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

 

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3.1

3.2

3.3

Al

4.2

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a. the Act; or

b. the Macquarie Dictionary in the absence of a definition in the Act.
When Development Approvals Take Effect.

If a provision of this Agreement refers to a Development Approval taking effect in
accordance with the. Act, and there is an appeal to the Court affecting the Development
Approval, the appeal will not be taken, for the purposes of this Agreement, to be “finally
decided” in terms of Section 3.5.19(c) of the Act until all appeals to the Court of Appeal
and the High Court of Australia, and any remittance of the primary appeal back to the
Planning and Environment Court, have been finally decided and no other appeal affecting
the decision of the Planning and Environment Court is possible.

INFRASTRUCTURE AGREEMENT

This document is intended to constitute an infrastructure agreement under the Act.

OBLIGATIONS OF PARTIES
Compliance of Council

The Council shall comply with the terms of this document subject to the provisions of
Clauses 8 and 9.

Compliance of Applicant

The Applicant shall comply with the terms of this document subject to the provisions of
Clauses 8 and 9.

'

Time for Compliance

All obligations that the Applicant is required to comply with pursuant to this Agreement
shall be so done or paid within the time respectively provided in this document.

OPEN SPACE
OSA and OSB (Open Space Areas A and B)

The Applicant shall dedicate Open Space Area A and Open Space Area B for the purposes

of public open space — conservation and waterways protection in accordance with the
Conditions of Approval. :

Deemed Contribution to Community Infrastructure — Public Open Space

The Council recognises that the dedication of Open Space Area A and Open Space Area B,
comprising approximately 12.63 hectares (subject to survey) as public open space, is an
appropriate commitment of land to meet the environmental needs-of the Land on the part

of the Applicant and shall be taken to be a contribution by the Applicant to community
infrastructure.

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