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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-09-10 Daily Xml
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New Wave Aerospace

146 The Hon. F. PANGALLO (31 July 2019). Can the Minister for Transport, Infrastructure and Local Government advise—

1. When will the lease with New Wave Aerospace, to operate the Wirrina Cove Marina, expire?

2. Is the lessee currently complying with all conditions of the current lease?

3. If the lessee is not complying with all conditions of the current lease, with which condition or conditions has the lessee not complied, is not complying with and/or satisfying?

4. If the lessee has not complied with and/or is not complying with one or more of the conditions of the lease, what action is the state government taking to ensure that the lessee satisfies and or complies with any conditions with which it has not complied and/or is not complying?

5. Is a copy of the current lease available to members of the public? If so, where can members of the public access a copy of that lease?

6. Does the government intend to renew the lease with New Wave Aerospace when the current lease expires? If not, what action does the government intend to take in relation to the future leasing and/or operation of the Wirrina Cove Marina?

The Hon. D.W. RIDGWAY (Minister for Trade, Tourism and Investment): The Minister for Transport, Infrastructure and Local Government has provided the following advice:

1. 30 June 2048.

2. The lessee is currently complying with all conditions of the lease with the exception of the requirement to dredge.

3. The lessee had not undertaken dredging by 30 September 2015 that was required under the lease and the deed of consent to assignment of the lease.

4. The Department of Planning Transport and Infrastructure, as lessor, has been addressing all breaches of the lease using the appropriate mechanisms under the lease and deed of assignment, including the issuing of default notices to New Wave Aerospace (NWA).

Numerous reminders were sent to the lessee to dredge the marina to the required depth of minus 4.3 AHD. Multiple notices were issued to the lessee and its guarantor. The notices formally dealt with NWA's failure to undertake the dredging and informed of the minister's intent to take action under the lease and deed of consent to assignment. A meeting was held with the tenant who was advised the cost of dredging to be charged back to the lessee in accordance with the lease.

The first stage of dredging for the shallowest section within the marina is expected to be completed by mid-September 2019.

5. A copy of the registered lease is publicly available through a Land Services SA SAILIS search.

6. The lessee, not later than two years before the expiration of the lease, can make written request for the renewal term of 30 years. If both at that time and at the expiration of the initial term there shall not be any existing breach or non-observance of any of the covenants and stipulations, the lessor has to grant the extension. Should the government terminate the agreement with NWA at any time, a strategy for the interim management of the marina will be put in place until a new operator can be procured.

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