Appendix D Draft Infrstructure Agreement

“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.

“development” has the meaning given in the Act.

“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




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