Infrastructure deed of construction of Access, Track, Maintenance of Veg STP24-0253 Application for Operational Works Fire Trail - 80 Cooyar Street Noosa Heads · OPW24/0118

Document Set ID: 22512401
Version: 1, Version Date: 21/07/2023


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Document Set ID: 22512401

(d) 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.

(e) 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 unless stated otherwise.

(f) 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.

Definitions

In this deed:

“Act” means the Planning Act 2016 (the “Act’).

“Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act
1954 (Qld).

"Chief Executive Officer" means the Chief Executive Officer of the Council and
includes the person (if any) for the time being acting as Chief Executive Officer.

“Commencement Date” means the date when this deed commences being the date
when the last party executes this deed

"Council" means the Local Government described in Item 3 of Schedule 4 and its
predecessors, successors, transferees and assigns.

“Council Land” means the land described in item 7 of Schedule 1,
“development’ has the meaning given in the Act.

“Infrastructure Contribution” mean the maintenance contribution required under
clause 3.2.

“local government’ has the meaning given in the Local Government Act 2009.
“local government area” has the meaning given in the Local Government Act 2009.
“lot” has the meaning given in the Act.

“Notice” means any certificate, demand or notice to be made, given or served by a
party under this deed.

“owner” has the meaning given in the Act and is the person described in item 4 of
Schedule 1 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.

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Version: 1, Version Date: 21/07/2023