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2021-08-10 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   10 AUGUST 2021




                                                    Page 38 of 165

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   10 AUGUST 2021

                   (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
                   (vill) 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.

                                                                                    Page 38 of 165
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