~ Government of Western Australia ~ Department of Fisheries

Mr Dale Stewart

Chief Executive Officer

Shire of Denmark

953 South Coast Highway

Denmark Western Australia 6333

Dear Mr Stewart

COUHC l~LORS

CEO

om of F:~IAtJCE

I f1 of ltllRASTRUCTLIRE

of COMMlltllTY

Re: Bevans WA Pty Ltd - Salmon Fishing at Peaceful Bay 'CiHER ~~~~~~-1-__;

Fish for the future

Thank you for your letter of the 14 October 2013 seeking advice from the Department of Fisheries

regarding salmon fishing activities at Peaceful Bay (Council's Recreation and Camping Reserve

Number 24510) since 2009, and the licensee's requirements for continued occupation of the site.

The reserve is important to the licensee as it enables the operator at that location to catch salmon

when they are available and there is a market. Salmon catches on the south coast have been

declining over recent years due to a number of factors which includes, as you identify, "market

conditions" but environmental factors are also thought to be involved.

The unpredictable nature of sa lmon fishing means that the site may be occupied without any fishing

actually taking place. Salmon fishing can be all year round but is usually during the autumn period or

may be later in the year. Most salmon operations involve a number of teams at a particular location

with families and crew. A considerable amount of time can be spent waiting and watching for fish to

swim past the location and may not result in any fish being caught throughout the year.

The Department does not require a South Coast Managed Fishery Licence holder to demonstrate

that they are fishing in order for the licence to be renewed. The management plan for the fishery

requires that the licensee hold a south coast sa lmon managed fishery licence, use authorised boats

and pay their annual renewal and access fees. The licence holder must be present to actually take

the fish (though an observer could locate the fish and advise the licensee).

While there has been a decline in the south coast salmon catch in recent years, in the longer term

there is the prospect that this could change with improved marketing of the product, change in

environmental conditions and new initiatives. Consequently, it is important that the licensee

maintains access to the reserve so that they can take advantage of these opportunities.

Yours sincerely

Keli/)~ Manager South

9 January 2014

Southern Regional Office 88 - 90 Stead Road, Centennial Park, Albany WA 6330

Telephone (08) 9845 7400 Facsimile (08) 9845 7457 customerservice@fish.wa.gov.au www.fish.wa.gov.au

ABN: 55 689 794 771

Our Ref: 110878 Your Ref:

lAIRO L A W Y E' R S"

A2.S81/sAFE 2 q J~ 'zou

I

Contact: Suresh Balakrishnan Senior Associate Samantha Bettenay Solicitor

Email : suresh.balak@latrolawyers.com.au Samantha.bettenay@latrolawyers.com.au

-: /

28 January 2013

Shire of Denmark PO Box 183 DENMARK WA 6333

Attention: Dale Stewart

Dear Mr Stewart

BEVANS WA PTY LTD- LEASE FOR 654 PEACEFUL BAY ROAD, PEACEFUL BAY

We refer the above matter, our letter to you dated 28 November 2013, and your letter to our client

dated 14 October 2013.

The Lease between the Shire of Denmark and Bevans (WA) Pty Ltd (ACN 055 585 503) for Peaceful

Bay Fishing Camp ("the Land"), dated 1 July 2011 ("the Lease") is for a period of 10 years expiring on

30 June 2021.

The Lease requires our client to do as follows, amongst other obligations:

(a) Repair and Maintain the Leased Premises (clause 1);

(b) Maintain licences and permits (clause 1);

(c) Relocate all Buildings and Structures (clause 7.1); and

(d) Rehabilitate the Lands (clause 7.2).

I

T: 08 9842 2046

F: 08 9842 2352

PO Box 5994

ALBANY 6332

Latro Lawyers

ABN 26 039 029 214

142 Aberdeen Street ALBANY

WESTERN AUSTRALIA

' . Latro Lawyers

We are instructed as follows:

Repair and Maintain the Leased Premises I Relocate Buildings and Structures

1. Our client has continually repaired and maintained the building on the Land, revegetated the

Land and attempted to stop erosion on the Land.

2. Our client accepts that there has been some erosion along the beach is recent years.

However, our client does not agree that the shed fell into the sea. Our client removed the

shed on instructions from the Shire.

3. Our client has used tyres, sand bags, and other means to try and stop the erosion of the Land.

Further to tyres and sand bags our client also covered the sandbags with hay and nets to help

the vegetation regenerate.

4. During 2000 our client shifted the building to a new spot on the Land, as requested by

Council, to try and stop the erosion.

5. In 2001 to 2005 our client again relocated and upgraded the building, constructed a fence and

revegetated the area to attempt to stop erosion on the bank.

6. Our client has consistently complied with the Lease and with Council's recommendations to

maintain the building and the Land, and to try and stop erosion.

Rehabilitating the Lands

7. Our client has constantly revegetated the land when requested by Council.

8. Our client most recently revegetated the land in 2001, 2003 and again in 2011.

9. Our client has consistency complied with Council's recommendations to revegetate the land,

and has tried to stop erosion to the land as outlined in paragraph 1 to 6 above.

Maintain Licences and Permits

10. Our client has a current salmon fishing licence. A copy of the licence is enclosed.

11. Our client has complied with all conditions on the fishing licence.

Camping / Use of Leased Area

12. On 11 September 1997 our client requested a fence be constructed to stop vandals entering

the Land and to stop campers from camping without permission. The Council at this time

refused to grant permission to erect the fence.

2

. '

Latro Lawyers

13. In letter to Council dated 7 November 2001 our client again requested permission to build a

fence. During 2002 after negotiations with Council our client relocated and upgraded the

buildings and fenced the area. Since that time the levels of vandalism and unlawful camping

on the Land have decreased considerably.

14. In a letter to you from our client undated but sent in reply to Garry Bird's email to our client

dated 2 April 2013, our client advised:

(a) Our client's managing director, Mr Garry Bevan, and his family visits the site regularly.

Mr Bevan or a family member visits the site to maintain the erosion and perform

maintenance.

(b) Mr Bevan or a family member stay longer than a weekend during the busy fishing

season and stay during the busy holiday periods to stop people trespassing and to stop

vandalism.

(c) Our client's fishing licence is valid all year round and our client can therefore fish at any

time during the year under the terms of their licence.

(d) People staying on the land do so to watch for fish movement or perform maintenance.

Salmon Fishing

15. Our client has fished salmon and herring every year from 1952 to 2009. Since that time they

have had someone at the land to monitor the fish movements.

16. Our client agrees that salmon fishing has not occurred at the site since 2009. The market

conditions have not been conducive to salmon and herring fishing and therefore not

commercially viable.

17. Our client has spent time and money attempting to obtain a new market. They are currently

working in partnership with WAFIC and Curtin University to find untapped markets.

18. Our client believes the salmon fishing will recover and advised that they will continue to work

together with WAFIC and Curtin University to find a market for salmon fishing.

19. Our client is in ownership of a current fishing licence and intends to continue fishing once the

market increases and fishery can once more be a viable business.

Termination of Lease

20. Our client has continually complied with all obligations and conditions of the Lease. Our client

has continually maintained the premises, revegetated the Land, and worked with the Council

to stop erosion of the Land.

3

. '

Latro Lawyers

21. Due to our client's good history of working with the Council and complying with the Council's

suggestions and requirements, our client submits that their lease should not be terminated.

We look forward to your response.

PP Suresh Balakrishnan LATRO LAWYERS

Enc: Copy Fishing Licence

4

~ Government of Western Australia ~ Department of Fisheries Western Australia

3RD FLOOR. THE ATRIUM G22 168 ST GEORGES TERRACE

Fish Resources Management Act 1994

PERTH WESTERN AUSTRALIA 6000 Fee: $264.00 Licence No: 1219 TELEPHONE •61 8 9482 7333

FACSIMILE •61 8 9482 7390 Webs11e hnp://www.nsh wa.90" au Email . headoffice@fish wa gov.au wa.gov au MANAGED FISHERY LICENCE ABN SS 689 794 771

Name and Business Address of Licence Holder GARRY NORMAN BEVAN 47 ADELAIDE ST ALBANY WA 6330

is authorised to engage in fishing for SALMON in th e Sou th Coast Salmon Managed Fishery. at PEACEFUL BAY BEACH only.

1 Name of Boat: A257A Registration Number: LFBA257A

Length: 5 .20 metres

2 Name of Boat: A257BII Registration Number: LFBA257B

Length: 6.40 m etres

Conditions: The holder of this licence or any persons acting on that person's behalf, must hold a commercial fishing licence granted under the Fish Resources Management Regulations 1995.

NO ADDITIONAL CONDITIONS

Term of Author;zation Wednesday , 1January2014 to Wednesday, 31 December 2~. File No: 00000100 ~

Chief Executive Officer This licence must be produced to a Fisheries Officer on demand . ·----··" WAR NING : This licence will have no effec t until the imprint of the cash register or ottien~um~mfTs'fie' rii(iii :" · ··f··.~· · .. ··· ..... ··-·

Crii;~J.:ller S·~rv1ce 0 : .l~er Page Nu mber.,1 of 2 Pages

Receipt Details: SCS1219 09/12/201 3 201 3 - 156722 Cheque $351 .00 FISH\jv1

Shire of Denmark ("the Lessor")

and

Bevans (WA) Pty Ltd ("the Lessee")

LEASE

FORM LC1

I FORM APPROVAL NO. LAA-1022

WESTERN AUSTRALIA LAND ADMINISTRATION ACT 1997 TRANSFER OF LAND ACT 1893 AS AMENDED

LEASE OF CROWN LAND (L) DESCRIPTION OF LAND (Note 1)

Portion of Reserve No 2451 O and being Hay Location 2229 on Deposited Plan 240012

LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 2)

LESSOR/LESSORS (Note 3)

EXTENT VOLUME

Whole 3122

SHIRE OF DENMARK of 953 South Coast Highway, Denmark in the State of Western Australia.

LESSEE/LESSEES (Note 4)

FOLIO

555

BEVANS (WA) PTY LTD (ACN 055 585 503) whose registered office is 99 Aberdeen Street, Albany in the State of Western Australia

TERM OF LEASE (Note 5)

10 Years O Months O Days

Commencing from the 1st day of July in the year 2011

THE LESSOR HEREBY LEASES TO THE LESSEE the land above described subject to the encumbrances as detailed herein for the above term for a rental of $1200.00 per annum plus GST which shall be deemed to have been paid by the Lessee to the Lessor.

RESERVE 24510 IS VESTED IN THE LESSOR FOR THE PURPOSE OF CAMPING AND RECREATION WITH POWER TO LEASE FOR ANY TERM NOT EXCEEDING TWENTY-ONE (21) YEARS SUBJECT TO THE CONSENT OF THE MINISTER FOR LANDS AND THIS LEASE IS SUBJECT TO THE COVENANTS AND POWERS IMPLIED UNDER THE LAND ADMINISTRATION ACT 1997 AND THE TRANSFER OF LAND ACT 1893 AS AMENDED (UNLESS HEREBY NEGATIVED OR MODIFIED) AND TO THE COVENANTS AND CONDITIONS CONTAINED HEREIN.

THIS LEASE is made the 15r day of July 2011 between the Lessor named in Item 1 of the Schedule hereto and the Lessee named in Item 2 of the Schedule hereto.

WHEREAS: The Lessor has agreed to lease and the Lessee has agreed to take on lease the land described in Item 3 of the Schedule hereto (which together with the buildings erections improvements fixtures and fittings thereon are collectively hereinafter "the Leased Premises") for the Term and on commencement date stated in Item 4 of the Schedule hereto.

1. THE LESSEE COVENANTS WITH THE LESSOR:

TO PAY RENT

To pay on or before the due date for payment the rent reserved at the times and in the manner stated in Item 5 of the Schedule hereto ..

TO PAY OUTGOINGS

To pay and discharge on or before the due date for payment all present and future outgoings including all rates and taxes, charges, assessments, licence fees, duties, impositions, penalties and other outgoings whatever which now or at any time during the Term are assessed and charged upon or in respect of the Leased Premises or the use or occupation of the Leased Premises or any part of the Leased Premises and any amount for water, electricity or gas consumed in the Leased Premises.

COMPLY WITH LEGISLATION

At all times during the Term to duly and punctually comply with, observe and carry out and conform to the provisions of all statutes (State or Federal) and all subsidiary legislation now or hereafter in force and all requirements and orders of any authority, statutory or otherwise, which affect the leased premises or the use of the Leased Premises or which impose any duty or obligations upon the owner or occupier of the Leased Premises.

TO REPAIR AND MAINTAIN

(a) To keep the Premises cleaned, drained, in a sanitary condition and clear of rubbish and debris and store all garbage rubbish and refuse in a proper hygienic manner and attend to the expeditious disposal thereof.

(b) To keep the Premises free from any hazard or hazardous material which could endanger human life.

(c) At the expiration or earlier determination of the Term to clear the Premises of all rubbish and debris and to leave the Premises in a clean and tidy condition to the satisfaction of the Lessor.

(d) To take all necessary measures that may be necessary to exterminate and keep the Structures on the Premises free from white ants and vermin and comply with all Acts of Parliament relating thereto and duly and punctually comply with and observe all statutes now and hereafter in force and all ordinances, regulations, by-laws and local laws relating to these matters or otherwise in any case in which the non-compliance therewith or the non-observance thereof would or might impose some damage or liability upon the Premises or any part thereof or the Lessor in respect thereof.

(e) To maintain all vehicular access tracks upon the Premises. (f) To maintain, repair and keep clean all the Buildings and Structures erected or to

be erected on the Premises. (g) Not to damage, destroy, remove or clear any native vegetation on the Premises,

unless it is necessary for the erection or location of any of the permitted structures or for access thereto and in any event without the prior written consent of the Lessor.

(h) Not to disturb the surface soil on the Premises in any manner likely to cause soil erosion.

(i) Not to do or permit to be done or leave undone or permit to be left undone any act or thing which may be or deemed to be a nuisance within the meaning of the Local Government Act, the Health Act or any other Act, By-law or regulation applicable to the Premises or the use or occupation thereof by the Lessee and forthwith to ab~te any such nuisance.

NOTICE OF DAMAGE

To inform the Lessor in writing of any damage to or defect in the Leased Premises likely to cause any injury to any persons thereon immediately the Lessee becomes aware of it.

LESSOR'S POWER TO VIEW AND REPAIR

To permit the Lessor and the agents of the Lessor (with or without workmen) to enter the premises with or without tools, machines and materials upon giving TWENTY FOUR (24) hours' notice or without notice where in the opinion of the Lessor there is an emergency:-

(a) To inspect the premises; (b) To carry out any rebuilding , repair, restoration, alteration, addition or

improvement to the Premises that in the opinion of the Lessor may be necessary or convenient;

(c) To repair the Premises or rectify any other breach by the Lessee of the Lessee's Covenants within a reasonable period specified in a notice served upon the Lessee requiring it to remedy that breach. These expenses are to be prepaid by the Lessee additional to the Rent payable for the period during which the expenses were incurred. If this amount is not repaid it is recoverable in the same manner as rent in arrears and interest is payable at the rate specified in Item 5 of the Schedule calculated from the date when payment was due.

(d) To repair any part of the adjoining property (if any) belonging to the Lessor's and any buildings on the adjoining property.

(e) To construct, erect, lay down, alter, repair, cleanse or maintain any drain, ventilator, shaft, water pipe, electric wires or gas pipes in connection with the adjoining property.

SURRENDER OF PREMISES

(a) At the determination this Lease or of the Term or any period of holding over quietly to deliver up possession of the Premises in good repair and condition free of an letter debris or any environmental degradation consistent with the Lessee's Covenants.

(b) Before the determination of the Term or any period of holding over pursuant to clause 4( 14) to remove at the expense of the Lessee all chattels, fixtures, fittings, signs and advertisements belonging to or brought upon the Premises by the Lessee and all Structures unless the Lessor has agreed in writing to the contrary and promptly make good to the reasonable satisfaction of theLessor all damage caused or occasioned by that removal.

(c) Any such chattels, fixtures, fittings, sign and advertisements referred to in (b) above not so removed by the Lessee within 7 days of the determination of the Term or any period of holding over pursuant to clause 4(14) shall, if the Lessor so elects become the property of the Lessor.

VACATING PREMISES OR RENEWAL OF LEASE

The Lessee shall give notice in writing for a period not less than SIX (6) months prior to the determination of the Lease of the Lessee's intention to either vacate the Premises or negotiate a Lease for a further term.

EFFECT OF WAIVERS OF DEFAULT

No express or implied consent or· waiver by the Lessor or its agent to any breach of any covenant, condition or duty of the Lessee shall be construed as a consent to or waiver of any breach of any covenant, condition or duty.

TOT AL DESTRUCTION OF THE PREMISES

If the Premises or the Dwellings on the Premises are destroyed or damaged by fire, flood, lightning, storm, tempest or other disabling cause so as to render the Premises substantially unfit for use and occupation for any period exceeding ONE (1) month or so as to render the building or reconstruction of the Premises in its previous form impractical or undesirable in the opinion of the Lessor THEN:

(a) The Lessee may at its option terminate the lease by TWO (2) weeks' notice in writing to the Lessor.

(b) The Lease shall terminate on the third day after such notice is given. (c) If the Lessee terminates the Lease in accordance with clause 4(4)(a):

(i) It shall comply with clause 2(17). (ii) It shall not be liable for payment of any Rent beyond the end of the

financial year in which termination occurs pursuant to this clause. (d) Any termination as aforesaid shall be without prejudice to the rights of either

party in respect of any antecedent breach matter or thing.

OPERATION AND USE OF PREMISES

(a) To use the Premises only for the Business and no other without the prior written consent of the Lessor.

(b) To carry out the Business in a proper and efficient manner. (c) The Premises shall only be occupied:

(i) by the endorsed licensed holders (pursuant to the Fisheries Act) only; (ii) during the salmon fishing season (as prescribed by the Department of

Fisheries) and not otherwise.

LICENSES AND PERMITS

(a) To keep in force all licenses and permits required for the carrying out of the Business.

(b) If during the Term the Lessee ceases to hold a Salmon Fisherman's Licence issued pursuant to the Fisheries Act then the Lease will automatically terminate and the Lessee shall vacate the Premises forthwith PROVIDED THAT should the Lessee hold a Zone Fishing Licence issued pursuant to the Fisheries Act as well as a Salmon Fishing Licence the Lessee may continue to occupy the Premises subject to the terms and conditions of this Lease.

(c) Not to permit, without the prior written consent of the Lessor, on each occasion had and obtained, any person to use the Premises as a place of permanent residence by any person.

(d) Not to permit the floors, walls, driveways and other parts of the Premises or any electrical power, water or other installation servicing the Premises to be overloaded, broken, strained or damaged.

( e) Not to carry on or permit to be carried on at the Premises any noxious or offensive activity nor anything which may be a nuisance, annoyance or cause damage or loss to the Lessor or the owners or occupiers of any adjoining Premises or any other person or to use the Premises for any illegal or immoral purpose.

SIGNS, APPARATUS, ADVERTISING MATTER, etc

(a) Not to permit any structures, signs, notices, television or radio antennae, mast or canopy to be exhibited on or affixed to any door, wall, window, roof interior or exterior part of the Premises without first obtaining the consent of the Lessor

(b) Not to remove, change, or modify any awning, canopy, decoration, lettering, advertising matter or thing without the written approval of the Lessor.

(c) The Lessor shall not unreasonably withhold consent.

NUISANCE

Not to allow anything to be done or to occur in or about the Leased Premises which is noxious, offensive or audibly or visually a nuisance.

NOT DAMAGE TREES

Not to destroy, cut down, prune or damage any living tree on the Leased Premises without the Lessor's consent.

PAY LESSOR'S EXPENSES

To pay to the Lessor on demand all sums of money which the Lessor may pay or expend in connection with performing, discharging or executing any requisition or works or abating any nuisance referred to in the preceding provisions of this Lease and which the Lessee fails to perform, discharge, execute or abate.

NO ASSIGNMENT

Not to assign, mortgage, sub-let or part with the possession of or dispose of the Lease Premises or any part of the Leased Premises or the benefit at law or in equity of this Lease without the prior written consent of the Lessor and, if required by law, of the Minister for Lands having first being obtained.

INDEMNITY

At all time to indemnify and keep indemnified the Lessor and its agents and employees against all claims which may be made by any person arising out of or incidental to the use of the Leased Premises by the Lessee or any of its officers, employees, agents, licensees or invitees.

INSURANCE

To insure and keep insured (except to the extent to which the Lessor may consent) in the joint names of the Lessor and the Lessee with an insurer authorised to operate under the Insurances Act 1973 and approved by the Lessor:-

(i) Against all liability to any person or property for all risks usually covered by a comprehensive public liability insurance policy in a sum required by the Lessor but in any event not less than TEN MILLION DOLLARS ($10,000,000.00) in respect of any one claim.

(ii) Against all risks in respect of the Building and Structures on the Premises to their full insurable value.

(a) To deliver to the Lessor on demand a copy of all policies of insurance. (b) To pay all insurance premiums within seven (7) days after they become due. ( c) To comply with the requirements of the insurer relating to the insurance policy

and to the Premises. (d) Not at any time to reduce the amount of insurance without first obtaining the

consent of the Lessor. (e) Not to do any act or thing that may cause any insurance premium to be

increased or that may cause the insurance to be prejudiced or become liable to be cancelled or avoided or whereby any claim on the insurance policy may be or become liable to be reduced. If through the carry on of the Lessee's business any rate of insurance premium is increased the Lessee will pay the amount of the increase to the Lessor.

(f) If the Lessee fails to maintain any insurance the Lessor may make payment and keep on foot the insurance policy. The Lessee will on demand repay the insurance premium to the Lessor.

PROOF OF INSURANCE

To deliver to the Lessor on or before the expiration of each year of the Term and at any other time upon the request of the Lessor valid certificates of currency in respect of all such insurance policies issued by the insurance companies with which the policies have been effected by the Lessee.

2. THE LESSOR HEREBY COVENANTS WITH THE LESSEE:

NO INTERFERENCE BY LESSOR

That subject to the terms and conditions of this lease the Lessee may use and occupy the Leased Premises during the term of the Lease without any interference from the Lessor or any person claiming any interest in the Leased Premises through the Lessor.

LESSEE'S COVENANTS:

SEVERABILITY

If any part of this Deed is or becomes void or unenforceable then that part shal l be severed from this Deed to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and shall be unaffected by an severance.

EXONERATION OF LESSOR FROM LIABILITY

The Lessor shal l not be liable for any loss or damage suffered by the Lessee by reason of any accident arising from the water sewerage, gas or electricity or other services used or installed in the Premises or by reason of any leakage, overflow or escape of water, gas or electricity unless the same is directly attributable to the negligence of the Lessor or the employees of the Lessor.

RENT REVIEW

(a) On or before each Rent Review Date (Item 5 of the Schedule) the Lessor is to notify the Lessee in writing not less than ONE (1) month prior to the Rent Review Date ("Lessor's Notice") of the amount which the Lessor considers to be the reviewed Annual Rent for the Premises. The amount specified in the Lessor's Notice is to be the relevant reviewed Annual Rent unless the Lessee notifies the Lessor in writing ("Lessee's Dispute Notice) within 14 days of the receipt by the Lessee of the Lessor's Notice. If the Lessor and the Lessee have not agreed upon the Annual Rent payable for the relevant rent Period within ONE (1) month of the giving of the Lessee's Dispute Notice the Market Rent for the relevant Rent Period is to be determined and paid in the manner specified in the paragraphs (b) to (h) inclusive below.

(b) The Market Rent of the Premises is to be as assessed by a Valuer appointed by the President of the Australian Institute of Valuers (WA Division) at the request of the Lessor ("Appointed Valuer").

( c) The Lessee shall bear the cost of the Appointed Valuer. (d) The decision of the Appointed Valuer is final and binding on the Lessor and the

Lessee PROVIDED HOWEVER that the reviewed Annual Rent so determined shall not be less than the amount of Annual Rent payable by the Lessee immediately prior to the Rent Review Date.

(e) The Appointed Valuer shall be deemed to be acting as an expert and not as an arbitrator.

(f) The Annual Rent for each year in the Rent Period as reviewed is payable by one annual instalment calculated to the nearest cent provided that, pending agreement or determination as aforesaid, payment is to be made by the Lessee at the rate specified in the Lessor's Notice and thereafter at the agreed or determined rate with an appropriate adjustment to the annual payment further provided that if the Lessor's Notice is given after a Rent Review Date, the difference between the amount specified in the Lessor's Notice and the amount of Annual Rent payable immediately before the Rent Review Date to the date upon which an instalment of Annual Rent is payable next following the giving of the Lessor's Notice is to be paid with that following instalment.

(g) The amount of any difference in Annual Rent between the amount specified in the Lessor's Notice and the amount of Annual Rent agreed or determined to be payable for the period from the relevant Rent Review Date to the date upon which an instalment of Annual Rent is payable next following the date of agreement or determination is to be paid by the Lessee to the Lessor forthwith.

(h) Despite anything to the contrary expressed in or implied by this Lease:

(i) time is not of the essence in the giving of the Lessor's Notice; in particular, the Lessor is not, by reason of its failure to give a Lessor's Notice upon or within any time period after a Rent Review Date, to forfeit its right to have the Annual Rental reviewed as at the Review Date;

(ii) time is of the essence for the giving of the Lessee's Dispute Notice and the Implementation by the Lessee.

3. THE LESSOR AND THE LESSEE AGREE THAT:

DEFAULT BY LESSEE

If during the Term the Lessee makes default in the due performance or observance of any of the Lessee's Covenants and such default is not remedied within 30 days after notice thereof is given by the Lessor or if the Lessee is wound up or ceases to operate then the Lessor may terminate this lease and the rights of the Lessee under this lease provided that if the default is capable of being remedied by the Lessor, then the Lessor may in its discretion itself remedy the default or cause it to be remedied (for which purpose the Lessor by agents, workmen or otherwise has full power to enter upon the Leased Premises) and the costs and expenses incurred by the Lessor in remedying the default or causing it to be remedied are a debt payable by the Lessee to the Lessor on demand.

TERMINATION OF LEASE

The Lessor may terminate this Lease by giving six (6) months' written notice to the Lessee, notwithstanding that the Lessee is not in· default and notwithstanding that the term of the Lease has not expired and the Lessee may terminate this Lease by giving six (6) months written notice to the Lessor notwithstanding that the term of the Lease has not expired. Such termination by either party does not waive the rights of the Lessor and/or the Lessee to seek a payment for compensation.

HOLDING OVER

If the Lessee remains in possession of the Leased Premises with the permission of the Lessor after the expiration or sooner determination of the Term the Lessee will hold the Leased Premises as a monthly tenant subject to all the covenants and condit ions contained in th is Lease as far as they are applicable to a monthly tenancy and the tenancy so constituted may be terminated by one month's notice given by either party which notice may be given so as to expire at any time.

ARBITRATION

Any dispute or difference arising between the parties in respect of any of the matters referred to in this Lease shall be referred to arbitration under the provisions of the Commercial Arbitration Act 1985.

NOTICES

Any notice to be served on the Lessee under this Lease is to be served by the Lessor by delivery to the Lessee at the Leased Premises.

SPECIAL TERMS

The Lessor and the Lessee will each comply with and observe and perform their respective obligations under any special term or condition shown at Item 7 of the Schedule hereto.

The Schedule

1. Lessor: Shire of Denmark of South Coast Highway, Denmark WA 6333.

2. Lessee: Bevans (WA) Pty Ltd (ACN 055 585 503)

3. Leased Premises: Portion of Reserve No 24510 and being Hay Location 2229 on Deposited Plan 240012

4. Term of Lease: 10 years commencing on 1 July 2011 and expiring on 30 June 2021

5. Annual Rent: Twelve Hundred Dollars ($1200.00) per annum plus GST for each year of the Ten Year Term of Lease, payable in one instalment before 31 August in each year of the term.

6. Rent Review Dates: 1 July of each year and any period of holding over

7. Special Conditions:

7.1 Relocation Buildings & Structures

(a) The Lessee shall on or before 1 January 2013 relocate all Buildings and Structures at least 10 metres from the top of the dune cliff at the eastern boundary of the Premises and shall maintain a 10 metre separation from the top of the dune cliff at all times, notwithstanding any degradation of the dune cliff.

(b) The Lessee shall obtain all necessary approvals and planning consents and comply with all building and health requirements under the applicable statutes, to the satisfaction of the Lessor prior to the relocation at any time of the Buildings and Structures referred to in clause 2(20)(a).

7 .2 Areas Adjacent to Premises

(a) Those areas immediately adjacent to, but not in the Premises that, in the opinion of the Lessor have been degraded shall be rehabilitated by the Lessee with endemic species, to the satisfaction of the Lessor and at the expense of the Lessee.

(b) The Lessee shall not use or permit to be used any area adjacent to the Premises.

ATTESTATION SHEET

arties as a Deed on the

LESSOR SIGNS HERE

The Common Seal of SHIRE OF DENMARK was hereunto affixed in the presence of

Ross Thornton Shire President

LESSEE SIGNS HERE

) ) ) )

da of in the ear

Dale Stewart Chief Executive Officer

INSTRUCTIONS 1. If Insufficient space In any section, Additional Sheet, Form 81 should be

used with appropriate headings. The boxed sections should only contain the words "see page .. ."

2. Additional Sheets shall be numbered consecutively and bound to this document by staples along the left margin prior to execuUon by the parties.

3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being Initialled by the persons signing this document and their witnesses.

4. Where issued, the Duplicate Certificate of Title is required to be produced or if held by another party then arrangements must be made for its production.

1. DESCRIPTION OF LAND Lot and Diagram/Plan/Strata/Survey-Strata Plan number or Location name and number to be staled. Extent - Whole, part or balance of the land comprised in the Certificate of Title to be stated. If part, define by recital andlor sketch. The Volume and Folio number to be stated.

2. LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS In this panel show (subject to the next paragraph) those limitations, interests, encumbrances and notifications affecting the land being leased that are recorded on the certificate(s) of title: a) In the Second Schedule; b) If no Second Schedule, that are encumbrances. (Unless to be removed by action or document before registration hereof)

Do not show any: (a) Easement Benefits or Restrictive/Covenant Benefits; or (b) Subsidiary interests or changes affecting a limitation. etc. that is to be entered in the panel (eg. if a mortgage is shown, do not show any partial discharges or any document affecting either). The documents shown are· to be identified by nature and number. The plan/diagram encumbrances shown are t o be identified by nature and relevant plan/diagram. Strata/survey-strata plan encumbrances are to be described as "Interests on strata/survey-strata plan". If none show "nil".

3. LESSOR State the full name of the Lessor/Lessors (REGISTERED PROPRIETOR) as shown in certificate of title and the address/addresses to which future notices can be sent.

4. LESSEE State full name of the Lessee/Lessees and the address/addresses to which future notices can be sent. If two or more slate tenancy e.g. Joint Tenants, Tenants in Common. If Tenants in Common specify shares.

5. TERM OF LEASE Must exceed 3 years. Term to be stated In years, months and days or as the case may be. Commencement date to be stated. Options to renew to be shown.

6. RECITE ANY EASEMENTS TO BE CREATED Here set forth any Easements to be created as appurtenant to the lease commencing with the words "together with" and/or any Reservations hereby created encumbering the lease commencing with the words "reserving to".

7. State amount of yearly rental In figures.

8. State term of payment.

9. Insert any Covenants required.

10. LESSOR/LESSEE EXECUTION A separate attestation is required for every person signing this document. Each signature should be separately witnessed by an Mll!l Person. The address and occupation of the witness must be slated.

EXAMINED

OFFICE USE ONLY

LEASE OF CROWN LAND (L)

LO DGED BY: SHIRE O F DENMARK

ADDRESS

PHONE No.

FAX No.

REFERENCE No.

ISSUING BOX No.

PREPARED BY: SHIRE OF DENMARK

ADDRESS

PHONE No. FAX No.

INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.

Figure 1 Portion of Reserve No 24510 and being Hay location 2229 on Deposited Plan 240012

Indicative Boundary Only· Refer to survey for exact boundary lines

./

/­p

~

/

. /I/ I .... 1' (

'l ..

. '--...

II~ I 'I I J

#1 i I

I i .

' I

I I

I

I r..

I

l

t-UKM LC1

I FORM APPROVAL NO. LAA-1022

WESTERN AUSTRALIA LAND ADMINISTRATION ACT 1997 TRANSFER OF LAND ACT 1893 AS AMENDED

LEASE OF CROWN LAND (L) DESCRIPTION OF LAND (Note 1)

Portion of Reserve No 20928 and being portion of Lot 304 and for the purpose of identification only delineated and hachured black in the Sketch attached hereto.

LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 2)

LESSOR/LESSORS (Note 3)

EXTENT VOLUME FOLIO

Part 3081 910

SHIRE OF DENMARK of 953 South Coast Highway, Denmark in the State of Western Australia.

LESSEE/LESSEES (Note 4)

LESLIE HAMIL TON PINNIGER of PO Box 680, Denmark

TERM OF LEASE (Note 5)

10 Years O Months 0 Days .. ~

Commencing from the 1 st day of July in the year 2012

THE LESSOR HEREBY LEASES TO THE LESSEE the land above described subject to the encumbrances as detailed herein.

or the above term for a rental of $1,200.00 per annum plus GST (as at 1 July 2012) which shall be deemed to have been paid by the Lessee to the Lessor.

Shire of Denmark ("the Lessor")

and

L_~slie Hamilton Pinniger ("the Lessee")

LEASE

RESERVE 20928 IS VESTED IN THE LESSOR FOR THE PURPOSE OF CAMPING AND RECREATION WI POWER TO LEASE FOR ANY TERM NOT EXCEEDING TWENTY-ONE (21) YEARS SUBJECT TO T CONSENT OF THE MINISTER FOR LANDS AND THIS LEASE IS SUBJECT TO THE COVENANTS A POWERS IMPLIED UNDER THE LAND ADMINISTRATION ACT 1997 AND THE TRANSFER OF LAND ACT 1i AS AMENDED (UNLESS HEREBY NEGATIVED OR MODIFIED) AND TO THE COVENANTS AND CONDIT.IQ CONTAINED HEREIN.

THIS LEASE is made the 15r day of July 2012 between the Lessor named in Item 1 oft Schedule hereto and the Lessee named in Item 2 of the Schedule hereto.

WHEREAS: The Lessor has agreed to lease and the Lessee has agreed to take on lease the land described Item 3 of the Schedule hereto (which together with the buildings erections improvements fixtur• and fittings thereon are collectively hereinafter "the Leased Premises") for the Term and <

commencement date stated in Item 4 of the Schedule hereto.

1. THE LESSEE COVENANTS WITH THE LESSOR:

TO PAY RENT

To pay on or before the due date for payment the rent reserved at the times and the manner stated in Item 5 of the Schedule hereto.

TO PAY OUTGOINGS

To pay and discharge on or before the due date for payment all present and futur outgoings including all rates and taxes, charges, assessments, licence fees, dutie: impositions, penalties and other outgoings whatever which now or at any time durin the Term are assessed and charged upon or in respect of the Leased Premises c the use or occupation of the Leased Premises or any part of the Leased Premise and any amount for water, electricity or gas consumed in the Leased Premises.

COMPLY WITH LEGISLATION

At all times during the Term to duly and punctually comply with, observe and carr: out and conform to the provisions of all statutes (State or Federal) and all subsidiaf"'. legislation now or hereafter in force and all requirements and orders of any authority statutory or otherwise, which affect the leased premises or the use of the Leasec Premises or which impose any duty or obligations upon the owner or occupier of thE Leased Premises.

TO REPAIR AND MAINTAIN

(a) To keep the Premises cleaned, drained, in a sanitary condition and clear 01 rubbish and debris and store all garbage rubbish and refuse in a proper hygienic manner and attend to the expeditious disposal thereof.

(b) To keep the Premises free from any hazard or hazardous material which could endanger human life. .

(c) At the expiration or earlier determination of the Term to clear the Premises of all rubbish and debris and to leave the Premises in a clean and tidy condition to the satisfaction of the Lessor.

(d) To take all necessary measures that may be necessary to exterminate· and keep the Structures on the Premises free from white ants and vermin and comply with all Acts of Parliament relating thereto and duly and punctually comply with and observe all statutes now and hereafter in force and all ordinances, regulations, by-laws and local laws relating to these matters or otherwise in any case in which the non-compliance therewith or the non-observance thereof would or might impose some damage or liability upon the Premises or any part thereof or the Lessor in respect thereof.

(e) To maintain all vehicular access tracks upon the Premises. (f) To maintain, repair and keep clean all the Buildings and Structures erected or to

be erected on the Premises. (g) Not to damage, destroy, remove or clear any native vegetation on the Premises,

unless it is necessary for the erection or location of any of the permitted structures or for access thereto and in any event without the prior written consent of the Lessor. •

(h) Not to plant any exotic or non-local, native vegetation on site without the prior written consent of the Council.

(i) Not to disturb the surface soil on the Premises in any manner likely to cause soil erosion.

U) Not to do or permit to be done or leave undone or permit to be left undone any act or thing which may be or deemed to be a nuisance within the meaning of the Local Government Act, the Health Act or any other Act, By-law or regulation applicable to the Premises or the use or occupation thereof by the Lessee and forthwith to abate any such nuisance. '

NOTICE OF DAMAGE

To inform the Lessor in writing of any damage to or defect in the Leased Premises likely to cause any injury to any persons thereon immediately the Lessee becomes aware of it.

LESSOR'S POWER TO VIEW AND REPAIR

To permit the Lessor and the agents of the Lessor (with or without workmen) to enter the premises with or without tools, machines and materials upon giving TWENTY FOUR (24) hours' notice or without notice where in the opinion of the Lessor there is an emergency:-

(a) To inspect the premises; (b) To carry out any rebuilding, repair, restoration, alte,ration, addition or

improvement to the Premises that in the opinion of the Lessor may be necessary or convenient;

(c) To repair the Premises or rectify any other breach by the Lessee of the Lessee's Covenants within a reasonable period specified in a notice served upon the Lessee requiring it to remedy that breach. These expenses are to be prepaid by the Lessee additional to the Rent payable for the period during which the expenses were incurred. If this amount is not repaid it is recoverable in the same manner as rent in arrears and interest is payable at the rate specified in Item 5 of the Schedule calculated from the date when payment was due.

(d) To repair any part of the adjoining property (if any) belonging to the Lessor's and any buildings on the adjoining property.

(e) To construct, erect, lay down, alter, repair, cleanse or maintain any drain, ventilator, shaft, water pipe, electric wires or gas pipes in connection with the adjoining property.

SURRENDER OF PREMISES

(a) At the determination this Lease or of the Term or any period of holding over quietly to deliver up possession of the Premises in good repair and condition free of an letter debris or any environmental degradation consistent with the Lessee's Covenants.

(b) Before the determination of the Term or any period of holding over pursuant to clause 4(14) to remove at the expense of the Lessee all chattels, fixtures, fittings, signs and advertisements belonging to or brought upon the Premises by the Lessee and all Structures unless the Lessor has agreed in writing to the contrary and promptly make good to the reasonable satisfaction of theLessor all damage caused or occasioned by that removal.

(c) Any such chattels, fixtures, fittings, sign and advertisements referred to in (b) above not so removed by the Lessee within 7 days of the determination of the Term or any period of holding over pursuant to clause 4(14) shall, if the Lessor so elects become the property of the Lessor.

VACATING PREMISES OR RENEWAL OF LEASE

The Lessee shall give notice in writing for a period not less than SIX (6) months prior to the determination of the Lease of the Lessee's intention to either vacate the Premises or negotiate a Lease for a further term which may or may not be granted by the Lessor.

EFFECT OF WAIVERS OF DEFAULT

~ No express or implied consent or waiver by the Lessor or its agent to any breach of ~ any covenant, condition or duty of the Lessee shall be construed as a consent to or waiver of any breach of any covenant, condition or duty.

TOT AL DESTRUCTION OF THE PREMISES .. ~

If the Premises or the Dwellings on the Premises are destroyed or damaged by fire, flood, lightning, storm, tempest or other disabling cause so as to render the Premises substantially unfit for use and occupation for any period exceeding ONE (1) month or so as to render the building or reconstruction of the Premises in its previous form impractical or undesirable in the opinion of the Lessor THEN:

(a) The Lessee may at its option terminate the lease by TWO (2) weeks' notice in writing to the Lessor.

(b) The Lease shall terminate on the third day after such notice is given. (c) If the Lessee terminates the Lease in accordance with clause 4(4)(a):

(i) It shall comply with clause 2(17). (ii) It shall not be liable for payment of any Rent beyond the end of the

financial year in which termination occurs pursuant to this clause. (d) Any termination as aforesaid shall be without prejudice to the rights of either

party in respect of any antecedent breach matter or thing.

OPERATION AND USE OF PREMISES

-~

(a) To use the Premises only for the Business and no other without the prior written consent of the Lessor.

(b) To carry out the Business in a proper and efficient manner.

(c) The Premises shall only be occupied: (i) by the endorsed licensed holders (pursuant to the Fisheries Act) and their

families (ii) occasional caretaker use; (iii) during the fishing season (as prescribed by the Department of Fisheries)

and not otherwise. (iv) at other times to undertake maintenance of the premises

(d) Not to permit the floors, walls, driveways and other parts of the Premises or any electrical power, water of other installation servicing the Premises to be overloaded, broken, strained or damaged.

( e) Not to carry on or permit to be carried on at the Premises any noxious or offensive activity nor anything which may be a nuisance, annoyance or cause damage or loss to the Lessor or the owners or occupiers of any adjoining Premises for any illegal or immoral purpose.

(f) To locate no more than THREE (3) caravans on the Premises during the fishing season/s as prescribed by the Department of Fisheries.

LICENSES AND PERMITS

(a) To keep in force all licenses and permits required for the carrying out of the Business.

(b) If during the Term the Lessee ceases to hold a Salmon Fisherman's Licence issued pursuant to the Fisheries Act then the Lease will automatically terminate and the Lessee shall vacate the Premises forthwith PROVI OED THAT should the Lessee hold a South Coast Commercial Fishing Licence issued pursuant to the Fisheries Act the Lessee may continue to occupy the Premises subject to the terms and conditions of this Lease.

(c) Not to permit, without the prior written consent of the Lessor, on each occasion had and obtained, any person to use the Premises as a place of permanent residence by any person.

(d) Not to permit the floors, walls, driveways and other parts of the Premises or any electrical power, water or other installation servicing the Premises to be overloaded, broken, strained or damaged.

( e) Not to carry on or permit to be carried on at the Premises any noxious or offensive activity nor anything which may be a nuisance, annoyance or cause damage or loss to the Lessor or the owners or occupiers of any adjoining Premises or any other person or to use the Premises for any illegal or immoral purpose.

SIGNS, APPARATUS, ADVERTISING MATTER, etc

(a) · Not to permit any structures, signs, notices, canopy to be exhibited on or affixed to any door, wall, window, roof interior or exterior part of the Premises without first obtaining the consent of the Lessor

(b) Not to remove, change, or modify any awning, canopy, decoration, lettering, advertising matter or thing without the written approval of the Lessor.

(c) The Lessor shall not unreasonably withhold consent.

r

)•

1'401: w a11ow anymmg to oe aone or to occur in or about the Leased Premises whicl is noxious, offensive or audibly or visually a nuisance.

NOT DAMAGE TREES

Not to destroy, cut down, prune or damage any living tree on the Leased Premisei without the Lessor's consent.

PAY LESSOR'S EXPENSES

To pay to the Lessor on demand all sums of money which the Lessor may pay 01

expend in connection with performing, discharging or executing any requisition 01

works or abating any nuisance referred to in the preceding provisions of this Lease and which the Lessee fails to perform, discharge, execute or abate.

NO ASSIGNMENT

Not to assign, mortgage, sub-let or part with the possession of or dispose of the Lease Premises or any part of the Leased Premises or the benefit at law or in equity of this Lease without the prior written consent of the Lessor and, if required by law, of the Minister for Lands having first being obtained.

Such assignment not to be reasonably withheld by the Lessor.

INDEMNITY

The lessee shall indemnify and shall hold indemnified the Minister for Lands and the Lessor from and against all actions claims demands losses costs and expenses which the Minister for Lands or Lessor sustains or incurs or for which the Minister for Lands or Lessor becomes liable whether during -er after the Term in respect or arising out of or incidental to the use of the Leased Premises by the Lessee or any of its officers, employees, agents, licensees or invitees.

INSURANCE

To insure and keep insured (except to the extent to which the Lessor may consent) the Lessee with an insurer authorised to operate under the Insurances Act 1973 and approved by the Lessor:-

(i) Against all liability to any person or property for all risks usually covered by a comprehensive public liability insurance policy in a sum required by the Lessor but in any event not less than TEN MILLION DOLLARS ($10,000,000.00) in respect of any one claim.

(ii) Against all risks in respect of the Building and Structures on the Premises to their full insurable value.

(a) To deliver to the Lessor on demand a copy of all policies of Insurance. (b) To pay all insurance premiums within seven (7) days after they become due. (c) To comply with the requirements of the insurer relating to the insurance policy

and to the Premises.

(d) Not at any time to reduce the amount of insurance without first obtaining the consent of the Lessor.

(e) Not to do any act or thing that may cause any insurance premium to be increased or that may cause the insurance to be prejudiced or become liable to be cancelled or avoided or whereby any claim on the insurance policy may be or become liable to be reduced

(f) If the Lessee fails to maintain any insurance the Lessor may make payment and keep on foot the insurance policy. The Lessee will on demand repay the insurance premium to the Lessor.

PROOF OF INSURANCE

To deliver to the Lessor on or before the expiration of each year of the Term and at any other time upon the request of the Lessor valid certificates of currency in respect of all such insurance policies issued by the insurance companies with which the policies have been effected by the Lessee.

,.. .

2. THE LESSOR HEREBY COVENANTS WITH THE LESSEE:

NO INTERFERENCE BY LESSOR

That subject to the terms and conditions of this lease the Lessee may use and occupy the Leased Premises during the term of the Lease without any interference from the Lessor or any person claiming any interest in the Leased Premises through the Lessor.

LESSEE'S COVENANTS:

SEVERABILITY

If any part of this Deed is or becomes void or unenforceable then that part shall be severed from this Deed to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and shall be unaffected by an severance.

EXONERATION OF LESSOR FROM LIABILITY

The Lessor shall not be liable for any loss or damage suffered by the Lessee by reason of any accident arising from the water sewerage, gas or electricity or other services used or installed in the Premises or by reason of any leakag·e, overflow or escape of water, gas or electricity unless the same is directly attributable to the negligence of the Lessor or the employees of the Lessor.

,1

RENT REVIEW

(a) On or before each Rent Review Date (Item 6 of the Schedule) the Lessor is to notify the Lessee in writing not less than ONE (1) month prior to the Rent Review Date ("Lessor's Notice") of the amount which the Lessor considers to be the reviewed Annual Rent for the Premises. The amount specified in the Lessor's Notice is to be the relevant reviewed Annual Rent unless the Lessee notifies the Lessor in writing ("Lessee's Dispute Notice) within 14 days of the receipt by the Lessee of the Lessor's Notice. If the Lessor and the Lessee have not agreed upon the Annual Rent payable for the relevant rent Period within ONE (1) month of the giving of the Lessee's Dispute Notice the Market Rent for the relevant Rent Period is to be determined and paid in the manner specified in the paragraphs (b) to (h) inclusive below.

(b) The Market Rent of the Premises is to be as assessed by a Valuer appointed by the Lessor ("Appointed Valuer").

(c) The Lessee shall bear the cost of the Appointed Valuer. (d) The decision of the Appointed Valuer is final and binding on the Lessor and the

Lessee PROVIDED HOWEVER that the reviewed Annual Rent so determined shall not be less than the amount of Annual Rent payable by the Lessee immediately prior to the Rent Review Date.

(e) The Appointed Valuer shall be deemed to be acting as an exper.t and not as an arbitrator.

(f) The Annual Rent for each year in the Rent Period as reviewed is payable by one annual instalment calculated to the nearest cent provided that, pending agreement or determination as aforesaid, payment is to be made by the Lessee at the rate specified in the Lessor's Notice and thereafter at the agreed or determined rate with an appropriate adjustment to the annual payment further provided that if the Lessor's Notice is given after a Rent Review Date, the difference between the amount specified in the Lessor's Notice and the amount of Annual Rent payable immediately before the Rent Review Date to the date upon which an instalment of Annual Rent is payable next following the giving of the Lessor's Notice is to be paid with that following instalment.

(g) The amount of any difference in Annual Rent between the amount specified in the Lessor's Notice and the amount of Annual Rent agreed or determined to be payable for the period from the relevant Rent Review Date to the date upon which an instalment of Annual Rent is payable next following the date of agreement or determination is to be paid by the Lessee to the Lessor forthwith.

(h) Despite anything to the contrary expressed in or implied by this Lease: (i) time is not of the essence in the giving of the Lessor's Notice; in

particular, the Lessor is not, by reason of its failure to give a Lessor's Notice upon or within any time period after a Rent Review Date, to forfeit its right to have the Annual Rental reviewed as at th_e Review Date;

(ii) time is of the essence for the giving of the Lessee's Dispute Notice and the Implementation by the Lessee.

THE LESSOR AND THE LESSEE AGREE THAT:

DEFAULT BY LESSEE

If during the Term the Lessee makes default in the due performance or observance of any of the Lessee's Covenants and such default is not remedied within 30 days after notice thereof is given by the Lessor or if the Lessee is wound up or ceases to operate then the Lessor may terminate this lease and the rights of the Lessee under this lease provided that if the default is capable of being remedied by the Lessor, then the Lessor may in its discretion itself remedy the default or cause it to be remedied (for which purpose the Lessor by agents, workmen or otherwise has full power to enter upon the Leased Premises) and the costs and expenses incurred by the Lessor in remedying the default or causing it to be remedied are a debt payable by the Lessee to the Lessor on demand.

TERMINATION OF LEASE

The Lessor may terminate this Lease by giving six (6) months' written notice to the Lessee, notwithstanding that the Lessee is not in default and notwithstanding that the term of the Lease has not expired and the Lessee may terminate this Lease by giving six (6) months written notice to the Lessor notwithstanding that the term of the Lease has not expired. Such termination by either party does not waive the rights of the Lessor and/or the Lessee to seek a payment for compensation.

HOLDING OVER

If the Lessee remains in possession of the Leased Premises with the permission of the Lessor after the expiration or sooner determination of the Term the Lessee will hold the Leased Premises as a monthly tenant subject to all the covenants and conditions contained in this Lease as far as they are applicable 'to a monthly tenancy and the tenancy so constituted may be terminated by one month's notice given by either party which notice may be given so as to expire at any time.

ARBITRATION

Any dispute or difference arising between the parties in respect of any of the matters referred to in this Lease shall be referred to arbitration under the provisions of the Commercial Arbitration Act 1985.

NOTICES

Any notice to be served on the Lessee under this Lease is to be served by the Lessor by delivery to the Lessee at the Leased Premises.

SPECIAL TERMS

The Lessor and the Lessee will each comply with and observe and perform their respective obligations under any special term or condition shown at Item 7 of the Schedule hereto.

9

s )

r

1. Lessor:

2. Lessee:

3. Leased Premises:

4. Term o·f Lease:

5. Annual Rent:

The Schedule

Shire of Denmark of South Coast Highway, Denmark WA 6333.

Leslie Hamilton Pinniger f /,J<ZJ.4 /~ o/- lofJ0 '1

Portion of Res e No 20928 and being portion of ~ Location 2 and for the purpose of identification only delineated and ha ed black in the Sketch attached hereto.

10 years commencing on 1 July 2012 and expiring on 30 June 2022

One thousand two hundred dollars and zero cents ($1 ,200.00) per annum as at 1 July 2012. Payable in one instalment by 31 August in each year of the lease.

6. Rent Review Dates: 1 July of each year and any period of holding over.

7. Special Conditions:

7 .1 Areas Adjacent to Premises

(a) Those areas immediately adjacent to, but not in the Premises that, in the opinion of the Lessor have been degraded shall be rehabilitated by the Lessee with endemic species, to the satisfaction of the Lessor and at the expense of the Lessee.

(b) The Lessee shall not use or permit to be used any area adjacent to the premises, without the prior written approval of the Lessor.

, ,

1. Lessor:

2. Lessee:

3. Leased Premises:

4. Term of Lease:

5. Annual Rent :

The Schedule

Shire of Denmark of South Coast Highway, Denmark WA 6333.

Leslie Hamilton Pinniger f /.)ei.4 /~ o,? lor Joy

Portion of Res e No 20928 and being portion of Pl""""~ Location 2 and for the purpose of identification only delineated and ha ed black in the Sketch attached hereto.

10 years commencing on 1 July 2012 and expiring on 30 June 2022

One thousand two hundred dollars and zero cents ($1,200.00) per annum as at 1 July 2012. Payable in one instalment by 31 August in each year of the lease.

6. Rent Review Dates: 1 July of each year and any period of holding over.

7. Special Conditions:

7.1 Areas Adjacent to Premises

(a) Those areas immediately adjacent to, but not in the Premises that, in the opinion of the Lessor have been degraded shall be rehabilitated by the Lessee with endemic species, to the satisfaction of the Lessor and at the expense of the Lessee.

(b) The Lessee shall not use or permit to be used any area adjacent to the premises, without the prior written approval of the Lessor.

ATTESTATION SHEET

arties as a Deed on the

LESSOR SIGNS HERE

The Common Seal of SHIRE OF DENMARK was hereunto affixed in the presence of

Ross Thornton Shire President

LESSEE SIGNS HERE

Les H Pinniger

., : .. ~

) ) ) )

APPROVED FOR TiiE PUPJlOSES CF SECTION 1 OF THE l.ANJ:I ADMINISTRATION At:r 1997 I ~c--

. \::}. . dJ ·l O\'l.

by Order of the Minister For Lands This document is still subject to the registration requirements of the Transfer of Land Act 1893 j '-----·-·-- .

.. ---.

INSTRUCTIONS 1. If insufficient space in any section, Additional Sheet, Form 81 should be

used with appropriate headings. The boxed sections should only contain the words "see page .. ."

2. Additional Sheets shall be numbered consecutively and bound to this document by staples along the left margin prior to execution by the parties.

3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this document and their witnesses.

4. Where issued, the Duplicate Certificate of Title is required to be produced or if held by another party then arrangements must be made for its production.

1. DESCRIPTION OF LAND Lot and Diagram/Plan/Strata/Survey-Strata Plan number or Location name and number to be stated. Extent - Whole, part or balance of the land comprised in the Certificate of Title to be stated. If part, define by recital and/or sketch. The Volume and Folio number to be stated.

2. LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS In this panel show (subject to the next paragraph) those limitations, interests, encumbrances and notifications affecting the land being leased that are recorded on the certificate(s) of title: a) In the Second Schedule; b) If no Second Schedule, that are encumbrances. (Unless to be removed by action 6r document before registration hereof)

Do not show any: (a) Easement Benefits or Restrictive/Covenant Benefits; or (b) Subsidiary interests or changes affecting a limitation, etc, that is to be entered in the panel (eg, if a mortgage is shown, do not show any partial discharges or any document affecting either). The documents shown are to be identified by nature and number. The plan/diagram encumbrances shown are to be identified by nature and relevant plan/diagram. Strata/survey-strata plan encumbrances are to be described as "Interests on strata/survey-strata plan". If none show "nil".

3. LESSOR State the full name of the Lessor/Lessors (REGISTERED PROPRIETOR) as shown in certificate of title and the address/addresses to which future notices can be sent.

4. LESSEE State full name of the Lessee/Lessees and the address/addresses to which future notices can be sent. If two or more state tenancy e.g. Joint Tenants, Tenants In Common. If Tenants in Common specify shares.

5. TERM OF LEASE Must exceed 3 years. Term to be stated in years, months and days or as the case may be. Commencement date to be stated. Options to renew to be shown.

1!. RECITE ANY EASEMENTS TO BE CREATED Here set forth any Easements to be created as appurtenant to the lease commencing with the words "together with" and/or any Reservations hereby created encumbering the lease commencing with the words "reserving to".

7. State amount of yearly rental in figures,

8. State term of payment.

9. Insert any Covenants required.

10. LESSOR/LESSEE EXECUTION A separate attestation is required for every person signing this document. Each signature should be separately witnessed by an Adult Person. The address and occupation of the witness must be stated.

EXAMINED

OFFICE USE ONLY

LEASE OF CROWN LAND (L)

LODGED BY: SHIRE OF DENMARK

ADDRESS

PHONE No.

FAX No.

REFERENCE No.

ISSUING BOX No.

PREPARED BY: SHIRE OF DENMARK

ADDRESS

PHONE No. FAX No.

INSTRUCT IF ANY D0CUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.

A It\ 20928 RECREATION AND CAMPING

I ( \ \

r I