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

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

GOODS AND SERVICES TAX

The federal government has determined that rates and utility charges levied by local
government will be GST free. Accordingly, no component for GST is included in this
Infrastructure Contribution.

DEFAULT BY OWNER OR APPLICANT

Rights of the Council on default

If the owner fails to duly perform and fulfil any or all of its obligations under Clause 3

the Council may recover from the applicant the whole or any amount of the

Infrastructure Contribution not paid and its costs of recovery.

Application of money

The Council may apply any sum recovered or received by it pursuant to Clause 5.1

(rights of the Council on default) as far as the sum may extend to or towards all or

any one or more of the following:

(a) reduction or discharge of the amount payable by the owner under this Deed;
and

(b) reimbursing itself for the cost of works done and/ or for any damages or costs
suffered by it as a consequence of such non payment.

RECONFIGURATION OF THE SUBJECT SITE

Reconfiguring and compliance

If the Subject Site is reconfigured under the provisions of the Act and the obligations

under this Deed have been satisfied, then this Deed no longer remains attached to

the reconfigured lots and the owner's successors in title are not bound by this deed.

Reconfiguring and non-compliance

If the Subject Site is reconfigured under the provisions of the Act and the obligations

under this Deed have not been satisfied, this Deed remains attached to the

reconfigured lots and the owner's successors in title remain bound by this deed.

SERVICE

Service by prepaid post

A Notice is sufficiently made, given or served by a party if left at or forwarded by

prepaid post in an envelope addressed to the other party or any of them (where there

are more persons than one person comprising the other party) at the address of that

party specified in Schedule 1.

Deemed service

A Notice if sent by prepaid post is deemed to have been made, given or served at

the time when in the due course of the post it would be delivered at the address to

which it is directed whether or not it is actually received.

Proof of service

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