Golden Grove (Indenture Ratification) Act 1984 (SA)

South Australia Golden Grove (Indenture Ratification) Act 1984 An Act to ratify and approve a certain indenture between the State of South Australia, Delfin Property Group Limited and the South Australian Urban Land Trust; and for other purposes. Contents 1 Short title 3 Interpretation 4 Crown bound 5 Ratification of Indenture 7 Modification of law to give effect to Indenture Schedule Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Golden Grove (Indenture Ratification) Act 1984. 3—Interpretation (1) In this Act— the Indenture means the Golden Grove Indenture (including the Schedules of the Indenture) a copy of which is set out in the Schedule to this Act and includes the Indenture as varied, amended or replaced from time to time. (2) Where an expression used in this Act is defined in the Indenture, that expression has, unless the contrary intention appears, the same meaning as in the Indenture. 4—Crown bound This Act and the Indenture bind the Crown. 5—Ratification of Indenture (1) The Indenture is ratified and approved. (2) The implementation of the Indenture is authorised and the Government of the State, the Ministers and other instrumentalities of the Crown and Government of the State, and all statutory bodies and authorities (including local authorities) are authorised, empowered and required to do all things necessary or expedient to carry out, and give full effect to, the Indenture. (3) No person shall do or omit to do anything that frustrates, hinders, interferes with or derogates from the operation or implementation of the Indenture, or any aspect of the Indenture, or the ability of the parties to the Indenture or any other person to exercise rights, or discharge duties or obligations, under the Indenture. 7—Modification of law to give effect to Indenture (1) The law of the State is so far modified as is necessary to give full effect to the Indenture and the provisions of any law of the State shall accordingly be construed subject to the modifications that take effect under this Act. (2) Without limiting the generality of subsection (1)— (a) the Planning Act 1982 and the Real Property Act 1886 shall be construed subject to the provisions of the Indenture relating to the development, division and use of land and, to the extent of any inconsistency between the provisions of either of those Acts and of the Indenture, the provisions of the Indenture shall prevail; (b) the Public Works Standing Committee Act 1927 shall be construed subject to the provisions of Division 7 of the Indenture and, to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (c) the Local Government Act 1934 shall be construed subject to Division 9 and any other provisions of the Indenture relating to local government and, to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (d) the Roads (Opening and Closing) Act 1932 shall be construed subject to the provisions of Division 12 of the Indenture and, to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (e) the Mining Act 1971 shall be construed subject to the provisions of Division 13 of the Indenture and, to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail; (f) the Arbitration Act 1891 shall be construed subject to the provisions of Division 16 of the Indenture and, to the extent of any inconsistency between the provisions of that Act and of the Indenture, the provisions of the Indenture shall prevail. Schedule GOLDEN GROVE INDENTURE THIS INDENTURE made the 30th day of October 1984 BETWEEN: THE STATE OF SOUTH AUSTRALIA (hereinafter referred to as "the State") of the first part and DELFIN PROPERTY GROUP LIMITED a company incorporated under the provisions of the Companies (NSW) Code and having its registered office in the State at 65 Greenhill Road, Wayville in the said State (hereinafter referred to as "Delfin") of the second part and the SOUTH AUSTRALIAN URBAN LAND TRUST a body corporate pursuant to the provisions of the Urban Land Trust Act, 1981, (hereinafter referred to as "SAULT") of the third part. WHEREAS: (A) The State is desirous of encouraging the development of land for the general benefit of its residents. (B) SAULT is possessed of an estate in fee simple in land generally located in an area of the State known as Golden Grove such land being held for and on behalf of the Crown by virtue of subsection (2)(e) of section 6 of the Urban Land Trust Act, 1981. (C) Delfin is an experienced land developer. (D) SAULT and Delfin have by an instrument of even date entered into a Joint Venture Agreement for the purposes of developing the land owned by SAULT or hereinafter acquired by SAULT pursuant to such Joint Venture Agreement. DIVISION 1—DEFINED TERMS 1.1 This Indenture as the same may be varied or replaced from time to time shall be known as "The Golden Grove Indenture" and is referred to herein as "this Indenture". 1.2 In this Indenture and in the Schedules hereto except where terms and expressions are expressly defined hereunder the Acts Interpretation Act of the State shall apply to the construction and interpretation of this Indenture as if this Indenture were an Act and in this Indenture unless in the context by express words or necessary implication a contrary intention appears: "arterial road" means unless otherwise agreed between the Joint Venturers and the Commissioner of Highways a road comprising a vehicle carriage way contained within a road reserve at least 25 metres in width consisting of a vehicle carriage way with at least two travel lanes in each direction with a dividing strip separating the lanes for one direction of travel from the lanes for the other direction. "collector road" means a road comprising a vehicle carriage way and pedestrian walkway contained within a road reserve greater than 15 metres in width but less than 25 metres in width consisting of a vehicle carriage way more than 8.5 metres in width and a pedestrian walkway on either side of the vehicle carriage way. "the Commencement Date" means the date upon which the Golden Grove (Indenture Ratification) Bill, 1984, (hereinafter defined) comes into operation as an Act (and when hereinafter appearing the expression "the Ratifying Act" means the Golden Grove (Indenture Ratification) Bill, 1984, when it comes into operation as an Act). "Commission" means the South Australian Planning Commission constituted under the Planning Act, 1982. "Council" means the Corporation of the City of Tea Tree Gully or any successor thereto or any other Corporation as the Local Government body responsible for the Development Area. "the Development Area" means the area contained within and bounded by a line on the plan set out in the First Schedule to this Indenture and hatchured and more particularly described in the Second Schedule to this Indenture as may be varied from time to time by proclamation of the Governor. "ETSA" means the Electricity Trust of South Australia a body corporate pursuant to the provisions of the Electricity Trust of South Australia Act, 1946, and any successor which assumes within the Development Area the same, or substantially the same, functions as are performed by ETSA at the date hereof. "The Joint Venturers" means Delfin and SAULT jointly when discharging their respective obligations under the Joint Venture Agreement. "The Joint Venture Agreement" means the agreement referred to in the recital hereto bearing even date and entered into between Delfin and SAULT. "the Minister" means the Minister of the Crown to whom for the time being is committed the administration of the Planning Act. "related Corporation" and "associated person" shall respectively bear the meaning and interpretations accorded to those expressions contained in the Companies (South Australia) Code. "road" includes earthworks, road foundations, road pavement, road drainage structures, bridges and kerbs, medians and traffic control devices and street lighting. "SAHT" means the South Australian Housing Trust a body corporate pursuant to the provisions of the South Australian Housing Trust Act, 1936, and any successor which assumes within the Development Area the same, or substantially the same, functions as are performed by SAHT at the date hereof. "screening reserve" means an area of 4.1 metres in width or less separating a road reserve and residential or other areas which restricts access from the road reserve to such areas and in which is planted trees and shrubs of a density sufficient to generally provide a visual barrier between the road and adjoining areas. 1.3 In this Indenture and in the Schedules hereto where the case so admits or requires: (a) Headings (save and except for Division and clause and subclause numbers) shall form no part of nor shall they be used in an interpretation of this Indenture; (b) Reference to any Act, regulation or by-law shall be deemed to include all amendments thereto and to all statutory or other provisions from time to time substituted therefor and reference to any particular section of any Act or paragraph of any regulation or by-law shall be deemed to include all amendments thereto and all statutory or other provisions from time to time substituted therefor; (c) Reference to any Minister of the Crown includes the person for the time being holding the office or performing the duties of such Minister. DIVISION 2—RATIFICATION 2.1 As soon as is reasonably practicable after the due execution of this Indenture, the Government of the State shall sponsor and introduce into the Parliament of the State a Bill for an Act to be intituled "The Golden Grove (Indenture Ratification) Act, 1984" and endeavour to secure its passage and have it come into operation as an Act prior to 31st day of December, 1984, for the purposes (amongst other things) of: (a) Approving and ratifying this Indenture and providing for the carrying of this Indenture into effect; (b) Authorising, empowering and requiring the State and any Minister mentioned herein to do all things necessary or expedient for the carrying out and giving of full effect to this Indenture; and (c) Amending certain Acts of Parliament of the State in so far as such amendments are required to give full effect to this Indenture. The Bill shall be in the form now produced to and signed in the margin thereof by the signatories to this Indenture for the purposes of identification. 2.2 Clauses 2.1, 2.2 and 2.3 of this Indenture shall come into operation and take effect upon the due execution of this Indenture by the parties hereto. The remainder of the clauses of this Indenture shall operate and take effect upon the Golden Grove (Indenture Ratification) Bill, 1984, commencing to operate as an Act. 2.3 If the Golden Grove (Indenture Ratification) Bill, 1984, does not come into operation as an Act on or before the 31st day of December, 1984, or such later date as the parties to this Indenture may agree in writing, in the same terms as those now contained in the Golden Grove (Indenture Ratification) Bill, 1984, or in such other terms as the parties hereto otherwise agree in writing, this Indenture shall lapse on and with effect from that date and in that event none of the parties hereto shall have any claim at law or in equity against any other of them with respect to any act, matter or thing arising out of, done, performed or omitted to be done or performed under this Indenture. DIVISION 3—PRIMARY COVENANTS 3.1 Delfin and SAULT each hereby covenant that subject to the provisions hereof together as joint venture parties they shall progressively develop the land owned by SAULT contained in the Development Area in accordance with the Joint Venture Agreement and in such regard they do each separately covenant that they shall discharge these obligations one to the other and pursue their common purpose in an ethical and commercial manner at all times consistent with the Paramount Objectives set forth in the Third Schedule. 3.2 The State hereby covenants with the Joint Venturers that the State shall give full support, sponsorship and assistance in all acts, matters or things the subject of or contemplated by this Indenture, and shall not do or omit to do or cause anything to be done or omitted to be done which would or might tend to be inconsistent with the terms, objects, intent and purpose of this Indenture nor prohibit without just cause nor unreasonably interfere with due and proper performance of obligations or the exercise of rights by either or both of the Joint Venturers or their related corporations or associated persons under or in relation to activities contemplated by this Indenture or any agreement contemplated herein. DIVISION 4—PLANNING PART A—Supplementary Development Plans 4A.1 The Supplementary Development Plan contained in the Fourth Schedule hereto shall at the Commencement Date amend the Development Plan constituted under Part IV of the Planning Act, 1982, and replace all schemes, regulations and directions prepared under the Tea Tree Gully (Golden Grove) Development Act presently applying to the Development Area and as hereby amended the Development Plan shall on the Commencement Date constitute the Development Plan applying to the City of Tea Tree Gully for the purposes of Part IV of the Planning Act, 1982. 4A.2 Section 41 of the Planning Act, 1982, shall apply in relation to the Development Area: (a) as if a reference in that section to a council were a reference: (i) to the council the area of which includes the Development Area; or (ii) to the Joint Venturers; and (b) as if a reference in that section to the area of a council were a reference to the Development Area. 4A.3 Where the Minister has received a Supplementary Development Plan (together with the Statement referred to in subsection (4) of section 41 of the Planning Act, 1982) submitted by the Joint Venturers he shall: (a) approve the Supplementary Development Plan as submitted; or (b) amend the Supplementary Development Plan (after consultation with the Joint Venturers and any council affected by the Plan) having regard to any submissions of the Golden Grove Advisory Committee (constituted under Division 5) or any other relevant matter and approve the Plan as amended; or (c) reject the Supplementary Development Plan. Any Supplementary Development Plan approved under this clause shall be deemed to have been approved under section 41 of the Planning Act, 1982, and save as aforesaid subsections (5) to (11) inclusive and (13), (14) and (15) of that section shall not apply to such Supplementary Development Plan. The Minister shall not capriciously withhold his approval to or amend or reject any Supplementary Development Plan submitted to him as aforesaid. 4A.4 Any Supplementary Development Plan affecting the Development Area whether expressly or by necessary implication shall not be submitted to the Minister without the written consent of the Joint Venturers first had and obtained. PART B—Division of Land 4B.1 — (a) The Joint Venturers shall during the preparation by them of any plan of land division within the Development Area consult with and ascertain the land purchasing requirements of such Ministers of the Crown or other government authorities or agencies of the Crown as the Minister may advise. (b) The Joint Venturers shall provide to the Minister a copy of each approved plan of land division and indicate thereon all allotments sold or intended for sale to any Minister of the Crown, government authority or agency of the Crown and shall supply to the Minister on a quarterly basis or as is otherwise reasonably required by the Minister a report containing such information as the Minister may reasonably require giving details of all negotiations and transactions involving Public Housing or other government authorities or agencies of the Crown in which the Joint Venturers have been involved since the previous report, including details of provisions for future requirements and the extent to which the Joint Venturers consider such transactions are implementing the Paramount Objectives. (c) Each plan of land division shall, in addition to the requirements of the Real Property Act, 1886, show those areas of reserve land to be set aside for the purposes set forth in Division 9 of this Indenture and all such reserve land shall vest in fee simple in the Council. Such land may for those purposes at the discretion of the Council be placed under the care control and management of the controlling body (as hereinafter constituted) and the plan shall indicate accordingly. 4B.2 Notwithstanding the provisions of subsection (6) of section 47 of the Planning Act, 1982, the Council shall not consent to any development of a kind prohibited by virtue of subsection (5) of section 47 of the Planning Act, 1982, without the written concurrence of the Joint Venturers first had and obtained. 4B.3 The Council and the Commission shall each issue a "Statement of Requirements" within the meaning of the Real Property Act, 1886, in respect of each plan of land division submitted by the Joint Venturers as soon as is reasonably practicable after such submission. If any such Statement is not issued by the Council or the Commission within 60 days after submission of such plan, the Council or the Commission (as the case may be), shall be deemed for the purposes of Part XIXAB of the Real Property Act, 1886, to have no requirements in respect of the plan and to have issued a Certificate of Approval under section 223lf or 223lg (as the case may be) of that Act in respect thereof. 4B.4 In the land division process, any disagreement between the Joint Venturers and either the Council or the Commission concerning the reasonableness of any requirement or requirements or their satisfaction shall be referred to arbitration pursuant to the arbitration provision hereof and to the extent that any such requirement is found to be unreasonable it shall not be a requirement for the purposes of any "Statement of Requirements". 4B.5 All division of land undertaken by the Joint Venturers in the Development Area shall be dealt with as if SAULT was not referred to in the Seventh Schedule to the Development Control Regulations, 1982, and any disagreement between the Joint Venturers and the Council consequent upon either the refusal of the Council to grant any approval under the Planning Act, 1982, or any condition imposed upon any such approval shall be referred to arbitration pursuant to the arbitration provisions hereof, and no appeal or other proceedings relating to any approval so granted shall be commenced before or heard by the Planning Appeal Tribunal established pursuant to the said Act. PART C—Environmental Impact Statements 4C.1 Paragraph (b) of subsection (1) of section 49 of the Planning Act, 1982, shall not apply to any development undertaken by the Joint Venturers within the Development Area pursuant to this Indenture. 4C.2 If the Minister prepares or arranges for the preparation of a draft Environmental Impact Statement pursuant to paragraph (a) of subsection (1) of section 49 of the Planning Act, 1982, in relation to any development or project proposed within the Development Area he shall, upon receipt of the same submit the same to the Joint Venturers and after considering any submissions thereon determine what (if any) amendments should be made to the Environmental Impact Statement and, after those amendments have been made, signify by notice to the Joint Venturers and any authority or body or person proposing to undertake such development or project that the Statement is officially recognised for the purposes of section 49 of the Planning Act, 1982. 4C.3 The Minister may from time to time amend, or require the amendment of, an Environmental Impact Statement to which official recognition has been accorded as aforesaid in order to correct an error or to make modifications that are desirable in view of more accurate or complete data or technological or other developments not contemplated at the time of the original recognition provided at least 28 days notice of such proposed alteration is given to the Joint Venturers. 4C.4 Save as aforesaid the provisions of subsections (2) to (4) inclusive of section 49 of the Planning Act shall not apply to any development or project to be undertaken by the Joint Venturers within the Development Area. PART D—General 4D.1 The State shall use its best endeavours to ensure that no declaration is made under section 50 of the Planning Act, 1982, which refers expressly or by necessary implication to development within the Development Area unless the Minister has first consulted with the Joint Venturers and given them a reasonable opportunity to make representations with respect to any such intended declaration. DIVISION 5—GOLDEN GROVE ADVISORY COMMITTEE 5.1 The State shall as soon as is reasonably practicable after the Commencement Date establish a committee entitled the Golden Grove Advisory Committee (hereinafter referred to as "the Committee"). 5.2 The Committee shall consist of five members appointed by the Governor, of whom one shall be a person nominated by the Council and another (who shall be chairman of the Committee) shall be the Chairman of the Committee administering the Joint Venture pursuant to the Joint Venture Agreement. 5.3 Each member of the Committee shall vacate his office at the expiration of two years from the date of his appointment and shall be eligible for reappointment. 5.4 — (a) The Governor may remove a member of the Committee from office on grounds of: (i) mental and physical incapacity; (ii) dishonourable conduct; (iii) neglect of duty; or (iv) if any nomination upon which an appointment was made is revoked by instrument in writing addressed to the Minister. (b) The office of a member of the Committee shall become vacant if: (i) he dies; (ii) his term of office expires; (iii) he resigns by notice in writing addressed to the Minister; or (iv) he is removed from office by the Governor pursuant to paragraph (a) of this clause. 5.5 The Minister shall provide and make available to the Committee such staff as may be necessary for the satisfactory administration of the Committee. 5.6 The Committee may, with the approval of a Minister administering a Department of the Public Service, make use of the services of officers of that Department. 5.7 The Committee may, with the approval of a council, make use of the services of officers or employees of that council. 5.8 The Committee may, with the approval of the Joint Venturers, make use of the services of officers or employees of the Joint Venturers or SAULT or Delfin. 5.9 Any approval given in accordance with clauses 5.6, 5.7 and 5.8 may be subject to such conditions and limitations as the grantor of such approval may consider appropriate. 5.10 The Joint Venturers shall, during their preparation of any Supplementary Development Plan, consult with the Committee and shall refer any such plan to the Committee for comment not less than two months (or such lesser period as the Committee may from time to time determine) prior to submission of such plan to the Minister. 5.11 Upon reference to it of any Supplementary Development Plan referred to in clause 5.10 the Committee may report to the Minister upon any matter contained within the Plan, and in addition thereto, any member of the Committee may make submissions to the Minister upon any matter contained within the Plan PROVIDED HOWEVER that nothing contained in this clause shall prevent the Minister from proceeding to approve the plan under clause 4A.3 immediately upon its submission to him. DIVISION 6—PUBLIC HOUSING 6.1 The Joint Venturers shall confer with the SAHT on the planning, development, and pricing of developed land within the Development Area to the extent that such matters affect the reasonable requirements of the SAHT within the Development Area. 6.2 The Joint Venturers shall, at the earliest opportunity prior to the submission of a plan of land division to the Council, ascertain the requirements of the SAHT as regards its intended involvement (whether as purchaser of allotments or otherwise) as a provider of public housing within the area contained on such plan. 6.3 The Joint Venturers shall offer to SAHT at fair market value (being the price at which the Joint Venturers would effect the sale of residential allotments to private builders or others buying land in similarly large quantities) appropriate residential land in the Development Area sufficient to satisfy the SAHT requirements and to enable the SAHT to secure for its own purposes between twenty-five (25) and thirty (30) per cent of the total dwelling units in the Development Area. 6.4 The State shall ensure that the SAHT shall purchase from SAULT through the Joint Venturers or from subsequent owners sufficient land and/or dwellings as shall be necessary to enable the SAHT to secure or provide for a total of between twenty-five (25) and thirty (30) per cent of the total dwelling units to be built in the Development Area. 6.5 The SAHT shall develop all vacant allotments purchased by it from the Joint Venturers in accordance with methods and practices designed to comply with the Paramount Objectives, and in particular paragraph 3 of such Objectives. Such development shall be in accordance with standard requirements for development imposed by the Joint Venturers uniformly throughout any particular land division and in accordance with an encumbrance in favour of SAULT to be registered over all allotments in the Development Area. DIVISION 7—PUBLIC WORKS 7.1 The proposals for public services contained in this Indenture (including arterial and collector roads, water and sewerage works, electricity works, stormwater drainage and retention) are acknowledged by all parties as essential works that shall be carried out in accordance with the Paramount Objectives, in such manner and in such stages as will ensure that the Development Area is systematically and economically provided with all adequate services when reasonably required by the Joint Venturers. 7.2 All public works constructed or caused to be constructed by the Joint Venturers within the Development Area (including all public streets and ancillary services) shall be maintained by the Joint Venturers for a period of not less than six months after their date of completion. 7.3 In the event that any latent or other defect(s) appear in such works within a period of 12 months from their date of completion and the Joint Venturers are notified of such defect(s) within a reasonable time, such latent or other defect(s) shall be remedied by and at the cost and expense of the Joint Venturers as soon as reasonably practicable after such defect(s) become apparent. 7.4 Notwithstanding anything implied herein to the contrary the Joint Venturers shall not be responsible for any latent or other defect(s) in works undertaken by the State or the Council. 7.5 For the purposes hereof the date of completion shall be deemed to be the date when a consulting engineer nominated by the Joint Venturers and approved by the Minister certifies that such works are practically complete. PART A—Roads 7A.1 The State shall, at no cost to the Joint Venturers, design construct and maintain or cause to be designed constructed and maintained all arterial roads required within and external to the Development Area as are required for its development as generally delineated on the plan annexed hereto as the Fifth Schedule hereto in accordance with a programme for design construction and completion to be prepared by the Commissioner of Highways and the Joint Venturers and as far as is reasonably practicable and in accordance with Division 3, such programme shall accommodate the Joint Venturers' reasonable requirements. 7A.2 The Council shall at its cost design and construct or cause to be designed and constructed the collector roads which approximate the alignments of John Road and Yatala Vale Road east and west of the north south arterial road as generally delineated on the said plan and the screening reserves and fencing applicable thereto. 7A.3 The Joint Venturers shall at their cost design and construct or cause to be designed and constructed all other collector roads and screening reserves and fencing applicable thereto required within the Development Area in accordance with plans and specifications and a construction schedule to be agreed between the Joint Venturers and the Council [or if not agreed then as fixed by the Commissioner of Highways] PROVIDED HOWEVER, that, the Council shall contribute forty (40) percent of the cost of design and construction and maintenance (pursuant to clause 7.2) of the first 13 kilometres of the aggregated length of such other collector roads. 7A.4 Contribution payments to be made by the Council in respect of road design and construction referred to in clause 7A.3 shall be made to the Joint Venturers within 28 days of the production to the Council of a certificate by an engineer nominated by the Joint Venturers and approved by the Commissioner of Highways certifying the amount payable in respect of such design and construction as is specified in the certificate. 7A.5 The Joint Venturers shall give to the Council or its nominee a reasonable opportunity to tender for the construction of the collector roads referred to in clause 7A.3 and shall (subject to prudent commercial considerations) award the tender to the Council or its nominee if the same is competitive with other tenders. 7A.6 SAULT shall for no consideration transfer to the Commissioner of Highways or the Council (as the case may require) any land required for road purposes. 7A.7 Notwithstanding anything contained in any Act or in any by-law or regulation made thereunder, the Joint Venturers shall not be required to form, construct, pave or seal, or to make any binding arrangement for the forming, constructing, paving or sealing of the roadway of any existing or proposed road within the Development Area (other than arterial roads and collector roads) in a width in excess of 7.4 metres and shall not be required to pave any road or street with a pavement of a higher standard than that which in accordance with recognised engineering design practice is appropriate to the traffic to be carried by that road. PART B—Sewerage and Water Supply 7B.1 The State shall, at no cost to the Joint Venturers, design, construct and install, or cause to be designed, constructed and installed, the following works (both external to and within the Development Area): (a) Augmentation works associated with the Dry Creek Trunk sewer; (b) Extension of the existing 450 mm Golden Grove Trunk sewer and the existing 300 mm Golden Grove North sewer to provide the normal sewer drainage services throughout the Development Area; (c) All sewer pumping stations and rising mains required; (d) All sewer mains and associated works in respect of sewer mains with diameters larger than 150 mm (except for 225 mm sewer mains specifically serving retail, commercial or industrial development within retail, commercial or industrial zones); (e) All water storage tanks, pumping stations, and associated works; (f) Water mains with diameter larger than 150 mm; and (g) All water supply and sewerage works outside the Development Area as shall be reasonably required to provide adequate water supply and sewerage services within the Development Area. Provided that where the State installs mains of a greater diameter than 150 mm in residential streets (other than collector roads) where the Joint Venturers would normally be expected to install 150 mm mains, the Joint Venturers shall pay to the State the cost they would have incurred had they installed the 150 mm mains. 7B.2 The Joint Venturers and the nominee of the Minister of Water Resources shall as soon as is reasonably practicable confer and prepare a programme for completion of the works referred to in clause 7B.1 and, as far as is reasonably practical and in accordance with Division 3, such programme shall accommodate the Joint Venturers' reasonable requirements. 7B.3 The Joint Venturers shall, at no cost to the State, construct and install or cause to be constructed and installed the following works: (a) All sewer mains and as