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2020-01-13 General Committee Agenda

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GENERAL COMMITTEE MEETING AGENDA   13 JANUARY 2020




                                     Page 51 of 172

GENERAL COMMITTEE MEETING AGENDA                                                               13 JANUARY 2020

                           (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
                           (viii) aday 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 part 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 /nterpretation 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
                      “Council” means the Local Government described in Item 3 of Schedule 1 and its
                      predecessors, successors, transferees and assigns.
                      “development” has the meaning given in the Act.
                      “development application and development permit” have the meanings given
                      in the Act and are identified in Item 7 of Schedule 1.                                LA
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                                                                                                   Page 51 of 172
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