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2020-09-08 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




                                                      Page 24 of 154

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020

                                                 -5-

     6.2   Reconfiguring and non-compliance

           If the Subject Property is reconfigured under the Subdivision Approval and the obligations under
          this Deed have not been satisfied, this Deed remains attached to lots 2 and 3 as shown on the
          Subdivision Plan and the owner’s successors in title remain bound by this deed.

     7.   GOODS AND SERVICES TAX

          The federal government has determined that rates and utility charges levied by local
          government will be GST free.    Accordingly, no component for GST is included in this
           Infrastructure Contribution.

    8.    GOVERNING LAW AND JURISDICTION
     8.1  Governing law
          This deed is governed by and construed in accordance with the laws of Queensland.
     8.2  Jurisdiction

           Each party irrevocably:
          (a)   submits to the non-exclusive jurisdiction of the courts of Queensland and the courts
                competent to determine appeals from those courts, with respect to any proceedings
                which may be brought at any time to this deed; and
          (b)   waives any objection it may now or in the future have to the venue of any proceedings,
                and any claim it may now or in the future have that any proceedings have been brought
                in an inconvenient forum, if that venue falls within clause 8.2(a).
    9.     NOTICES
     9.1   Form

          Any notice or other communication to or by any party must be:
          (a)   in writing and in the English language;
          (b)   addressed to the address of the recipient in clause 9.4 or to any other address as the
                recipient may have notified the sender; and
          (c)   be signed by the party or by an Authorised Officer of the sender.

     9.2.  Manner

           In addition to any other method of service authorised by law, the notice may be:
          (a)   personally served on a party;
          (b)   left at the party’s current address for service;
          (c)   sent to the party’s current address for service by prepaid ordinary mail or if the address
                is outside Australia by prepaid airmail;

                                                                                     Page 24 of 154
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