NC Infrastructure deed signed

 

1.4

(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.

Definitions
In this deed:
“Act means the Sustainable Planning Act 2009 (the “SPA’).

“Adopted Infrastructure Charges Resolution” or “AICR” means the Noosa
Shire Council Adopted Infrastructure Charges Resolution (No.1) 2014.

“Appeal” means the appeal described in item 9.

“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 Schedule 1, Item 3 and
its predecessors, successors, transferees and assigns.

“Development” has the meaning given in the Act.

“Development Application” has the meaning given in the Act as it applies to
the Application and identified in item 7.

“Development Permit’ has the meaning given in the Act as it applies to the
Application and identified in item 8.

“Force Majeure” means an event:

(a) being a decree of the Commonwealth Government or the state
Government, an act of God, industrial disturbance, act of public enemy,
war, international blockade, public riot, lightning, flood, earthquake, fire,
storm or other event whether of a kind herein specified or otherwise;
and

(b) which is not within the control of the party claiming Force Majeure; and

(c) which could not have been prevented by the exercise by that person of
a standard of foresight, care and diligence consistent with that of a
prudent and competent person under the circumstances.

“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

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