Div 7PUBLIC WORKS

DIVISION 7—PUBLIC WORKS 7.1 The proposals for public services contained in this Indenture (including arterial and collector roads, water and sewerage works, electricity works, stormwater drainage and retention) are acknowledged by all parties as essential works that shall be carried out in accordance with the Paramount Objectives, in such manner and in such stages as will ensure that the Development Area is systematically and economically provided with all adequate services when reasonably required by the Joint Venturers. 7.2 All public works constructed or caused to be constructed by the Joint Venturers within the Development Area (including all public streets and ancillary services) shall be maintained by the Joint Venturers for a period of not less than six months after their date of completion. 7.3 In the event that any latent or other defect(s) appear in such works within a period of 12 months from their date of completion and the Joint Venturers are notified of such defect(s) within a reasonable time, such latent or other defect(s) shall be remedied by and at the cost and expense of the Joint Venturers as soon as reasonably practicable after such defect(s) become apparent. 7.4 Notwithstanding anything implied herein to the contrary the Joint Venturers shall not be responsible for any latent or other defect(s) in works undertaken by the State or the Council. 7.5 For the purposes hereof the date of completion shall be deemed to be the date when a consulting engineer nominated by the Joint Venturers and approved by the Minister certifies that such works are practically complete. PART A—Roads 7A.1 The State shall, at no cost to the Joint Venturers, design construct and maintain or cause to be designed constructed and maintained all arterial roads required within and external to the Development Area as are required for its development as generally delineated on the plan annexed hereto as the Fifth Schedule hereto in accordance with a programme for design construction and completion to be prepared by the Commissioner of Highways and the Joint Venturers and as far as is reasonably practicable and in accordance with Division 3, such programme shall accommodate the Joint Venturers' reasonable requirements. 7A.2 The Council shall at its cost design and construct or cause to be designed and constructed the collector roads which approximate the alignments of John Road and Yatala Vale Road east and west of the north south arterial road as generally delineated on the said plan and the screening reserves and fencing applicable thereto. 7A.3 The Joint Venturers shall at their cost design and construct or cause to be designed and constructed all other collector roads and screening reserves and fencing applicable thereto required within the Development Area in accordance with plans and specifications and a construction schedule to be agreed between the Joint Venturers and the Council [or if not agreed then as fixed by the Commissioner of Highways] PROVIDED HOWEVER, that, the Council shall contribute forty (40) percent of the cost of design and construction and maintenance (pursuant to clause 7.2) of the first 13 kilometres of the aggregated length of such other collector roads. 7A.4 Contribution payments to be made by the Council in respect of road design and construction referred to in clause 7A.3 shall be made to the Joint Venturers within 28 days of the production to the Council of a certificate by an engineer nominated by the Joint Venturers and approved by the Commissioner of Highways certifying the amount payable in respect of such design and construction as is specified in the certificate. 7A.5 The Joint Venturers shall give to the Council or its nominee a reasonable opportunity to tender for the construction of the collector roads referred to in clause 7A.3 and shall (subject to prudent commercial considerations) award the tender to the Council or its nominee if the same is competitive with other tenders. 7A.6 SAULT shall for no consideration transfer to the Commissioner of Highways or the Council (as the case may require) any land required for road purposes. 7A.7 Notwithstanding anything contained in any Act or in any by-law or regulation made thereunder, the Joint Venturers shall not be required to form, construct, pave or seal, or to make any binding arrangement for the forming, constructing, paving or sealing of the roadway of any existing or proposed road within the Development Area (other than arterial roads and collector roads) in a width in excess of 7.4 metres and shall not be required to pave any road or street with a pavement of a higher standard than that which in accordance with recognised engineering design practice is appropriate to the traffic to be carried by that road. PART B—Sewerage and Water Supply 7B.1 The State shall, at no cost to the Joint Venturers, design, construct and install, or cause to be designed, constructed and installed, the following works (both external to and within the Development Area): (a) Augmentation works associated with the Dry Creek Trunk sewer; (b) Extension of the existing 450 mm Golden Grove Trunk sewer and the existing 300 mm Golden Grove North sewer to provide the normal sewer drainage services throughout the Development Area; (c) All sewer pumping stations and rising mains required; (d) All sewer mains and associated works in respect of sewer mains with diameters larger than 150 mm (except for 225 mm sewer mains specifically serving retail, commercial or industrial development within retail, commercial or industrial zones); (e) All water storage tanks, pumping stations, and associated works; (f) Water mains with diameter larger than 150 mm; and (g) All water supply and sewerage works outside the Development Area as shall be reasonably required to provide adequate water supply and sewerage services within the Development Area. Provided that where the State installs mains of a greater diameter than 150 mm in residential streets (other than collector roads) where the Joint Venturers would normally be expected to install 150 mm mains, the Joint Venturers shall pay to the State the cost they would have incurred had they installed the 150 mm mains. 7B.2 The Joint Venturers and the nominee of the Minister of Water Resources shall as soon as is reasonably practicable confer and prepare a programme for completion of the works referred to in clause 7B.1 and, as far as is reasonably practical and in accordance with Division 3, such programme shall accommodate the Joint Venturers' reasonable requirements. 7B.3 The Joint Venturers shall, at no cost to the State, construct and install or cause to be constructed and installed the following works: (a) All sewer mains and associated works in respect of sewer mains of 150 mm diameter or less. (b) All sewer connections. (c) All subdivisional sewerage works including sewer connections. (d) All water mains with diameter of 150 mm or less including services in respect thereof. (e) All subdivisional water mains and services. (f) All 225 mm sewer mains and associated connections specifically serving retail, commercial or industrial development within retail, commercial or industrial zones. 7B.4 The construction and installation of all works contained in this Part shall be carried out under the supervision of the Minister of Water Resources or his nominees and all fees costs or other charges normally payable to the Minister of Water Resources for or in connection with any design, documentation and supervision shall be payable by the Joint Venturers with respect to works referred to in clause 7B.3. 7B.5 if the cost of providing electric power connections to a pumping station required pursuant to clause 7B.1 exceeds the amount payable in respect of normal connections to such a station, the Minister of Water Resources may request the Joint Venturers to contribute to the excess costs payable. PART C—Electricity 7C.1 The Council shall, as soon as is reasonably practicable after the Commencement Date, cause the Development Area to be designated an underground mains area for the purpose of electricity mains of 11 kV or less, but excluding transmission lines to supply substations in the Development Area (which lines shall be overhead). 7C.2 The State will cause to be supplied to and within the Development Area the services necessary to connect all improvements within the Development Area and all necessary public facilities with an appropriate supply of electricity. 7C.3 The Joint Venturers shall provide ETSA with a suitable site for a substation and routes for overhead transmission lines to provide electricity supply effectively to the Development Area. 7C.4 The Joint Venturers and ETSA shall as soon as reasonably practicable after the Commencement Date prepare a programme for the construction of transmission lines and a substation and the development of land within the Development Area such that the electricity supply from the substation can be connected within the Development Area in an orderly manner. PART D—Stormwater Drainage, Creek Diversion (Hydrology) 7D.1 A review of the existing drainage studies as they effect the drainage of the Development Area (contained in the publications known as Hydrology - Dry Creek Drainage Basin - June 1980, and Hydrology - Little Para River Drainage Basin September, 1981) shall be undertaken as soon as is reasonably practicable after the Commencement Date by a consulting engineer nominated by the Joint Venturers and approved by the Commissioner of Highways, the Council or the relevant drainage authority. In the event that no agreement is reached as to an approved consulting engineer the Commissioner of Highways shall appoint a suitable consulting engineer. The cost of such review shall be borne by the Joint Venturers. 7D.2 The review referred to in clause 7D.1 shall provide a recommended drainage strategy for the Development Area which is acceptable to the Joint Venturers, the Council, any relevant drainage authority and the Commissioner of Highways. 7D.3 The cost of providing stormwater drainage works within the 40 hectares of uppermost elevation of all catchment areas within the Development Area and all sub-divisional stormwater drainage shall be borne by the Joint Venturers. 7D.4 The cost of providing for all flood control structures and all stormwater drainage works other than those referred to in clause 7D.3 shall be borne by the Council or the relevant drainage authority and the State in accordance with the requirements of the State Government Stormwater Drainage Subsidy Scheme administered by the Commissioner of Highways. All flood control structures shall be constructed by the relevant drainage authority or such other person or body as the State may determine. 7D.5 All drainage works within the Development Area except flood control structures shall be constructed or caused to be constructed by the Joint Venturers unless otherwise agreed between the Joint Venturers and the relevant drainage authority. Any such construction shall be carried out in accordance with a construction programme to be prepared jointly by the relevant drainage authority and the Joint Venturers and as far as is reasonably practicable, such programme shall accommodate the Joint Venturers' reasonable requirements. 7D.6 Any costs payable to the Joint Venturers under this part shall be paid within 28 days of the production to the Council and the Commissioner of Highways and any relevant drainage authority of a certificate by an engineer nominated by the Joint Venturers and approved by the Minister of the amount payable at a date specified in the certificate in respect of such drainage works. 7D.7 The Joint Venturers shall give the Council or the relevant drainage authority or its nominee a reasonable opportunity to tender for the construction of drainage works to be constructed by the Joint Venturers but at the cost of others and shall (subject to prudent commercial considerations) award the tender to the Council or authority or its nominee if the same is competitive with other tenders. 7D.8 The Joint Venturers may without being liable in any way for the payment of compensation or damages (other than damages arising out of any negligent act or omission) divert change remove alter re-channel and without derogating from the particularity of the foregoing powers vary in any way the watercourses (including the banks) and the flow of water or do either or both of those things of and in any creek stream or river within the Development Area. PART E—General 7E.1 Where the Joint Venturers require the supply of services to the Development Area by Australian Telecommunication Commission or some other Commonwealth or independent or private body or organization, the State shall, at the request and cost of the Joint Venturers, use its best endeavours to assist the Joint Venturers in obtaining such services as and when required by them. 7E.2 The Public Works Standing Committee Act, 1927, shall not apply to or in relation to any works carried out under this Division. 7E.3 All programmes to be prepared in pursuance of this Division shall, as far as is reasonably practicable and in accordance with Division 3, accommodate the reasonable requirements of the Joint Venturers and any disagreement between the Joint Venturers and those persons or Authorities charged with the responsibility for the preparation of such programmes as to the reasonableness of any requirements of the Joint Venturers or the work to be constructed or the responsibility therefore or the cost thereof shall be resolved in accordance with the arbitration procedures provided herein.