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

                   4.         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.

                   5.         DEFAULT BY OWNER OR APPLICANT

                   5.1        Rights of the Council on default

                              If the owner fails to duly perform and fulfil any or all of its obligations under Clause 3
                              the Council may recover from the applicant the whole or any amount of the
                              Infrastructure Contribution not paid and its costs of recovery.

                   5.2        Application of money

                              The Council may apply any sum recovered or received by it pursuant to Clause 5.1
                              (rights of the Council on default) as far as the sum may extend to or towards all or
                            · any one or more of the following:

                              (a)       reduction or discharge of the amount payable by the owner under this Deed;
                                        and
                              (b)       reimbursing itself for the cost of works done and/ or for any damages or costs
                                        suffered by it as a consequence of such non payment.

                   6.         RECONFIGURATION OF THE SUBJECT SITE

                   6.1        Reconfiguring and compliance

                              If the Subject Site is reconfigured under the provisions of the Act and the obligations
                              under this Deed have been satisfied, then this Deed no longer remains attached to
                              the reconfigured lots and the owner's successors in title are not bound by this deed.

                   6.2        Reconfiguring and non-compliance

                              If the Subject Site is reconfigured under the provisions of the Act and the obligations
                              under this Deed have not been satisfied, this Deed remains attached to the
                              reconfigured lots and the owner's successors in title remain bound by this deed.

                   7.         SERVICE

                   7.1        Service by prepaid post

                              A Notice is sufficiently made, given or served by a party if left at or forwarded by
                              prepaid post in an envelope addressed to the other party or any of them (where there
                              are more persons than one person comprising the other party) at the address of that
                              party specified in Schedule 1.

                   7.2        Deemed service

                              A Notice if sent by prepaid post is deemed to have been made, given or served at
                              the time when in the due course of the post it would be delivered at the address to
                              which it is directed whether or not it is actually received.

                   7.3        Proof of service



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