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2017-11-13 General Committee Agenda

of 64

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Page 32 of 64

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.
        (g)    An inclusive definition, or an example or particularization of a provision, does not limit
               but may extend that definition or provision.
        (h)    Where a word or expression is defined, other parts of speech and grammatical forms
               of that word or expression have a corresponding definition.
       (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.
       (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.
       “Appeal” refers to an appeal made under chapter 7 of the Repealed Act.
       “Applicant” means the person described in and having its principal place of business 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; and
       (b)     executors, administrators and permitted assigns in the case of a natural person.
       “Calendar Day” means the period from one midnight to the following one.
       “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 and its predecessors, successors,
       transferees and assigns.
       “Development” has the meaning given in the Act or the Repealed Act as may apply.
       “Development Application” has the meaning given in the Repealed Act and refers to the
       Development Application identified in item 7.
       “Development Permit” has the meaning given in the Repealed Act as it applies to the
       Development Application and is identified in item 8.

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