Invitation for Proposals to Purchase Quarry Material...Version 25 May 2015 Forest Products, Department of Agriculture and Fisheries INVITATION FOR PROPOSALS TO PURCHASE QUARRY MATERIAL

Version 25 May 2015 Forest Products, Department of Agriculture and Fisheries

INVITATION

FOR

PROPOSALS TO PURCHASE

QUARRY MATERIAL

from part of

Lot 7 on Plan CNS295

Also known as Luxor Quarry

within the

Isaac Regional Council Area

in the

North Forest Management Area

Closing 11.00am on Monday 13 March 2017

Sale 01/2017 North

Version 25 May 2015 Forest Products, Department of Agriculture and Fisheries

Invitation for Proposal to Purchase

Quarry Material

from part of Lot 7 on Plan CNS295

within the Isaac Regional Council Area

in the North Forest Management Area

The State of Queensland, through the Department of Agriculture and Fisheries, (‘the State’) is proposing to sell All Available Quarry Material from the Supply Zone.

Proponents are invited to submit a Proposal to Purchase this Quarry Material from the Supply Zone.

This Invitation provides information about the Quarry Material in the Supply Zone, the area over which the sale will apply and operational requirements, including access road maintenance applicable under any resulting Sales Permit.

The Sales Permit will not convey any rights to further sales of State-owned Quarry Material additional to that specified in the Sales Permit.

Sale 01/2017 North

Forest Products, Department of Agriculture and Fisheries

CONTENTS

Section 1: Invitation Overview

Section 2: Invitation Timeline

Section 3: How to Apply

Section 4: Evaluation of Proposals to Purchase

Section 5: Requirements of the Sales Permit

Section 6: Definitions

Appendix 1 Supply Zone Map

Appendix 2 Assessment Criteria

Appendix 3 Draft Sales Permit

Appendix 4 Proposal to Purchase Form

Sale 01/2017 North


SECTION 1 – INVITATION OVERVIEW

General

Proponents are invited to nominate the standards of the Quarry Material that they are interested in removing from the Supply Zone and offer a fixed value per tonne for the Quarry Material proposed to be taken from the Supply Zone.

It is intended that as a result of this Invitation, the State, at its discretion, may grant a Sales Permit to a Proponent to Get All Available Quarry Material for a period of ten (10) years. However, the State reserves the right to refuse to extend or vary a Sales Permit.

This Invitation is not to be construed as an offer for the sale of Quarry Material. Nothing in this Invitation is to be construed as to give rise to any legal or equitable relationship, express or implied.

While the State has taken all care in preparing this Invitation and assessing the available data and other resource information available, the State will not be liable in any way:

(a) for any errors, omissions or variations to, information in this Invitation or supplied to a Proponent; or

(b) for not advising a Proponent of any errors, omissions or variations to information in this Invitation or supplied to a Proponent.

Any correspondence or communication with the Successful Proponent does not constitute an offer and agreement binding contract will not be in place until such time as a Sales Permit is signed by both the State and the Proponent.

This Invitation sets out the requirements of the Proposal to Purchase procedure for Quarry Material. Proponents who intend to submit a Proposal or who are seeking further information are encouraged to contact Forest Products DAF through the Contact Officer (see section 3.5 of this Invitation).

The Successful Proponent will be required to enter into a legally binding Sales Permit with the Department of Agriculture and Fisheries to gain access to the Quarry Material, as well as obtain a range of other approvals prior to commencing operations under the Sales Permit.

This Invitation, the Proposal to Purchase and the Sales Permit do not imply or provide:

(a) a right to exclusive entry or occupation of the Supply Zone; or

(b) rights to the Quarry Material in the Supply Zone.

The State may cancel or vary this Invitation and selection process at any time, whether before, on or after the closing date.

The State will advise Proponents of any errors, omissions or variations to the information in this Invitation or otherwise supplied to a Proponent, if or when the State becomes aware of any such errors, omissions or variations.

Policy

Forest Products DAF is a business unit within the Department of Agriculture and Fisheries with responsibility to market State-owned Forest Products and Quarry Material under the provisions of the Forestry Act 1959 according to commercial principles and in an environmentally and socially responsible manner.

The proposed sale of Quarry Material to which this Invitation relates will be managed to ensure the State receives a fair return commensurate with the market value of the Quarry Material removed from the Supply Zone.

Sale 01/2017 North


The proposed sale will be conditioned to ensure that the Successful Proponent conducts the quarrying operations in an environmentally responsible manner, using safe work practices and in compliance with Commonwealth, State and local laws.

Past Quarrying Operations at the Luxor Quarry

The quarry operations at the Luxor Quarry were initiated when Sale Permit 132091 was issued on 02 September 1991.

Sales Permit 132091 was surrendered in April 2016. Over 1.4 million tonne of quarry material has been removed from the site since operations commenced.

The quarry has operated under various previous and current approvals issued under the Environmental Protection Act 1994 (EPA) since 2001. The current environmental approval is suspended.

Initial operation of the quarry pre-dates the introduction of planning legislation. Although pre-existing in regard to planning legislation, a Development Approval was attached to a previous EPA Registration Certificate as early as 2009, if not earlier. The requirement for a Development Approval is a matter for the relevant local government to determine.

SECTION 2 – INVITATION TIMELINE

The following table provides key dates for this Invitation for Proposal to Purchase, including the closing date for the submission of a Proposal to Purchase, which must be received by post, courier or hand delivery. Applications sent by fax or email will not be accepted.

Stage One: Application Period

2/2/2017

Investigation and planning

Ensure that you have the latest version of project information

and documentation. Check for changes closer to the closing

date.

Carefully study this Invitation for Proposals to Purchase and

subsequently provided material, if any, and make inquiries

as appropriate.

Prepare application

Prepare and submit your Proposal to Purchase in

accordance with the Application Form and this Invitation for

Proposal to Purchase.

For further information, including contacts and where to source

downloadable documents, please refer to Section 3 of this Invitation.

22/2/2017 On-site inspection Forest Products DAF will hold one coordinated on-site

inspection of the Supply Zone for interested parties on

22/2/2017. No other access to the Supply Zone is permitted.

Interested parties must contact the Contact Officer by

20/2/2017 to advise of their interest in attending this on-site

inspection and the confirm arrangements for this on-site

inspection.

13/03/2017 Closing date for Proposals to Purchase

Sale 01/2017 North


Proposals to Purchase must be received by Forest Products

DAF, by mail, courier or in person, by 11:00 am on 13 March

2017. Please refer to Section 3 for more details.

Stage Two: Assessment Period

Normally within 6

weeks of the

closing date for

submission of

Proposals to

Purchase

Assessment Period

Over this period, Forest Products DAF will:

Convene a panel to assess Proposals to Purchase received

by the closing date.

Forward recommendations to delegate, who will approve the

preferred proposal/s, if any.

Advise all Proponents of the outcome of assessment by

mail.

Stage Three: Sales Permits

Normally within 8

weeks of the

closing date for

submission of

Proposals to

Purchase

Entering into a Sales Permit

The Successful Proponent will enter into a Sales Permit with Forest

Products DAF, subject to the completion of any pre-commencement

conditions stipulated by Forest Products DAF.

A sample of a Sales Permit is provided at Appendix 3 of this

Invitation. The Sales Permit is not subject to negotiation.

A Sales Permit will be issued for a period of ten (10 years).

Forest Products DAF reserves the right to alter the above dates throughout the Invitation Process should the need arise.

SECTION 3 – HOW TO APPLY

3.1 The Application Process

Before a Proponent can be considered for a Sales Permit, a Proponent must submit a Proposal to Purchase. The Proposal to Purchase Form is attached as Appendix 4 of this Invitation. An electronic copy of the Proposal to Purchase form may be downloaded from the DAF website www.daf.qld.gov.au

Three (3) copies of a Proposal to Purchase Form must be enclosed in a sealed package endorsed on the outer cover with:

Sale 01/2017 north

Proposal to Purchase quarry material from part of Lot 7 on Plan CNS295

This package must be enclosed in an outer envelope / package addressed and received as set out below, before the closing date and time:

delivered to:

Manager Quarry Production North FMA Forest Products Department of Agriculture and Fisheries

25 Yeppoon Road Parkhurst Qld 4702

or posted to:

http://www.daf.qld.gov.au/

Sale 01/2017 North


Manager Quarry Production North FMA Forest Products Department of Agriculture and Fisheries

PO Box 6014 Red Hill Rockhampton Qld 4701

This package will not be opened for examination before the closing date and time.

A Proposal to Purchase not received by the specified closing date and time will be considered at the State’s sole discretion.

Applications cannot be submitted by email, telephone, telegraph, fax or other electronic media, but must be delivered by post, in person or by courier.

The Proposal must be submitted in the following format:

using the attached Proposal to Purchase Form (with any supporting documents)

address all of the points in the Proposal to Purchase Form

submit as much supporting information as possible to assist Forest Products DAF in understanding and assessing the Proposal to Purchase.

Forest Products DAF reserves the right to request further information or to reject a Proposal to Purchase due to lack of supporting information.

If a joint venture/partnership or other like body is involved in the Proposal to Purchase, the Proponent should nominate a person as the appropriate contact in relation to the Proposal to Purchase.

Failure to comply with all or any of the requirements of this Invitation may result in a Proposal to Purchase being considered non-conforming. The State may for any reason and at any stage during the Invitation Process, decline to consider a non-conforming Proposal to Purchase.

3.2 Compensation

No Proponent shall be entitled to claim compensation or loss from the State for any matter arising out of this Invitation for Proposal to Purchase.

3.3 Confidentiality

A Proposal to Purchase and any associated documents lodged with the State will be treated as “Commercial in Confidence” and will not be disclosed to a third party except:

to professional advisors to the State;

to Government Departments with a role in allocating resources, land use or monitoring of performance against environmental standards;

as required by law; or

when agreed to by the Proponent.

The State may disclose publicly the name of the Successful Proponent, the type of Quarry Material products to be produced and the location/nature of the quarry.

3.4 Assessment Criteria

In assessing each Proposal to Purchase, and without limiting the discretion of the State, consideration will be given to those Proposals to Purchase that meet the Assessment Criteria provided in Appendix 2. Included under each Assessment Criterion is the relative weighting allocated to it and the information from the Proposal to Purchase that will assist in the assessment under that criterion.

Sale 01/2017 North


A Proponent must address each of the assessment criteria as part of their Proposal to Purchase, the form for which is available at Appendix 4 to this Proposal.

A Proposal to Purchase at variance with the intentions and specifications set out in this Invitation may be considered, however, a Proposal to Purchase meeting the stated requirements and intentions will be preferred.

Failure to complete the Proposal to Purchase Form in Appendix 4 fully or provide all information sought thereon may result in rejection of a Proposal to Purchase.

A Proponent seeking variations must attach to their Proposal to Purchase details of the variations being sought. The nature of any variations sought will be taken into account in the assessment of the relative merits of different Proposals to Purchase. Where Proposals to Purchase are assessed as being of equal merit, the Proposal to Purchase meeting the stated requirements and intentions will be preferred. Note however that the draft Sales Permit provided in Appendix 3 is not subject to negotiation.

The State reserves the right to enter into post-Proposal negotiations with one or more Proponents.

Any amendment to the Proposal to Purchase occurring as a result of post-Proposal negotiations or as a result of a request for further information or clarification between the parties, which is documented in writing, will form part of the Proposal to Purchase.

If the State elects to accept a Proposal to Purchase, the State will issue a conditional acceptance letter to the Successful Proponent, however a binding contract will not come into existence until both parties have signed a Sales Permit.

3.5 Contact Officer

Any Proponent seeking information not contained in this Invitation should contact the Contact Officer:

Mr Dave Jardine

Senior Project Officer (Quarry Development) Phone 07 4091 8118 Mobile 0427 000 171 E-mail [email protected]

SECTION 4 – EVALUATION OF PROPOSALS TO PURCHASE

4.1 Evaluation Process

The evaluation process will initially involve an assessment of conforming Proposals to Purchase and any non-conforming Proposals to Purchase the State may choose to consider, against the Assessment Criteria as specified in Appendix 2.

The State will appoint a panel to evaluate the received Proposals to Purchase against the Assessment Criteria as specified in Appendix 2. The panel will determine which, if any, of the received Proposals to Purchase are potentially acceptable to the State and will assess, score and rank each of the acceptable Proposals to Purchase.

As part of their evaluation, and after consultation with the appointed probity advisor for this Invitation for Proposals to Purchase, the panel may need to seek clarification and / or additional information from some or all of the Proponents in regard to aspects of their submitted Proposals to Purchase.

The panel will recommend to the State’s delegate which, if any, of the received Proposals to Purchase is acceptable and which is considered the best received Proposals to Purchase.

mailto:[email protected]

Sale 01/2017 North


The State’s delegate will consider the panel’s recommendation and its supporting documentation and may either approve the recommendation or ask the panel for additional evaluation and/or information before reconsidering either the initial recommendation or a revised recommendation.

Every person must declare in writing they have no conflict of interest with each of the Proponents who has submitted a proposal to Purchase before they are provided with a copy of each received Proposal to Purchase or extracts from any received Proposal to Purchase.

4.2 Feedback

Following completion of this Invitation for Proposal to Purchase, unsuccessful and Successful Proponents may request the opportunity for a “debrief” meeting, within one month of advice of the outcome of this invitation, with Forest Products DAF.

Feedback provided to a Proponent by Forest Products DAF will not include specific details relating to any scoring process used in the assessment of the Proposals to Purchase nor any commercially sensitive information relating to other Proponents.

SECTION 5 – REQUIREMENTS OF THE SALES PERMIT

5.1 General

The Successful Proponent will, subject to the fulfilment of additional conditions (if any), be offered a Sales Permit by Forest Products DAF for the Getting of Quarry Material, including the purchase, extraction and processing of the Quarry Material in the Supply Zone, shown in Appendix 1.

Any correspondence or communication with the Successful Proponent does not constitute a binding contract until such time as a Sales Permit is signed by both the State and the Successful Proponent.

A sample of a Sales Permit is provided at Appendix 4 of this Invitation. The final Sales Permit will not be subject to negotiation. A Sales Permit will be issued for a period of ten (10 years).

The State reserves the right to sell or otherwise dispose of any Quarry Material within the Supply Zone not required for the purpose of the Sales Permit.

5.2 Quarry Material

The proposed Supply Zone falls fully within the Luxor Key Resource Area (KRA 123) under the State Planning Policy Guideline – State interest- mining and extractive resources April 2016.

Where the quantity of Quarry Material available proves to be less than the Proponent determined, additional resources will not be made available. All Quarry Material remaining in the Supply Zone at the expiration or termination of a Sales Permit, whether in situ, extracted, and/or extracted and processed, will, if not paid for and/or not removed within the specified time period, remain the property of the State and, if paid for, will be deemed to be forfeited to the State.

It is the Proponent’s responsibility to satisfy themselves in respect of type, quantity, quality of Quarry Material on the Supply Zone, and access to, from and within the Supply Zone.

The State does not give any warranty in respect of the type, quantity, quality or access to the Quarry Material the subject of this Invitation, and a Proponent and the Successful Proponent will bear the sole risk in this regard.

The Proponent must specify in detail the product grades and/or types of Quarry Material to be removed from the Supply Zone.

Sale 01/2017 North


5.3 Commencement of Quarrying Operations

Quarrying operations will not be permitted to commence until such time as all the pre-commencement conditions in the Sales Permit are complied with. In particular, the Proponent’s attention is drawn to the requirement for Development Approval and the financial clauses of the draft Sales Permit, specifying that the State will not permit the Getting or removal of Quarry Material from the Supply Zone on an unsecured credit basis.

Subject to the Successful Proponent’s compliance with the terms and conditions of the Sales Permit, rights to Quarry Material under the Sales Permit will commence on the date the Sales Permit is signed by the parties and will continue subject to satisfactory performance and compliance with the terms and conditions of the Sales Permit.

5.4 Pre-commencement Conditions

5.4.1 Development Approval

Prior to quarrying and associated operations commencing on the Supply Zone, Development Approval under the Sustainable Planning Act 2009 is required, unless the Successful Proponent can produce written evidence from the relevant Local Authority to the contrary that Development Approval is not required. Gaining Development Approval prior to the commencement of quarrying operations under the Sales Permit is the Successful Proponent’s sole responsibility.

Development Approval must be completed within one year of the Successful Proponent being issued the Sales Permit, otherwise the State may terminate the Sales Permit.

Provided the Sales Permit issued as a result of this Invitation is signed by both parties and the application for Development Approval is consistent with the Sales Permit, the State may provide the Successful Proponent with the required owner’s consent for lodgement of the application for Development Approval.

5.4.2 Cover of Account

The Successful Proponent will be required to establish an unconditional appropriately worded bank guarantee as Cover of Account to ensure payment of all monies owing under the Sales Permit including that required for any rehabilitation or other work undertaken on the Proponent’s behalf by the State.

The Cover of Account is generally estimated by the State by the addition of two amounts:

(a) an amount calculated by dividing the value of the nominated annual removals by 12 and multiplying the result by 3 (i.e. the royalty value of the estimated quantity of Quarry Material proposed to be removed every 3 months); plus

(b) an estimated amount to cover the costs involved with rectification of any damage or breach of the Sales Permit.

5.4.3 Terrain Survey

The successful proponent must engage a Registered Surveyor to complete a Terrain Survey of the Operational Area or the Supply Zone (as directed by the Chief Executive), prior to the commencement of Quarrying Operations. The results of this survey must be supplied to the Chief Executive, and must include details of:

(a) the estimated quantity of available Quarry Material on the surveyed area in Cubic Metres and Tonnes; and

(b) the contours, at not more than one (1) metre intervals, of the surveyed area, on the Survey Map; and

(c) the boundaries of the surveyed area on the Survey Map, how these are permanently marked on the ground and the location of the Access Road/s on the Survey Map.

Sale 01/2017 North


5.4.4 Quarry Operations Plan

The Successful Proponent will be required to prepare a Quarry Operations Plan for endorsement by the State and, following endorsement, develop the quarry in accordance with this endorsed Quarry Operations Plan and the Development Approval.

The Quarry Operations Plan must as a minimum, if not addressed in any other approval required for the operation of a quarry under this Sales Permit, address:

Sales Permit number

Quarry name

Permittee’s details (as per the Sales Permit)

General description of location of the quarry (with Lot on Plan)

General description of quarrying operation

Site Map

Supply Zone boundary

GPS co-ordinates and marking arrangements for the corners of the Supply Zone

location of infrastructure (fixed plant, gate, fence, dam) layout; pipelines, electricity,

etc

access road construction, maintenance and associated fencing maintenance

buffers/ exclusion areas

stockpile areas

drainage

fencing/gate/grid requirements and maintenance

operational working

Work Plan – current and proposed order of workings

Direction, nature and extent of workings

Extraction plan

Management of overland water flow

Rehabilitation including topsoil management, site stability, timeframes for progressive

rehabilitation, final land form design, etc

Signage (i.e. control of public access)

Adjacent land use considerations

Processes to manage / minimise impacts of operations on existing sensitive

receptors

Landholder considerations (stock movement, noise, dust, blasting notification,

fencing)

Signature block as both parties are to sign and date Quarry Operations Plan to confirm their agreement to the Quarry Operations Plan.

5.4.5 Quarrying Operations

A Proponent should nominate the grades of Quarry Material that they wish to Get from the Supply Zone.

A Proponent must describe in detail in their Proposal to Purchase Form:

the specifications of the products they wish to Get and remove.

the annual quantity in tonnes of each grade of Quarry Material they propose to Get and

remove.

Depending upon the number of nominated output grades and the degrees of separation between grades, the State may require from a Proponent, before a decision on the Successful Proponent is made, samples and/or photographs of each proposed end product to assist in

Sale 01/2017 North


the State’s assessment of the Proposal to Purchase and/or to use as a reference base for determining the grade of on-site processed Quarry Material.

All Quarry Material Got and removed from the Supply Zone must be measured by weight in tonnes.

The preferred measurement method is by certified weighbridge or Scale Equipped Loader, provided they are certified annually, a competent person is available to operate them and they are fitted with an automatic printout device.

Where necessary, blasting by a suitably qualified individual is permitted.

The State may at any time enter the Supply Zone and the quarry in particular to inspect, survey, measure and ascertain the quantity of Quarry Material which has been extracted and the manner of working, and extracting the same.

No effluent or waste shall be discharged into a watercourse and operations shall be so constructed as to not cause any deterioration to any watercourse or cause injury, loss or damage to persons, stock or other property.

The Successful Proponent must, immediately upon cessation of quarrying operations and/or testing of an area, provided that no further quarrying operations or associated works have been agreed between the State and the Successful Proponent, commence rehabilitation of the disturbed area.

It should be noted that the Successful Proponent will be required to provide the necessary traffic or public control measures required to ensure the safety of employees and visitors to and within the Supply Zone.

5.5 Costs

The Successful Proponent is responsible for expenses associated with:

constructing, erecting and maintaining all structures and plant necessary for the Getting, processing and removal of the Quarry Material the subject of the Sales Permit;

constructing and maintaining all structures required by the Quarry Operations Plan;

permanently marking the boundary of the Supply Zone and the construction of any fencing/barriers required by the Quarry Operations Plan;

constructing and maintaining the access road, and associated fencing of the access road, to the Supply Zone from the public road network;

progressively rehabilitating each disturbed area; and

all other actions required by the Quarry Operations Plan.

5.6 GST

The Successful Proponent must pay to the State the agreed Value plus GST.

5.7 Obligations under Legislation

The Successful Proponent must abide by all relevant Acts and Regulations and all local authority by–laws and regulations, including but not limited to:

Forestry Act 1959;

Environmental Protection Act 1994;

Work Health and Safety Act 2011;

Mining and Quarrying Safety and Health Act 1999;

Sustainable Planning Act 2009;

Aboriginal Cultural Heritage Act 2003; and

Sale 01/2017 North


Environmental Protection and Biodiversity Conservation 1999 Act (Cth)

Environment

The Successful Proponent must comply with any requirements of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Prior to the commencement of quarrying operations under the Sales Permit issued as a result of this Invitation, the Successful Proponent must have or obtain the necessary Development Approval as required under the Sustainable Planning Act 2009 or the State Development and Public Works Organisation Act 1971 (as applicable) and environmental authorities as required under the Environmental Protection Act 1994 and any other relevant licence, authority or permit

No clearing of any vegetation is to occur within the Supply Zone unless it is specifically documented and approved under the Quarry Operations Plan by the State.

Work Health and Safety

The Successful Proponent will be required to meet their obligations, as applicable to their quarrying operations, under the Mining and Quarrying Safety and Health Act 1999 (Qld), Work Health and Safety Act 2011 (Qld) and associated Regulations.

Additionally, a Proponent should note that, subject to specific operational requirements, the Sales Permit granted as a result of this Invitation will contain safety conditions, including any amendments to safety conditions as advised by the State from time to time.

5.8 Additional Requirements

Access

In consideration of the range of interests over the areas within and adjoining the Supply Zone, Forest Products DAF intends to continue to utilise the current access over Lot 59 on Plan SP235297 under the provisions of the Forestry Act 1959, for general access to; and transport of; State-owned quarry material to and from the Supply Zone.

Maintenance of the existing road network, including associated fencing, will be the responsibility of the Successful Proponent as part of the operational works, and will form part of the Quarry Operations Plan.

Attention is drawn to the requirements of the Transport Infrastructure Act 1994 and Regulations and the Transport Operations (Road Use Management) Act 1995 and Regulations.

Any proposed activity and associated operations of the Successful Proponent, within and outside of the Supply Zone, must be able to be undertaken with minimal adverse impact on any surrounding activities and dwellings which may be found on the land the subject of this Invitation.

Plans and specifications for all civil and site works to be constructed on the Supply Zone pursuant to the issue of a Sales Permit must be submitted by the Successful Proponent to and approved by the local authority prior to any development works being commenced.

Native Title

A Native Title assessment has been conducted and Native Title rights over the Supply Zone are deemed to be extinguished.

If, during the term of the Sales Permit, there is a finding of exclusive native title over the Supply Zone, the Sales Permit will be terminated.

The Contact Officer can provide further information on addressing native title.

Insurance

Sale 01/2017 North


Evidence of current public liability and worker’s compensation insurance must be provided by the Successful Proponent to Forest Products DAF upon request, before or during the term of the Sales Permit. All insurances must be current for the term of the Sales Permit.

Public Liability Insurance

The requirement for the Successful Proponent to take out and maintain public liability insurance is an important feature of the State’s commitment and responsibility to the safety of workers and members of the general public.

Prior to the commencement of operations under a Sales Permit, the Successful Proponent must take out and maintain an appropriate public liability insurance policy applicable to the operations to be performed under a Sales Permit.

The Insurance Policy must be for an amount not less than twenty (20) million dollars ($20,000,000.00) (or such other amount as may reasonably be required by the State and notified from time to time).

Worker’s Compensation Insurance

There is a requirement for the Successful Proponent to have current worker’s compensation insurance.

Sale 01/2017 North


SECTION 6 – DEFINITIONS

Aboriginal Cultural Heritage has the same meaning as defined in the Aboriginal Cultural Heritage Act 2003.

Act means the Forestry Act 1959.

All Available means all the Quarry Material available within the Supply Zone that may be extracted in compliance with the Sales Permit, which includes the Quarry Operations Plan, and the Development Approval.

Assessment Criteria means the Assessment Criteria for this Invitation specified in Appendix 2.

Chief Executive means the Chief Executive or an appropriately delegated officer of the public sector unit that administers that part of the Act that deals with the commercial sale of Quarry Material.

Commencement Date means the commencement date of the Sales Permit.

Contact Officer means the State’s officer nominated in this Invitation.

Cover of Account has the same meaning as defined in Schedule 1 of the draft Sales Permit, which is provided in Appendix 3.

Development Approval has the same meaning as defined in Schedule 1 of the draft Sales permit, which is provided in Appendix 3.

Forest Products has the same meaning as defined in the Act.

Forest Products DAF means the means the State of Queensland as represented by the Department of Agriculture and Fisheries (ABN 66 934 348 189).

Get has the same meaning as defined in the Act.

Invitation means this Invitation for Proposals to Purchase document and includes any attachment, schedule, annexure attached to or provided as part of it.

Invitation Process means the process of inviting Proposals, the Proponents’ preparation and submission of a Proposal, communication between the Parties in relation to the Invitation and/or Proposal to Purchase, evaluation of Proposals, and the subsequent acceptance or rejection of Proposals.

Minimum Annual Sale Quantity means the minimum quantity of Quarry Material that a Permittee shall be obliged to take each Year under the Sales Permit.

Permittee means the holder of a Sales Permit.

Proponent means an entity who submits a Proposal to Purchase within the terms of this Invitation.

Proposal to Purchase means the Proposal to Purchase submitted in response and subject to this Invitation, including any attachment, form, schedule or appendix attached to it.

Proposal to Purchase Form means the prescribed Proposal to Purchase Form provided in Appendix 4 of this Invitation that must be completed and submitted by a Proponent, as part of their Proposal to Purchase lodged in response to this Invitation.

Quarry Operations Plan means the plan required under clause 27 of the draft Sales Permit, which is provided in Appendix 3.

Quarry Material has the same meaning as defined in the Act, but specifically excludes topsoil as defined in the Act.

Sales Permit means a fully signed Sales Permit for the Getting of Quarry Material granted under the Act as a result of this Invitation, subject, where applicable, to compliance with the Native Title Act 1993 (Cth), and includes related terms and conditions, and any attachment, form, schedule or annexure or appendix attached to it and the Quarry Operations Plan.

Sale 01/2017 North


Sale Quantity means All Available Quarry Material irrespective of the grade or type of the Quarry Material, or such quantity as amended by the State under a Sales Permit from time to time.

State means the State of Queensland as represented by the public sector unit that administers that part of the Act that deals with the commercial sale of Quarry Material, which at the time of this Invitation is the Department of Agriculture and Fisheries.

Successful Proponent means the Proponent, who as a result of this Invitation process, is offered the Sales Permit available through this Invitation.

Supply Zone means the specified part of Lot 7 on Plan CNS295 in the Isaac Regional Council area which is also known as Luxor Quarry on Luxor Holding, as is shown on the map in Appendix 1.

Value means the amount payable by the Permittee for each unit of Quarry Material Got under a Sales Permit, exclusive of the Goods and Services Tax.

Year means a financial year commencing on 1 July and ending on 30 June the following year.

Sale 01/2017 North


APPENDIX 1 – MAP OF THE SUPPLY ZONE

Sale 01/2017 North


APPENDIX 2 – ASSESSMENT CRITERIA

Assessment Criterion 1 (weighting 40%)

Demonstrated

capacity to

establish and

commercially

operate a large-

scale quarry

within the Supply

Zone

Provision of documented evidence to demonstrate a Proponent’s

required technical, financial, management and professional

experience, ability, capacity and commitment to:

a) successfully obtain, within the specified one(1) year

timeframe, all required Development Approvals and other

approvals, permits and plans to establish and operate their

proposed quarry within the Supply Zone;

b) operate the proposed quarry within required cultural heritage,

environmental and operational guidelines;

c) successfully operate a commercially viable quarry;

d) conduct quarrying and associated operations to minimise

impacts, including dust and noise impacts, on surrounding

land uses and on neighbouring properties; and

e) foster a positive working relationship with the respective

lessee of Lot 7 on Plan CNS295 and Lot 59 on Plan

SP235297, which are leases issued under the Land Act

1994.


Demonstrated

markets for

appropriate and

complete

utilisation of the

quarry material

available within

the Supply Zone

Provision of documented evidence to demonstrate that a Proponent:

a) will use the available Quarry Material to its maximum

potential within proposed timeframes. A Proponent must

describe the grade specifications of the product/s that they

propose to Get and remove from the Supply Zone. The

specifications for these grades are at the Proponent’s

discretion and may be broad or narrow;

b) has current and/or anticipated regional and other end use

markets and/or other commercial outlets for the quarry

products proposed to be produced from the proposed quarry

within the Supply Zone; and

c) will ensure the full and complete utilisation of the available

Quarry Material in the Supply Zone.


Offers the best

overall

commercial return

to the State

A Proponent’s proposed quarrying operations in the Supply Zone:

a) will provide the best overall commercial return to the State

taking into account the value offered for the Quarry Material,

the projected and minimum levels of removals, and other

evidence or factors impacting on commercial returns and

efficiencies for Forest Products DAF; and

b) will comply with the terms and conditions of the draft Sales

Permit provided in Appendix 4.

A Proponent is advised that no variations to the draft Sales Permit

will be considered by the Chief Executive.

Sale 01/2017 North


APPENDIX 3 – DRAFT SALES PERMIT

Note:

A Proponent is advised that no variations to the draft Sales Permit will be considered by the Chief Executive.

Any correspondence or communication with the Successful Proponent does not constitute a binding contract until such time as a Sales Permit is signed by both the State and the Successful Proponent.

Sale 01/2017 North


Invitation for Proposals to Purchase Quarry Material...Version 25 May 2015 Forest Products, Department of Agriculture and Fisheries INVITATION FOR PROPOSALS TO PURCHASE QUARRY MATERIAL

Documents