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2018-06-27 SM - Attachment 2 to Item 1 - Draft Funding Deed
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Expiry Date means the expiry date specified in Item 2 of Schedule 1.
Force Majeure means any event beyond the reasonable control of the party affected which occurs
without fault or negligence of the affected party and includes:
(a) acts of God;
(b) war, riot, insurrection, vandalism or sabotage;
(c) strike, lockout, ban, limitation of work or other industrial disturbance; and
(d) law, rule or regulation of any government or governmental agency and executive or
administrative order or act of general or particular application.
Funding Contribution means the amount of funds from each Contributor as set out in Item 3 of
Schedule 1.
Gazettal means on the date that a minimum of 90% of the relevant land is:
(a) declared a Conservation Park with Council as trustee; or
(b) dedicated as a National Park, or
(c) both (a) and (b),
with the area of land so declared or dedicated being the PLA, with the parties agreeing that, any
minor changes to such land (including a boundary realignment, such as road reserves or access
tracks), not being grounds to prevent the release of the Funding Contribution to the Department in
accordance with clause 4.2.
GST means a goods and services tax or any similar tax, levy or impost imposed by the
Commonwealth of Australia.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
HQP means Hancock Queensland Plantations Pty Ltd ABN 30 412 129 342)
Interest means the interest which accrues on the Funding Contribution while being held by the
Department at Queensland Treasury Corporation.
National Park has the meaning set out Nature Conservation Act 1992 (Qld)
NCA means the Nature Conservation Act 1992 (Qld)
Non-PLA (Non-PLA) means the area of approximately 910 ha of State Forest Timber Reserve under
the Forestry Act 1959.
Plan means the plan (marked ‘Plan A’) annexed to this deed and marked Annexure.
Plantation Licence Areas or PLA means an area of approximately 1,492 ha of State Forest subject
to one or more plantation licence/s in favour of HQP under the Forestry Act 1959 as defined in the
Background.
Representative means an employee, agent, officer, director, contractor, subcontractor or other
authorised representative of a party.
Special Conditions means any special conditions specified in Item 4 of Schedule 1.
Term has the meaning specified in clause 14.1.
17.2 Interpretation
In this deed:
(a) headings are for convenience only and do not affect interpretation;
and unless the context indicates a contrary intention:
(b) if more than one person is identified as the Contributors, then that expression refers to them,
and the obligations of the Contributors under this deed bind them severally, not jointly and
severally;
(c) person includes an individual, the estate of an individual, a corporation, an authority, an
association or a joint venture (where incorporated), a partnership and a trust;
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