Reference No. 0594 4 November 2015

Laurie Brentnall Statutory Planning Department South Gippsland Shire Council 9 Smith Street Leongatha VIC 3953

Dear Laurie,

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Planning Permit Application - Group Accommodation - 185 Agnes River Road, Agnes

1.0 Introduction

Metropol Planning Solutions acts on behalf of Absinthe Pty Ltd, owner of 185 Agnes River Road, Agnes.

On behalf of our client we are pleased to submit a planning permit application for the construction of two dwellings to be used for Group Accommodation at this rural property.

The proposed buildings are both approximately 65 square metres in size, comprising two bedrooms and are of single storey construction. They will feature muted colours and finishes so as to sit within the landscape. The proposed buildings will be sited a short distance to the east of an existing dwelling and its associated outbuilding in the north east corner of the site.

The buildings have been sited to minimise their visibility from the surrounding area by placing them below a ridgeline which is located to their north, enabling them to nestle into the hillside.

The subject site is approximately 23 hectares and currently accommodates a single dwelling and associated outbuildings and the land is utilised for the grazing of beef cattle.

The site is located on less productive agricultural land than much of the surrounding area, being located on higher ground (which is drier and with shallower soils) than the land used for dairying to the north. Refer Appendix A for contour maps of the site and surrounds.

We submit that the proposed Group Accommodation will have a negligible effect on the current and future agricultural use of the land and will not lead to conflict with existing and future agricultural practices in the surrounding area. The proposal will support economic activity and employment.

The subject site enjoys commanding views over Wilsons Promontory and Corner Inlet to the south, which will attract regular visitations from tourists.

Metropd Planning Solutions Pty Ltd acn 132 197 552

Second floor 555 Riversdale Road Camberwell Vic 3124

P0 Box 478 Camberwell Vic 3124

Telephone 03 9882 3900 Facsimile 039882 9969

info@rnelropcAplannirig.co,n au

We submit that the proposed Group Accommodation is in keeping with the aspirations of South Gippsland Shire Council regarding economic development and tourism and has been carefully sited to avoid fragmentation of agricultural land and to avoid the potential for land use conflict.

2.0 The Proposal

The proposal includes the construction of two single-storey buildings in the north east corner of the subject site for Group Accommodation. The proposed buildings will comprise two bedrooms, two bathrooms and an open plan kitchen, living dining area.

The buildings will be constructed from corrugated colourbond cladding of a muted colour similar to or matching that of the existing dwelling on the site (dark grey). The low scale of the buildings and their siting below a ridgeline will ensure that they will nestle within the landscape without dominating it.

The proposed buildings will be grouped together in close proximity to other buildings on the subject site so as to minimise the fragmentation of productive agricultural land. The existing farm will continue to operate as it currently operates and the loss of farmland from the proposed use will be minimal.

The proposed buildings will be constructed on twelve steel columns in concrete pads for low impact. There will be minimal soil excavation. The sensitive design and siting of the buildings will ensure soil erosion does not result from the proposal. Access to the proposed buildings will be via an all-weather gravel accessway through a Government Road reservation which our client leases.

The dwellings will be rented out as short term accommodation to meet the growing demand for tourist accommodation within the area.

The site is cleared of vegetation and therefore fire risk is limited to grass fires over the surrounding open paddocks. The site is removed by some distance from any substantial stands of trees. Grass within proximity of each building will be carefully managed through mowing and grazing practices to ensure that fire risk is mitigated.

3.0 Site Context

The following figure provides aerial photography of the site and its surrounds and provides an indication of the existing conditions, including buildings, roads and vegetation. This image demonstrates that the site and surrounds are largely used for agricultural purposes in the form of broadscale grazing, including for milk production (more fertile areas to the north) and beef cattle grazing (subject site and land on south facing slopes to the east of the site).

The red line indicates the site's approximate boundaries and the blue circle indicates the approximate location of the proposed Group Accommodation. Agnes River Road abuts the western boundary of the site and the subject site and proposed dwellings will utilise the existing gravel (all weather) accessway visible in Figure 1.

The aerial photo shows that the site is cleared of trees.

Figure 1: Aerial photograph of site (outlined in red) and immediate surrounds

Figure 2 illustrates the subject site's close proximity to Wilsons Promontory National Park and Corner Inlet, The subject site is 1.4 kilometres north of the South Gippsland Highway (A440) providing for excellent access to numerous tourist attractions and towns within the municipality.

Figure 2: Site Locality Map

4.0 Zoning

The subject site is zoned Farming. Refer Figure 3. The purpose of the Farming Zone includes:

To provide for the use of land for agriculture.

. To encourage the retention of productive agricultural land.

• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

Group Accommodation is categorised as a Section 2 use within the Farming Zone and thus requires a planning permit. A planning permit is also required for buildings and works associated with a Section 2 use.

Figure 3: South Gippsland Planning Scheme Zoning

A

The Farming Zone states that before making a decision on the application the responsible authority must consider Clause 65 of the South Gippsland Planning Scheme and the Local Planning Policy Framework including the Municipal Strategic Statement.

Additionally, the responsible authority must consider the following which relate to dwellings and design and siting issues within the Farming Zone:

• Whether the dwelling will result in the loss or fragmentation of productive agricultural land

• Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust noise, odour, use of chemicals and farm machinery, traffic and hours of operation.

• Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses.

• The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.

• The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land

• The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minim/se any adverse impacts.

• The impact on the character and appearance of the area or features of architectural historic or scientific significance or of natural scenic beauty or importance.

• The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities.

• Whether the use and development will require traffic management measures.

The existing dwelling and its associated outbuildings are located towards the north east corner of the subject site and the proposed buildings will be located in the same area. The two proposed buildings have been sited near the existing dwelling to form a cluster so as to avoid fragmentation of the land and minimise the loss of agricultural land.

The existing agricultural use of the subject site and surrounding land will not impact up on the proposed Group Accommodation. The subject site is used for broadacre grazing for beef cattle. The adjoining property to the east is used for this same purpose. The property to the north is used for milk production with a dairy located approximately 500 metres from the boundary of the site. The diary is not visible from the subject land due to the topography of the land, with a broad ridgeline separating it from the subject site. The land on the property to the north is used for broadacre dairy cattle grazing and will not lead to land use conflict with the proposed Group Accommodation,

There is no reason to believe the proposed Group Accommodation will encourage further residential development in the area.

The proposed buildings are small in terms of their overall footprint (approximately 65 square metres) and low in scale with flat roofs further reducing their overall height. They will feature muted colours and finishes so as to sit within the landscape. From a distance the buildings will appear similar to agricultural outbuildings. The proposed buildings will be sited to the east of the existing buildings and well below the ridgeline thus ensuring minimal impact and visibility from the surrounding area. Refer Appendix A for contour maps of the site and surrounds.

Electricity will be run underground to the proposed buildings. A new septic system which meets all of the requirements of the EPA Septic Tank Code of Practice 891.3 Feb 2013 will be installed. A Wastewater Assessment Report prepared by Valley Septics finds that the proposed septic system will adequately handle the effluent generated by the two proposed buildings.

The development is limited in scale and will not result in any significant increase in vehicle traffic.

5.0 Overlays

The subject site is affected by Schedule 5 to the Environmental Significance Overlay, titled Areas Susceptible to Erosion. Refer Figure 4. The purpose of the schedule is to protect land prone to erosion by minimising land disturbance and runoff and to prevent increased surface runoff.

Figure 4: South Gippsland Planning Scheme - Environmental Significance Overlay

Clause 42.01-3 of the South Gippsland Planning Scheme requires a planning permit for buildings and works on land affected by the Environmental Significance Overlay. An application for a planning permit must include:

• The existing conditions including streams, vegetation and contour intervals at suitable scale.

• The location and layout of the proposed buildings and works.

Schedule 5 to the Environmental Significance Overlay states that before making a decision on the application the responsible authority must consider the following which relate to dwellings and design and siting issues within the Farming Zone:

• Whether the land is capable of pro viding a building envelope, which is not subject to high or severe erosion problem.

• Whether the proposed buildings or works are likely to cause erosion or landslio.

• Whether the proposed access and servicing of the site or the building envelope is likely to result in erosion or landslip.

The application includes a site plan which details the existing conditions on-site including vegetation and contour intervals at a suitable scale. The proposed location and layout are shown on the plans provided to Council as part of the application.

The building envelope for each of the two proposed dwellings is 65 square metres and will not generate unreasonable runoff, with rainwater tanks capturing stormwater for reuse for drinking and fire fighting purposes.

The proposal includes use of the existing accessway and a minor extension to this accessway to gain access to the proposed buildings. The upgrade of the accessway will be sited on gently sloping land to ensure no landslip or erosion occurs. The proposed accessway upgrade will have no impact on existing agricultural land and will provide for safe all weather vehicular movement from Agnes River Road.

The subject site is also affected by Schedule 3 to the Significant Landscape Overlay, titled Corner Inlet Amphitheatre, In addition to the high environmental significance of the area Schedule 3 states;

Mount Hoddle and the Welshpool Hills are prominent landforms which provide an amphitheatre setting for Corner Inlet and Wilsons Promontory, with the entire landscape unit being of regional significance.

A key landscape character objective to be achieved through the overlay is to ensure buildings and structures do not dominate the landscape.

Figure 5: South Gippsland Planning Scheme - Significant Landscape Overlay

1.

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The Schedule states that a permit is not required for a building where the following conditions are met:

• The building is single storey and no more than 7.5 metres in height above natural ground level; and,

• Has a total area of less than 250 square metres; and

Is constructed in muted, non reflective tones.

The proposed buildings are single storey with a maximum height of 4.3 metres. Each dwelling has a footprint of only 65 square metres and features non-reflective

finishes. The proposed dwellings meet the conditions of Schedule 3 to the Significant Landscape Overlay and therefore we submit the proposed dwellings do not require a permit under Schedule 3 to the Significant Landscape Overlay.

6.0 Relevant Policy Considerations

The Municipal Strategic Statement of the South Gippsland Planning Scheme sets out the objectives and strategies for managing the use and development of land within the municipality.

Clause 21.06 addresses the importance of environmental and landscape values within the municipality. Objectives of the clause in relation to hinterland landscapes include:

To ensure that hinterland development between settlements responds appropriately to the landscape setting and character

To maintain locally significant views and vistas that contribute to the character of the coastal and coastal hinterland region.

To ensure that development is subordinate to the natural, visual and environmental landscape character and significance.

Environmental risks are addressed in Clause 21.07 of the South Gippsland Planning Scheme. Soil erosion is a key land degradation issue facing the municipality and future development is to ensure the health of land and water resources.

Clause 21.08 recognises the importance of the agriculture industry to South Gippsland Shire. A key objective for the municipality is to maintain a viable and sustainable agricultural industry.

Clause 21.11 titled Economic Development, recognises the significance of tourism on the South Gippsland Shire economy. The South Gippsland Planning Scheme recognises the importance of tourism related to Wilson's Promontory National Park and Corner Inlet. Clause 21.11-4 which relates to economic development through tourism encourages the development of group accommodations in appropriate locations to foster a diverse range of tourism opportunities.

The proposed buildings and land use are in keeping with the objectives and strategies of the Municipal Strategic Statement. The proposed Group Accommodation will be sited near existing buildings onsite thus avoiding fragmentation of productive agricultural land. The two buildings will be sited below a ridge line (to their north) and finished in muted materials and finishes to ensure the dwellings remain subordinate to the natural landscape.

Clause 21.11-4 supports the development of Group Accommodation to further economic activity generated by tourism. We submit that the minor loss of productive agricultural land will not impact the productive nature of the land and the proposed Group Accommodation will contribute to the economic development of the municipality in keeping with Clause 22.11-4. The subject site is in close proximity to Wilsons Promontory National Park and Corner Inlet and enjoys views over these areas and is likely to be well frequented by short-stay visitors and thus the proposed Group Accommodation business is likely to thrive.

The proposal represents a small business opportunity which will produce dividends for the South Gippsland Shire economy without impacting upon the landscape or environment. Local residents will be employed in both the construction and maintenance of the Group Accommodation. We therefore consider the proposal to be worthy of planning permission.

7.0 Planning Permit Application

Please find enclosed the following documentation to support our planning permit application:

• Completed Planning Permit Application Form • Architectural Plans prepared by Johnson Clyne • Wastewater Assessment Report prepared by Valley Septics • Proposed Septic System Plan prepared by Valley Septics • Current Certificate of Title and accompanying plan (searched on 28

October 2015) • Cheque for $604 being the prescribed fee for an application of this

type as set out in the Planning and Environment (Fees) Interim Regulations 2014

Should you have any queries regarding this matter please do not hesitate to contact me on 9882 3900 or via email: michael@rnetropolplarniing.cpm.au.

Yours sincerely

Michael Dunn Director Metropol Planning Solutions Pty Ltd

Eric: Refer list above

cc: File

Appendix A: Contour Maps

Reference No. 0594 - I Metropol

10 December 2015 I • LLC Planning Solutions Pty Ltd acn 132 197 552

Suzanne Occhipinti Second floor 555 Riversdale Road

Senior Planning Officer cil

Camberwell Vic 3124 South Gippsland Shire Coun 9 Smith Street PC Box 478 Leongatha VIC 3953 Camberwell Vic 3124

Telephone 03 9882 3900 Facsimile 03 9882 9969

Also by email: suzanne.occhipinti@southgippsland.vic.gov.au InfornetroporpIannin9 corn

Dear Suzanne,

Planning Permit Application 2015/344 - Use and develop land for group accommodation comprising two (2) cabins and associated works - 185 Agnes River Road, Agnes

We write in response to Council's request for further information dated 7 December 2015.

We provide the following response to each of the items requested in Council's correspondence:

1. Three copies of an amended site plan, having regard to the following:

a) Location, dimensions and surface treatment of proposed car parking spaces proposed

• Drawing 781/1 has been amended and now illustrates the location, dimensions and surface treatment of the proposed car parking spaces (Refer enclosed Drg 781/1C). The site plan also now includes more detailed plans of the immediate surrounds of the proposed accommodation buildings. Please also note that the site plan has been amended to relocate the accessway to the easternmost accommodation building wholly within the boundaries of our client's freehold title, avoiding use of the Government Road Reserve.

b) Proposed landscaping to provide a visual screen of the Group Accommodation dwellings

• Drawing 781/1 has been amended and now illustrates proposed landscaping to provide a visual screen of the Group Accommodation dwellings (Refer enclosed Drg 781/10). The landscaping will be located to either side of each accommodation building and to the north to provide

Page 1 of 2

2.

screening. Indigenous plant species will be used for this landscaping.

a) A copy of the Lease of the unmade Government Road Reserve

Please find enclosed a copy of Agricultural Licence No. 1509009. However we note that the site plan has been amended to locate all accessways within the boundaries of our client's freehold title, so as to avoid any potential issues regarding the use of the Government Road Reserve for accessway purposes. The Government Road Reserve provides a generous buffer between our client's site and the adjoining property to the north.

b) Proposed colours of the external cladding materials • Drawing 7811213 has been amended and now includes a

finishes and colours schedule and details (Refer enclosed Drg 78112C). The nominated external materials are muted / dark tones with the exception of the zincalume deck roofs, however these are flat roofs and will not be visible from the surrounding area given that the site is located near the top of a ridge above the surrounding area.

c) Use of the existing dwelling for Group Accommodation

• We acknowledge Council's concerns regarding the use of the existing dwelling for Group Accommodation. The client has been provided with a copy of Council's correspondence. Our application is not proposed to be amended to provide for this use.

We trust that the enclosed information satisfies Council's request for further information and look forward to receiving advertising instructions in due course.

Should you have any queries regarding this matter please do not hesitate to contact me on 9882 3900 or via email: michael@metropolplanning.com.au.

Yours sincerely /

Michael Dunn Director Metropol Planning Solutions Pty Ltd

Enc: 3xA3 Amended Plans (781/10 and 781/20) prepared by Johnson Clyne Agricultural License No. 1509009

cc: File

Page 2 of 2

I

_7 Department of Environment, Land, Water & Planning

ABN 90 719 052 204

A GRICUL TURAL LICENCE LAND ACT 1958

Section 130

THIS LICENCE is granted by the Licensor to the Licensee and commences on the date set out in the Schedule.

In consideration o f the payment o f the licence fee and the conditions contained in this Licence, the Licensor or a person authorised by the Licensor, at the request of the Licensee HEREBY AUTHORISES the Licensee to use the Crown land described in the Schedule for the specified purposes set out in the Schedule.

This Licence is subject to the provisions o f the LandAci 1958 and Regulations thereunder, the licence conditions attached and any Statutory and other Special Conditions set out in the Schedule.

V. S ignattire o r L icensor or Authorised person

Vannessa Jones

The Licensee hereby agrees that payment o f the Licence Fee, shown in Item 7 of the Schedule, by the Licensee shall constitute acceptance by the Licensee o f this Licence and shall constitute an undertaking by the Licensee that the Licensee shall comply with the terms and conditions o f this Licence.

NOTE: I This licence is not valid wi l l l pai'meni o f the Licence Fee shown in lieu: 7 of the Schedule is

received by the Department o f Environment, Land, Water & Planning.

This Licence is an important docmnent and should be stored in a secure and safe place. It will be needed i f you sell your property% i n the event o f loss, a replacement Ji'e may be charged.

Vet's ion 3 2003

ORIA E'co L o 5 Wotr

I

INDEX

SCHEDULE

PLAN

LICENCE CONDITIONS

1 Grant

2 Licensee's Obligations (Positive) 2.1 Licence fee 2.2 Rates a n d Taxes 2.3 Indemnity 2.4 Maintenance, 2.5 Fire Protection Works 2.6 Condit ion a t Termination 2.7 Notice o f Defects a n d o t h e r matters 2.8 Compl iance wi th Law 2.9 Compl iance wi th Directions 2.10 Ar r ea r s a n d interest 2.11 F u r t h e r Conditions

3 Licensee's Obligations (Negative) 3.1 Use o f Licensed land 3.2 Allow rubbish 3.3 Hazardous Chemicals 3.4 Burning 3.5 Assignment 3.6 Licensor 's Entry 3.7 Void insurance 3.8 Cult ivation a n d Use o f Licensed land 3.9 Erection o f Improvements

4 Genera l Conditions 4.1 Termina t ion u p o n Default 4.2 Termina t ion wi thout Default 4.3 Licensee's Improvements 4.4 Secre tary m a y remove a n d dispose o f property 4.5 Licensor 's/Secreta r y ' s Agents 4.6 Notices 4.7 Review o f Licence fee 4.8 Deb t recovery

5 Definitions

6 Interpretations

\ e r I u n 12003

1. Licence No. 1509009

2. Licensor MINISTER FOR ENVIRONMENT, CLIMATE CHANGE & WATER

3. Licensee JOHN LOCKIE DIRECTOR ABSINTHE P/C ATF LOCKIE SUPERANNUATION FUND

4. Address 278 WILLIAMSTOWN ROAD

PORT MELBOURNE, 3207

5. Commencement Date 01 OCTOBER 1994

6. Term 99 YEARS

7. Licence Fee $59.00

8. Paid ANNUALLY

9. Licensed Land All that land being: MUNICIPALITY OF SOUTH GIPPSLAND UNUSED ROAD NORTH OF CROWN ALLOTMENT 21 F, SECTION C, PARISH OF TOORA

AS INDICATED ON ATTACHED PLAN/S.

10. Area (Ha) 1.2000

11. Powers under which land is granted SECTION 130 LAND ACT 1958

12. Specified Purpose GRAZING 13. Statutory and other Conditions

THE LICENSEE MUST IF DIRECTED TO DO SO IN WRITING BY THE LICENSOR MAINTAIN SUITABLE UNLOCKED SWING GATES, CATTLE PITS, RAMPS OR OTHER SUITABLE MEANS OF PASSAGE IN ANY FENCE ACROSS THE LICENSED LAND.

14. Special Conditions NIL

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LICENCE CONDITIONS Grant The rights conferred by this Licence are non-exclusive, do not create or confer upon the Licensee any tenancy or any estate or interest in or over the licensed land or any part o f it. and do not comprise or include any rights other than those granted or to which the Licensee is otherwise entitled by law.

2 Licensee's Obligations 'Positive,) The Licensee Hereby Covenants with the Licensor that during the term the Licensee will: - 2.1 Licence fee

Duly and punctually pay or cause to be paid the licence fee to the Licensor at the payment address advised by the Licensor from time to time on the days and in the manner pros ided in Item 8 o f the Schedule without demand, deduction. sct-ofl'or abatement.

2.2 Rates and Taxes 2,2.1 Duly and punctually pay as and when they respectively fall due all rates and taxes on the

licensed land. 2,2.2 If requested to do so by the Licensor, produce receipts to the Licensor evidencing payment o f the

rates and taxes. 2,2.3 Duly and punctually pay to the Licensor at the same time and in the same manner as the licence

fee is payable to the Licensor (or as otherwise notified to the Licensee by the Licensor) under clause 2.1 above the amount o f any GST payable on or in relation to this licence and/or the rent payable thereunder or that becomes payable by the Licensor during the period covered by the fee.

2.3 indemnity. Indemnify the Crown in respect o f any claim or liability for property damage and/or injury or death of any person which arises directly or indirectly out o f negligence, tort, contract, or breach 01"a statutory duty by the Licensee or any associated party consequential to the use or occupation o f the licensed land. including, but without restricting the generality o f the feregoing, the pollution or contamination o f land or water, and any costs, charges and expenses incurred in connection therewith.

2.4 Maintenance 2.4.1 Throughout the term keep the licensed land in good order and condition and the improvements

(if any) on it in good order and condition having regard to their condition at the commencement date or, i f constructed or added to the licensed land after the commencement date, at the date of such construction or addition as the case may be and in particular but without restricting the generality o f the foregoing will: - 2.4.1.1 Keep the licensed land free o f pest animals and weeds: 2.4.1.2 Remedy every defitult o f which notice is given by the Licensor to the Licensee

within a reasonable time specified in the notice but in any event the time specified in the notice will not be less than 14 days.

2.5 Fire Protection Works Undertake all lire protection orks on the licensed land required by law to the satisfaction of the Licensor and the responsible fire Authority

2 . 6 Condition at Termination On expiry or prior determination o f this Licence return the licensed land to the Licensor in good order and condition and otherwise in accordance with the Licensees obligations.

2 . 7 Notice o f Defects and oilier matters 2.7.1 (ii e the Licensor prompt notice in writing of any accident to or defect in the licensed land and

o f any circumstances likely to cause any damage risk or hazard to the licensed land or any person on it;

2.7.2 ( i i e to the Licensor within 7 days o f its receipt by the licensee a true copy o f every notice, proposal or order -iN en, issued or made in respect of' the licensed land and full details o f the circumstances o f it:

2.7.3 Without delay take all necessary steps to comply with any notice, proposal or order referred to in paragraph 2.7.2 with which the Licensee is required to comply: and

2.7.4 At the request o f the Licensor make or join with the Licensor in making such objections or representations against or in respect o f any notice. proposal or order referred to in paragraph 2.7.2 as the Licensor deems expedient.

2.8 Compliance with Law Comply at the Licensees cost with the provisions o f all statutes. regulations, local laws and by-laws relating to the licensed land and all lawful orders or direction made under them:

Version 3 2003

2.9 Cwnpliance with Directions 2.9.1 At the Licensee's Cost forthwith comply with any written direction given by the Secretary during

the term as to the: - 2.9.1.1 grazing or management o f the licensed land (including fencing). or the number and

type of stock which may be depastured on the licensed land: 2.9.1.2 frequency, timing and method o f cultivation: 2.9.1.3 water supply and other improvements: 2.9.1.4 reclamation o f eroded areas and land degradation: or 2.9.1.5 retention or clearance o f native vegetation.

2.10 Arrears and Interest 2.10.1 Pay to the Licensor: -

2.10.1.1 on any moneys payable by the Licensee to the Licensor and outstanding for thirty (30) days or on any judgment for the Licensor in an action arising under the Licence. interest at the penally rate o f interest for the time being made payable under the Penalty i;iterest Rate.c Act 1983 computed horn the date the moneys or judgment became payable until all moneys (including interest on them) are paid in full:

2.10.1.2 on demand all the Liccnsor's legal costs and disbursements payable in respect o f or in connection with any assignment o f this Licence or under-licensing o f the licensed land, any surrender o f this Licence, the giving o f any consent by the Licensor or any thilure by the Licensee to perform and observe this Licence, or any deed or other document executed in connection xvith this Licence.

2.11 Further Conditions Comply with the Statutory and other Conditions contained in Item 13 of the Schedule and with the Special Conditions contained in Item 14 of the Schedule.

3 Licensee Obligations(Negative) The Licensee Hereby Covenants with the Licensor that during the term the Licensee will not - 3.1 Use o f Licensed land

Use the licensed land for any purpose other than the specified purpose rcfrrcd to in Item 12 o f the Schedule or any additional purpose specified in Item 14 o f the Schedule without first obtaining the Licensors written consent which can be given or withheld at the absolute discretion o f the Licensor or be given subject to conditions.

3.2 Allow rubbish Permit any rubbish to accumulate in or about the licensed land.

3.3 Hazardous ('/,eu,zicals Keep any hazardous chemical on the licensed land without the Licensor's written consent which can be gi en or withheld at the absolute discretion o f the Licensor or he gi en subject to conditions.

3.4 Burning Undertake any burning o f vegetation or any other matter on the licensed land without first obtaining any necessary permit and the ritten approval of' the Licensor which can he given or withheld at the absolute discretion of the Licensor or be given subject to conditions PROVIDED HOWEVER that the consent of the Licensor is not required for the burning of' crop stubble.

3.5 Assignment Without first obtaining the written consent of' the Licensor assign. under-license, mortgage, or charge this Licence or part with or share possession o f the licensed land or any part o f it.

3.6 Licensors Entry 3.6.1 Pre ent. attempt to prevent or in any other ay hinder, obstruct or permit the hindrance or

obstruction o f the I .iccnsor or the Licensor's employee or agent at any time from entering and remaining on the licensed land either with or without motor ' chides or oilier equipment for any purpose and in particular, but without restricting the generality o f the foregoing. for any o f the following purposes:- 3,6.1.1 retaking or attempting to retake possession o f the licensed land: 3.6.1.2 inspection: or 3.6.1.3 any other lawful purpose.

3.7 Void insurance Do or allow anything to be done which might result in any insurance's relating to the licensed land becoming void or voidable or which might increase the premium on any insurance.

\ers ion 3 2003

3.8 Cultivation and Use o f Licensed land 3.8.1 Without the Licensor's prior written approval, which can be given or withheld at the absolute

discretion o f the Licensor or he gi en subject to conditions. 3.8.1.1 fell, ringhark, injure, destroy or remove any living or dead vegetation (except

weeds) or fallen timber on the licensed land: 3.8.1.2 plough, cultivate, work. break LIP or remove soil or construct any earthworks on the

licensed land: 3.8.1.3 plant any vegetation. seed or crop on the licensed land: or 3.8.1.4 apply firtilizer to the licensed land.

3.9 Erection o f Improvements Erect or permit the erection o f any improvement on the licensed land without the Licensor's prior written approval, which can be given or withheld at the absolute discretion o f the Licensor or be given subject to conditions.

4 General Conditioiis 4.1 Termination upon Default

If the Liccnsor is satisfied, after giving the Licensee a reasonable opportunity to be heard, that the licensee has failed to comply with any terms or conditions of the licence, the Licensor may. by notice published in the Government Gazette, declare that the licence is cancelled, and upon cancellation the licensee will not be entitled to any compensation whatsoever.

4.2 Termination ivilhout Default 4.2.1 In addition to and not in substitution for the power to cancel this Licence under clause 4.i. the

Licensor may by giving to the Licensee three months' written notice to that effect cancel this Licence upon a date to be specified in that notice not thstanding that there has been no breach by the Licensee o f any term or condition of this Licence.

4.2.2 If the licence is terminated under this clause the Licensee is entitled to receive and will be paid by the Licensor a refund ot'an amount o f the licence fee paid.

4.2.3 The amount o f refund will be determined by the Licensor on a pro rata basis., taking into account any period of the licence remaining at the date of cancellation.

4.2.4 Except as provided in sub clause 4.2.2 above no compensation is payable in respect o f the cancellation o f the licence.

4 . 3 Licensee Improvements 4.3.1 The Licensee's improvements shall remain the property o f the Licensee. 4.3.2 On the cancellation or expiration o f the Licence the Licensee must, within a period of time

specified by the Secretary, remove all Licensees improvements from the licensed land and forthwith make good all damage caused to the licensed land by the affixing, retention or removal o f Licensee's improvements to the satisfaction o f tile Secretary.

4.4 Secretary may remove and dispose ofproperty If the Licence expires, or is cancelled under clauses 4.1 or 4.2, the Secretary may at the end o f the period o f time specified tinder Clause 4.3.2 remove the Licensee's chattels and improvements and store them at the Licensee's expense without being liable to the Licensee for trespass. detinue, conversion or negligence. After storing them for at least one month, tile Secretary may sell or dispose o f them by auction, private sale, gill, distribution or otherwise and apply the net proceeds towards the payment 0! any moneys owed by tile Licensee to the Licensor.

4.5 Licensor 's/Secretary c Agents Every act or thing to be done, decision to he made or document to he signed pursuant to this Licence by the Licensor or the Secretary and not required by law to be done, made or signed by the Licensor or the Secretary personally may be done made or signed by any person to whorn such power has been delegated by tile Licensor or the Secretary.

4.6 Notices Any notice consent or demand or other communication to he served on or given to the Licensee by the Licensor under this Licence shall be dccnled to ila\ e been duly served or given ifit is in writing signed by the Licensor and delivered or sent by pie paid post to the Licensee's address set out in Item 4 o f the Schedule or to the latest address stated by the Licensee in any written eomnlunication ' itil the Licensor.

4.7 Review ofLicencefèe The licence fee, unless it has been paid in lull l'or the term, will be reviewed by the Licensor every three years from 1st October 1997. and the revie'.cd foe shall commence on the day following the date fixed for each such review.

4.8 Debt recovery All moneys payable by the Licensee to the Licensor under this Licence are recoverable from tile Licensee as liquidated debts payable on demand.

Vers ion 3 2001

S Definitions Unless inconsistent with the context or subject matter each word or phrase defined in this clause has the same meaning when used elsewhere in the licence. "commencement date means the date described in Item 5 of the Schedule and is the first day oftlie term: "Crown" means the Crown in right o f the State o f Victoria and includes the Secretary and each employee and agent o f the Crown or the Secretary:

means a goods and services tax within the meaning of the A Yen- Tax Si-stein (Goods am] Services Tax) Act 1999. "Department" means the Department o f Environment, Land. Water & Planning or its successor in law: "flora" has the same meaning as in the Flora and Fauna Guarantee let 19N8; "hazardous chemical" includes gas, inflammable liquid, explosive substance, pesticide, herbicide, fertiliser and other chemicals: "improvement" includes building, dam, levee, channel, sign, permanent fence, or other structure and any addition to an existing improvement, "licensed land" means the land described in Item 9 o f the Schedule: "Licence fee" means the licence fee described in Item 7 o f the Schedule as varied during the term: "Licensee" means the person named in Item 3 o f the Schedule and includes the permitted assigns and successors in law to a Licensee: "Licensee's Improvements" includes growing crop. building, structure, sign. fence and any other structural improvement including dam, levee, channel or any other earthworks but does not include any such improvement shown in Item 14 o f the Schedule as being or becoming the property of the Licensor. "Licensor" means the Minister of the Crown for the time being administering Division 8 o f Part I o f the Laud Ic! 195b or such other Minister o f the Crown or Government Authority to whom responsibility for this Licence may at any time be given: "person" includes a body corporate as well as an individual: "Pest animals" has the same meaning as in the C'alchunent and Land Protection l i t 1994: "rates and taxes" means all existing and future rates (including excess water rates and any special rates or levies) taxes, charges. tariffs, assessments, impositions and outgoings whatsoever now or at any time imposed. charged or assessed on or against the licensed land or the Licensor or the Licensee or payable by the owner or occupier o f the licensed land: "schedule" means the schedule to this Licence: "Secretary" means The Secretary to the Department o f En ironment. Land, Water & Planning. the body corporate established under the Conservation, Fo,'e.'.i. and La/k/s ,let 1987: "sign" includes names, advertisements and notices: "soil" includes gravel, stone, salt, guano. shell, sand, loam and brick earth: "term" means the period of time set out in Item 6 o f the Schedule, as and from the commencement date: "weeds" include noxious weeds within the meaning o f the Catchuneni and l a n d Protection -h-i /994 . and prescribed flora within the meaning o f the Flora and Fauna Gorowitce Act /MS: "writing" includes typewriting, printing, photography, lithography and other modes o f representing or reproducing words in a visible form and "written" has it corresponding meaning.

6 Interpretations 6.1 A reference importing the singular includes the plural and \ ice versa. 6.2 The index and headings are included for ease o f reference and do not alter the interpretation or this

Licence. 6.3 If any day appointed or specified by this Licence fulls on a Saturday, Sunday or a day appointed under

the Public I/o/ic/rn-s Act 1993 as a holiday for the whole day the day so appointed or specified is deemed to be the first day succeeding the day appointed or specified which is not a Saturday. Sunday or day appointed as a holiday.

6.4 References to an Act o f Parliament or a section or schedule o f it shall he read as if' the words "or any statutory modification or re-enactment thereof'or substitution thcrcfbr" were added to the reference.

6.5 If the Licensee comprises more than one person, the co enants and agreements contained in this Licence shall be construed as having been entered into by, and arc binding, both jointly and severally on all and each o f the persons who constitute the Licensee.

6.6 References to clauses, sub-clauses and Items -are refircnees to clauses., sub-clauses and Items o f this Licence respectively.

VL'rsion 3 2003

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