning and Environment) Act 1990 , was the planning scheme for the Shire of Albert immediately before the commencement of this Act; “planning agreement” means— (a) the Robina Town Centre Planning Agreement— (i) that was made between Robina Land Corporation Pty Ltd ACN 010 159 387 ( “Robina” ), Robina Properties Pty Ltd ACN 010 147 038 ( “Robina Properties” ) and the Council of the Shire of Albert (the “Council” ) on 18 September 1992; and (ii) a copy of which is set out in the Schedule (other than the zoning plan identified as Drawing No. 8951 B, which is held, and may be inspected, at the office of the Council, and is reproduced in the Schedule in a modified form); or (b) if the agreement mentioned in paragraph (a) is amended by a further agreement approved by the Governor in Council by regulation— the agreement as so amended; “site” means the land referred to in Parts 1 and 2 of the First Schedule of the planning agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

17 Local Government (Robina Town Centre Planning Agreement) Bill ˙ Rezoning of land Clause 3. The land referred to in Part 1 of the First Schedule of the planning agreement is— (a) excluded from its zoning under the existing planning scheme; and (b) included in the zones referred to in Part 4 of the First Schedule of the planning agreement, as provided for in that Part. ˙ The planning agreement Clause 4. Each party to the planning agreement, so far as the planning agreement applies to the site— (a) is taken to have been authorised to enter into the planning agreement; and (b) may do anything the planning agreement authorises it to do; and (c) must do everything that it is required to do under the planning agreement. ˙ Status of planning agreement Clause 5.(1) The planning agreement, so far as it applies to the site, has the force of law. (2) From the commencement of this Act, for the purposes of the Local Government (Planning and Environment) Act 1990 , the planning scheme for the Shire of Albert applicable to the site consists of— (a) subject to subsection (3), the existing planning scheme; and (b) the planning agreement. (3) If there is an inconsistency between the planning agreement and— (a) the existing planning scheme; or (b) a by-law made by the Council of the Shire of Albert (whether before or after the commencement of this Act); or (c) the Local Government (Planning and Environment) Act 1990 as in force at the commencement of this Act; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

18 Local Government (Robina Town Centre Planning Agreement) Bill (d) the Building Act 1975 as in force at the commencement of this Act; the planning agreement prevails to the extent of the inconsistency. (4) To remove any doubt, it is declared that, if the existing planning scheme is amended or superseded after the commencement of this Act, the amendment or the superseding scheme does not apply to the site. ˙ Amendment of planning agreement Clause 6.(1) In this section— “further agreement” means a further agreement mentioned in paragraph (b) of the definition “planning agreement”. (2) The requirements of the Local Government (Planning and Environment) Act 1990 that apply up to, but not including, the giving of approval by order in council if a local authority proposes to amend a planning scheme apply in respect of a further agreement that is proposed to be submitted to the Governor in Council for approval by regulation. ˙ Transfer of land Clause 7.(1) A person who becomes the registered proprietor of land in the site is, with respect to the land, bound by the planning agreement as if the person had become a party to the agreement instead of Robina and Robina Properties. (2) Subsection (1) does not affect the operation of a provision of the planning agreement that applies only to a person who becomes the registered proprietor of land in the site. Example —Subsection (1) does not affect the operation of a provision of the planning agreement that requires a subsequent purchaser of land in the site to lodge security additional to that which would have been required from Robina or Robina Properties. ˙ Crown and constructing authorities not bound Clause 8. Nothing in this Act or the planning agreement binds— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

19 Local Government (Robina Town Centre Planning Agreement) Bill (a) the Crown; or (b) a constructing authority (within the meaning of the Acquisition of Land Act 1967) in relation to its acquisition and use of land in the site. ˙ Regulations Clause 9. The Governor in Council may make regulations for the purposes of this Act. 1 2 3 4 5 6 7

20 Local Government (Robina Town Centre Planning Agreement) Bill ¡ SCHEDULE † ROBINA TOWN CENTRE PLANNING AGREEMENT THIS AGREEMENT is made the 18th day of September 1992 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 (hereinafter 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 (hereinafter called “Robina Properties”) AND COUNCIL OF THE SHIRE OF ALBERT of Nerang-Southport Road Nerang in the State of Queensland (hereinafter called “the Council”) † SECTION 1 ´ STRUCTURE OF AGREEMENT 1. This Agreement is divided into the following sections and parts:— Section 1 (Cl. 1) Structure of Agreement Section 2 (Cl. 2) Recitals Section 3 (Cl. 3–9) Obligations of Parties Section 4 (Cl. 10–27) Bonding, Security and Release of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Section Section Section Section Section Section Section Section Section Section 21 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 5 (Cl. 28–37) 6 (Cl. 38–39) 7 (Cl. 40–61) 8 (Cl. 62–68) 9 (Cl. 69) 10 (Cl. 70–78) 11 (Cl. 79–82) 12 (Cl. 83) 13 (Cl. 84–92) 14 (Cl. 93–99) Plans Default by Robina Release of Robina and Robina Properties Sale and Transfer of Land Specification and Maintenance of Works Inspection of Works by the Council Settlement of Disputes Subsequent Approvals to be Consistent with this Agreement Transfers of Land to the Crown or the Council General Interpretation THE FIRST SCHEDULE Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Description of the subject land Description of the Kerrydale Land Present Zone Proposed Zone Description of Robina Town Centre Core Plan of Combined Site THE SECOND SCHEDULE Part 1 Introduction 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Part 11 Part 12 Part 13 22 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) Planning Intentions Roads and Roadworks Water Supply Sewerage Reticulation Parks, Open Space, Pathways, Bikeways and Landscaping Waterways and Weirs Community Facilities Plan of Development—Robina Town Centre Core Development requirements—Special Business Zone Development requirements—Kerrydale Land General Obligations of Council 1 2 3 4 5 6 7 8 9 10 11 12

23 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 2 ´ RECITALS 2. WHEREAS:– 2.1 Robina and Robina Properties are between them the registered proprietors of an estate in fee simple in all that land more particularly described in Part 1 of the First Schedule (“the subject land”) and Part 2 of the First Schedule (“the Kerrydale land”); 2.2 Robina proposes to develop the subject land as a regional business, commercial and community centre over an extended period estimated at 25 years; 2.3 The Kerrydale land is zoned to permit its development as a golf course, hotel, accommodation units and public open space and Robina proposes, at the Council’s request, to integrate its development with the development of the subject land; 2.4 It is Robina’s intention that substantial elements of the final development on both parcels of land (“the combined site”) be carried out by others on allotments subdivided from the combined site and acquired from Robina; 2.5 The nature of Robina’s proposal is such that while the major infrastructure requirements to service it can be particularised and specified with the required level of detail and certainty, the details of the final form of the development are not able to be specified except in terms of:— 2.5.1 statements of planning intent describing the proposed development in terms of uses to be undertaken, facilities to be provided, objectives to be achieved and the planning and social character of the final development; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

24 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 2.5.2 concept plans containing illustrations or examples of how the statements of intent might be implemented; 2.6 The proposal has been the subject of a public notice process and the public has had the opportunity to comment on or object to the development; 2.7 Following that process, the Council considers that, in the public interest, the development ought to be supported; 2.8 The timing, order of development and final form of each part of the development (and hence the development as a whole) will depend upon market demand and related commercial and financial factors; 2.9 Accordingly, the approval and development control process required to allow the development to proceed while safeguarding the public interest in securing orderly and properly serviced development involves:— 2.9.1 the imposition of legally enforceable obligations securing provision by Robina of the necessary infrastructure; 2.9.2 the provision of certainty to Robina as to the scope and limit of those obligations; 2.9.3 ensuring that, in exchange for assuming those obligations, Robina is given a legally effective approval to carry out the whole of the development; 2.9.4 implementing a secondary planning approval process for each part of the final development by which the Council can ensure, in the public interest, that each final development proposal is serviced by the necessary infrastructure and is consistent with the statements of intent; 2.10 The Local Government (Planning and Environment) Act 1990 does not provide a means or framework by which that process may be implemented (though the mechanisms under that Act for exclusion of land from its existing zone 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

25 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) and including it in another zone appropriate to a development proposal, for obtaining the consent of the Council to use land for particular purposes, for notification of conditions of permitted development and for obtaining approval to subdivide land are relevant to the proposed development and have a role to play in the overall process); 2.11 The parties have accordingly determined to enter into an Agreement for the purpose of establishing the required process in contemplation the legal power so to do being conferred on them by enabling legislation and in contemplation of that legislation excluding the subject land from the present zone and including it in the proposed zone, the parties therefore now enter into this Agreement for the purposes aforesaid and acknowledge, undertake and agree as follows. 1 2 3 4 5 6 7 8 9 10 11 12 13 14

26 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 3 ´ OBLIGATIONS OF PARTIES ´ Obligations of Council 3. Upon the subject land being excluded from the present zone and included in the proposed zone and this Agreement having the force of law, the Council must do all things which by this Agreement it has undertaken to do within the period or periods set forth in this Agreement. ´ Obligations of Robina and Robina Properties 4. Upon the subject land being excluded from the present zone and included in the proposed zone and this Agreement having the force of law, Robina and Robina Properties must do all things which by this Agreement each has undertaken to do within the period or periods set forth in this Agreement. ´ Timing of Certain Obligations 5. Without limiting the generality or plain meaning of clause 4, it is acknowledged by the Council that, except to the extent (if any) otherwise specifically and unequivocally set forth in this Agreement:— 5.1 obligations to carry out works which are to be provided in conjunction with or by the commencement of the use of Stage 1 are not required to be completed any earlier than the time of completion of Stage 1; 5.2 if Robina commences development in any Service District other than the Service District/s which contain/s Stage 1, Robina’s only obligations hereunder are to perform the relevant obligations (Service District) associated with that Service District. To avoid any doubt, this clause does not operate to bring forward the time for completion of any obligations in respect of which a later 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

27 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) date or time for performance has been specified or which are contemplated to be completed subsequent to completion of Stage 1. ´ Modification of Obligations—Reduction in Shops 6. If the major shopping development in Stage 1 is proposed to have a net lettable shop floor area of less than 40,000 square metres at the time a certificate of classification for the first shop building is issued, then the Council must determine the extent to which the obligations otherwise required to be performed by the completion of Stage 1 should be modified or postponed as a consequence of the proposed reduction in the net lettable shop floor area of the major shopping development. ´ Suspension of Obligations 7. Where any of Robina’s obligations cannot be performed until the occurrence of another event or act to be performed by the Council or third parties, then notwithstanding any other requirement as to time for performance of the obligation, but subject to any specific provision to the contrary elsewhere herein:— 7.1 the obligation is not required to be performed until the occurrence of that event or act; 7.2 where performance of the obligation is a precondition of Robina being entitled to a right or benefit under this Agreement, the performance of the obligation by that time is no longer a precondition of that right or benefit; and 7.3 the obligation must be performed by Robina upon the occurrence of the event or act. ´ Kerrydale Land 8. It is agreed that:-— 8.1 the provisions of this Agreement extend to and apply to the Kerrydale land; 8.2 the requirements which would otherwise apply to the development of the Kerrydale land by virtue of its rezoning pursuant to the Council’s approval of Rezoning Application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

28 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 2061 are modified by this Agreement in that:— 8.2.1 the requirements set out in Part 11 of the Second Schedule are those which must be performed specifically in relation to development of the Kerrydale land in consequence of its rezoning pursuant to Rezoning Application 2061 (in lieu of the conditions originally imposed by the Council on its approval of that application); 8.2.2 the other obligations and requirements in relation to development of the Kerrydale land for the purposes permitted by its rezoning are those contained in this Agreement which relate or are capable of relating to the Kerrydale land. ´ Particular Obligations of Robina Properties 9. Upon the subject land being excluded from the present zone and included in the proposed zone and this Agreement having the force of law, Robina Properties must:— 9.1 at all times thereafter allow Robina and the Council full, free and uninterrupted right and liberty to enter upon all parts of the combined site owned by it for the purpose of enabling either of those parties to undertake, carry out, provide and do or cause to be undertaken, carried out, provided and done any work matter or thing which either may be required or authorised so to do under this Agreement or otherwise under any approval or law relating to the proposed development in accordance with or as contemplated by this Agreement; and 9.2 thereafter be bound by the provisions of Section 7 hereof in respect of any transfer of land owned by it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 4 ´ BONDING, SECURITY AND RELEASE OF PLANS ´ Statement of Intent—Security 10. It is acknowledged to be the common intent of the parties with respect to the provision of security for performance by Robina of its obligations hereunder that:— 10.1 Robina must lodge and maintain a security (to the initial value of $750,000.00) as a general and continuing security for the performance of all its obligations and the obligations of Robina Properties hereunder; 10.2 given that Robina and Robina Properties intend to sell parts of the combined site as separate parcels to third parties, the Council regards its ability under this Agreement and otherwise at law to withhold sealing and/or release of plans of subdivision until performance of relevant obligations by Robina and Robina Properties as being (with the said security) a sufficient means by which to secure performance of those obligations; 10.3 accordingly, Robina will not generally be required to lodge further security for performance of its obligations; 10.4 the Council holds the view set out in clause 10.2 only while Robina remains solely responsible for performance of those obligations and will not necessarily hold the same view once ownership of the combined site is fragmented and the Council is dealing with a multiplicity of obligated persons. Accordingly, other parties may be required to lodge further security upon a transfer of obligations in accordance with Section 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

30 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) ´ General Bond 11. To give effect to clause 10.1 and to secure to the Council the due performance and fulfilment by Robina of its obligations under this Agreement and under subsequent applications, Robina will obtain at Robina’s own cost and expense in favour of the Council and deposit with it on the execution hereof a bond in a form approved by the Council (“the General Bond”) granted by a bank or financial institution (“the obligor”) approved in writing by the Council providing for the payment to the Council by the obligor of the sum of $750,000.00 or so much thereof as shall be owing or payable by Robina under this Agreement. ´ Form of Security 12. The General Bond must:— 12.1 provide for the payment of the bonded amount or part thereof at any time or times forthwith upon receipt by the obligor of a certificate signed by the Shire Clerk that a sum of money to be set out therein is payable by Robina to the Council pursuant to the provisions of this Agreement; and 12.2 otherwise contain such terms and conditions as are reasonable and relevant. ´ Review of Security Amount 13. The amount for which the General Bond is security may, at the election of the Council, be adjusted at intervals of not less than five years commencing from the date of this Agreement. The adjusted bond amount shall be that amount which bears the same proportion to $750,000.00 as the Consumer Price Index figure (All Groups—City of Brisbane) for the December quarter prior to the adjustment date bears to 213.8 being that figure for the December quarter 1991. Robina must cause the amount of the General Bond to be adjusted within thirty (30) days of the Council exercising its rights under this clause. ´ Restoration of Security 14. In the event that any part of the General Bond is estreated by the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

31 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) Council hereunder, Robina will, if required by the Council and within thirty (30) days of receipt of notice in that behalf, take such action as is necessary to restore the amount for which it is effective as security to the sum of SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($750,000.00) or such other sum as is required having regard to any application of clause 13 and/or clause 16. ´ Release of Security 15. Upon Robina performing and fulfilling its obligations under this Agreement, the Council must within fourteen (14) days thereafter release and discharge the obligor(s) from any bonds. ´ Partial Release of Security 16. In the event that at any time the Engineer’s estimate of the fair estimated cost of completing the works remaining to be performed or completed by Robina (including 5% of the value of any works in respect of which a defects liability period is current) is less than the amount for which the General Bond is effective as security, the Council must within fourteen (14) days after a request by Robina in that behalf certify in writing to that effect and immediately thereupon the amount for which the General Bond is effective as security is reduced to the amount of the Engineer’s estimate. ´ Statement of Intent—Mode of Development 17. Robina may from time to time elect to:— 17.1 carry out the proposed development on a single Service District by single Service District basis in which event it is entitled to the sealing and release of plans of subdivision within the one Service District under development upon request and at any time but is obliged to fully complete construction of all subdivision works and infrastructure to service the Service District before being entitled to release of any plans in another Service District proposed to be developed (“Single Service District basis”); or 17.2 carry out the proposed development by commencing and carrying out work in more than one Service District at the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

32 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) same time, with development in those Service Districts not necessarily being sequential to previously completed Service Districts or other Service Districts under development, in which event plans of subdivision will not be sealed and released until Robina has substantially completed all subdivision works and infrastructure relevant to the subdivision concerned (“Multiple Service District basis”). Having made an election, Robina may at any time and from time to time elect the other alternative. If it elects to proceed on a Single Service District basis at a time when there are Service Districts not then completed, its election is not effective until such time as all then outstanding relevant obligations (Service District) have been completed. ´ Sealing of Plans—Single Service District Basis 18. If Robina elects to carry out the proposed development on a Single Service District basis, then, while such election is extant, plans of subdivision (except the last plan of subdivision) comprising land within a single Service District will be sealed and released by the Council upon request by Robina prior to the relevant obligations (Service District) being performed (but otherwise subject to compliance with all relevant legislation and by-laws), and without any further security being provided, but:— 18.1 the last plan of subdivision will not be sealed and released until all relevant obligations (Service District) for the Service District under development have been completed; 18.2 no plans of subdivision (other than those containing only management lots) will be sealed and released in respect of any other Service District until those relevant obligations (Service District) have been completed. ´ Completion of Relevant Obligations 19. If Robina carries out development on a Single Service District basis, it must carry out development of that Service District progressively and continuously and must complete the relevant obligations (subdivision) in respect of all land contained within a plan of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

33 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) subdivision which has been sealed and released within a reasonable time after release of the plan. ´ Sealing of Plans—Multiple Service District Basis 20. If Robina elects to carry out the proposed development on a Multiple Service District basis, then, while such election is extant, plans of subdivision will be sealed and released by the Council prior to performance of the relevant obligations (subdivision) being complete (but otherwise subject to compliance with all relevant legislation and by-laws) and without any further security being provided, but only where:— 20.1 the land comprised in the plans:— 20.1.1 has, or will upon completion of those obligations have, constructed access to a dedicated and constructed arterial and/or collector road; and 20.1.2 is within the catchment area of completed waterworks and completed sewerage works (as defined in Parts 4 and 5 of the Second Schedule); 20.2 performance of those obligations has reached the stage where:— 20.2.1 major earthworks have been completed; 20.2.2 sewers, water mains, and stormwater drains are installed; and 20.2.3 roads have been boxed out, all in accordance with drawings approved under Section 8; 20.3 a registered surveyor or appropriate consultant has certified that:— 20.3.1 works then completed are in accordance with approved drawings; 20.3.2 contracts for the work necessary to complete the relevant obligations (subdivision) have been let; and 20.3.3 all works are contracted to be completed by a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

34 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) nominated date within not more than three (3) months; and 20.4 Robina has paid headworks contributions (if any) or other moneys payable hereunder in respect of that subdivision. ´ Default in completion 21. In the event that plans of subdivision are sealed and released pursuant to clause 20 and the relevant obligations (subdivision) in respect of land included in such plans of subdivision are not completed by the nominated date then:— 21.1 the Council may give Robina notice requiring the works to be completed within twenty-one days from the date of issue of the notice; 21.2 subject to clause 22, in the event that the requirements of that notice are not complied with within the specified period:— 21.2.1 Robina is deemed for all purposes to be in default with respect to the completion of the relevant works and the provisions of Section 5 may be applied by the Council accordingly as though the notice contemplated by clause 28 had been given; and 21.2.2 the Council is not obliged to release any further plans of subdivision relating to any part of the combined site prior to completion of the relevant obligations (subdivision) in respect of which default was made. ´ Extensions of Time 22. Despite clauses 20 and 21, in the event that Robina is unable to complete the relevant obligations (subdivision) within the time referred to in clause 20.3.3 or, as the case requires, clause 21.1, due to circumstances beyond its control, Robina may apply to the Council for an extension of either of those periods of time and the Council must, if it is satisfied on the balance of probabilities that the failure to complete within the specified time was due to circumstances beyond the control of Robina, grant an extension of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

35 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) time at least equal to the period of delay caused by those circumstances. ´ Sealing of Plans—Robina Town Centre Core 23. Clauses 17 to 22 (other than 21.2.2) do not apply to the sealing and release of plans of subdivision of land in the Robina Town Centre Core. The following provisions apply to the sealing and release of such plans:— 23.1 despite section 5.8(1) of the Act, but subject to clause 23.2 and to compliance with all (other) relevant legislation and by-laws, the Council will seal and release plans of subdivision of land within the Robina Town Centre Core prepared for the purpose of defining sites for particular components of the proposed development, prior to performance of all works required by this Agreement to be completed prior to the completion of Stage 1 and prior to the performance of all relevant obligations (Service District) within the Service District of which the land comprised in that plan of subdivision forms part, without any further security being provided; 23.2 a plan must not be sealed and released pursuant to clause 23.1 if it provides for the dedication of any land comprised therein as road, other than a major infrastructure road shown on Plan 2/3/1; 23.3 a plan may be sealed and released if it shows land intended as a road as a lot or lots (or as a balance area) but only if an access restriction strip is provided along the full frontage of that lot or lots (or balance area) to any existing road with which it or they will ultimately connect; 23.4 an access restriction strip referred to in clause 23.3 must be transferred to the Council on trust for town planning purposes to be dedicated as a road upon completion of the relevant obligations (Service District) for each of the Service Districts comprising Stage 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

36 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) ´ Development Control—Robina Town Centre Core 24. The Council is not obliged to:— 24.1 issue a certificate of classification for any building erected within the Robina Town Centre Core; or 24.2 consent to, seal or release:— 24.2.1 a plan of subdivision containing a dedication of land within the Robina Town Centre Core as road; or 24.2.2 a request to register a road dedication in respect of land within the Robina Town Centre Core, other than for a major infrastructure road as shown on Plan 2/3/1; or 24.3 dedicate as road an access restriction strip referred to in clause 23.3, until Robina has completed the relevant obligations (Service District) for each of the Service Districts comprising Stage 1. ´ Sealing of Plans—Management Lots 25. Clauses 17 to 22 do not apply to the sealing and release of plans of subdivision creating only management lots. The following provisions apply to the sealing and release of such plans:— 25.1 subject to clause 21.2.2, the Council must upon request by Robina seal and release plans of subdivision creating only management lots without requiring the relevant obligations in relation to the land therein to have been performed or fulfilled; 25.2 if a management lot is contained within a plan of subdivision consisting of more than one allotment, then the Council will not require the performance of relevant obligations in relation to the land comprising the management lot. ´ Restriction on Transfer of Management Lots 26. A management lot must not be transferred by Robina without the consent of Council, which consent may be withheld until all relevant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

37 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) obligations (subdivision) with respect to the land contained within that lot have been performed, except in respect of a management lot which is to be transferred to the Crown or to the Council as required by this Agreement. ´ Earlier Sealing of Plans—Additional Security 27. Despite anything in this Section, Robina may request the Council to seal and release a plan of subdivision at a time or stage earlier than contemplated under this Agreement and so long as:— 27.1 the Council is satisfied that it holds sufficient security (whether under the General Bond or by reason of the provision of additional security by Robina) for the performance of the relevant obligations (subdivision) in respect of the land comprised in such plan; 27.2 a time for performance of the relevant obligations (subdivision) is specified in this Agreement, fixed by law or otherwise agreed; and 27.3 Robina is not in default in the performance of any obligation under this Agreement then due for performance, then the Council may comply with Robina’s request. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

38 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 5 ´ DEFAULT BY ROBINA ´ Notice of Default 28. In the event that the Council considers that Robina has failed to perform and fulfil an obligation under this Agreement, it may give notice in writing to Robina, giving full particulars of the matters in respect of which it considers default has occurred and by such notice require the default to be remedied within a reasonable time not being less than 21 days. ´ Reasonable Time 29. In determining a reasonable time, regard must be had to both the nature of the default and the work or other action required to remedy it, weather, availability of labour, plant and/or equipment, strikes and whether or not the continuation of the default constitutes or causes a public nuisance or raises other circumstances of urgency or emergency. ´ Suspension of Time—Dispute 30. If Robina, as it is entitled to do, refers the notice to the Expert or the Court under Section 10, Robina’s obligation to comply with such a notice is suspended and the Council is not in respect thereof entitled to take any further action or to estreat the General Bond or any other security. The time for compliance (if any) with such notice does not commence to run until Robina has received notice in writing of the Expert’s or Court’s decision. ´ Council May Act in Public Interest 31. Despite a suspension of Robina’s obligations pursuant to clause 30, the Council may, if in its reasonable opinion circumstances involving a significant threat to or interference with public safety or convenience so warrant, carry out (at its initial cost) such of the work as it alleges is Robina’s responsibility and as is necessary to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

39 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) remedy the threat or interference in which event such of the costs incurred by the Council (if not the whole) as relate to work which is ultimately found by the Expert or the Court to be Robina’s responsibility in accordance with the Council’s notice:— 31.1 may be recovered from the obligor under the General Bond; and/or 31.2 may be recovered from Robina as a liquidated debt. ´ Council’s Remedies 32. Should Robina fail to perform and fulfil its obligations as specified in any notice (or any notice amended after reference to the Expert or the Court), the Council may, at its option, forthwith recover from Robina as a liquidated debt or forthwith recover from the obligor pursuant to the General Bond or recover partly from one and partly from the other, the following amounts:— 32.1 the whole of the moneys then due to the Council and not paid by Robina; 32.2 such sum as the Engineer certifies as representing the fair estimated cost of:— 32.2.1 completing works not performed or completed by Robina (including any works performed or to be performed by the Council, the cost of which is payable by Robina) or altering or amending any completed work not constructed in a good and workmanlike manner, all of which are referred to as “incomplete works”; or 32.2.2 carrying out such other work or development (including any addition or extension to any work or development being carried out by Robina) whether within or outside or partly within and partly outside the perimeter of the combined site as the Council may reasonably consider necessary to mitigate the effects of any incomplete works or to make any incomplete works, in the opinion of the Engineer, more effective or useful; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

40 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 32.2.3 the Council’s charges for supervision, interest, administration costs, legal costs on a solicitor and own client basis, overheads and such reasonable contingency sum as may in the discretion of the Engineer be determined. ´ Application of Monies Received 33. The Council must apply any sums received by it pursuant to clause 32 as far as the same may extend to or towards all or any one or more of those matters which are referred to in clause 32 as are relevant to remedy or mitigate the default in respect of which payment was claimed and any excess of moneys must be paid to Robina. ´ Council’s Rights of Recovery 34. If the sum or sums at any time or times received or recovered by the Council pursuant to clause 32 are insufficient to complete the carrying out or altering or amending the work required by this Agreement, the Council may at its election:— 34.1 carry out, alter or amend such work at its discretion so far as the moneys received by it will, in the opinion of the Engineer, reasonably allow; or 34.2 complete the carrying out, altering or amending of such work as required by this Agreement and recover the difference between the costs actually incurred by it in so doing and the sums received or recovered by it under clause 32 from Robina as a liquidated debt. ´ Alternate Remedy—Direct Action 35. Instead of making recovery from Robina or the obligor in accordance with clause 32, the Council may, after expiration of the time for performance and fulfilment by Robina of its obligations specified in a notice, enter upon the combined site to perform and fulfil the requirements of the notice which Robina has failed to perform or fulfil in which event the Council’s actual costs incurred in that regard:— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

41 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 35.1 may be recovered from the obligor under the General Bond; and/or 35.2 may be recovered from Robina as a liquidated debt. ´ Council’s Right to Enter Upon Land 36. For the purpose of exercising its rights under clauses 33, 34 and 35, the Council and its agents, servants, employees, contractors and subcontractors and others whether of the class aforementioned or not, authorised by the Council, have the full and free right and liberty to enter upon the combined site with all necessary vehicles plant and equipment. ´ Time for Rectification by Council 37. If the Council exercises any rights under this Section, it must complete the obligations not performed or fulfilled by Robina and which have been specified in the notice to Robina within the same time period after commencement of the exercise of those rights as was stipulated by the Council in the notice given to Robina in respect of those obligations unless prevented from doing so by reasons beyond its reasonable control in which event those obligations must be completed by the Council as soon as is practicable in all the circumstances. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

42 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 6 ´ RELEASE OF ROBINA AND ROBINA PROPERTIES ´ Completion of Obligations 38. When Robina has performed and fulfilled its obligations under this Agreement then Robina and Robina Properties are released and discharged from any further obligation in respect of the proposed development and the Council must deliver a written release and discharge to Robina and Robina Properties accordingly. ´ Release in Other Circumstances 39. If before Robina or Robina Properties have performed and fulfilled their obligations hereunder, the last plan of subdivision in the last Service District (not being a plan creating only a management lot) has been sealed and released and there are at the time of release no outstanding obligations then due to be performed, then Robina and Robina Properties have no further obligations hereunder, each is released and discharged from any further performance hereunder, and the Council must deliver a written release and discharge to Robina and Robina Properties accordingly. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

43 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 7 ´ SALE AND TRANSFER OF LAND ´ Statement of Intent—General 40. The Council acknowledges that it is Robina’s and Robina Properties’ intention to subdivide and sell parts of the combined site to third parties. The parties acknowledge that their common understanding and intent with respect to allowing Robina and Robina Properties to so proceed while securing to the Council performance of Robina’s obligations hereunder, particularly major infrastructure obligations, is set out in this Section. ´ Statement of Intent—Major and Minor Obligations 41. Robina’s obligations hereunder may be considered under two categories as follows:— 41.1 obligations with respect to the provision of the major infrastructure necessary to accommodate the proposed development being:— 41.1.1 the construction of the roads and the payment of the contributions referred to in clauses 24, 25 and 26 of the Second Schedule and Table 2/3/2 (except item 20 thereof); 41.1.2 the construction of the works shown on Plan 2/4/1 and Plan 2/5/1; 41.1.3 the dedication of land and the construction of works pursuant to clauses 81.1, 83, 84, 86 and 87 of the Second Schedule; and 41.1.4 the carrying out of earthworks referred to in clause 101 of the Second Schedule, (“major infrastructure obligations”); and 41.2 obligations with respect to the provision of local roads, parks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

44 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) and individual water supply, sewerage services, lakes, waterways and community facilities together with obligations relating to the details and final form of individual components of the proposed development all as described or referred to at various places in Part 6 (other than clauses 81.1, 83, 84, 86 and 87), Part 7 (other than clause 101) and Parts 8 to 12 of the Second Schedule, but not being obligations which the Council may impose on a subsequent application (“minor obligations”). ´ Statement of Intent—Performance of Major Infrastructure Obligations 42. The major infrastructure obligations must be performed in a co-ordinated and planned manner having regard to regional considerations as well as the sequence of the proposed development and cannot be performed piecemeal or otherwise than in a logical and orderly sequence. ´ Statement of Intent—Performance of Minor Obligations 43. The minor obligations are not required to be performed until the particular development to which they relate is undertaken and do not ordinarily need to be co-ordinated with similar work being performed in relation to other particular developments. ´ Statement of Intent—Council’s Approach 44. For the reasons set out in clauses 42 and 43, the Council would prefer Robina to be and remain solely responsible to perform all major infrastructure obligations but does not necessarily take that view in relation to minor obligations. In those circumstances, it is the intent of this Section that:— 44.1 Robina or Robina Properties may only include as part of a transfer of land a transfer of major infrastructure obligations if it demonstrates to the Council (on the balance of probabilities) that the transfer of those obligations (and the release of Robina from responsibility therefor) will not prejudice the orderly provision of the major infrastructure required for the proposed development; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

45 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 44.2 Robina or Robina Properties may transfer land and associated relevant minor obligations without having to demonstrate to the Council anything other than the fact that the transferee is bound by an enforceable agreement to which the Council is a party to perform those obligations. ´ Sale and Transfer—Major Infrastructure Obligations 45. If Robina or Robina Properties desires to transfer the whole or any part of the combined site subject to the transferee assuming responsibility for performance of some or all of the major infrastructure obligations then all contracts entered into by Robina or Robina Properties must be made conditional upon the consent of the Council to the transfer and the execution by the proposed transferee of the deed contemplated by clause 48 hereof. ´ Robina to Apply for Consent 46. Robina or Robina Properties must make application in writing to the Council for its consent to the transfer within 7 days of entering into a contract of sale referred to in clause 45. ´ Application for Consent 47. An application made pursuant to clause 46 must:— 47.1 contain full details of the proposed transferee; 47.2 specify the land proposed to be transferred to the transferee; 47.3 specify full details of the major infrastructure obligations for which it is proposed that the transferee assume responsibility instead of Robina; 47.4 demonstrate (on the balance of probabilities) to the Council:— 47.4.1 that the transferee is willing to become contractually bound to the Council to perform those obligations in accordance in all respects with this Agreement and within the time:— 47.4.1.1 specified by this Agreement; or 47.4.1.2 otherwise previously agreed between the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

46 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) Council and Robina; or 47.4.1.3 if neither of the foregoing apply, reasonably determined by the Council having regard to work already completed, work due to be completed in accordance with the current construction program and the general co-ordination of infrastructure provision within the land and the surrounding region; 47.4.2 that the transferee is or will be financially able to perform those obligations (including demonstration that the transferee is able to effect dedication of all lands which may be required to be dedicated to the Crown or transferred to the Council pursuant to those obligations); 47.4.3 that the transfer of those obligations (and the release of Robina from responsibility therefore) will not prejudice the orderly provision of the major infrastructure required for the proposed development (having regard, inter alia, to the time fixed for performance of any obligations transferred to other parties under agreements entered into with those other parties pursuant to clause 48.1); and 47.5 be decided by the Council within fourteen (14) days of its receipt. The Council in deciding the application may consent to it, refuse it, or consent to it subject to the conditions set out in clause 48. ´ Decision on Application 48. The Council’s consent to such a transfer may be withheld if the Council is not satisfied of any matter required to be demonstrated to it pursuant to clause 47 but the Council must otherwise grant consent subject to:— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

47 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 48.1 the transferee entering into a deed with the Council whereby it becomes contractually bound to perform the relevant major infrastructure obligations within the relevant time referred to in clause 47.4.1 and otherwise in accordance in all respects with this Agreement; 48.2 if required by the Council in any particular case, the transferee providing such security as the Council reasonably requires in respect of the performance of those major infrastructure obligations. ´ Sale and Transfer—Minor Obligations 49. If Robina or Robina Properties desire to transfer the whole or any part of the combined site, subject to the transferee assuming responsibility for performance of some or all of the minor obligations, then Robina or Robina Properties must make application in writing to the Council for its consent to the transfer before completing any Contract of Sale in that regard. ´ Application for Consent 50. An application made pursuant to clause 49 must:— 50.1 contain full details of the proposed transferee; 50.2 specify the land proposed to be transferred to the transferee; 50.3 specify full details of the minor obligations in respect of which it is proposed the transferee assume responsibility instead of Robina; and 50.4 be decided by the Council within fourteen (14) days of its receipt. ´ Consent if Deed Submitted 51. If the application is accompanied by a deed in favour of the Council executed by the transferee whereby:— 51.1 the transferee becomes contractually bound to perform the relevant minor obligations; and 51.2 the transferee, if required by the Council, agrees to provide such security as the Council reasonably requires in respect of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

48 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) the performance of those minor obligations, the Council must consent to the application. ´ Consent in Other Cases 52. If the application is not accompanied by a deed as described in clause 51 then the Council must grant consent subject to:— 52.1 the transferee entering into a deed with the Council whereby it becomes contractually bound to perform the relevant minor obligations in accordance in all respects with this Agreement; 52.2 if required by the Council in any particular case, the transferee providing such security as the Council reasonably requires in respect of the performance of those minor obligations. ´ Consent to Sale of Last Allotment 53. Despite the foregoing and in any event, Robina or Robina Properties must not sell the last allotment in the last plan of subdivision in any Service District without the consent of the Council to that sale. In the event that there is at that time any unremedied default in the performance of the relevant obligations (Service District), the Council may refuse consent until the default is remedied. If, for any other reason, all relevant obligations (Service District) have not been fully performed then, unless the Council is already secured in a manner contemplated by this Agreement in respect of the performance of those obligations, it may, as a condition of its consent, subject such sale to a requirement that:— 53.1 the transferee enter into a deed with the Council whereby it becomes contractually bound to perform the outstanding relevant obligations (Service District); 53.2 the transferee provide such security as the Council reasonably requires in respect of the performance of those obligations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

49 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) ´ Conditions on Consent to Transfers 54. The Council must not impose any additional conditions or restrictions upon the development of land transferred in accordance with the requirements of this Section beyond those contained in this Agreement. ´ Certificate as to Completion of Obligations 55. To assist in the easy administration of the requirements of this Section, the Council must within fourteen (14) days of being so requested by Robina issue a certificate/s upon which a person proposing to acquire an interest in the land to which the certificate relates can rely:— 55.1 setting out details of the obligations under this Agreement which continue to be binding on that land; or, as the case requires, 55.2 stating that there are no obligations under this Agreement which continue to be binding on that land and that all such obligations which did bind the land have been satisfied. ´ Consent Not Required Where Obligations Satisfied 56. Despite clauses 45 and 49, the consent of the Council is not required to a transfer of land in respect of which a certificate under clause 55.2 has been issued or to any transfer from Robina to Robina Properties or from Robina Properties to Robina, whilst they remain related companies under the Corporations Law. ´ Definition of Transfer 57. In this Section, transfer includes a sale or alienation but does not include a mortgage, lease (other than a lease for a term, including options, exceeding 5 years and granted for the express purpose of permitting development by the lessee pursuant to this Agreement) or grant of easement. ´ Single Deed Only Required 58. In any case where Robina proposes to transfer both major infrastructure obligations and minor obligations, a deed prepared 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

50 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) pursuant to clause 48 is to deal with all obligations so that only one deed is prepared in connection with the transfer. ´ No Cost to Council 59. Every deed referred to in this Section is to be prepared at no cost to the Council. ´ Continuing Liability of Robina 60. Until the proposed transferee executes the required deed and furnishes the required security, or in the event of a transfer being made otherwise than in compliance with this Section, Robina remains liable for the performance of its obligations under this Agreement as though no transfer had taken place. ´ Release from Liability 61. Upon a deed referred to in this Section being delivered to the Council, executed by all other parties and stamped (where required), together with any security required to be lodged pursuant to the relevant deed, Robina and, where applicable, Robina Properties are released from all obligations under this Agreement in relation to that land or, as the case requires, such of those obligations as are the subject of the deed, and any security given by Robina specifically in respect of that land or those obligations is discharged. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

51 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 8 ´ SPECIFICATION AND MAINTENANCE OF WORKS ´ Approval of Specification 62. All designs and specifications for those works which Robina is obliged to do by this Agreement (including, without limiting the generality, the specification of all filling, excavation and other earthworks and the final design and specification for all works referred to in the Second Schedule) must be prepared by Robina at its own cost and submitted to the Engineer for the Council’s approval and, when required by law, the approval of any other authority or instrumentality. Robina must not commence any such work before it has obtained approval. ´ Final Specification of Works 63. All works which Robina is obliged to do by this Agreement must be done to the reasonable specification, reasonable satisfaction and under the supervision of the Engineer and of any other authority or instrumentality having jurisdiction in relation thereto. In the interpretation and application of this clause:— 63.1 it is recognised that some provisions of the Second Schedule do provide a particular specification for certain works and obligations; 63.2 that specification has been determined on the basis of present knowledge and expectation as to circumstances which will prevail at the time the works are to be carried out or the obligations performed; 63.3 the circumstances actually prevailing at the relevant time may result in it being necessary or appropriate to adopt a different specification for the final design or performance of such works or obligations; 63.4 accordingly, the inclusion of a particular specification in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

52 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) Second Schedule does not prevent Robina from seeking approval to an altered specification and does not prevent the Engineer from giving such approval where an alteration is necessary or appropriate having regard to the circumstances prevailing at the relevant time. ´ Time for Approval 64. The Council must determine its approval or otherwise under clause 62 within a reasonable time. If Robina considers that a reasonable time has elapsed after submission and it has received no response from the Council then it may by notice in writing, hand delivered to the office of the Shire Clerk and stating it is delivered pursuant to this clause, require a response within fourteen (14) days of the date of delivery of the notice and in the event that Robina does not receive a notice of approval or refusal within that time, the designs and specifications submitted are deemed approved. ´ Notice of Completion 65. Upon effective completion of the works covered by every approved design and specification, Robina must either:— 65.1 provide the Council with a certificate of satisfactory completion in accordance with the approved design and specification prepared by an engineer or other appropriate professional person competent to issue it; or 65.2 require inspection and approval of the works by the Council by giving written notice in that regard. ´ Maintenance Period 66. Upon the Council being satisfied that effective completion of the works has been achieved, it must issue a certificate of practical completion (being, where applicable, the certificate required by Section 5.2(9) of the Act) and notify Robina accordingly that the works are accepted as being “on maintenance”. A defects liability period of 6 months commences to run from the date of the certificate issued under clause 65.1 or from the date of inspection pursuant to clause 65.2. Any defect or want of maintenance in the works advised in writing to Robina by the Council during the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

53 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) defects liability period must be corrected within a reasonable time, such time to be stated in the notice given by the Council to Robina. ´ Council to Assume Responsibility 67. At the end of the period of 6 months referred to in clause 66, the works are taken to be “off maintenance” and in the case of works which are to pass to or come under the control of the Council, the Council will thereafter assume responsibility for future maintenance and repair thereof. ´ No Release of Duty of Care 68. Nothing in this Section operates to:— 68.1 limit any relevant duty of care which Robina would otherwise owe to the Council (in tort or contract); 68.2 relieve or release Robina from any relevant duty of care owed by it to the Council, in respect of or relating to the design and construction of any works referred to in this Section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

54 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 9 ´ INSPECTION OF WORKS BY THE COUNCIL ´ Right of Entry 69. So long as reasonable notice in writing is given of the Council’s intention to exercise the powers in this clause, Robina and/or Robina Properties must permit the Council and its officers agents servants contractors and subcontractors and agents and servants of its contractors and subcontractors and others (whether of the class, aforementioned or not), authorised by the Council at all times during the operation of this Agreement to enter into and upon the combined site for the purpose of:— 69.1 examining and inspecting the state and condition of the land and any works, including preparation for work and the work site on the combined site or on land adjacent thereto; 69.2 ascertaining whether the obligations of Robina are being observed performed and fulfilled; or 69.3 performing any works which the Council has agreed or is empowered to perform. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

55 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 10 ´ SETTLEMENT OF DISPUTES ´ Statement of Intent 70. The intent of this Section is to provide a mechanism for:— 70.1 ensuring that there is no want of certainty in this Agreement having regard to the necessity to facilitate and expedite the recording of the agreement between the parties without being able to incorporate herein full engineering specifications of the acts and works agreed to be performed undertaken carried out executed provided or done by either party to satisfy the obligations of Robina and/or the Council hereunder; 70.2 resolving, in a speedy and cost-effective manner, any dispute between the parties in relation to the meaning of any provision hereof or the scope, content or extent of their respective obligations hereunder, including disputes as to matters which of necessity cannot be agreed or specified at the present time and must be left to be agreed between the parties at a later time and disputes about decisions of the Council or its officers; and 70.3 referring those matters to the Court for determination or, where the parties prefer an alternate means of dispute resolution, dealing with those matters in accordance with an appropriate non-judicial process. ´ Reference to Expert 71. It is agreed that if:— 71.1 either party alleges or contends that the meaning or effect of any provision of this Agreement is uncertain and therefore to any extent void or of no effect or unenforceable; 71.2 any other dispute arises between the parties relating in any 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

56 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) way to the meaning and effect of any provision of this Agreement or the scope, content or extent of the respective obligations of either party hereunder; or 71.3 a dispute arises in relation to any other matter by under or in connection with this Agreement including decisions made by the Council or its officers, then, unless either or both of the parties wish the matter to be determined by the Court in the first instance and make application to the Court accordingly, that matter may be referred to the final decision of a person (hereinafter called “the Expert”) appointed in accordance with clause 72 who must give a decision in writing on the matter. A party who wishes to refer a matter to the Expert must serve on the other party a written reference giving full particulars of the matter and thereupon the parties must attempt to reach agreement on the appointment of the Expert. ´ Default of Joint Appointment 72. If after fourteen (14) days from service of the written reference:— 72.1 the parties are unable to agree upon the appointment of the Expert; and 72.2 the party on whom the reference was served has not made application to the Court for determination of the matter in dispute, the party seeking the reference may request the President for the time being of the Institute of Engineers Australia, Queensland Division to nominate a person having the qualifications set out in clause 73. Robina and the Council must together appoint the person agreed upon by them or the person nominated by the President to be the Expert for the purpose of this clause within seven (7) days of agreement by them on the identity of the Expert or a nomination by the President. If either party refuses to join in the appointment then the other party is hereby irrevocably authorised to appoint the Expert. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

57 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) ´ Qualifications of Expert 73. The Expert referred to in clause 71 must be a professional person in the discipline most appropriate to the character of the dispute and must be an individual member, or a director of a corporate member, of the Expert’s professional body with not less than ten (10) years continuous professional experience in his discipline and with such experience being substantially related to conditions and requirements for new developments. ´ Function and Powers of Expert 74. By the consent to act, the function of the Expert when determining a matter referred to the Expert is to make certain by the terms of his or her decision what is contended to be uncertain or to resolve any dispute and in considering and giving a decision, the Expert:— 74.1 acts as an expert and not as an arbitrator; and 74.2 may, without limiting in any way the discharge of his or her function hereunder and the utilisation of expert knowledge skill and experience, refer to and use knowledge and experience of:— 74.2.1 the Act, the Town Plan and other planning schemes in force in Queensland; 74.2.2 the by-laws of the Council or comparable by-laws in force in other areas; 74.2.3 the terms of arrangements and agreements and conditions of approvals consents and refusals and reasons therefor and policy adopted from time to time by the Council generally in relation to applications for rezoning or development or subdivision of land; and 74.2.4 the common or usual or other requirements or standards or any usual or expected variation of requirements or standards adopted from time to time in relation to or applicable to lands in the Shire of Albert and the development and use of such lands; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

58 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 74.3 must recognise that the development is innovative, unusual and one not generally contemplated by the standard development approval and control process and that what might be appropriate in the case of a conventional development application or approval may not necessarily be appropriate to the proposed development or the unique development control process created for it; 74.4 may seek submissions on the matter in dispute orally or in writing from both parties; 74.5 may award costs including the Expert’s own costs against either party if the Expert is of the opinion that such party acted frivolously or vexatiously or unreasonably (but not otherwise); 74.6 must act in accordance with the principles of natural justice and fairness; 74.7 despite clauses 86 and 87, must have regard to past conduct and practice of the parties and ensure consistency of such conduct and practice unless there has been a material change of circumstances or unless the same is contrary to an express provision of this Agreement; 74.8 should he or she consider that they are not qualified to act as the Expert in the matter referred, may appoint a person so qualified in his or her place to be the Expert or may consult a person having the appropriate qualifications for advice; 74.9 must give a decision in writing. ´ Effect of Expert’s Decision 75. The Expert’s decision:— 75.1 where it makes certain a provision of this Agreement, is deemed for all purposes to form part of and be incorporated in this Agreement from the date of this Agreement; 75.2 where it resolves a dispute between the parties, is substituted for any decision made by Council or its officers; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

59 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) 75.3 does not in any circumstances create or impose any further liability on Robina in respect of any obligations completed hereunder and accepted by the Council. ´ Application to Court 76. In the event that either party:— 76.1 does not agree with the wish of the other that a matter be referred to the Expert for determination; 76.2 is not satisfied with a decision of the Expert, it shall be at liberty to apply to the Court for its determination upon the matter. Unless the parties agree to waive time limits, an application to the Court must be made:— 76.3 under clause 76.1, not later than 14 days after the service of a written reference on that party under clause 71; 76.4 under clause 76.2, not later than 30 days after that party receives the written decision of the Expert. ´ Powers of the Court 77. On an application made under clause 71 or clause 76, the Court has, to the extent relevant, the powers given to it by Part 7 of the Act as well as:— 77.1 the power to interpret this Agreement and make findings as to the planning intent evinced by this Agreement; 77.2 the power to determine conditions to be performed or complied with pursuant to or in accordance with this Agreement (either as a matter of interpretation or as a matter of determining what is relevant and reasonably required in a particular case within the parameters laid down by this Agreement). Where a determination of the Court amends or alters a decision of the Expert or the Council, the determination of the Court supersedes the decision of the Expert or, as the case requires, the Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

60 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) ´ Agreement that Expert’s Decision Final 78. Nothing in this section shall be construed to prevent the parties from agreeing that the Expert’s decision is final and binding in respect of a particular matter and, except in a case of error of law, any such agreement has effect according to its terms. 1 2 3 4 5

61 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 11 ´ SUBSEQUENT APPROVALS TO BE CONSISTENT WITH THIS AGREEMENT ´ Scope of Conditions 79. It is acknowledged and agreed by the parties that the conditions and obligations imposed upon and to be undertaken by Robina by and under Parts 3 to 8, clause 160 of Part 11, and Part 12 of the Second Schedule specify the obligations of Robina in respect of the proposed development of the whole of the combined site in relation to those classes of conditions:— 79.1 which relate to the infrastructure necessary or appropriate to service the proposed development as a whole and regardless of its final specific form; and 79.2 which cannot sensibly, practicably and equitably be imposed on a subsequent application. ´ Limit on Power to Impose Further Conditions 80. The conditions and obligations contained in Parts 3 to 8, clause 160 of Part 11 and Part 12 of the Second Schedule are exhaustive as to the subject matter with which they deal and in imposing conditions on any subsequent application, the Council must not impose as a condition of approval of that subsequent application a condition relating to a subject matter dealt with in those Parts or clause 160 which imposes a greater or different obligation than is therein specified in respect of that particular subject matter. ´ No Other Fetter on Subsequent Applications 81. Subject to clause 80, this Agreement does not derogate from the Council’s discretion to impose upon subsequent applications conditions:— 81.1 authorised by, contemplated by or consistent with any provision of the Second Schedule (including Part 9, Part 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

62 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) or, as applicable, Part 11); or 81.2 otherwise authorised by law from time to time which relate to matters other than those dealt with by Parts 3 to 8, clause 160 of Part 11 and Part 12 of the Second Schedule. ´ Other Approvals to be Consistent 82. The Council is not obliged to approve any subsequent application or issue any building approval or other approval or licence in respect of a development, subdivision, building or structure or other matter or thing which forms part of the proposed development and which is controlled or regulated in any way by this Agreement if the relevant application or proposal does not conform to the requirements or intent of this Agreement. 1 2 3 4 5 6 7 8 9 10 11 12

63 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 12 ´ TRANSFERS OF LAND TO THE CROWN OR THE COUNCIL ´ Required Procedures 83. All transfers to the Council or dedications to the Crown of land or any interest therein (whether by way of fee simple transfer, easement, lease or otherwise) must be carried out in accordance with the following provisions:— 83.1 if registration of a plan of survey is necessary to effect the dealing, the required plan of survey must be prepared by Robina’s surveyor on instructions supplied to the surveyor by the Council; 83.2 the Council may require that the required documents must be prepared by the Council or its Solicitors and submitted to Robina and/or Robina Properties for execution but otherwise the relevant documents must be prepared by Robina or its Solicitors and submitted to the Council executed by Robina and/or Robina Properties; 83.3 Robina must sign and return such of the documents prepared by the Council or its Solicitor as require execution by it or Robina Properties within seven (7) days of their submission and vice versa; 83.4 Robina and/or Robina Properties must upon request by the Council or its Solicitors produce the instrument of title for the property affected by the transfer at the Department of Freehold Land Titles in Brisbane and will at that time produce any necessary mortgagee’s or other consents stamped (where required) and otherwise in registrable form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

64 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 13 ´ GENERAL ´ Payment of Moneys 84. All moneys payable to the Council in pursuance of this Agreement must be paid at the office of the Shire Clerk. ´ Correspondence 85. All correspondence initiated by the Council in respect of any matters relating to or arising from this Agreement must be signed by the Shire Clerk or the Engineer. ´ Waiver by Council 86. No waiver by the Council of any breach by Robina or Robina Properties of any of the provisions of this Agreement is to be implied against the Council or be otherwise effective unless it is in writing under the hand of the Shire Clerk or the Engineer and no laches or delays by the Council at any time or times in enforcing any of its rights powers and the like hereunder prejudices or affects those rights or powers. ´ Waiver by Robina 87. No waiver by Robina or Robina Properties of any breach by the Council of any of the provisions of this Agreement is to be implied against Robina or Robina Properties or be otherwise effective unless it is in writing under the common seal of Robina or Robina Properties and no laches or delays by Robina or Robina Properties at any time or times in enforcing any of their rights powers and the like hereunder prejudices or affects those rights or powers. ´ Service 88. Any certificate demand or notice by or from the Council to or upon Robina is sufficiently made given or served if left at or forwarded by prepaid post in an envelope addressed to Robina at the address 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

65 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) shown in the Council’s rate book and such certificate demand or notice if sent by post is deemed to have been made given or served at the time when in the due course of post it would be delivered at the address to which it is directed whether or not it is actually received. In proving such service by post it is only necessary for the Council to certify to that effect under the hand of the Shire Clerk. ´ Notice of Default 89. Despite clause 88, a notice of default or notice of intention to estreat a bond must be personally served on an officer of Robina at the registered office of Robina. ´ Robina Project Officer 90. Upon receiving notice from the Council that it has appointed an officer to act as the Co-ordinator between the Council and Robina in relation to the proposed development, Robina must thereafter address all correspondence in relation to this Agreement or the proposed development to the Shire Clerk for the attention of the “Robina Project Officer” or such other title as the Council shall from time to time advise. ´ Time of the Essence 91. Time is in all cases of the essence of this Agreement. ´ Costs 92. Robina must pay to the Council its legal costs of and incidental to the preparation and execution of this Agreement including any stamp duty payable hereon. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

66 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) † SECTION 14 ´ INTERPRETATION ´ Relevant Law 93. This Agreement must in all respects be interpreted in accordance with the law of the State of Queensland. ´ Statements of Intent 94. All provisions in this Agreement headed “Statement of Intent” are designed to explain the background to and intent of the substantive provisions which follow in the relevant Section. Such provisions must be used as an aid to interpretation of substantive provisions and an interpretation of a substantive provision which furthers the stated intent of any Section must be preferred to one which does not. ´ Other Laws Apply Except where Inconsistent 95. Subject to clause 80 and except to the extent of any inconsistency with this Agreement, nothing herein contained shall affect prejudice or derogate from the requirements of:— 95.1 the Town Plan and the Council’s subdivision of land by-laws; 95.2 any other statute, proclamation, Order in Council, rule, regulation, ordinance or by-law, or from the rights powers and authorities of the Council under the provisions of any such enactment or under any declared lawful policy of the Council. ´ Schedules Part of Agreement 96. The Schedules take that form for convenience only and form part of this Agreement as though set forth in the body hereof. ´ Plans, Tables, Drawings and Documents—Identification 97. A reference to a plan, table, drawing or document identified by a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

67 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) particular number is a reference to the plan, table, drawing or document bearing that number held at the public office of the Council and certified under seal by both the Council and Robina as being the plan, table, drawing or document of that number referred to in this Agreement. ´ Plans, Tables, Drawings and Documents—Open to Inspection 98. The Council must make the plans, tables, drawings and documents referred to in clause 97 (or a full colour photographic reproduction of the same) available free of charge at its public office during its hours of conduct of public business to any person for the purpose of perusal by that person. ´ Definitions 99. In this Agreement (including the Schedules), unless the context otherwise requires:— “access restriction strip” means a 0.5 metre wide strip of land along the full frontage of any allotment to a road, held in fee simple by the Director-General, Department of Transport or the Council as trustee for town planning purposes related to the temporary, conditional or indefinite limitation of access to and from the road; “the Act” means the Local Government (Planning and Environment) Act 1990 and all Regulations made under the Act; “this Agreement” means this Agreement and includes the Schedules and the plans, tables, drawing and documents identified herein; “approved building plans” means the drawings and specifications of a proposed building with evidence of the building approval stamped or endorsed on them; “Area” means a part of the subject land delineated for usage as shown on Plan 2/2/2, i.e., Northern Flood Plain, the Core, The Inner Frame, The Southern Frame; “Brisbane to Gold Coast Urban Corridor” means the area more or less south of Brisbane and north of Coolangatta bounded on the east by the water and on the west by the range of hills and mountains; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

68 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) “building application” means an application for approval to the carrying out of building work made under the Building Act 1975; “building approval” means the approval under the Building Act 1975 of a building application; “certificate of classification” means a certificate issued under the Standard Building By-laws 1991; “combined site” means the subject land and the Kerrydale land; “completion of Stage 1” means the substantial completion of the building comprising Stage 1 or, if there are more than one, buildings comprising a substantial part of Stage 1; “the Council” means the Council of the Shire of Albert and its successors and assigns or the local authority within which area the combined site may from time to time be included; “Court” means the Planning and Environment Court constituted under the Act; “detailed development approval” means approval of the details of development on the Kerrydale land under Part 11 of the Second Schedule; “development” means the use of any land or the erection or use of any building or other structure or the carrying out of building, mining or engineering operations in, on over or under land, or the making of material changes to any premises; “development site” when used in relation to any application seeking approval for any aspect of development, means the land in respect of which the application is made; “Development Deed” means the Deed entered into between Robina and the Council dated the 7th day of February 1986 as varied by Deeds dated the 5th day of July 1988 and the 28th day of October 1988 and the date hereof; “DOT” means the Department of Transport (Roads Division); “Earthworks Zone” means a zone delineated on a map prepared by Robina; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

69 Local Government (Robina Town Centre Planning Agreement) Bill SCHEDULE (continued) “the Engineer” means the officer of the Council who heads the department or branch of the Council having responsibility for the subject matter in relation to which the term is used “external road network” means all roads or part thereof which are not contained in the combined site; “final development approval” means approval of an application under Section 5 of Part 9 of the Second Schedule; “the Kerrydale land” means the land described in Part 2 of the First Schedule; “last plan of subdivision” means the plan of subdivision which subdivides the last 5% (more or less) of the area of land comprised within a Service District. Robina may declare any plan of subdivision containing a greater percentage of area to be the last plan of subdivision and the Council may declare a plan to be the last plan of subdivision if the remaining (unsubdivided) land within the Service District is not or does not appear to be intended for development (other than as a reserve or for some similar purpose); “major shopping development” has the same meaning as that term has in the Act; “management lot” means an allotment on a plan of subdivision not intended for final development or sale for final development and identified as such by Robina when lodging a plan of subdivision for approval with the Council and includes but is not limited to:— (a) an allotment intended for future road reserve; (b) an allotment for later transfer to the Crown or the Council; (c) an allotment shown on a plan of a type accepted by the Registrar of Titles for registration for lease purposes only; (d) an allotment to define a balance area; and (e) an allotment intended for further subdivision (other than building units subdivision); “Merrimac Regional Open Space Corridor” means the area shown on Plan 2/2/1; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32