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

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




                                                   Page 69 of 231

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              25 MARCH 2014

            “Strategic Plan® means the 1997 Strategic Pian for Noosa Shire.
           - "Superseded Planning Scheme” means the 1997 Strategic Plan for
            Noosa Shire and the Schedule to the Planning Scheme in force
            immediately prior to the commencement of the current planning scheme on
            3 February 2006.
            “Use” has the meaning given in the Act.
            “Works” means the infrastructure works, which the Owner is required to
   .       construct or for, which the Owner makes. a contibution under this
            Agreement.     —                         .           /
      1.6   Other Expressions
            if a term ts not defined in this Agreement it shall unless the context
            otherwise requires, have the meaning given to it by—
 —         fa), the Actor                  —                   “ay    ate    te
    _(b)_ the Macquarie Dictionery in ihe absence of a definition in the Act.              :
      1.6   When Development Approvals Take Effect
            If a provision of this Agreement refers to a Development Approval taking
            effect in accordance with the Act, and there is an appeal to the Court
            affecting the Development Approvel, the appeal will not be taken, for the
            purposes of this Agreement, to be “finally decided” in terms of Section
          . ,3.5.19(c) of the Act until all appeals to the Court of, Appeal and the High   ,
            Court of Australia, and any remittance of the primary appoal'back to the      “a
           Planning and Environment Court, have been finally decided. and no other
            appeal affecting the decision of the Planning and Environment Court is
            possible.     a.         .
      2.    INFRASTRUCTURE AGREEMENT,                        |
      2.1.  This Agreement is intended to constitute an infrastructure agreement under
            the Act.  —                              \
      2.2   With respecttosecton5.2.3ontheAct—*
  .         (a)  The obligations under this Agreement are not affected by a change in
                 Ownership of the Land except as‘' expressly provided: for in this   ~
     7          Agreement! and            Wrike    a v   ees a Ts.                  -
            (b)  The fulfilment of the obligations under this:Agroentent does not
                 depend upon development entitlements that may be ‘affected by a
                 change to a planning instrument.          /  2%
      3.    OBLIGATIONS OF PARTIES                            -

      Makepeace Island Infrastructure Agreement             .          Page 6 of 18

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