2018-09-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   11 SEPTEMBER 2018




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            11 SEPTEMBER 2018

           POLICY GUIDELINE — Private Landholder Conservation Partnerships
           8.    Indemnity
                 The Owner shall indemnify the Council against all claims, demands, costs, interest penalties
                 and liabilities whatsoever arising out of or in connection with this agreement or its
                 performance or breach, not solely and directly attributable to any breach of the terms of this
                 Agreement by the Council.
           9.    Severability
                 If any provision of this Agreement is found to be invalid, the remainder of the Agreement
                 continues to apply.
           10.   Extent of prohibitions and restrictions
                 None of the prohibitions and restrictions specified in this Agreement will apply to the extent
                 necessary for reasonable protection of human life and property from wildfire or other
                 threatening events.
                 Each party shall pay their own legal costs of and incidental to the preparation of this
                 agreement.
           11.   Service of notices
           11.1. Notice to the Council will be deemed given:
                 by mail 14 days after deposit in the post to the address in Clause 11.2 with postage pre-paid.
           11.2. Address for service of the Council:
                 Chief Executive Officer
                 Noosa Council
                 PO Box 141
                 Tewantin
                 Qld 4565
           11.3. Notice to the Owner under this agreement must be given at the address set out in Clause
                 11.4 and will be deemed to be so given:
                 (a)   14 days after the deposit in the post of Notices to such address with postage pre-paid;
                       or
                 (b)  when delivered by hand to such address.
                 Where reasonably possible, Council shall also confirm by telephone to the Owner that the
                 Notices have been sent.
           11.4. Address for service of the Owner:
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           12.   Time
                 Time shall in all cases be of the essence of this agreement.
           13.   Review
                 Subject to the resources available to the Council, from time to time, the Council and the
                 owner shall jointly review the effectiveness of this Agreement and the EMP.
           14.   Delay
                 No delay by the Council at any time or times in enforcing any of its rights or powers under
                 this Agreement shall prejudice or affect those rights or powers.

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