20 Attachment 3 to these conditions and the certificates of title listed in Attachment 3. The Trust shall have no power of sale of the land; b. To monitor and maintain these facilities in perpetuity and to be responsible for such monitoring and maintenance as to ensure that the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2 and Storage 1A and the park (and proposed pit lake if acceptable to LINZ) remain in a stable, self- sustaining, rehabilitated state; c. To obtain any resource consents that may be required after completion of the closure of the site and the expiration or surrender of this consent; d. Without limiting the above, to take out insurance cover against unexpected risks; e. To reimburse the Councils for any costs incurred by them in monitoring or maintaining the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2, Storage 1A, the park and proposed pit lake; and f. To invest any funds held to generate the necessary income to pay for the above purposes. These purposes and powers shall be recorded in a Trust Deed approved by the Councils. The Trust Deed shall provide: g. That the Councils shall have the power to appoint two trustees each to the Trust; h. That the Councils shall jointly have the power, after consultation with Ngati Tamatera, to appoint one additional trustee representing Ngati Tamatera; and i. That Te Runanga a Iwi o Ngati Tamatera Incorporated shall have the power to appoint one advisory trustee to represent Ngati Tamatera. amendments to incorporate this additional land. C63 The Consent Holder shall be responsible for all costs associated with the establishment of the Trust. The solicitor appointed to act for the Trust shall be independent of the solicitors acting for the Consent Holder and shall be approved of by the Councils. C64 The Consent Holder shall execute irrevocable transfer documents to enable the Trust to complete the transfer of the land described in Attachment 3 to these conditions, and these transfer documents are to be held in escrow subject to Condition C65 by the solicitor acting for the Trust.
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