2. Minister for Lands’ Consent

This Lease is subject to and conditional on the approval of the Minister for Lands under the Land Administration Act 1997.

The City will be required to comply with section 3.58 (3) of the Local Government Act 1995.

As the land belongs to the Crown the Minister for Lands must consent to the Lease.

The City will be required to advertise every lease, the Lease fee and the name of the Lessee in a local newspaper inviting comments from the public.

3. Grant of lease

The Lessor, subject to clause 2 of this Lease, leases to the Lessee the Site for the Term subject to:

(a) the Encumbrances;

(b) the payment of the Amounts Payable; and

(c) the performance and observance of the Lessee’s Obligations

The City leases the land subject to all of these items being observed.

4. Quiet enjoyment

Except as provided in the Lease, for so long as the Lessor is the management body of the Site, and subject to the performance and observance of the Lessee’s Obligations the Lessee may quietly hold and enjoy the Site during the Term without any interruption or disturbance from the Lessor or persons lawfully claiming through or under the Lessor.

The City will allow the Lessee to peacefully use the site without interruption provided all of the obligations are observed.

5. Lease Fee and other payments

Lease Fee

The Lessee covenants with the Lessor to pay to the Lessor the Rent in the manner set out at Item 6 of the Schedule on and from the Commencement Date clear of any deductions.

The amount charged for the use of the site.

The City will have a Lease Fee that will cover items such as FESA, Security, Waste, Shire Rates & Water Rates.

Water usage and other charges will be monitored and if the City finds that it requires reimbursement for the usage it will look to recover the charges.

Removal Bond

(1) The Lessee covenants with the Lessor to pay to the Lessor the Removal Bond in the manner set out at Item 7 of the Schedule on and from the Commencement Date clear of any deductions.

(2) The Lessee acknowledges that the Removal Bond will be refunded or returned to the current lessee of the Site:

(a) in accordance with clause 21.4; or

This charge was based on quotes from private organisations.  The City has sort several quotes and this charge is based on the cheapest quote. 

The recommended charge has been amended after consultation with members of the Naval Base Shacks Community Reference Group.  Amended from $600 to $300, this will be the  recommended charge that will be presented to Council for their deliberation.

Outgoings

(1)              To pay to the Lessor or to such person as the Lessor may from time to time direct punctually all the following outgoings or charges, assessed or incurred in respect of the Site -

(a)              local services charges, including but not limited to rubbish collection charges and the emergency services levy;

(b)              telephone, gas and other power charges including but not limited to meter rents and the cost of installation of any meter, wiring or telephone connection; and

(c)              any other consumption charge or cost, statutory impost or other obligation incurred or payable by reason of the Lessee’s use and occupation of the Site.

(2)              If the Site is not separately charged or assessed the Lessee will pay to the Lessor a proportionate part of any charges or assessments referred to in clause 5(2)  being the proportion that the Site bears to the total area of the Land included in the charge or assessment.

(3)              The local services charges, including FESA, security services and rubbish collection charges will be included as part of the overall Lease Fee as detailed in Item 6 of the Schedule.

(4)              If any charges increase significantly, the City will look to recover these costs by charging the Lessees a proportionate part of those charges being the proportion that the Site bears to the total area of the the Land included in the charge or assessment.

The City will have a Lease Fee that will be inclusive of items such as FESA, Security, Waste, Shire Rates & Water Rates.

Water usage and other charges will be monitored and if the City finds that it requires reimbursement for the usage it will look to recover the charges.

(5)               If the Site is not separately charged or assessed the Lessee will pay to the Lessor a proportionate part of any charges or assessments referred to in clause 5.3(1) being the proportion that the Site bears to the total area of the Land included in the charge or assessment.

It is intended that a separate lease will be offered to the Kiosk which will encompass these issues.  The new lease will be drafted and negotiated with the Lessee of the Kiosk.

In determining the apportionment of the any charge the City will take into consideration public amenities.

Interest

Without affecting the rights, power and remedies of the Lessor under this Lease, to pay to the Lessor interest on demand on any Amounts Payable which are unpaid for 7 days computed from the due date for payment until payment is made and any interest payable under this paragraph will be charged at the Interest Rate.

The interest accrues for any account which is unpaid for seven days after the due date.  This in accordance with the City’s current practise for outstanding accounts.

Costs

(5) To pay to the Lessor all costs, legal fees, disbursements and payments incurred by or for which the Lessor is liable in connection with or incidental to –

(a) the Amounts Payable or obtaining or attempting to obtain payment of the Amounts Payable under this Lease;

(b) any breach of covenant by the Lessee or the Lessee’s Agents;

(c) the preparation and service of a notice under Section 81 of the Property Law Act 1969 requiring the Lessee to remedy a breach even though forfeiture for the breach may be avoided in a manner other than by relief granted by a Court;

(d) any work done at the Lessee’s request; and

(e) any action or proceedings arising out of or incidental to any matters referred to in this clause 5.5 or any matter arising out of this Lease.

These costs relate to the recovery of costs should any of these events occur.  It is not for the costs of the preparation of the draft lease.  This is normal commercial business practise.

Payment of Amounts Payable

(6) Amounts Payable to the Lessor under this Lease must be paid to the Lessor at the address of the Lessor referred to in this Lease or as otherwise directed by the Lessor by Notice from time to time.

(7) Amounts Payable accrue on a daily basis.

Accounts are to be paid to the Lessor at their nominated address or as directed.

6. Review of Rent & Removal Bond

6.1       Lease Fee and Removal Bond to be reviewed

The Lease Fee and Removal Bond will be reviewed on and from each Review Date to determine the Lease Fee and the Removal Bond to be paid by the Lessee until the next Review Date.

6.2       Lease Fee to be increased by CPI

The reviewed Lease Fee shall be the amount of Lease Fee payable during the immediately preceding period increased by a percentage equal to the percentage increase in the CPI having regard to the quarterly CPI published immediately prior to the later of the Commencement Date or the last Review Date as the case may be and the quarterly CPI published immediately prior to the relevant Review Date.  If the CPI is discontinued or suspended at any time or its method of computation is substantially altered the Lessor shall nominate the substitution of another appropriate CPI, provided that the reviewed Lease Fee shall in no case be less than then the Lease Fee payable during the immediately preceding period.

6.3       Removal Bond to be increased by CPI commencing at the renewal date 2014.

The reviewed Removal Bond shall be the amount of Removal Bond payable during the immediately preceding period increased by a percentage equal to the percentage increase in the CPI having regard to the quarterly CPI published immediately prior to the later of the Commencement Date or the last Review Date as the case may be and the quarterly CPI published immediately prior to the relevant Review Date.  If the CPI is discontinued or suspended at any time or its method of computation is substantially altered the Lessor shall nominate the substitution of another appropriate CPI, provided that the reviewed Removal Bond shall in no case be less than then the Removal Bond payable during the immediately preceding period.

The Lease Fee and Removal Bond will be reviewed annually on the anniversary of the Commencement Date, in every year of the Term and any further term. 

The Removal Bond will be fixed for the first two years commencing on the commencement date.

7. Insurance

Public Liability Insurance & Building Insurance

The Lessee must effect and maintain with insurers approved by the Lessor, noting the respective rights and interests of the Lessor and Lessee in the Site:

(a)              adequate public liability insurance for a sum not less than the sum set out at Item 10 of the Schedule in respect of any one claim or such greater amount as the Lessor may from time to time reasonably require;

The City currently has PL Insurance for areas surrounding the shacks however this will not cover any incident which occurs within or as a result of a shack.

All Lessee’s will be required to have Public Liability Insurance for their respective structures.

Lessees are to request that the respective rights and interests of the Lessor and the Lessee in the site are noted on the insurance certificate.

Details and receipts

In respect of the insurances required by this clause the Lessee must -

(c) on demand supply to the Lessor details of the insurances and give to the Lessor copies of the certificates of currency in relation to those insurances;

(d) promptly pay all premiums and produce to the Lessor each policy or certificate of currency and each receipt for premiums or certificate of currency issued by the insurers; and

(e) notify the Lessor immediately-

(i) when an event occurs which gives rise or might give rise to a claim under or which could prejudice a policy of insurance; or

(ii) when a policy of insurance is cancelled.

This is only in relation to Public Liability Insurance.

Not to invalidate

The Lessee must not do or omit to do any act or thing or bring or keep anything on the Site which might -

(f) render any insurance effected under this clause, or any adjoining site, void or voidable; or

(g) cause the rate of a premium to be increased for the Site or any adjoining site (except insofar as an approved development may lead to an increased premium).

Lessees or their friends or representatives are not to do anything that would invalidate any insurance policy.

Settlement of claim

The Lessor may, but the Lessee may not without prior written consent of the Lessor, settle or compromise any claims under any policy of insurance required by this clause.

The Lessee is required to provide written notice of any claim or settlement under any Public Liability policy of insurance.

8. Indemnity

Lessee responsibilities

(1) The Lessee is subject to the same responsibilities relating to persons and property to which the Lessee would be subject if during the Term the Lessee were the owner and occupier of the freehold of the Site.

(2) The Lessee is responsible and liable for all acts or omissions of the Lessee’s Agents on the Site and for any breach by them of any covenants or terms in this Lease required to be performed or complied with by the Lessee.

The Lessee and any friends or representative (agents) is responsible for the site and at all times.

Indemnity

(3) The Lessee indemnifies, and shall keep indemnified, the Lessor and the Minister for Lands from and against all actions, claims, costs, proceedings, suits and demands whatsoever which may at any time be incurred or suffered by the Lessor and the Minister for Lands, or brought, maintained or made against the the Lessor and the Minister for Lands, in respect of:

(a) any loss whatsoever (including loss of use);

(b) injury or damage of, or to, any kind of property or thing; and

(c) the death of, or injury suffered by, any person, caused by, contributed to, or arising out of, or in connection with, whether directly or indirectly:

(d) the use or occupation of the Site by the Lessee or the Lessee’s Agents;

(e) any work carried out by or on behalf of the Lessee on the Site;

(f) the Lessee’s activities, operations or business on, or other use of any kind of, the Site;

(g) the presence of any Contamination, Pollution or Environmental Harm in on or under the Site or adjoining land caused or contributed to by the act, neglect or omission of the Lessee or the Lessee’s Agents;

(h) any default by the Lessee in the due and punctual performance, observance and compliance with any of the Lessee’s Obligations or obligations under this Lease; or

(i) an act or omission of the Lessee.

The State Government requires this indemnity.

Obligations Continuing

The obligations of the Lessee under this clause:

(j) are unaffected by the obligation of the Lessee to take out insurance, and the obligations of the Lessee to indemnify are paramount, however if insurance money is received by the Lessor for any of the obligations set out in this clause then the Lessee’s obligations under clause 8.2 will be reduced by the extent of such payment; and

(k) continue after the expiration or earlier determination of this Lease in respect of any act, deed, matter or thing occurring or arising as a result of an event which occurs before the expiration or earlier determination of this Lease.

The obligations continue even after the Lease as been assigned if anything has occurred prior to the assignment.

No indemnity for Lessor’s negligence

The parties agree that nothing in this clause shall require the Lessee to indemnify the Lessor, its officers, servants, or agents against any loss, damage, expense, action or claim arising out of a negligent or wrongful act or omission of the Lessor, or its servants, agents, contractors or invitees.

This clause means that the Lessee is not responsible for the City’s actions.

Release

(4) The Lessee:

(a) agrees to occupy and use the Site at the risk of the Lessee; and

(b) releases to the full extent permitted by law, the Lessor from:

(i) any liability which may arise in respect of any accident or damage to property, the death of any person, injury to any person, or illness suffered by any person, occurring on the Site or arising from the Lessee’s use or occupation of the Site by;

(ii) loss of or damage to the Site or personal property of the Lessee; and

(iii) all claims, actions, loss, damage, liability, costs and expenses arising from or connected with (directly or indirectly) the presence of any Contamination, Pollution or Environmental Harm in, on or under the Site or surrounding area except to the extent that such loss or damage arises out of a negligent or wrongful act or omission of the Lessor, or its servants, agents, contractors or invitees.

(5) The release by the Lessee continues after the expiration or earlier determination of this Lease in respect of any act, deed, matter or thing occurring or arising as a result of an event which occurs before the expiration or earlier determination of this Lease.

This applies only to the site or leased area not the entire Reserve.

If an incident occurs whilst the shack is still being leased, even if the claim is made after the expiration of the lease the lessee is still responsible.

9. Maintenance, repair and cleaning

Maintenance

9.1      Maintenance

(1)              The Lessee agrees during the Term and for so long as the Lessee remains in possession or occupation of the Site to maintain, replace, repair, clean and keep the Site (which for the avoidance of doubt includes any building constructed on the Site) clean and in Good Repair.

(6)              The Lessee must comply with all reasonable conditions that may be imposed by the Lessor from time to time in relation to the Lessee’s maintenance of the Site.

The site is the lease area and this is what will be required to be maintained by the Lessee.

The Lessees are not responsible for the maintenance of the Common Areas.

If it is a health or a safety issue to people external to the actual shack then the City will consider inspecting the shack.

Cleaning

The Lessee must at all times keep the Site clean, tidy, unobstructed and free from dirt and rubbish.

This refers to the Site.

Repair

The Lessee must promptly repair at its own expense to the satisfaction of the Lessor any damage to the Site, including damage of a structural nature, regardless of how it is caused.

Lessee must repair any damage to the site or the structure on the site at their cost.

Pest control

The Lessee must keep the Site free of any vermin or any other recognised pests and the cost of extermination will be borne by the Lessee.

Lessee must deal with any pests, including rates, whiteants etc.

No obligation to Lessor to repair or maintain

The Lessee is wholly and solely responsible for the maintenance and repair of all buildings and improvements comprising the Site, regardless of the cause of the need to repair or maintain, and regardless of the type of repair or maintenance required. The Lessor has no obligation whatsoever to repair or maintain any buildings or improvements comprising the Site.

The Site refers to the lease area and the Lessee is not responsible for the common areas.

Acknowledgement of state of repair of Site

(1)              The Lessee accepts the Site in its present condition relying upon its own enquiries and investigations.

(7)              The site is provided to the Lessee as is.  The Lessor provides no guarantee that the site is suitable for the Lessees proposed use.

The City is considering including a photo of each shack as an addendum to the Lease.

10. Building Requirements

No alterations or building without Lessor’s prior approval

(1) The Lessee must not without prior written consent –

(a)  (i) from the Lessor;

(ii) from any other person from whom consent is required under this Lease; and

(iii) required under statute in force from time to time, including but not limited to the planning approval of the Lessee under a local planning scheme of the Lessee;

(b) erect any buildings, structures, alterations, additions or improvements on the Site; or

(c) remove any flora or fauna, alter or cut down any flora, or sell, remove or otherwise dispose of any flora, sand, gravel, timber or other materials from the Site or the Land.

(2) The Lessee acknowledges and agrees that the Lessor will not consent to the alteration, construction or addition to the Site, unless such alteration, construction or addition is strictly in conformity with the building requirements specified in Annexure 2 (Building Requirements).

(3) If the Lessor consents to any matter referred to in clause (1), the Lessor may:

(a) consent subject to conditions, and

(i) require that work be carried out in accordance with plans and specifications approved by the Lessor or any other person giving consent; and

(ii) require that any alteration be carried out to the satisfaction of the Lessor under the supervision of an engineer or other consultant; and

(b) if the Lessor consents to any matter referred to in this clause:

(i) the Lessor gives no warranty that the Lessor will issue any consents, approvals, authorities, permits or policies under any statute for such matters; and

(ii) the Lessee must apply for and obtain all such consent approvals, authorities, permits or policies as are required at law before undertaking any alterations, additions, improvements or demolitions.

Under the provisions of the Metropolitan Region Scheme & Town Planning Scheme works within a Reserve require Western Australian Planning Commission approval.  The City will be required to provide recommendations to WAPC on any application lodged for works within the Regional Reserve 24308.

With the introduction of the new Building Act in 2012 all Lessees will require the approval of the City for any building works.

Cost of Works

All works undertaken under this clause will be carried out at the Lessee’s expense.

Conditions

In the event the Lessee fails to obtain written consent for any building alterations or additions the Lessor will issue a Notice to remove any such alterations or additions and if the Lessee fails to comply with that Notice within the time prescribed by that Notice, the Lessor may immediately terminate this Lease and the provisions of clause 21 will apply and no compensation or other consideration shall be payable or claimable by the Lessee from the Lessor for or arising out of the termination of the Lease pursuant to this clause.

The City will issue a Notice to remedy unapproved works and if this is not complied with the Lease can be cancelled.

11. Unsafe or dangerous building or structures

Unsafe or dangerous buildings or structures

(1) Notwithstanding any other provision of the Lease, in the event the Lessor, acting reasonably, determines that any building or structure erected on the Site is unsafe or dangerous the Lessor will issue the Lessee a Notice requiring the Lessee within a reasonable period of time to either:

(a) remove the unsafe or dangerous structure or building from the Site; or

(b) undertake rectification works to make the building or structure safe.

(2) In the event the Lessee fails to comply with the Notice issued pursuant to paragraph (1) within the time specified in the Notice, the Lessor may immediately terminate this Lease and the provisions of clause 21 will apply and no compensation or other consideration shall be payable to or claimable by the Lessee from the Lessor for or arising out of the termination of the Lease pursuant to this clause.

The timeframe will be dependent upon the potential danger and the urgency required to rectify the situation.

The level of danger will be determined by the City.

Smoke Detectors and Gas Certificates

(1)              Within 60 days of the Commencement Date, the Lessee must install to the Lessor’s satisfaction a lithium ion battery smoke detector or any other approved detector as specified in the relevant legislation in any building or structure erected or located upon the Site.

(8)              The Lessee must provide to the Lessor gas safety certificates for any gas installation on the site.

The Lithium Ion batteries last for estimated ten years.  These are not the normal smoke detectors.  The Lithium Ion batteries of a requirement of the Building Code of Australia in relation to any leasehold property.

12. Restrictions on use

Generally

The Lessee must not and must not suffer or permit a person to -

(a)

(i) use the Site or any part of it for any purpose other than for the purpose set out at Item 9 of the Schedule; or

(ii) use the Site for any purpose which is not permitted under any local planning scheme or any law relating to health;

(b) do or carry out on the Site any harmful, offensive or illegal act, matter or thing;

(c) do or carry out on the Site anything which causes a nuisance, damage or disturbance to the Lessor or to owners or occupiers of adjoining properties;

(d) store any dangerous compound or substance on or in the Site;

(e) interfere with the reasonable peace, comfort and privacy of neighbours; or

(f) display from or affix any signs, notices or advertisements on the Site without the prior authorisation of the Lessor.

 (2) Notwithstanding any other provision of the Lease, in the event the Lessor, acting reasonably, determines that the Lessee has suffered or permitted any person to do any of the above as detailed in 12.1 the Lessor will issue the Lessee a Notice requiring the Lessee within a reasonable period of time to either:

(a)                Remove or cease the action

(3) In the event the Lessee fails to comply with the Notice issued pursuant to paragraph (1) within the time specified in the Notice, the Lessor may immediately terminate this Lease and the provisions of clause 21 will apply and no compensation or other consideration shall be payable to or claimable by the Lessee from the Lessor for or arising out of the termination of the Lease pursuant to this clause.

Individual Lessees are responsible for their site and the City is responsible for the overall Reserve.

Short term accommodation only

(1)               The Lessee acknowledges and agrees that the Site may only be utilised for short term holiday accommodation. Holiday accommodation meaning not permanent accommodation.

(2)               The Lessee must not and must not suffer or permit a person to occupy the Site for over 120 days in aggregate within any 12 month period regardless of who is in occupation.

(3)               The Lessee must maintain an “Occupancy Log” detailing the dates and times the Lessee is in attendance at the site. The log is to be made available for inspection by the City’s representative at any time. 

(4)               The Lessee acknowledges and agrees that this clause is an essential provision of the Lease, and in the event of non-compliance the Lessor may immediately terminate this Lease and the provisions of clause 21 will apply and no compensation or other consideration shall be payable to or claimable by the Lessee from the Lessor for or arising out of the termination of the Lease pursuant to this clause.

The City will provide a pro-forma Occupancy Log Book for each site. 

An example is attached.

No Toilets or showers, kitchen sink only

(1)                 The Lessee must not and must not suffer or permit within the Site a toilet or shower, or plumbing which will permit the installation of a toilet or shower.

(2)                 The Lessee must remove any permanent existing toilet or shower and/or plumbing which permits the installation of a toilet or shower within 30 days of the commencement of this lease.

(3)                 The Lessee and Lessor acknowledge and agree that the Lessee may install a kitchen sink on the nominated Site.  A semi permanent hose connected to the external water tap (similar to caravans) is acceptable with the outlet tap located over a kitchen sink only. The sink will discharge via a trapped waste pipe to a soakwell. The expectation is that when the shack is unoccupied the hose will be disconnected from the water supply.

(4)                 The Lessee may install, with the Lessor’s prior written consent, a single 600mm soakwell with a concrete lid upon the Site.  The soakwell will be for kitchen grey water only.  Any application must include an appropriate quality sketch depicting the proposed location of the soakwell.  The soakwell must be protected from vehicular traffic due to its location, or the installation of bollards.

(5)                 The Lessee may with the Lessors prior written approval install a portable toilet on the nominated site.

(6)                 The Lessee may with the Lessors prior written approval install an external (beach) shower.  The external beach showers will be connected to a semi permanent hose connected to an external water tap (similar to caravans).The expectation is that when the shack is unoccupied the hose will be disconnected from the water supply.

Gas Locker

(1)               The Lessee must only install a gas locker with the Lessor’s prior written consent. 

(2)               Any application to install a gas locker must specify the details and specifications of the proposed gas locker.

This would be requirement of PL Insurance.

Vehicles, Boats, Trailers & Caravans

(1)               The Lessee must not and must not suffer or permit a person to park a motor vehicle exceeding 3.5 tonnes in gross weight and excludes vehicles directly associated with conduct of a rural pursuit, business or trade on the lot for which the vehicle or vehicles are used.

(3)               The Lessee may park a Motor Vehicle, boat and/or trailer upon the Site or any part of the Common Areas which is set aside by signs for parking provided that:

(a)                the Lessee is in current occupation of the Site; and

(b)               in relation to parking on the Site the boat, trailer or Motor Vehicle is located within the boundary of the Site and does not encroach into the adjoining land.

(4)               If any Motor Vehicle, caravan, motor vehicle, trailer or boat is parked or stored on the Site or the Land in breach of this clause, the Lessor may immediately remove such Motor Vehicle, trailer, motor vehicle, boat or caravan.

Provided a boat or jet skis are parked within their site area and not causing nuisance or any obstruction they will be tolerated.

No Generators

1.                 Subject to paragraph (2), the Lessee must not and must not suffer or permit a person to use a generator on the Site or Land.

2.                 The Lessor may permit, in its absolute discretion, a generator to be utilised for construction purposes for a specified period of time. If the Lessee wishes for a generator to be utilised for construction purposes it must obtain the prior written approval of the Lessor.

This was requested by the member of the NBSCRG due to the noise issues.

Solar and Wind Power Sources

1.                 The Lessee may only install, solar panels, wind turbines and other non-electrical power sources with the Lessor’s prior written consent.

2.                 Any application to install solar panels, wind turbines or other non-electrical power sources must specify the details and specifications of the proposed devices.

The applications are to be made to the City of Cockburn building department.

No Fence

(1)              Subject to paragraph (2), the Lessee must not and must not suffer or permit a person to erect a fence or similar structure or obstruction on the Site or the Land.

(2)              The Lessee may place temporary fencing on the Site, provided that any such fencing:

(a)              is not permanently affixed or erected on the Site and is able to be removed at any time;

(b)              is entirely comprised within the boundaries of the Site;

(c)              does not cause any obstruction to any other part of the Land; and

(d)              does not cause or create any risk, danger, or hazard to any other users or occupiers of the Land.

(3)              All existing fences and structures which do not comply with paragraph (2) must be removed by the Lessee within thirty (30) days of the Commencement Date, unless the Lessor has approved such fences or structures in writing.

If people want to put a temporary fence on their verandah this is okay to keep small children and dogs in. 

Lessees will not be able to fence their site permanently.

No Warranty

The Parties agree that the Site shall be provided to the Lessee on an ‘as is’ basis and that the Lessor provides no guarantee that the Site is suitable for the Lessee’s intended use. 

The Lessee accepts the state of the site, structure and reserve at the time of signing the lease.

Acknowledgement - located in close proximity to Alcoa Refinery

The lessee acknowledges that the Land and the Site are located in close proximity to the Kwinana Heavy Industry Area, and the existing and proposed port facilities. As a consequence the amenity of the Land and the Site may be adversely affected, and the risks and hazards associated with the storage, processing and transport of dangerous and hazardous materials may impact the Land and the Site.

The Lessee acknowledges the close proximity of Alcoa Refinery.

Residential Tenancy Act does not apply

The Lessee and the Lessor acknowledges that the Land and the Site are not subject to the provisions of the Residential Tenancy Act 1987 or the Residential Parks (Long-Stay Tenants) Act 2006.

The Residential Tenancy Act has been discounted by the City’s Solicitors referring to the fact that it must be a “residence” and the meaning of “residence” being defined in Abbey Beach Resort Management Ltd v Water Corporation Ltd (2007) WASC 268.

Residential Parks (Long-Stay) Tenants) Act 2006 does not apply as it relates back to the Caravan Parks & Camping Grounds Act 1995 which also does not apply.

Indemnity for Costs

The Lessee indemnifies the Lessor against any claims or demands for all costs, on a solicitor client basis, incurred by the Lessor by reason of any claim in relation to any matters set out in this clause.

This clause relates to any costs incurred by the City in relation to those items detailed in Clause 12.

13. Common Areas

Comply with Rules and Regulations in relation to Common Areas

The Lessee must comply with all rules and regulations made by the Lessor, from time to time, with respect to the Common Areas. For information purposes, the current rules and regulations in annexed hereto as Annexure 3.

If any Lessee has a suitable contribution to the proposed Park Rules  please send them in with your submission and the City will consider adding them.

Damage to common areas

The Lessee must make good any breakage defect or damage to the Common Areas or the Site and any appurtenance or equipment therein caused by want of care misuse or abuse on the part of the Lessee or the Lessee’s Agents or by any breach of this Lease by the Lessee.

The Lessor will be responsible for any damage to Common Areas caused by the Lessor or its agents.

14. Limit of Lessor’s liability

(1) The Lessor will not be liable for loss, damage or injury to any person or property in or about the Site however occurring.

(2) The Lessor is only liable for breaches of the Lessor's Covenants set out in this Lease which occur while the Lessor is the management body of the Site under the Management Order.

(3) The Lessor will not be liable for any failure to perform and observe any of the Lessor’s Covenants due to any cause beyond the Lessor’s control.

The Lessor will be responsible for any damage to any site caused by the Lessor or its agents. 

The clause relates to any situation where the City is no longer the Management Body.  The State could revoke the Management Order  if the City is found by the State Government to not be managing the Reserve in accordance with the Management Order, the State has the ability to cancel the MO and offer it to another body to manage.

15. Lessor’s right of entry

Entry on Reasonable Notice

The Lessee must permit entry by the Lessor or any person authorised by the Lessor onto the Site without notice in the case of an emergency, and otherwise upon reasonable notice -

(a) (i) at all reasonable times;

(ii) with or without workmen and others; and

(iii) with or without plant, equipment, machinery and materials;

(b) for each of the following purposes -

(i) to inspect the state of repair of the Site and to ensure compliance with the terms of this Lease;

(ii) to undertake an external audit of the building or other structure, constructed or erected on the Site;

(iii) to carry out any survey or works which the Lessor considers necessary, however the Lessor will not be liable to the Lessee for any compensation for such survey or works provided they are carried out in a manner which causes as little inconvenience as is reasonably possible to the Lessee;

(iv) to comply with the Lessor’s Covenants or to comply with any notice or order of any authority in respect of the Site for which the Lessor is liable; and

(v) to do all matters or things to rectify any breach by the Lessee of any term of this Lease but the Lessor is under no obligation to rectify any breach and any rectification under this clause 15(b)(v) is without prejudice to the Lessor’s other rights, remedies or powers under this Lease.

This clause is provided to allow for emergency access.  The City will decide what reasonable notice is and will depend on the reason for the access being required.

Costs of Rectifying Breach

All costs and expenses incurred by the Lessor as a result of any breach referred to at clause 15(b)(v) together with any interest payable on such sums will be a debt due to the Lessor and payable to the Lessor by the Lessee on demand.

This would be a determination of the Arbitrator or Court.

16. Statutory obligations and notices

Comply with Statutes

The Lessee must -

(a) comply promptly with all statutes and local laws from time to time in force relating to the Site, including without limitation all relevant laws relating to occupational health and safety and the health and safety of all persons entering upon the Site;

(b) apply for, obtain and maintain in force all consents, approvals, authorities, licences and permits required under any statute for the use of the Site; and

(c) comply promptly with all orders, notices, requisitions or directions of any competent authority relating to the Site.

This is a coverall clause so that all statutes as they

Update or are introduced must be complied with.

Safety & Testing Obligations

(1)               (The Lessee acknowledges and agrees that it fully responsible at its costs for ensuring that the Site and any fixtures or fittings are regularly tested, maintained and inspected to ensure that the Site and such fixtures and fittings comply with all statutory requirements and are safe for use.

(2)               To comply with its obligation pursuant to clause 16(1) above, the Lessee acknowledges that it will be required to, amongst other things:

(a)                comply with the requirements of the Occupational Safety and Health Act 1984, including without limitation the requirement for all portable plug-in electrical equipment and residual current devices to be safe and appropriately inspected, tested and maintained by a competent person; and

(b)               comply with all relevant requirements of the Fire & Emergency Services Authority of Western Australia (FESA), including without limitation the requirement to ensure that all fire protection and fire fighting equipment located, or installed at the Site, is tested regularly for compliance with Australian Standards and FESA’s requirements.

(3)               The Lessor acknowledges and agrees that it is responsible for all items installed in the common areas and will be responsible for testing and maintaining the Fire Fighting Equipment installed in the common areas.

This is the same regulation that everyone is responsible to even in their home.  It is a coverall clause that is required by the City.

Indemnity if Lessee Fails to Comply

The Lessee indemnifies the Lessor against -

(a)              failing to perform, discharge or execute any of the items referred to in clause 16.1 and clause 16.2; and

(b)              any claims, demands, costs or other payments of or incidental to any of the items referred to in clause 16.1 and clause 16.2.

Only clauses 16.1 & 16.2 relate to the Lessees responsibilities within their site.

17. Report to Lessor

The Lessee shall within a reasonable period report to the Lessor -

(a) any act of vandalism or any incident which occurs on or near the Site which involves or is likely to involve a breach of the peace or become the subject of a report or complaint to the police and of which the Lessee is aware or should be aware;

(b) any occurrence or circumstances in or near the Site of which it becomes aware, which might reasonably be expected to cause, in or on the Site, pollution of the environment; and

(c) all notices, orders and summonses received by the Lessee and which affect the Site and immediately deliver them to the Lessor.

Yes any matter reported to the Police should be reported to the City.  Each case would have to be determined on its own merits and circumstances.

It will encourage to Lessees to assist the Lessor in the management of the Reserve.

Signs will be erected that will list the CoSafe, Rangers & Emergency phone numbers.  A copy of the proposed sign is included in this pack.

The City will also require this clause for its own insurance.

18. Restrictions on Assignment; No sub-letting or charging

No subletting

The Lessee must not sublet, licence or part with possession of the Site.

This will be dealt with via the timeframe of 120 days and the log book.

Definition of Sub-lease.

sublease n. the lease of all or a portion of premises by a tenant who has leased the premises from the owner. A sublease may be prohibited by the original lease, or require written permission from the owner. In any event, the original tenant (lessee) is still responsible for paying the rent to the owner (landlord/lessor) through the term of the original lease and sublease.

As part of the overall management of the site the City will investigate a different assignment process for sites under its control.

No assignment without consent

The Lessee must not assign or sell the leasehold estate in the Site, or dispose of the Site or any part of the Site without the prior written consent of the Lessor and the Minister for Lands’ consent which may be withheld in its absolute discretion.

This is the current practise. The Minister for Lands consent is required under Section 18A of the LA Act.

Minimum Conditions for Lessor’s Consent to Assignment

The Lessee acknowledges that the Lessor will not provide its consent to the transfer, sale or assignment of the leasehold estate in the Site, unless:

(a) all Amounts Payable due and payable have been paid;

(b) there is no existing unremedied breach, whether notified to the Lessee or not, of any of the Lessee’s Obligations; and

(c) the Lessee procures the execution by the proposed assignee of a deed of assignment to which the Lessor and the Minister of Lands is a party.

The City will consider whether the photos will be assessed against the current status prior to assignment.

The forms will be updated. And a process created and loaded onto the web.  Add that the assignment doesn’t occur until all parties inc Min Lands & City have approved.

Consents of Assignee Supplementary

The covenants and agreements on the part of any assignee will be supplementary to the Lessee’s Obligations and will not release the assigning lessee from the Lessee’s Obligations.

The current Lessee still carries their responsibilities even after assignment.

Property Law Act 1969

Sections 80 and 82 of the Property Law Act 1969 are excluded.

The reason for excluding these provisions is that assignment and subletting are addressed in clause 18.

Extract from Property Law Act 1969:

80.        Consent to assign or sublet not to be unreasonably withheld

        (1)      In every lease containing a covenant, condition or agreement against assigning, underletting or parting with the possession, or disposing of the land or property leased without licence or consent, that covenant, condition or agreement shall, unless the lease contains an express provision to the contrary, be deemed to be subject to a condition to the effect that the consent shall not be unreasonably withheld and that no fine or sum of money in the nature of a fine shall be payable for or in respect of the licence or consent, but the last mentioned condition does not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to the licence or consent.

        (2)      In any instrument executed before or after the coming into operation of this Act a reference to section 4 of the Landlord and Tenant Act 1912 ⁵ shall be read and construed as a reference to this section.

82.        Certain assignments not to be deemed a breach

                    No assignment or underletting —

                         (a)      by the official assignee of a bankrupt;

                         (b)      by the liquidator of a company (except in the case of a member’s voluntary winding up);

                         (c)      by the sheriff or bailiff under an execution; or

                         (d)      by a personal representative pursuant to a bequest in a will,

                    shall be deemed a breach of a covenant, condition or agreement against assigning, underletting, parting with possession or disposing of the land leased unless the contrary is expressly declared in the lease.

Costs for assignment

If the Lessee wishes to assign the leasehold estate created by this Lease the Lessee must pay all reasonable professional and other costs, charges and expenses, incurred by the Lessor or other person whose consent is required under this Lease, of and incidental to any consents required under this Lease or at law, and all other matters relating to the proposed assignment whether or not the assignment or proceeds.

This includes any legal costs incurred by the assignment and possibly the costs of the preparation of a Deed of Assignment.

The City does not normally bear the costs of Assignment of Lease and does not see any situation why they would pay these costs.

No mortgage or charge

The Lessee must not mortgage nor charge the Site.

The City doesn’t own the land and therefore the Lessee cannot mortgage the site.  The State Government requires this clause also.

19. Damage or destruction

(1)              If the Site or any part thereof is totally or partially destroyed so as to require major rebuilding either party may within 2 months of the destruction or the damage terminate the Term with immediate effect by giving Notice to the other party.

(2)              If this Lease is terminated in accordance with this clause, clause 21 will apply.

The City reserves the right to terminate in these circumstances.

Whilst the structure might have been destroyed their will still be a cost to remove the remaining materials.

20. Minister for Lands may terminate upon notice

(1) Notwithstanding any other provision of this Lease, the Lessor and Lessee covenant and agree that the Minister for Lands may terminate this Lease for any reason upon six months written notice to the Lessee and Lessor.

(2) No compensation or other consideration shall be payable to or claimable by the Lessee from the Lessor or the Minister for Lands for or arising out of the termination of the Lease by the Minister for Lands.

(3) If this Lease is terminated in accordance with this clause, clause 21 will apply.

 A requirement of the State Government.

21. Obligations upon Termination

Yield up Site

On Termination the Lessee must -

(a) peacefully surrender and yield up to the Lessor the Site in a condition consistent with the observance and performance of the Lessee’s Obligations under this Lease; and

(b) surrender to the Lessor all keys and security access devices and combination for locks providing access to or within the Site held by the Lessee whether or not provided by the Lessor.

The removal bond is part of the lease requirements therefore if the bond is not paid there will be no lease.

Remove all improvements, structures and property

Unless otherwise agreed by the Lessor in writing pursuant to clause 21, in the event this Lease is terminated or otherwise determined the Lessee must at its cost and to the Lessor’s satisfaction:

(a)                remove any improvements, buildings and fixtures and all septic tanks, drains and soakwells constructed or located on the Site, including without limitation all concrete floors and asbestos sheeting, if any.  The removal of any asbestos must be in strict accordance with the Health (Asbestos) Regulations 1992;

(b)                following the removal of any improvements, buildings and fixtures and all septic tanks, drains and soakwells in accordance with paragraph (a), level the Site and clear it of all materials; and

(c)                remove any contaminated soil from the Site.

The Lessee must at its own cost remove all improvements from the site, level the site and clear it of all materials.  Particular attention to the removal of asbestos in accordance with the Health (Asbestos) Regulations 1992.

Failure to remove or restore

(1)              If the Lessee fails to comply with clause 21 within 60 days following termination or determination of the Lease the Lessor may at its option:

(a)         remove all improvements, buildings and fixtures and all septic tanks, drains and soakwells from the Site;

(b)        restore the Site; or

(c)         remove any contaminated soil.

(2)               In respect of any cost incurred by the Lessor in undertaking any works pursuant to clause 21(2), the Lessee authorises the Lessor to draw upon the Removal Bond without notice.  If the Removal Bond is insufficient to cover such cost, then any amount in excess of the Removal Bond shall be a liquidated debt recoverable from the Lessee by the Lessor in a court of competent jurisdiction.

The City will be authorised to use the Removal Bond and if there is any shortfall the City will recover the costs from the Lessee.

Lessees maybe able to use their own insurance to restore the structure or rebuild if the City approves this.

Return of Removal Bond

(1)                 If the Lessee complies with its obligations pursuant to clause 21.2 to the Lessor’s satisfaction, the Lessor will return the Removal Bond to the current Lessee plus interest.

(2)                 If the Lessor exercises its rights pursuant to clause 21.3 and draws upon the Removal Bond, in the event a portion of the Removal Bond remains after the completion of such works by the Lessor, the Lessor will return the remaining amount of the Removal Bond to the Lessee.

If the site is cleared to the City’s satisfaction the City will return the Removal Bond to the Lessee.

Limited right for structures to remain

(1)                 The Lessor may permit in its absolute discretion some or all improvements, buildings and fixtures, drains and soakwells to remain on the Site following determination of this Lease. The Lessor will only permit structures or buildings to remain if:

(a) the Lessee is to be granted a further lease of the Site; and

(b) all structures on the Site comply with the requirements of the Building Requirements to the City’s satisfaction.

(2)                The Lessor’s permission pursuant to paragraph (1) above must be obtained at least three months prior to the expiry of the Term.

The City may approve some structures to remain.

Clause to survive termination

The Lessee’s obligations in this clause shall survive Termination.

If the Lessee chooses to not renew the Lease these clauses relating the clearance of the land will still remain.

22. Default

Events of Default

A default occurs if -

(a)             the Lessee is in breach of any of the Lessee’s Obligations for 28 days after a Notice has been given to the Lessee to rectify the breach or to pay compensation in money;

(b)            any execution or similar process is made against the Site on the Lessee’s property;

(c)             the Site is permanently vacated; and

(d)            a person other than the Lessee or assignee is in occupation or possession of the Site or in receipt of a rent and profits.

Default Clauses.

Forfeiture

On the occurrence of any of the events of default specified in clause 22 the Lessor may -

(a)              without prior notice and at any time enter and take possession of the Site and, where that occurs, the Lease shall be terminated immediately from that date of entry; and

(b)              give notice to the Lessee terminating the Lease and the Lease shall be terminated immediately from the date of that notice;

and, where the Lessor terminates the Lease under this clause 22.2, the Lessor will retain all of its rights in respect of any other breach by the Lessee of the Lessee’s Obligations and the Lessee will not be released from any liability in respect of the Lessee’s Obligations.

If the Lessee is in breach of any of these Default Clauses then the City may enact this clause.

Lessor may remedy breach

If the Lessee -

(a)                      fails or neglects to pay the Amounts Payable by the Lessee under this Lease; or

(b)                      does or fails to do anything which constitutes a breach of the Lessee’s Obligations

then, after the Lessor has given to the Lessee notice of the breach and the Lessee has failed to rectify the breach within a reasonable time, the Lessor may without affecting any right, remedy or power arising from that default pay the money due or do or cease the doing of the breach as if it were the Lessee and the Lessee must pay to the Lessor on demand the Lessor’s cost and expenses of remedying each breach or default.

The City may remedy some breaches at the cost of the Lessee if it chooses.

Acceptance of Amount Payable By Lessor

Demand for or acceptance of the Amounts Payable by the Lessor after an event of default has occurred will not affect the exercise by the Lessor of the rights and powers conferred on the Lessor by the terms of the Lease or at law and will not operate as an election by the Lessor to exercise or not to exercise any right or power.

If the City chooses to pay the amounts payable it is still able to exercise its rights under any other law such as recovering the costs.

Essential Terms

Each of the Lessee’s Obligations in clauses 5 (Rent and other payments), 7 (Insurance), 8 (Indemnity), 9 (Maintenance, repair and cleaning), 12 (Restrictions on use), 10 (Building Requirements); 18 (Restrictions on Assignment; No sub-letting or charging), are essential terms of this Lease but this clause 22.5 does not mean or imply that there are no other essential terms in this Lease.

Breach of Essential Terms

If the Lessee breaches an essential term of this Lease then, in addition to any other remedy or entitlement of the Lessor -

the Lessee must compensate the Lessor for the loss or damage suffered by reason of the breach of that essential term;

(a)              the Lessor will be entitled to recover damages against the Lessee in respect of the breach of an essential term;

(b)              the Lessee covenants with the Lessor that if the Term is determined -

(i)                for breach of an essential term or the acceptance by the Lessor of a repudiation of this Lease by the Lessee; or

(ii)               following the failure by the Lessee to comply with any notice given to the Lessee to remedy any default,

the Lessee must pay to the Lessor on demand the total of the Amounts Payable under this Lease which would have been payable by the Lessee for the unexpired balance of the Term as if the Term had expired by effluxion of time together with the losses incurred or reasonably expected to be incurred by the Lessor as a result of the early determination including but not limited to the costs of re-letting or attempting to re-let the Site; and

(c)               the Lessee agrees that the covenant set out in this clause 22.2 will survive termination or any deemed surrender at law of the estate granted by this Lease.

There would be claim for the City’s loss or damage and this would have to be quantified or the lessee could challenge it.

These clauses relate only to the Lessee.

Meaning of repudiation  - denial of the existence of a contract and/or refusal to perform a contract obligation. Repudiation is an anticipatory breach of a contract.

The lease and lease fee are forfeited because of the breach.  The lease fee will be paid annually in advance unless the payment terms as offered are adhered to.

23. Disputes

Referral of Dispute: Phase 1

Except as otherwise provided any dispute arising out of this Lease is to be referred in the first instance in writing to the lessor’s representative as nominated in writing by the Lessor from time to time (Lessor’s Representative) who shall convene a meeting within30 days of receipt of such notice from the Lessee or such other period of time as is agreed to by the parties between the Lessor’s Representative and an officer of the Lessee for the purpose of resolving the dispute (Original Meeting).

As per Property Law Act this is the standard dispute resolution clause.

Referral of Dispute: Phase 2

In the event the dispute is not resolved in accordance with clause 23.1 of this Lease then the dispute shall be referred in writing to the CEO of the Lessor who shall convene a meeting within 10 days of the Original Meeting or such other date as is agreed to by the parties between the CEO and the Lessee for the purpose of resolving the dispute.

Appointment of Arbitrator: Phase 3

In the event the dispute is not resolved in accordance with clause 23.2 of this Lease then the dispute shall be determined by a single arbitrator under the provisions of the Commercial Arbitration Act 1985 (as amended from time to time) and the Lessor and the Lessee may each be represented by a  legal practitioner.

Payment of Amounts Payable to Date of Award

The Lessee must continue to pay the Amounts Payable in full until the date of the Arbitrator’s decision or the date of an agreement between the Parties, whichever event is the earlier, and if upon resolution of the dispute the Lessee is deemed to have paid more than required, the Lessor will refund to the Lessee any such overpayment.

24. No Caveat

The Lessee nor any person on behalf of the Lessee will, without the prior written consent of the Lessor, lodge any absolute caveat at Landgate against the Certificate of Title for the Land, to protect the interests of the Lessee under this Lease.

A requirement of both the City & State Government.

25. Goods and services tax

(a) Lessee must Pay

If GST is payable on the Basic Consideration or any part thereof or if the Lessor is liable to pay GST in connection with the sublease of the Site or any goods, services or other Taxable Supply supplied under this Lease then, as from the date of any such introduction or application:

(i) the Lessor may increase the Basic Consideration or the relevant part thereof by an amount which is equal to the GST Rate; and

(ii) the Lessee shall pay the increased Basic Consideration on the due date for payment by the Lessee of the Basic Consideration.

(b) Increase in GST If, at any time, the GST Rate is increased, the Lessor may, in addition to the GST Rate, increase the Basic Consideration by the GST Adjustment Rate and such amount shall be payable in accordance with this clause.

(c) GST invoice Where the Basic Consideration is to be increased to account for GST pursuant to this clause the Lessor shall in the month in which the Basic Consideration is to be paid, issue a Tax Invoice which enables the Lessee to submit a claim for a credit or refund of GST.

GST applies to other costs such as FESA.  This is a normal clause in all documents since GST was introduced.

26. No Fetter

Notwithstanding any other provision of this Lease, the Parties acknowledge that the Lessor is a local government established by the Local Government Act 1995, and in that capacity, the Lessor may be obliged to determine applications for consents, approvals, authorities, licences and permits having regard to any Written Law governing such applications including matters required to be taken into consideration and formal processes to be undertaken, and the Lessor shall not be taken to be in default under this Lease by performing its statutory obligations or exercising its statutory discretions, nor shall any provision of this Lease fetter the Lessor in performing its statutory obligations or exercising any discretion.

This clause explains that the City will have to carry out some obligations as it is a Local Government.  Things such as approving Building Applications or requesting the Minister for Lands to consent to the Lease.

27. Acts by agents

All acts and things which the Lessor is required to do under this Lease may be done by the Lessor, the CEO, an officer or the agent, solicitor, contractor or employee of the Lessor.

28. Statutory powers

The powers conferred on the Lessor by or under any statutes for the time being in force are, except to the extent that they are inconsistent with the terms and provisions expressed in this Lease, in addition to the powers conferred on the Lessor in this Lease.

29. Notice

Form of delivery

A Notice to a Party must be in writing and may be given or made -

(a) by delivery to the Party personally; or

(b) by addressing it to the Party and leaving it at or posting it by registered post to the address of the Party appearing in this Lease or any other address nominated by a Party by Notice to the other.

Service of notice

A Notice to a Party is deemed to be given or made -

(a) if by personal delivery, when delivered;

(b) if by leaving the Notice at an address specified in clause 29(b), at the time of leaving the Notice, provided the Notice is left during normal business hours; and

(c) if by post to an address specified in clause 29(b), on the second business day following the date of posting of the Notice Signing of notice

A Notice to a Party may be signed -

(a)   if given by an individual, by the person giving the Notice;

(b)   if given by a corporation, by a director, secretary or manager of that corporation;

(c)   if given by a local government, by the CEO;

(d)   if given by an association incorporated under the Associations Incorporation Act 1987, by any person authorised to do so by the board or committee of management of the association; or

(e)   by a solicitor or other agent of the individual, corporation, local government or association giving the Notice.

If you provide us with another address for correspondence we will deliver it there.

This clause explains how a Notice is to be delivered.

30. Severance

If any part of this Lease is or becomes void or unenforceable, that part is or will be severed from this Lease to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.

If any legislation changes during the term of the lease, the amendments can be adopted.

31. Variation

This Lease may be varied only by deed executed by the parties subject to such consents as are required by this Lease or at law.

The Lease can only be varied by a Deed of Variation.

32. Moratorium

The provisions of a statute which would, in any respect, affect the terms of this do not, to the fullest extent permitted by law, apply to limit the terms of this Lease.

33. Further assurance

The Parties must execute and do all acts and things necessary or desirable to implement and give full effect to the terms of this Lease.

Both the City and the Lessee must do

34. Payment of money

Any Amounts Payable to the Lessor under this Lease must be paid to the Lessor at the address of the Lessor referred to in the Lease or as otherwise directed by the Lessor by Notice from time to time.

How to pay any accounts.

35. Waiver

(1)               Failure to exercise or delay in exercising any right, power or privilege in this Lease by a Party does not operate as a waiver of that right, power or privilege.

(2)               A single or partial exercise of any right, power or privilege does not preclude any other or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

If either party delays in doing something it does not mean that the request has been waived it will still have to be done.

36. Governing law

This Lease is governed by and is to be interpreted in accordance with the laws of Western Australia and, where applicable, the laws of the Commonwealth of Australia.

State and Commonwealth Laws regulate different areas of law and it is impossible to exclude one or the other. For example, State legislation regulates incorporated associations under the Incorporated Associations Act, while Commonwealth legislation regulates corporations under the Corporations Act.