PLANNING & ENVIRONMENT REPORT - 132001 210127 3 - FINAL VERSION [As Published]

                              (d)       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.

                              (e)       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.

                              (f)       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').

                              "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

                              "Council" means the Local Government described in Item 3 of Schedule 1 and its
                              predecessors, successors, transferees and assigns.

                              "Council Land" means the land described in item 7 of Schedule 1.

                              "development" has the meaning given in the Act.

                              "Infrastructure Contribution" mean the maintenance contribution 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 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.




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Document Set ID: 22389362
Version: 24, Version Date: 05/07/2023