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2020-09-08 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




                                                     Page 105 of 154

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020

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

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                                                                                    Page 105 of 154
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