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

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“Court” means the Planning and Environment Court and in the event of an appeal against
a decision of the Planning and Environment Court includes the Court of Appeal of the
Supreme Court of Queensland and the High Court of Australia in the circumstances of
applications for leave to appeal and appeals to those Courts. :

“Decision Notice” means the negotiated decision notice 22803 DA dated 18 August 2003
issued to the Applicant by Noosa Council on 21 August 2003 -in respect of Stage 1 of the
_Shire Business Centre, a copy of which is Annexure 1.

“Demaining Agreement” means an agreement dated 20 April 2001 (as varied by the
parties from time to time), between the Main Roads Department and Noosa Council, which
includes funding arrangements for the Walter Hay Drive Construction andthe construction
of Eenie Creek Road Stage 2.

“Department” means the government department or public sector unit which administers
the Act, unless its use is in the context of the Main Roads Department.

“Development” has meaning given in the Act.

“Development Application” means the application made under the Act by the Applicant
to the Council described in item 6. :

“Development Approval’ has the meaning given in the Act.

“Development Infrastructure Item” has the meaning given in the Act.
“Development Permit” has the meaning given in the Act.

“Do” in relation to Works includes carry out, provide, perform and undertake.

“Kenie Creek Road Stage 1” means Eenie Creek Road between its intersections with
Eumundi-Noosa Road and Reef Street, inclusive of its connections to these intersections.

“Eenie Creek Road Stage 2” means Eenie Creek Road between Reef Street and its
intersection with Cooyar Street via Langura Street.

“Force Majeure” means an event:

a. being a decree of the Commonwealth Government or the State Government, an act of
God, industrial disturbance, act of public enemy, war, international blockade, public
riot, lightning, flood, earthquake, fire, storm or other event whether of a kind herein
specified or otherwise; and : :

b. which is not within the control of the party claiming Force Majeure; and

which could not have been prevented by the exercise by that person of a standard of

foresight, care and diligence consistent with that of a prudent and competent person under

the circumstances.

“Future Stage” means any subsequent development of the Shire Business Centre.

“Infrastructure Charges” has the meaning given in the Act.

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