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2015-03-03 Planning & Organisation Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




                                                   Page 54 of 147

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   3 MARCH 2015

                       “Planning Scheme” means the planning scheme of the Council applicable for
                       the subject site.
                       “Public Office” has the meaning given in the Local Government Act 2009.
                       “Purchaser” means the purchaser of the Subject Site from the Owner.
                       “Relevant Period” has the meaning given in the Act.
                       “Sell”  includes transfer,  dispose  of and   alienate and   “Sale”  has the
                       corresponding meaning.
                       “Special Conditions” means the conditions specified in Item 8 with which the
                       Owner and Applicant must comply.
                       “Subject Site” means the land described in Item 5 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
                       (d)     any part or parts of the land; and
                       (e)     any estate or interest created in respect of any of the above matters
                       “Use” has the meaning given in the Act.
                1.5    Other Expressions
                       If a term is not defined in this Deed it shall unless the context otherwise
                       requires, have the meaning given to it by:
                       (a)      the Act; or
                       (b)      the Macquarie Dictionary in the absence of a definition in the Act.
                1.6 — Rights and Obligations Council
                       Where rights or obligations are in respect to contributions or works those rights
                       shall be rights in favour of Council and those obligations shall be obligations to
                       Council.

                2      INFRASTRUCTURE DEED
                2.1    Application of Act
                       This Deed is intended to constitute an infrastructure agreement under the Act.
                2.2    Deed to bind successors in title

                       The Applicant as Owner consents to the obligations of the Applicant under this
                       deed being attached to the Subject Site and binding on the Applicant and the
                       Applicant's successors in title in accordance with Section 674 (When
                       infrastructure agreements bind successors in title) of the Act.

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                                                                                                    Page 54 of 147
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