Second Schedule Conditions, etc., of sale of freehold land

Clause 7

1. The land described in the first schedule is sold subject to—

(a) the existing tenancies and all rights of tenants by contract, custom, statute or otherwise and to all public rights of way, easements and quasi‑easements, licences granted or agreed to be granted for grazing rights, rights of way or other purposes, liabilities and charges for rates or supply of services or payments in lieu thereof and liabilities to maintain fences, repair streets and the like to which the same may be subject;

(b) in the case of the land described in paragraph 1 of the first schedule—

(i) the rights of the Marine Board of Launceston under the contract with the Commonwealth on behalf of the Commission for the purchase of 67 acres 1 rood 361/10 perches or thereabouts (excluding a road) adjoining the land of the Board;

(ii) the rights of Tasmanian Electro Metallurgical Co. Pty. Ltd. under a contract with the Commonwealth on behalf of the Commission for the purchase of 279 acres 2 roods 86/10 perches or thereabouts (excluding a road) adjoining the land referred to in sub‑paragraph (i);

(iii) arrangements made for the dedication of a road in place of the existing road running generally south and west from the Bell Bay Road;

(iv) the rights of the Public Works Department of the State in respect of 84 acres 2 roods 148/10 perches or thereabouts for the new East Tamar Highway running generally easterly from the George Town‑Launceston road;

(v) the rights of the Hydro‑electric Commission of the State under contracts entered into or agreed to be entered into for way leave easements over, and a sub‑station or sub‑stations on, the land; and

(vi) such rights as affect the land in respect of the pipe line and reservoir constructed for the purposes of the North Esk Regional Developmental Scheme and access from the reservoir to the East Tamar Highway;

(c) the encumbrances, interests, reservations, exceptions, provisos, covenants and rights of any kind to which the land is subject as set out in the respective Crown Grants, Certificates of Titles or conveyances on which title to the land is based.

2. In relation to the land referred to in paragraph 1 of the first schedule—

(a) the Commission will not be bound to furnish to the Company title thereto under the Real Property Act of the State until such title is obtained by the Commonwealth pursuant to the acquisition of the land for the purposes of the Commission; and

(b) the Company will accept title to the land as aforesaid in accordance with the survey of the land in the course of being carried out and shall not be entitled to compensation in respect of any adjustment of the boundaries of the land (including the boundaries with the land described in sub‑paragraphs (i), (ii) and (iii) of paragraph 1 (b) of this schedule) made in accordance with the survey.