Executed Infrastructure Agreement - 12 Maple Street Cooroy - 132003.220664.4 (As Published)

Page 2

 

CONTENTS

1 INTERPRETATION---- cone
44 Nature of Deed
1.2 Commencement.
1.3 Interpretation
14 Definitions ....

 

  
   
 

 

 

 

 

 

   

 

 

1.5 Other Expressions.. uh
1.6 Rights and Obligations.. a
2 INFRASTRUCTURE DEED 6
2.4 ApplGation: Of ACt sccctanestsscoeniececarsrenisiendpsetaanedineatteobenettaiidgehsbeainassnendenecaenstentereised
Z2 Warranty of Ownership ........... 6
2.3 Deed to bind successors in tit! 6
24 Deed conditional upon approval of Development Application... vn
3 INFRASTRUCTURE CONTRIBUTION—---------------— 6
3.41 Infrastructure Agreement overrides Development Permit
3.2 Contribution in lieu of off-street parking ... ansins bie 6
3.3 Indexed Infrastructure Contribution in hau. of oft street parking.

  
 
 
 

3.4 Time for payment
3.5 Payment to Council...
4 GOODS AND SERVICES TAX
DEFAULT BY OWNER OR APPLICANT
5.1 Rights of the Council on default ..
5.2 Application of Money........c-+
6 RECONFIGURATION OF THE SUBJECT SITE-———--————
6.1 Reconfiguring and compliance...
6.2 Reconfiguring and non-compliance ...
7 SERVICE anon
71 Service by prepaid Post .....cssserisecerevretessnasisasdanderedsaseseetyzescsnteseecuniachataatidasearneres
7.2 Deemed service .
73 Proof of service
74 Form of Notice...

 

 

 

 

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8 MISCELLANEOUS
8.1 PAYyMent Of COSTS sinsevincrvdersstdbtionesi teh (Secasesstctcon eyubdduceed ancien said asbiacdibeieoeelay 8
8.2 Time... soieatacataass is :
8.3 Place for payment of monies .
84

8.5 Laches and delay
86 Severance.........-
87 Warranty of authority.
8.8 Further assurances ...

 

 

8.9 Amendment of deed... cccsccsssssaseeecerennsreenevsrrtaveerestres®
SCHEDULE 1 a 10
SCHEDULE 2 14
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Document Set ID: 23859579
Version: 4, Version Date: 28/07/2025

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THIS DEED is made on the date stated in item 1.

BETWEEN The Council

AND the Applicant

AND the Owner

RECITALS

A The applicant is Traders Lane Pty Ltd and is also the owner.

B The applicant lodged a development application in relation to the Subject Site.

C The applicant has made a request to the Council that it provide fewer on-site car
parking spaces for the development proposed by the development application than
would otherwise be required under the planning scheme.

D The applicant proposes a contribution be paid for the shortfall in the number of car
parks which would otherwise be required.

IT IS AGREED

1 INTERPRETATION

1.1 Nature of Deed
This deed accords with Clause 2.

1.2 Commencement
This deed commences on the Commencement Date.

1.3 Interpretation

(a) In this deed, unless a contrary intention appears, reference to:

(i) aclause is to a clause in this deed; and

(ii) _ the singular includes the plural and vice versa; and

(iii) any gender includes all other genders; and

(iv) a person includes a firm, a corporation, an association and a body,
whether incorporated or not and a government or statutory entity or
authority; and

(v) legislation (including subordinate legislation) includes:

(A) _ statutory instruments under the legislation; and

(B) consolidations, amendments, re-enactments or replacements of
the legislation; and

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(vi) writing includes any mode of representing or reproducing words in
tangible and permanently visible form and includes facsimile
transmission; and

(vii) this or any other deed includes the deed as varied or replaced and is
not affected by any change in the identity of the parties; and

(viii) a day is a Calendar Day

(d) Whenever more persons than one constitute a party, all the covenants,
deeds, conditions, restrictions and provisos on the part of that party
contained or implied in this deed bind those persons jointly and each of them
severally.

(e) This deed is in all respects to be interpreted in accordance with the laws of
the State of Queensland, and the parties irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state and any
courts which have jurisdiction to hear appeals from them, and waive any
right to object to proceedings being brought in those courts.

(f) Nothing contained in this deed affects, prejudices or derogates from the
requirements of any statute or from the rights, powers and authorities of the
Council under the provision of any statute or under any declared policy of
the Council.

(i) All schedules to this deed form part of this deed and a reference to an item
is a reference to an item in Schedule 1 unless stated otherwise.

(j) Terms used in the Special Conditions which are not otherwise defined in
Clause 1.4 (Definitions) shall have the meanings assigned to them in the
Council's Planning Scheme.

1.4 Definitions
In this deed:
“Act” means the Planning Act 2016 (the “Act’).

"Applicant" means the person described in and having its address at the place

described in item 4 of Schedule 1 and includes:

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

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

“Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act
1954 (Qld).

“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.

“Commencement Date” means the date when this deed commences being the
date when the last party executes this deed

“Council” means the Local Government described in Item 3 of Schedule 1 and its
predecessors, successors, transferees and assigns.

“Development” has the meaning given in the Act.

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“Development application and development permit” have the meanings given
in the Act and are identified in Item 7 of Schedule 1.

“Index Number” means the Consumer Price Index - Index Numbers; All Groups
CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index
is suspended or discontinued or if different factors are used to determine the same
Index, the Index Number shall be such an Index as the Council and Owner agree
reflects increases in the costs of living in Brisbane. In default of such agreement
such Index will be as determined on the application of either party to the President
of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as
an expert and not as an arbitrator and whose decision shall be conclusive.

“Infrastructure charges notice" has the meaning given in the Act.

“Infrastructure Contribution” mean the contribution in lieu of car parking spaces
required under clause 3.2.

“Local government” has the meaning given in the Local Government Act 2009.

“Local government area” has the meaning given in the Local Government Act
2009.

“Lot” has the meaning given in the Act.

“Notice” means any certificate, demand or notice to be made, given or served by
a party under this deed.

“Owner’ has the meaning given in the Act and is the person described in item 4A
of Schedule 1.

“Planning Scheme” means the planning scheme of the Council applicable for the
Subject Site.

“Special Conditions" means the conditions specified in item 6 of Schedule 1 with
which the Owner and Applicant must comply.

“Subject Site” means the land described in item 5 of Schedule 1 and includes:

(a) any interest or estate in, on, over or under the land; and

(b) the airspace above the surface of the land and any estate or interest in the
land; and

(c) _ the subsoil of the land and any estate or interest in the subsoil; and

(d) any part or parts of the land; and

(e) any estate or interest created in respect of any of the above matters.

“Use” has the meaning given in the Act.
1.5 Other Expressions

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

(a) _ the Act; or

(b) the Macquarie Dictionary in the absence of a definition in the Act.

1.6 Rights and Obligations

Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.

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2.1

2.2

2.3

24

3.1

3.2

3.3

INFRASTRUCTURE DEED

Application of Act

This Deed constitutes an infrastructure agreement under the Act.
Warranty of Ownership

The owner warrants that, at the time of signing this agreement, it is the owner of
the land.

Deed to bind successors in title

The owner consents to the obligations of the applicant under this Deed being
attached to the Subject Site and binding on the owner and the owner's successors
in title in accordance with Section 155 (When infrastructure agreements bind
successors in title) of the Act.

Deed conditional upon approval of Development Application

This Deed is conditional upon the development permit taking effect.

INFRASTRUCTURE CONTRIBUTION

Infrastructure Agreement overrides Development Permit

This Deed applies to the extent of any inconsistency with the development permit
and the Infrastructure Contribution payable hereunder is in addition to any
conditions of, or payments required by, the development permit and/or any
infrastructure charges notice given in respect of the development.

Contribution in lieu of off-street parking

The applicant must pay the Council the greater of:

(a) the amount identified in Schedule 2 of this Deed; or

(b) the amount calculated in accordance with the formula in Clause 3.3.
Indexed Infrastructure Contribution in lieu of off-street parking

The Infrastructure Contribution in lieu of off-street parking payable, identified in
Schedule 2, shall be indexed annually for a financial year in accordance with the

following formula:-

A=BxC
D

Where A= the Indexed Infrastructure Contribution amount at the time the
payment is made

Where B = the Additional Networks Infrastructure Contribution identified in
Schedule 2.

Where C = the Index Number for the March quarter immediately preceding the
financial year in which the Infrastructure Contribution is being paid;
and

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Where D = the Index Number for the March quarter immediately preceding the
financial year upon which the Infrastructure Contribution is issued as
stated in Schedule 2.

3.4 Time for payment

The Infrastructure Contribution in lieu of off-street parking is to be paid before the
use approved by the Development permit commences.

3.5 Payment to Council

The Infrastructure Contribution in lieu of off-street parking shall be paid to Council
unless the applicant is directed in writing by Council to pay it otherwise.

3.6 Onsite carparking spaces

In addition to payment of the infrastructure contribution the applicant shall provide
the number of car parking spaces on the subject site specified in Item 8.

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 applicant fails to duly perform and fulfil any or all of its obligations under
Clause 3 the Council may recover from the applicant or the owner 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 applicant or 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.

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6.2

7.1

7.2

7.3

7.4

8.1

8.2

8.3

8.4

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.

SERVICE

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.

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.

Proof of service

In proving service of a Notice made, given or served by the Council it is only

necessary for the Council to certify to thal effect under the hand of the Chief

Executive Officer.

Form of Notice

(a) A Notice given by a party must be in writing and signed by the party.

(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.

(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.

MISCELLANEOUS

Payment of costs

The applicant shall pay the Council’s legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.

Time

Time is, in all cases, of the essence.

Place for payment of monies

All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.

Waiver
No waiver by the Council of any breach by the applicant or owner of any of the

provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.

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8.5 Laches and delay

No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.

8.6 Severance

\f any provision of this Deed cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but so as to
maintain and uphold so far as possible the remaining provisions of this deed.

8.7. Warranty of authority
Any person signing this Deed:

(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and

(bp) as an authorised officer, agent or trustee of any party warrants to the other
parties that at the date of execution that person has full authority to execute
this deed in that capacity.

8.8 Further assurances

Each party agrees at its cost to do everything reasonably necessary to give effect
to this Deed.

8.9 Amendment of deed

(a) Despite any provision of this Deed, the parties may at any time agree to vary
the terms of this Deed

(b) No modification, variation or amendment of this Deed is of any force or effect
unless:

(i) it is in the form of an amendment Deed and has been signed by the
parties; and

(ii) where relevant the amendment Deed complies with the requirements
of the Act.

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ITEM 1

ITEM 2

ITEM 3

ITEM 4

ITEM 4A

ITEM 5

ITEM 6

ITEM 7

ITEM8

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SCHEDULE 1

Deed Details

Date

Name of Deed

Council

applicant

owner

Subject Site

Special Conditions

Development Application
and Permit

Number of onsite
carparking to be provided

The Commencement Date

Infrastructure Deed in respect of payment of
car parking contributions for a development
permit for 132003.220664.4 — Minor Change
to Development Permit for Material Change
of Use - Extension to existing Shop

NOOSA SHIRE COUNCIL
9 Pelican Street, Tewantin in the State of

Queensland
PO Box 141, Tewantin QLD 4565

TRADERS LANE PTY LTD
ABN 73 657 193 685

522 Cooroy Mountain Road,
COOROY QLD 4563

TRADERS LANE PTY LTD
ABN 73 657 193 685

522 Cooroy Mountain Road,
COOROY QLD 4563

Lot 806 ON C5602

County of MARCH

Parish of TEWANTIN

12 Maple Street COOROY QLD 4563

The Infrastructure Contribution must be paid
in accordance with clause 3.2 of this deed

132003.220664.4 -— Minor Change to
Development Permit for Material Change of
Use — Extension to existing Shop

0

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SCHEDULE 2

Contribution in lieu of off-street parking

The Contributions in lieu of off-street parking are detailed in Table 1:

Table 1 Coniributions in lieu of off-street parking

 

INFRASTRUCTURE CONTRIBUTION

Amount Payable

| Current at: 2025-2026

Financial Year

 

 

Contribution in lieu of off-street parking for 2 car park spaces

$12,714.00

 

TOTAL =
(Subject to indexation applicable at date of payment)

 

 

$25,428.00

 

 

PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION

i. The monetary contribution is payable in accordance will
Agreement.

ii. The monetary contribution is payable before the use commen
is to be paid to Noosa Council.

ii, Methods of payment

h this Infrastructure

ces. The contribution

 

 

 

 

 

 

 

 

 

 

Mail Cheque or money order to be made payable to: Noosa Council
all
PO Box 141, Tewantin, QLD 4565

Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday

ii Person (excludes public holidays)
~~ | Mastercard or Visa only

Credit Card Note: All payments made by credit card will incur a 0.5% surcharge to reflect the

cost of fees charged for credit card transactions.
Direct Bank Payment by electronic transfer direct to Council's Bank Account Is only

available by special arrangement. Contact Infrastructure Enquiries:
Transfer ;

[email protected]

 

 

 

 

iv. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449 during
office hours or alternatively via email: [email protected] a minimum of 5

business days prior to payment of the infrastructure contrib
indexed amounts applicable at the time of payment.

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utions for the current

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EXECUTED AS A DEED.
il u SY a

W
This deed dated this ic day of 2025
BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the

provisions of the Local Government Act 2009
(“Council”)

AND TRADERS LANE PTY LTD ABN 73 657 193 685
‘the applicant” and “the owner’)

SIGNED SEALED AND DELIVERED by the
delegated officer for and on behalf of the
NOOSA SHIRE COUNCIL

Signature

Rate Meerny

Signed/Executed by the applicant and owner: TRADERS LANE PTY LTD ABN 73 657 193 685
(If a company In accordance with Section 127 of the Corporations Act 2001)

Tavis New MCaary Tarr. Env. MCAgTHY....

(Director/Company Secretary Name) (Director Name)

  

   

(Signature) jah acs
fs An Asta haw hegal Hach hend,
wilatn the nea | of fle hoact|
Profevsion Wwitovent Levw / Vidoath\

~LUSTICE & nTTORE
ae aaa

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