Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962

Queensland Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Reprinted as in force on 18 March 1996 Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 23 s 253 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This Act is reprinted as at 18 March 1996. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 39) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43). This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of obsolete and redundant provisions • table of renumbered provisions. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’).

Queensland Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Contents 1 2 3 4 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Authority to construct and maintain viaduct over Hastings Street, New Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Temporary closure of Hastings Street . . . . . . . . . . . . . . . . . . . . . 6 Indemnities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 .................................................. 8 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 19 19 19 20 20

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 An Act to authorise the Australian Estates Company Limited and Estates Buildings Pty. Limited to construct and thereafter maintain a viaduct above Hastings Street New Farm in the City of Brisbane; and for other consequential purposes Preamble 1 Estates Buildings Pty. Limited of Brisbane in the State, a company duly registered in Queensland is the owner in fee simple of the lands situated in the county of Stanley parish of North Brisbane, in the City of Brisbane being resubdivision 5 and subdivision 1 of resubdivision 3 of subdivisions 206, 207 and 208 of eastern suburban allotment 52 being the whole of the land described in certificate of title number 576315 volume 2837 folio 55; and subdivisions 209 and 210 of eastern suburban allotment 52 being the whole of the land described in certificate of title number 458190 volume 2347 folio 180; and subdivision 211 of eastern suburban allotment 52 being the whole of the land described in certificate of title no. 88704 volume 591 folio 194 and subdivision 212 of eastern suburban allotment 52 being the whole of the land described in certificate of title no. 174521 volume 1055 folio 11; and subdivision 213 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 117026 volume 747 folio 16; and subdivision 214 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 685256 volume 3286 folio 246; and subdivisions 232 and 233 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 429417 volume 2227 folio 157; and subdivisions 234 and 235 of eastern suburban allotment 52 being the whole of the land contained in certificate of title Reprint 1 Page 3

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Page 4 number 497378 volume 2510 folio 118; and subdivision 236 and resubdivision 1 of subdivision 237 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 340894 volume 1819 folio 134; and resubdivision 2 of subdivisions 237 and 238 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 340895 volume 1819 folio 135; and subdivision 2 of resubdivision 3 of subdivisions 206 to 208, 238 and 239 of eastern suburban allotment 52 being the whole of the land contained in certificate of title number 470455 volume 2398 folio 195; and subdivision 205 and resubdivision 4 of subdivisions 206 and 239 of eastern suburban allotment 52 which are situated on the southern side of and have frontage to Hastings Street New Farm Brisbane aforesaid extending from Macquarie Street to Little Villiers Street and Estates Buildings Pty. Limited is also the owner in fee simple of subdivision 4 of resubdivision 1 of subdivision 5 of resubdivision 3 of subdivision A of eastern suburban allotment 52 being the whole of the land described in certificate of title number 276253 volume 1535 folio 243; and subdivision 3 of resubdivision 2 of subdivision 1 of resubdivision 1 of subdivision 5 of resubdivision 3 of subdivision A of eastern suburban allotment 52 being the whole of the land described in certificate of title number 325401 volume 1749 folio 141, which lands are situated immediately opposite the above described land and have a frontage to Hastings Street New Farm Brisbane aforesaid extending from Macquarie Street to Crase Street. 2 The said Estates Buildings Pty. Limited is a subsidiary of the Australian Estates Company Limited a company duly registered in the State. 3 Estates Buildings Pty. Limited and the Australian Estates Company Limited (hereinafter jointly and severally together with their and each of their successors and assigns called the companies ) are desirous of constructing and thereafter maintaining a viaduct above the surface of the said Hastings Street so as to afford by means thereof direct communication between the lands of the said Estates Buildings Pty. Limited hereinbefore mentioned. Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 4 The companies have obtained from the Brisbane City Council (the council ) the consent of the council to the construction and maintenance of the said viaduct (so far as the council is empowered to so consent) and an agreement in that behalf was on 30 October 1962 made and entered into by and between the council and the companies (a copy of which agreement and of the sketch therein referred to is set forth in the schedule). 5 The companies have procured the consents to the construction and maintenance of the said viaduct of the Postmaster-General of the Commonwealth, the council, the Brisbane Gas Co. Ltd., and the Southern Electric Authority of Queensland. 6 The companies are ready and willing in the construction and maintenance of the said viaduct to carry into effect and to conform in all respects with the covenants, conditions, stipulations and provisoes set forth in the agreement between the council and the companies hereinbefore mentioned. 7 The construction and maintenance of the said viaduct will be of great advantage to the companies in carrying on their business, and if the terms and conditions in the said agreement set forth are at all times observed and conformed with by the companies the said viaduct may be constructed and maintained without disadvantage to the public or to the council or any other persons or corporations possessing any powers, rights or authorities in respect of or in relation to the said street and the surface of the same and the subsoil lying thereunder. 8 It is expedient that the companies be granted authority to construct and maintain the said viaduct subject to the provisions in this Act contained, and also subject to the terms and conditions in the said agreement set forth. Reprint 1 Page 5

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 [s 1] 1 Short title This Act may be cited as the Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 . 2 Authority to construct and maintain viaduct over Hastings Street, New Farm (1) The Australian Estates Company Limited and Estates Buildings Pty. Limited (hereinafter jointly and severally together with their and each of their successors and assigns called the companies ) are hereby authorised and empowered to construct and thereafter at all times maintain, continue, repair, renew and use a viaduct over Hastings Street, New Farm (a roadway within the City of Brisbane) as shown on the sketch attached to the agreement in the schedule set forth to afford communication between the said parcels of land of the said Estates Buildings Pty. Limited hereinbefore mentioned. (2) The companies in the construction, maintenance, continuance, repair, renewal and use of the said viaduct, and in the carrying out of all subsidiary works including all works in connection with or in relation to the roadway, footways, roadway surface, watertables, conduits, mains, cables, pipes, sewers, drains, buildings, and structures of the council and of the Postmaster-General of the Commonwealth and of the Brisbane Gas Co. Ltd. and of the Southern Electric Authority of Queensland and of all other persons shall at all times and in all respects observe and conform with the provisions of this Act and the terms and conditions in the said agreement set forth. 3 Temporary closure of Hastings Street For any of the purposes aforesaid the temporary closing or partial closing of Hastings Street, New Farm during the carrying out of any works herein referred to is authorised. Page 6 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 [s 4] 4 Indemnities Subject to this Act and to the terms and conditions in the said agreement set forth, but without limitation of or prejudice to the rights or remedies of the council or any person or corporation against the companies under the said agreement no action or other proceedings shall be commenced, prosecuted or maintained against the companies or any contractor with the same or any person acting under the authority of the same for or in respect of the construction, maintenance, continuance, repair, renewal or use of the said viaduct or the carrying out of any subsidiary works in connection therewith or in relation thereto or for or in respect of the temporary closing or partial closing of the said street to traffic during such time as may be necessary for the carrying out of any works or subsidiary works in connection with or in relation to the said viaduct or for or in respect of any damages, loss or expense occasioned or alleged to be occasioned by reason of any such works or subsidiary works, or of any obstruction or alleged obstruction of the said street or in anywise whatever arising from the construction, maintenance, continuance, repair, renewal or use of the said viaduct or any such works or subsidiary works. Reprint 1 Page 7

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule Schedule THIS AGREEMENT is made the thirtieth day of October One thousand nine hundred and sixty-two BETWEEN BRISBANE CITY COUNCIL duly constituted under The City of Brisbane Acts, 1924 to 1960 (hereinafter called the Council ) which term includes its successors OF THE ONE PART AND THE AUSTRALIAN ESTATES COMPANY LIMITED a Company duly registered in the State of Queensland and having its registered office situate at 100–108 Creek Street Brisbane in the said State and ESTATES BUILDINGS PTY. LIMITED a Company duly registered in the State of Queensland and having its registered office situate at 100–108 Creek Street Brisbane aforesaid and being a subsidiary of the said THE AUSTRALIAN ESTATES COMPANY LIMITED (hereinafter jointly and severally together with their and each of their successors and assigns called the Companies ) OF THE OTHER PART. WHEREAS Estates Buildings Pty. Limited is the owner in fee-simple of the lands situate in the County of Stanley Parish of North Brisbane in the City of Brisbane being resubdivision 5 and subdivision 1 of resubdivision 3 of subdivisions 206, 207 and 208 of Eastern suburban allotment 52 being the whole of the land described in Certificate of Title Number 576315 Volume 2837 Folio 55; and subdivisions 209 and 210 of Eastern Suburban Allotment 52 being the whole of the land described in Certificate of Title Number 458190 Volume 2347 Folio 180; and subdivision 211 of Eastern Suburban Allotment 52 being the whole of the land described in Certificate of Title Number 88704 Volume 591 Folio 194; and subdivision 212 of Eastern Suburban Allotment 52 being the whole of the land described in Certificate of Title Number 174521 Volume 1055 Folio 11; and subdivision 213 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 117026 Volume 747 Folio 16; and subdivision 214 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 685256 Volume 3286 Folio 246; and subdivisions 232 and 233 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 429417 Volume 2227 Folio 157; and subdivisions 234 and 235 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 497378 Volume 2510 Folio 118; and subdivision 236 and resubdivision 1 of subdivision 237 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 340894 Volume 1819 Folio 134; and resubdivision 2 of subdivisions 237 and 238 Page 8 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 340895 Volume 1819 Folio 135, and subdivision 2 of resubdivision 3 of subdivisions 206 to 208 238 and 239 of Eastern Suburban Allotment 52 being the whole of the land contained in Certificate of Title Number 470455 Volume 2398 Folio 195; and subdivision 205 and resubdivision 4 of subdivisions 206 and 239 of Eastern Suburban Allotment 52 which are situated on the southern side of and have frontage to Hastings Street New Farm Brisbane aforesaid extending from Macquarie Street to Little Villiers Street and Estates Buildings Pty. Limited is also the owner in fee simple of subdivision 4 of resubdivision 1 of subdivision 5 of resubdivision 3 of subdivision A of Eastern Suburban Allotment 52 being the whole of the land described in Certificate of Title Number 276253 Volume 1535 Folio 243; and subdivision 3 of resubdivision 2 of subdivision 1 of resubdivision 1 of subdivision 5 of resubdivision 3 of subdivision A of Eastern Suburban Allotment 52 being the whole of the land described in Certificate of Title number 325401 Volume 1749 Folio 141, which lands are situated immediately opposite the above described land and have a frontage to Hastings Street New Farm Brisbane extending from Macquarie Street to Crase Street as per the sketch plan hereto annexed. AND WHEREAS The Australian Estates Company Limited has constructed certain buildings on the northern side of Hastings Street, New Farm for the purpose of its business of woolbrokers stock and station agents and dealers in animal food and farming products and subject to the approval of the Council The Australian Estates Company Limited and its subsidiary Estates Buildings Pty. Limited which latter Company carries on the business of land acquisition and development and building erection are about to construct further buildings on the southern side of Hastings Street aforesaid. AND WHEREAS the Companies for the purpose of the more convenient operation of their business and for the purpose of pedestrian access to and from the proposed new buildings have requested the permission of the Council to construct a private viaduct across and above the surface of the said roadway at the location marked Viaduct on the said sketch plan to connect the said lands and the buildings constructed and about to be constructed thereupon respectively. AND WHEREAS the Companies warrant that they have secured the consents of the Brisbane Gas Co. Ltd., the Postmaster-General and the Reprint 1 Page 9

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule Southern Electric Authority of Queensland to the construction of such viaduct. AND WHEREAS the Council relying upon such warranty has consented to the construction of such viaduct subject to the covenants conditions and stipulations and provisoes hereinafter set forth. NOW THIS INDENTURE WITNESSETH and it is hereby covenanted by and between the parties hereto as follows— 1 Subject as hereinafter provided the Council hereby grants permission for the construction by the Companies of a private viaduct cross and above Hastings Street at the position shown on the said sketch plan for the purpose of connecting the lands of Estates Buildings Pty. Limited hereinbefore described on the southern side of Hastings Street with the lands of Estates Buildings Pty. Limited hereinbefore described on the northern side of that street and the buildings constructed or about to be constructed thereupon respectively. 2 The said viaduct shall be constructed only across that part of Hastings Street marked Viaduct on the said sketch plan. The design and constructions shall be to the satisfaction of the Chief Engineer and Manager of the Council’s Department of Works, hereinafter called the Engineer , and unless the Council shall agree in writing to any variation thereof shall comply with the following general requirements— (a) It shall have a minimum clearance of sixteen (16) feet above the carriageway of Hastings Street and fourteen (14) feet above the footpaths of Hastings Street; (b) It shall have a roof and enclosed sides for the full length of the structure with adequate windows for lighting and ventilation; (c) It shall not be wider than fourteen (14) feet between external wall faces. 3 The Companies shall give to the Council fourteen (14) clear days’ notice in writing of their intention to commence the work of constructing the said viaduct and the carrying out of all subsidiary works. Upon the expiration of the said notice the Companies shall proceed as expeditiously as possible with the construction of the work the subject of the said notice. If Page 10 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule for any reason other than fire flood storm tempest or other act of God or causes beyond the control of the Companies the said works once having been commenced shall not proceed to completion without interruption to the satisfaction of the Engineer the Companies shall be liable to pay to the Council on demand by way of liquidated damages and not by way of penalty a sum of Ten pounds (£10) for every day or part of a day during which the work has been or has been allowed by the Companies to be interrupted. 4 The Companies shall at their own expense make all necessary arrangements with the Postmaster-General, the Council, the Brisbane Gas Co. Ltd. and the Southern Electric Authority of Queensland as may be necessary for the disconnection shifting alteration and or replacement of any conduits mains cables or pipes the property of the said Postmaster-General, the Council, the Brisbane Gas Co. Ltd., or the Southern Electric Authority of Queensland as the case may be but the execution hereof by the Council shall connote and be deemed to connote the consent of the Council to any of the disconnecting shifting alteration and or replacement of any conduits mains cables or pipes the property of the Council. 5 The Companies will not use or permit any other person whomsoever other than its contractors workmen servants and agents to use the said viaduct for any purpose until the same has been completed to the satisfaction of the Engineer. 6 The said viaduct and all works subsidiary thereto shall be constructed carried out and performed in every particular in strict accordance with the plans and specifications approved between and signed by the parties prior to the execution hereof, a counterpart of which is acknowledged to be held by each party, and if the Companies shall in the future deem it necessary to alter the said plans of the structures in relation to the said viaduct, then all works in accordance with such altered plans shall be carried out only after the approval in writing of the Council under the hand of the Town Clerk has been first obtained. 7 The Companies shall not permit the said viaduct or the supports thereof to operate as an obstruction to the legal user of the road but the Companies shall not be liable in an action Reprint 1 Page 11

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule for nuisance for anything done in accordance with the approved plans. 8 (a) The Council undertakes at the request and expense in all things of the Companies to carry out all works in relation to the disconnecting shifting alteration and or replacement and or the relaying of the Council’s service installations in Hastings Street including any conduits drains mains cables or pipes as aforesaid as may be necessary or expedient in the opinion of the Engineer to enable the Companies to carry out the construction of the viaduct. (b) The Companies shall on demand pay to the Council prior to the commencement thereof the estimated cost of the work to be performed by the Council pursuant to this clause. Upon completion of the work the actual cost shall be ascertained and if the amount thereof exceeds the estimated cost the Companies will pay the excess to the Council on demand; alternatively should the actual cost prove less than the estimated cost the Council will immediately refund the difference to the Companies. In ascertaining the estimated and actual cost the Council’s usual charge of 12 1 / 2 per cent. for administration and supervision shall be included in each case. ( c) The Companies will bear all risk and responsibility of and incidental to the building construction and maintenance of the said viaduct and if at any time or times hereafter any subsidence or other damage or injury shall result to the roadway of Hastings Street or any sewers mains or pipes laid in Hastings Street or electricity or other service installations therein or thereon by reason of the building construction maintenance or existence of the said viaduct or the use thereof or of the escape therefrom of any water gas electricity or any fluid force energy substance or thing the Companies will pay to the Council the amount of any expenses incurred by the Council in making good and reinstating the said roadway sewers mains pipes and service installations and the Companies will at all times keep the Council indemnified against all claims Page 12 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule demands proceedings damages or costs by or at the instance of any person or body in relation to or in connection with the construction building or existence of the viaduct or any injury or accident arising therefrom or from the use thereof or from the escape therefrom of any water gas or electricity or any fluid force energy substance or thing whatsoever. 9 The Council will from time to time as may be necessary arrange for the temporary closure of Hastings Street or any part thereof during the period of construction and during any period thereafter required for the maintenance of the said viaduct. 10 At all reasonable times the Council shall be at liberty to enter the lands hereinbefore described and the viaduct and inspect the progress of the works associated with the said construction of the viaduct and after the completion thereof the like liberty to enter the said lands and inspect the said viaduct during the existence thereof and the Companies undertake and agree that at all times they shall at their own cost and expense maintain the said viaduct and the supports thereof and all pipes and other services therein and all appurtenances pertaining thereto in a good and substantial state and condition of repair and the Council may from time to time by notice in writing inform the Companies of all defects or want of maintenance or repair and if any such notice be not obeyed to the satisfaction of the Engineer within such time as may be prescribed in such notice the Council may itself perform the work and reparation and recover all costs charges and expenses in connection therewith from the Companies. 11 Should Estates Buildings Pty. Limited or The Australian Estates Company Limited or any of its subsidiaries at any time cease to be the owner of the land abutting either end of the viaduct the Council shall have the right at any time thereafter by resolution to divest the property in the viaduct from Estates Buildings Pty. Limited or The Australian Estates Company Limited or any of its subsidiaries and vest the same absolutely in the Council and the Council may at any time after making the said resolution close remove or otherwise deal with the said viaduct in any manner it thinks fit and Reprint 1 Page 13

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule remove or make any reasonable re-arrangement of any conduits or pipes in the said viaduct all at the expense of Estates Buildings Pty. Limited and no payment shall be made to the Companies on account of such divesting or vesting: Provided always and it is expressly agreed that this right shall not enure to the Council in the event of the acquisition from Estates Buildings Pty. Limited by any other person company corporation society or association of both such abutting lands at the same time. In the event of the Council removing the viaduct in exercise of the right contained in this clause it shall not be responsible to make good any part of the building or buildings structure or structures on the abutting lands to which the said viaduct was attached or connected immediately prior to removal. 12 The Companies shall be entitled to use the said viaduct only for the passage without vehicles of their employees servants agents contractors and invitees and for the conveyance by mechanical conveyors or by motorised vehicles or by any other means of wool and wool products, and for the conveyance by pipes or conduits of water and electrical currents and any other substance of any other kind used or employed by the Companies in the conduct of their business as aforesaid which may be approved by the Council; but it is expressly agreed that the said viaduct is intended to be used in connection with the ownership of the lands described in the recitals to this 1 agreement and for the purposes of any works and operations and of any industry conducted in any buildings erected thereon and shall not be deemed to be public utilities. 13 All questions or differences whatsoever which may arise between the Council and the Companies as to the said viaduct and or subsidiary works as well as to the construction and meaning of this agreement and as to anything to be done or observed or omitted to be done or observed hereunder shall (in default of any other mutual agreement being arrived at between the parties) be referred to two arbitrators one to be appointed by each party or their umpire to be appointed before entering upon the business of the reference and in either case in accordance with the provisions of The Interdict Act of 1867 or any statutory modification thereof for the time being in force. Page 14 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule 14 These presents shall have no effect until the Parliament of Queensland shall have given statutory authority for the construction maintenance and continuance of the said viaduct and for the temporary closing or partial closing of the said roadway and footways or part of the roadway and footways to traffic during such construction and or maintenance and during the carrying out of any of the works incidental and necessary in respect of the disconnecting shifting alteration replacement and or relaying of any conduits mains cables or pipes by the Council or any other appropriate authority. 15 In this agreement the term viaduct shall, unless the context otherwise indicates or requires, be construed to include the supports of the said viaduct. 16 All costs charges and expenses of and incidental to the preparation and completion of this agreement including the stamp duty thereon shall be borne and paid by the Companies. Reprint 1 Page 15

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule IN WITNESS WHEREOF the execution of the parties hereto on the day and year first hereinbefore written. The Seal of BRISBANE CITY COUNCIL was ) hereunto affixed this thirtieth day of October, ) [L.S.] 1962, by me JAMES CAMERON ) J. C. SLAUGHTER, SLAUGHTER, I being the proper officer to ) Town Clerk. affix such seal. ) In the presence of—D. MACFARLANE, J.P. A Justice of the Peace. SIGNED SEALED AND DELIVERED by ) The Australian Estates THE AUSTRALIAN ESTATES ) Company Limited, by COMPANY LIMITED by its Attorneys, ) its Attorneys. GEORGE HAY COLMAN, and BRUCE ) [L.S.] LAURIE BLACKWELL. ) G. H. COLMAN. ) [L.S.] ) B. L. BLACKWELL. In the presence of— P. C. FERGUSON, J.P. (Q.). A Justice of the Peace. The Common Seal of ESTATES BUILDINGS ) [L.S.] PTY. LIMITED was affixed hereto by ) G. H. COLMAN. Authority of the Directors previously given. ) T. H. UREN. In the presence of—P. C. FERGUSON, J.P. (Q.). A Justice of the Peace. Page 16 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Schedule Reprint 1 Page 17

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 6 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 18 Reprint 1

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 10 December 1962 Reprint date 18 March 1996 5 List of legislation Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 date of assent 10 December 1962 commenced on date of assent Reprint 1 Page 19

Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962 Endnotes 6 Table of obsolete and redundant provisions under the Reprints Act 1992 s 39 Omitted provision references to Commonwealth references to Queensland implied Provision making omitted provision obsolete/redundant Acts Interpretation Act 1954 s 36 def Commonwealth Acts Interpretation Act 1954 s 35 7 Table of renumbered provisions under the Reprints Act 1992 s 43 [Reprint No. 1] Previous Renumbered as Preamble 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 6th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 7th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 8th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 © State of Queensland 2010 Page 20 Reprint 1