2021-02-25 Special Meeting Agenda

SPECIAL MEETING AGENDA   25 FEBRUARY 2021




                             Page 81 of 112

SPECIAL MEETING AGENDA                                                           25 FEBRUARY 2021

                                                       7

                      Authority  means   a   government,   semi-government,   local government,
                      statutory, public, ministerial, civil, administrative, fiscal or judicial body or
                      other entity or body with relevant power or authority.
                      Business Day has the meaning in the Acts Interpretation Act 1954 (Qld).
                      Calendar Day means from one midnight to the following one.
                      Chief Executive Officer means the chief executive officer of the Council.
                      Commencement Date means the date on which this document commences
                      as stated in clause 1.3.
                      Council means the Local Government identified in item 1 of schedule 1.
                      Developer means the party identified in item 2 of schedule 1.
                      Development Application means development application lodged by the
                      Developer with the Council reference number MCU19/0114 and RAL
                      19/0027 for a development permit for a material change of use of premises
                      for multiple housing — type 5 (relocatable) and entertainment and business —
                      type 2 (recreation, amusement and fitness) and a development permit for the
                      reconfiguration of alot, in respect of land described as Lot 33 on MCH 2281,
                      Lot 1 on SP 115864, Lot 2 on SP 115864 and Lot 3 on SP 115864.
                      Development Approval means an Approval given approving the Development
                      Application.
                      Development Land means the land identified in item 3 of schedule 1.
                      Development Obligation means an obligation under this document to be
                      performed and fulfilled by a party.
                      Dispute Notice means a Notice given under clause 8.1.
                      Expert means an expert appointed under clause 8.3.
                      Financial Contribution means the payment of a monetary amount for
                      infrastructure
                      Force Majeure means an event:
                      (a)  being a Commonwealth or State government decree, an act of God,
                           industrial disturbance, act of public enemy, war, international blockade,
                           public riot, lightning, flood, earthquake, fire, storm or other physical or
                           material restraint;
                      (b)  which is not within the reasonable control of the party claiming Force
                           Majeure; and
                      (c)  which could not have been prevented by that party exercising a standard
                           of knowledge, foresight, care and diligence consistent with that of a
                           prudent and competent person under the circumstances.
                      Golf Course means the golf course currently situated on Lot 33 on MCH 2281
                      and Lot 1 on SP 115864
                      GST has the meaning in the GST Act.

    Document Set ID: 21379346
    Version: 1, Version Date: 27/01/2021

                                                                                       Page 81 of 112