21 C65 The Trust Deed shall provide that upon the completion of closure of the site, the transfers of land will be completed by the trustees registering the transfers on the relevant certificates of title, and the trustees shall undertake their responsibilities with respect to the Gladstone Open Pit Tailings Storage Facility, Northern Rock Stack, Tailings Storage Facility 3, Storage 2, Storage 1A, the park and proposed pit lake. The Water Treatment Plant shall be in good working condition at the time the transfer of it to the Trust is completed. Capitalisation Bond C66 Prior to the exercise of this consent, the Consent Holder shall provide and maintain in favour of the Councils a capitalisation bond to secure the settlement on the Trust of the required capital sum to fund the Trust to carry out its obligations. C67 The capitalisation bond shall be in a form approved by the Councils and, subject to these conditions, shall be on the terms and conditions required by the Councils. C68 Unless the capitalisation bond is a cash bond, the performance of all of the conditions of the capitalisation bond shall be guaranteed by a guarantor acceptable to the Councils. C69 The amount of the capitalisation bond shall be fixed annually by the Councils and shall cover: a. The estimated costs of dealing with any adverse effect on the environment which may become apparent after the surrender or expiry of this consent. This sum may include (without limitation) provision to deal with structural instability or failure, land and/or water contamination, and failure of rehabilitation. Such estimated costs shall include the costs of investigation, prevention, and remediation of any adverse effect; b. The estimated costs of monitoring for and of any adverse effect and of measures taken to avoid, remedy, or mitigate any adverse effect; c. Provision for contingencies; d. The estimated costs of long-term monitoring and maintenance of the area to be owned or managed by the Trust, following completion of closure of the site; and e. Provision for the reasonable remuneration of the trustees having regard to their duties and responsibilities as trustees
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