Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20)

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Definitions
In this document:

“Act” means the Integrated Planning Act 1997 and includes the Local Government
(Planning .and Environment) Act 1990 and the Local Government (Planning &
Environment) Regulation 1991 to the extent. that they are relevant to the Development
Application, the Conditions of Approval and the Proposed Development by operation of
the Integrated Planning Act 1997 or the Acts Interpretation Act 1954.

“Agreement” means this Infrastructure Agreement and that term is interchangeable with
the term “document” wherever used

“Appeal” means an appeal to the Court under the Act.

“Applicant” means the person described in and having its address at the place described
in item 4 and includes: :

a. successors and permitted assigns in the case of a corporation, association or other body
whether incorporated or not;

b. executors, administrators and permitted assigns in the case of a natural person; and

c. any person who enters into a Deed of Novation with the Council in respect of this _
Agreement.

“Approved Plan of Development” means:
a. the plans referred to in the Conditions of Approval; or

b. in the absence of plans referred to in the Conditions of Approval, the plans submitted
with the Development Application to which the Conditions of Approval relate.

“Authority” means all authorities or instrumentalities (other than the Council), which have
jurisdiction over the Works.

“Building” has the meaning given in the Act.

“Chief Executive Officer” means the Chief Executive Officer of the Council and includes
the person (if any) for the time being acting as Chief Executive Officer of the Council.

“Commencement Date” means the date stated, in item 1.

“Conditions of Approval” means the conditions (if any) imposed by the Council and
contained in the Decision Notice issued by the Council in respect of the Development
Application, and as varied by the Court in the event of an appeal against the Council’s
decision in respect of the Application.

“Council” means the Local Government described in item 3.
“Council's Agents” includes the Council's members, officers, agents, servants, employees,
contractors and subcontractors, and agents and-servants of the Council's contractors and

subcontractors.

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