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

“Planning Scheme” means the planning scheme of the Council applicable for the
Subject Site.

“Special Conditions” means the conditions specified in item 6 of Schedule 1 with
which the Owner must comply.

“Subject Site” means the land described in item 5 of Schedule 1 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.

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.

Rights and Obligations

Where rights or obligations are in respect to any contributions or works those rights
shall be rights in favour of Council and those obligations shall be obligations to
Council.

INFRASTRUCTURE DEED

Application of Act

This Deed constitutes an infrastructure agreement under the Act.

Warranty of Ownership

The owner warrants that, at the time of signing this agreement, it is the owner of the
land.

Deed to bind successors in title

The owner consents to the obligations under this Deed being attached to the Subject
Site and binding on the owner and the owner’s successors in title in accordance with
Section 155 (When infrastructure agreements bind successors in title) of the Act.

Deed conditional upon approval of Development Application

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