2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               25 MARCH 2014

           “Force Majeure* means an event—
           (a)  being a decree of the Commonwealth Government or the State
                Government, an act of God, industrial disturbance, act of public
                enemy, war, international blockade, public fot, lightning, flood,
                earthquake, fire, storm or other event whether of a kind herein
                specified or otherwise; and
           (b)  — is not within the control of the party claiming Force Majeure:
                an
           (c)  which could not have been prevented by the exercise by that person
                of a standard of foresight, care and diligence consistent with that of a
                prudent and competent person under the circumstances,
           “Item” means an Item in Schedule 1
           *Land’ means the land described in Item 5 of Schedule 1 and includes—
           (a)  any estate or interest 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
           (€)  any estate or interest created in respect of any of the above matters.
  .   ..   “Local Government? has the meaning given in_the Loca! Government Act
           1993.                                                                  .
           “Manager Land Use" means the officer of the Council who heads the
           section of the Council having responsibility for the subject matter in relation
           to which the term is used and includes the officer (if any) for the time being
           acting as the head of that section of the Council.
    ,      “Notice” means any certificale, demand or notice to be made, given or
           servec by a party under this Agreement.
           “Schedule” means a schedule to this Agreement
           “Sell” includes transfer, dispose of, and alienate and “Sale” has the .
           corresponding meaning.
           “Site works" means any works approved for operational work in
           association with the proposed development, but excluding infrastructure
           works, which the Owner is required to construct or for which the Owner is
     ;     to make a contribution under this Agreement.

    Makepeace Island Infrastructure Agreement                         Page 5 of 18

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