Appendix D Draft Infrstructure Agreement

                   (B)   consolidations, amendments, re-enactments or replacements of
                         the legislation; and

            (vi)   writing includes any mode of representing or reproducing words in
                   tangible and permanently visible form and includes facsimile
                   transmission; and

            (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) a day 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 Interpretation Act
      1954 (Qld).




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