2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




                                                   Page 52 of 147

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                    3 MARCH 2015

                               (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 to a Calendar Day.
                        (b)    The   clause  headings   appearing   in this  deed   are  inserted  for
                               convenience of reference and do not affect the construction of the deed.
                        (c)    If any words are italicised or otherwise printed differently, this has been
                               done for convenience only and does not affect the construction of this
                               deed.
                        (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.
                        (g)    An inclusive definition, or an example or particularization of a provision,
                               does not limit but may extend that definition or provision.
                        (h)    Where a word or expression is defined, other parts of speech and
                               grammatical forms of that word or expression have a corresponding
                               definition.
                       (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.
                       (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 Sustainable Planning Act 2009 (the “SPA’).
                        “Appeal” refers to an appeal made under Chapter 7 of the Act..
                        “Applicant” means the person described in and having its address at the place
                       described in item 4 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.

                                                        5 of 20

                                                                                                    Page 52 of 147