MCU14/0053 - Response to information request

      "Subject Site" means the land described in item 5 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

      If a 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 Council

      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.


2     INFRASTRUCTURE DEED

2.1   Application of Act

      This Deed constitutes an infrastructure agreement under the Act.

2.2   Deed to bind successors in title

      The Owner consents to the obligations of the Proponent under this deed being
      attached to the Subject Site and being binding on the Owner and the Owner's
      successors in title in accordance with Section 663 (When infrastructure
      agreements bind successors in title) of the Act.

3     APPEAL

3.1    Application of this clause

       This clause applies if item 9 is completed.

3.2     Proponent to Discontinue Appeal

      Within 2 weeks of the Commencement Date, the Proponent must file and serve
      all documents necessary to, or obtain the court's leave to, discontinue the
      Appeal, pursuant to rule 15 of the Planning and Environment Court Rules 2010.




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