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

 

1.6

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“Present Designation” means the area, precinct or zone in which the Land is presently
included under the Planning Scheme as described in item 7.

“Private Open Space” means open space land which is retained in private ownership and
maintained privately.

“Proposed Development” means the Development of the Land proposed in the
Application as amended by any Conditions of Approval.

“Public Office” has the meaning given in the Local Government Act 1993.
“Public Open Space” means open space land which is publicly owned and maintained.
“Reconfiguring” has the meaning given to reconfiguring a lot in the Act

“Sell” includes transfer, dispose of, and alienate and “Sale” has the corresponding
meaning.

“Shire Business Centre” means the Shire Business Centre for Noosa planned for

development on land including the Land and described in Section 19.3 of the Strategic
Plan.

“Site works” means any works approved by a development permit for operational work in
association with the proposed development, but excluding infrastructure works, which the
Applicant is required to construct or for which the Applicant is to make a contribution
under this Agreement.

“Stage 1” means the first stage of development of the Shire Business Centre described in
the Development Application and approved under the Decision Notice, unless otherwise
used in the context of Eenie Creek Road.

“Strategic Plan” means the 1997 Strategic Plan for Noosa Shire.

“Use” has the meaning given in the Act.

“Walter Hay Drive” means the proposed road formerly known as the Southern Access
Road between Emu Mountain Road and Eenie Creek Road, and which traverses the Land
as shown on the plan adopted by the Council as the proposed alignment of the road on 1
May 2003, as further modified by GHD plan 41-12240-C027 revision B, or as varied by
subsequent detailed design. ,

“Walter Hay Drive Construction” means thé“construction of a two lane two way road
between Emu Mountain Road and Eenie Creek Road, excluding works on Walter Hay
Drive, which the Applicant is required to construct or for which the Applicant makes a
monetary contribution under this Agreement. .

“Works” means the infrastructure works, which the Applicant is required to construct or
for which the Applicant makes a contribution under this Agreement.

Other Expressions

If a term is not defined in this document it shall unless the context otherwise requires, have
the meaning given to it by:

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