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2020-10-12 GC Agenda - Item 6 - Attachment 2 - Infrastructure Agreement

of 13

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“development application and development permit” have the meanings given
                      in the Act and are identified in Item 7 of Schedule 1.

                      “Index Number’ means the Consumer Price Index - Index Numbers; All Groups
                      CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index
                      is suspended or discontinued or if different factors are used to determine the same
                      Index, the Index Number shall be such an Index as the Council and Owner agree
                      reflects increases in the costs of living in Brisbane. In default of such agreement
                      such Index will be as determined on the application of either party to the President
                      of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as
                      an expert and not as an arbitrator and whose decision shall be conclusive.
                      “infrastructure charges notice" has the meaning given in the Act.
                      “Infrastructure Contribution” mean the contribution in lieu of car parking spaces
                      required under clause 3.2.
                      “local government’ has the meaning given in the Local Government Act 2009.
                      “local government area” has the meaning given in the Local Government Act
                      2009.

                      “lot” has the meaning given in the Act.
,                     “Notice” means any certificate, demand or notice to be made, given or served by
                      a party under this deed.
                      “owner” has the meaning given in the Act and is the person described in item 4A
                      of Schedule 1.

                      “Planning Scheme’ means the planning scheme of the Council applicable for the
                      Subject Site.
                      “Special Conditions” means the conditions specified in item 6 of Schedule 1 with
                      which the Owner and Applicant must comply.
                      “Subject Site” means the land described in item 5 of Schedule 1 and includes:
                      (a)   any interest or estate in, on, over or under the land; and
                      (b)  the airspace above the surface of the land and any estate or interest in the
                            land; and
                      (c)  the subsoil of the land and any estate or interest in the subsoil; and
                      (d)   any part or parts of the land; and
                      (e)  any estate or interest created in respect of any of the above matters.
                      “use” has the meaning given in the Act.
                1.5   Other Expressions
                      If a term is not defined in this Deed it shall unless the context otherwise requires,
                      have the meaning given to it by:
                      (a)  the Act; or
                      (b)  the Macquarie Dictionary in the absence of a definition in the Act.
                1.6   Rights and Obligations
                      Where righis or obligations are in respect to any contributions or works those rights
                      shall be rights in favour of Council and those obligations shall be obligations to
                      Council.
                                                     Page 5 of 13                           TL.
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