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2020-08-31 SM - Item 2 - Attachment 2 - Infrastructure Agreement
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Title Reference [to issue]
1. DEFINITIONS
In this Easement unless the contrary intention appears:
(a) Authorised Users means:
(i) the Grantee; and
(ii) the registered proprietor for the time being of the dominant tenement;
(iii) their tenants, servants, agents, contractors, sub-contractors, invitees and licensees
(b) Benefited Land means the land described as the dominant tenement in item 2 of the Form 9 in this
Easement and includes any lot created by the subdivision or reconfiguration that land or a part of that land.
(c) Burdened Land means the land described as the servient tenement in item 2 of the Form 9 in this
Easement and includes any lot created by the subdivision or reconfiguration of that land or a part of that
land.
(d) Grantee means the registered proprietor from time to time of the Benefited Land.
(e) Grantor means the registered proprietor from time to time of the Burdened Land.
2. RULES FOR INTERPRETING THIS DOCUMENT
Headings are for convenience only and do not affect the interpretation of this document. The following rules also
apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or
replaced, and includes any subordinate legislation issued under it;
(ii) a document or agreement, or a provision of a document or agreement, is to that document,
agreement or provision as amended, supplemented, replaced or novated;
(iii) a party to this document, or a party to any other document or agreement, includes that party’s
executors, administrators, successors in title, permitted substitutes or permitted assigns;
(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a
separate legal identity, and any executor, administrator or successor in law of the person;
(v) anything (including a right, obligation or concept) includes each part of it;
(vi) the words ‘in writing’ include any communication sent by letter or fax;
(vii) any body or agency, if that body or agency ceases to exist, is renamed, reconstituted, replaced or
has its powers or functions removed (‘defunct body’), means the agency or body which performs
most closely the functions of the defunct body;
(viii) AUD$, A$, $A, dollar or $ is to Australian currency;
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