Common use of Anti-avoidance Clause in Contracts

Anti-avoidance. (a) The State will not cause, or suffer, the alteration of the terms or conditions of a proposed land use activity to which this LUAA would apply for the primary purpose of avoiding any of the following: (i) a Land Use Activity that would otherwise be categorised as an Agreement Activity from falling into that category; (ii) a Land Use Activity that would otherwise be categorised as a Negotiation Activity, Class A, from falling into that category; (iii) a Land Use Activity that would otherwise be categorised as a Negotiation Activity, Class B, from falling into that category. (b) The State agrees that the allocation of a Commercial Lease will be subject to a competitive allocation process, unless an exemption to enter into direct negotiations is approved by the Relevant Land Minister or delegate. (c) The State agrees that where the allocation of a Commercial Lease falls into the Advisory category, and is intended to be allocated through a direct negotiation process to a person who has previously held a Lease over the same area of land, then the Decision Maker will notify the Corporation of this intent, and advise the Relevant Land Minister or delegate of any concerns raised by the Corporation within a period of 10 working days since the Corporation received the notification.

Anti-avoidance. ‌ (a) The State will not cause, or suffer, the alteration of the terms or conditions of a proposed land use activity Land Use Activity to which this LUAA would apply for the primary purpose of avoiding any of the following: (i) a Land Use Activity that would otherwise be categorised as an Agreement Activity from falling into that category; (ii) a Land Use Activity that would otherwise be categorised as a Negotiation Activity, Class A, from falling into that category; (iii) a Land Use Activity that would otherwise be categorised as a Negotiation Activity, Class B, from falling into that category. (b) The State agrees that the allocation of a Commercial Lease will be subject to a competitive allocation process, unless an exemption to enter into direct negotiations is approved by the Relevant Land Minister or delegate. (c) The State agrees that where the allocation of a Commercial Lease falls into the Advisory category, and is intended to be allocated through a direct negotiation process to a person who has previously held a Lease over the same area of land, then the Decision Maker will notify the Corporation of this intent, and advise the Relevant Land Minister or delegate of any concerns raised by the Corporation within a period of 10 working days Business Days since the Corporation received the notification.