Attn: David Lynch                                             7 October 2009
      CEO City North Infrastructure
      Level 30, Comalco Place
      12 Creek Street
      Brisbane Q 4000

Subject: Who CNI represent - Subsurface defects - Airport Link

David, Hi.

I am writing to you to obtain clarification in regard to the Project Deed
clause 8.3 (b) (i) which covers subsurface defects such as those discovered
in Kedron in early March 2009 by Thiess John Holland and BrisConnections.

The CEO of City North Infrastructure (CNI) is defined as the Party "the
State" in this Project Deed.  You are the CEO of CNI.

I note your CNI website states "CNI was established in 2006 to represent
the State and Communities of Queensland on major infrastructure projects".

You have previously stated CNI are the proponent for the Airport Link
project.

You have previously stated CNI are the producer of the Wooloowin Worksite
Modification Request for Project Change (RPC), from information provided
by BrisConnections and Thiess John Holland (TJH). 

This RPC is currently awaiting a ruling by the Coordinator General.  Should
the ruling be in favour it would allow BrisConnections and TJH access to a
worksite in Wooloowin which would facilitate an earlier delivery of the
project; earlier than if the ruling were not in favour of the proposed
worksite in Wooloowin.

Page 16 of this RPC document states,

   "Without the change, Airport Link would not be delivered on time."

Page 8 of this RPC document states,

  "As detailed design and construction progresses, difficult ground
   conditions in the vicinity of the Kedron underground ramps have
   become apparent."

You have previously provided a more accurate timeline surrounding the
discovery of these adverse ground conditions at Kedron.

You were present at a meeting on 19 August 2009 where a Community member
asked how much longer will it would take if the Aiport Link project did
not go in through the Wooloowin worksite.  BrisConnections General Manager
of Construction is on record as stating,

    "Well it's a delay in the order of 6 months."

The Project Deed obtained from the CNI website for the Airport Link project
states on page 83:

  8.3  Condition of land
    (b) (Each PPP Co accepts condition of land): Each PPP Co accepts the
        Licensed Construction Areas, the Leased Area, the Licensed Maintenance
        Areas and any structures or other things on, above or adjacent to, or
        under the surface of, the Licensed Construction Areas, the Leased
        Areas, the Licensed Maintenance Areas in its present condition and
        state of repair and subject to:

      (i) all defects, including all subsurface conditions;

BrisConnection is the PPP Co defined in this Project Deed containing clause
8.3 (b) (i).  You, as CEO of CNI are defined as "the State" in this Project
Deed.

I have a single question for you:

    "Can you explain why CNI are supporting a proposed Worksite
     in Wooloowin, which was not planned in the original tender,
     when section 8.3 (b) (i) of the Project Deed clearly states
     that BrisConnections has accepted all subsurface conditions;
     especially in the context of CNI's claim it represents the
     State and Communities of Queensland?"

To the casual observer, and possibly in fact possibly the informed
observer, it appears CNI are representing BrisConnection and Thiess John
Holland.

Best Regards,

Greg.

-- 
Greg Davis
SECRETARY
Kalinga Wooloowin Residents Association