2020-08-31 SM - Item 2 - Attachment 3 - Deed of Agreed Delivery Arrangement

Agreed Delivery Arrangement

      Business Day has the meaning given in the Acts Interpretation Act 1954 for the
      Administering Agency’s local government area.

      Change Notice means a notice issued by the Administering Agency that approves a
      change to the Authority, which is made pursuant to, and in accordance with the Planning
      Act.

      Chief Executive Officer means the Chief Executive Officer of the Administering Agency or
      delegate.

      Commencement Date means the commencement of this agreement pursuant to clause 2.3.

      CPI means the Consumer Price Index.

      Entity means Stockwell Development Group Pty Ltd.

      Environmental Offset has the meaning given under the EO Act.

      EO Act means the Environmental Offsets Act 2014.

      Financial Settlement Offset has the meaning given by the EO Act.

      Financial Settlement Offset Amount means a contribution that equates to $1,132,996.29for
      offsetting the Impact Area (which is determined on the basis of the calculation under the
      Financial settlement offset calculator for environmental offsets, with a credit in recognition of
      previous dedications and contributions made pursuant to the Infrastructure Agreement for the
      Noosa Shire Business Centre dated 3 October 2003), subject to any requirement in the Notice
      of Decision for the Environmental Offset to be delivered in a different way.

      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.

      Impact Area means the area that the development the subject of the Authority will have a
      Significant Residual Impact on as identified in the Authority Offset Condition, specifically
      12.4943ha of vegetation, including koala habitat (as shown on the plan by Norris Clarke &
      O’Brien Pty Ltd (reference 10651BHP Rev C) dated 24 August 2020) which appears in
      Schedule 2, in the Administering Agency’s local government area. The Impact Area will be
      subject to any changes made by way of a Change Notice, unless otherwise stated in this
      agreement.

      Land means the land specified in the property description and property location in the Notice
      of Decision.

      Notice of Decision means the notice given by the Administering Agency to the Entity
      pursuant to section 19(3) of the EO Act which states that the way in which the Entity is
      required to deliver the Environmental Offset is by way of a Financial Settlement Offset,
      which is identified in Item 1 of Schedule 1.



HopgoodGanim Lawyers                                                                         Page 2 of 12
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