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

Agreed Delivery Arrangement

      Notice of Election means the notice given by the Entity to the Administering Agency
      pursuant to section 18 of the EO Act which elects to deliver the Offset Condition by way of a
      Financial Settlement Offset, namely:

      (a)     Environmental Offsets Delivery Form 1 –Notice of Election and Advanced Offset
              Details; and

      (b)     Environmental Offsets Delivery Form 4 – Financial Settlement Details which is
              specified in the Notice of Decision.

      Offset Condition has the meaning given in the EO Act.

      Owner has the meaning given under Planning Act.

      Planning Act means the Planning Act 2016.

      Reconfiguring a Lot has the meaning given under Planning Act.

      Significant Residual Impact has the meaning given in the EO Act.


1.2    Interpretation

       In this agreement, unless a contrary intention appears, reference to:

       (a)    A clause is to a clause in this agreement.

       (b)    The singular includes the plural and vice versa.

       (c)    Any gender includes all other genders.

       (d)    A person includes a firm, a corporation, an association and a body, whether
              incorporated or not and a government or statutory body or authority.

       (e)    Legislation (including subordinate legislation) includes:

              (1)       statutory instruments under the legislation; and

              (2)       consolidations, amendments, re-enactments or replacements of the legislation;
                        and

              (3)       writing includes any mode of representing or reproducing words in tangible and
                        permanently visible form and includes facsimile transmission; and

              (4)       this or any other agreement includes the agreement as varied or replaced and
                        is not affected by any change in the identity of the parties; and

              (5)       a day is to a business day.

       (f)    The clause headings appearing in this agreement are inserted for convenience of
              reference and do not affect the construction of this agreement.

       (g)    If any words are italicised or otherwise printed differently, this has been done for
              convenience only and does not affect the construction of this agreement.

       (h)    Whenever more persons than one constitute a party all the covenants, agreements,
              conditions, restrictions and provisos on the part of that party contained or implied in
              this agreement bind those persons jointly and each of them severally.


HopgoodGanim Lawyers                                                                          Page 3 of 12
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