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Meeting papers
Original PDF page 104, section 1. The text section number identifies this passage in the reader.
4. GOODS AND SERVICES TAX
The federal government has determined that rates and utility charges levied by local
government will be GST free. Accordingly, no component for GST is included in this
Infrastructure Contribution.
5. DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default
If the owner fails to duly perform and fulfil any or all of its obligations under Clause 3
the Council may recover from the applicant the whole or any amount of the
Infrastructure Contribution not paid and its costs of recovery.
5.2 Application of money
The Council may apply any sum recovered or received by it pursuant to Clause 5.1
(rights of the Council on default) as far as the sum may extend to or towards all or
· any one or more of the following:
(a) reduction or discharge of the amount payable by the owner under this Deed;
and
(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non payment.
6. RECONFIGURATION OF THE SUBJECT SITE
6.1 Reconfiguring and compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have been satisfied, then this Deed no longer remains attached to
the reconfigured lots and the owner's successors in title are not bound by this deed.
6.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the obligations
under this Deed have not been satisfied, this Deed remains attached to the
reconfigured lots and the owner's successors in title remain bound by this deed.
7. SERVICE
7.1 Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where there
are more persons than one person comprising the other party) at the address of that
party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
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