Regulated conditions for particular tenures
Schedule 1 Regulated conditions for particular tenures
section 20
1. Indemnity
The holder of this tenure (the holder) indemnifies and agrees to keep indemnified the State, the Minister, and their representatives (all the indemnified parties) against all liability, costs, loss and expenses including claims in negligence (including any claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from or incurred in connection with:
the granting of the tenure to the holder; or
the holder’s use and occupation of the land subject to the tenure; or
personal injury (including sickness and death) or property damage or loss in connection with the performance (or attempted or purported performance or non-performance) of the tenure or a breach of the tenure by the holder.
The holder hereby releases and discharges, to the full extent permitted by law, the indemnified parties from all actions, claims, proceedings or demands and in respect of any loss, death, injury illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of the use and occupation of the tenure.
To the full extent permitted by law, the State, the Minister and their representatives will not be liable to the holder for any special, indirect or consequential damages, including consequential financial loss arising out of the use and occupation of the tenure.
2. Public Liability
The holder must take out a public liability insurance policy with a general insurer authorised under the Insurance Act 1973 (Cwlth) or, if not so authorised, then only with the Minister’s approval, which can be given or withheld in the Minister’s sole discretion, naming the holder as the insured covering legal liability for any loss of, or damage to, any property and for the injury (including death) to any person arising out of anything done or omitted on or about the land or any improvements thereon and against all claims, demands, proceedings, costs, charges and expenses whatsoever (including claims in negligence).The policy must:
be for an amount of at least $20m or a higher amount as the Minister may reasonably require; and
have no sublimit for each event; and
be effected on a ‘claims occurring’ basis; and
be maintained at all times during the currency of the tenure.
On receipt of any notice of cancellation, the holder must immediately take out another public insurance policy in accordance with the terms of the tenure.The holder must, as soon as practicable, inform the Minister, in writing, of the occurrence of any event that the holder considers is likely to give rise to a claim under the policy of insurance effected and must ensure that the Minister is kept fully informed of subsequent actions and developments concerning the claim.
The holder must renew the policy, at the holder’s expense, each year during the currency of the tenure.
This condition will be satisfied if the holder is the State or a statutory authority eligible for insurance from the Queensland Government Insurance Fund and is insured, and continues to be insured, by the Queensland Government Insurance Fund.
This condition will be satisfied if the holder is the Commonwealth or a statutory authority eligible for insurance from Comcover and is insured, and continues to be insured, by Comcover.
3. Access
The provision of access, further access or services to the land subject to the tenure will not be the responsibility of the State.
4. Survey Costs
If the land subject to the tenure needs to be surveyed or re-surveyed, the holder must do this at its own cost under the Survey and Mapping Infrastructure Act 2003. The survey plan must be lodged in the land registry within the specified time.
5. Jurisdiction
The tenure is subject to the Land Act 1994 and all other relevant State and Commonwealth legislation.
6. Compliance with Laws
The holder must comply with all lawful requirements of:
the local government for each local government area in which the land subject to the tenure is situated; and
any department of the State or Commonwealth, or local authority or statutory instrumentality having jurisdiction over the land, or the development, use and occupation of the land, in regard to its use, occupation and development of the land.
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