Surrender of right of appeal, etc. 7.1 The Developer is not to commence or maintain, or to cause or procure the commencement or maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Development in so far as the subject-matter of the proceedings relates to this Deed.
Surrender of right of appeal, etc. 4.1 The Developer is not to commence or maintain, or cause to be commenced or maintained, any proceedings in the Land and Environment Court involving an appeal against, or questioning the validity of, a Development Consent relating to the Development or an approval under s96 of the Act to modify a Development Consent relating to the Development to the extent that it relates to the existence of this Agreement or requires any aspect of this Agreement to be performed according to the terms of this Agreement.
Surrender of right of appeal, etc. 6.1 No Party is to commence or maintain, or cause to be commenced or maintained, any proceedings in the Land and Environment Court concerning:
Surrender of right of appeal, etc. 6.1 The Developer is not to commence or maintain, or cause to be commenced or maintained, any proceedings in the Land and Environment Court concerning:
Surrender of right of appeal, etc. 4.1 The Applicant, Project Manager, the Developer and, Xxxxx & Xxxxxxx, are not to commence or maintain, or cause to be commenced or maintained, any proceedings in the Land and Environment Court involving an appeal against, or questioning the validity of, a Development Consent or Project Approval relating to the Development or an approval under s96 of the Act to modify a Development Consent relating to the Development to the extent that it relates to the existence of this Agreement or requires any aspect of this Agreement to be performed according to the terms of this Agreement, and they must ensure that none of the Registered Proprietors commence or maintain or cause to be commenced or maintained any such proceedings.
Surrender of right of appeal, etc. The Developer is not to commence or maintain, or to cause or procure the commencement or maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Development Application in so far as the subject matter of the proceedings relates to this Deed. Clause 7.1 does not restrict the Developer or person with the benefit of the Development Consent issued in relation to the Development Application from commencing an appeal in the Land and Environment Court in relation to any subsequent development application or application to modify the Development Consent the subject of this Deed, provided that the subject matter of the appeal does not relate to this Deed or any condition of Development Consent requiring entry into this Deed. Application of s 94, s 94A and s 94EF of the Act to the Development This Deed does not exclude the application of s 94 or s 94A or s 94EF of the Act to the Development. The Development Contribution provided by the Developer will not be taken into consideration in determining any Development Contribution under s 94 or s 94A of the Act.
Surrender of right of appeal, etc. (a) The Developer is not:
Surrender of right of appeal, etc. The Developer is not to commence or maintain, or to cause or procure the commencement or maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Development in so far as the subject-matter of the proceedings relates to this Deed. Application of s7.11, s7.12 and s7.24 of the Act to the Development This Deed excludes the application of s7.11, s7.12 and s7.24 of the Act to the Development to the extent provided for in Items 4, 5 and 6 in Schedule 1 respectively. The benefits under this Deed are to be taken into consideration in determining a Development Contribution under s7.11 of the Act to the Development to the extent provided for in Item 7 in Schedule 1. Provision of Development Contributions The Developer is to make Development Contributions to the Council in accordance with Schedule 2, any other provision of this Deed relating to the making of Development Contributions and otherwise to the satisfaction of the Council. A Contribution Value specified in this Deed is to be indexed from the date of this Deed in accordance with the index specified in Item 8 of Schedule 1. [Include this clause only if Contribution Values are specified in this Deed]. Any Contribution Value specified in this Deed in relation to a Contribution Item comprising a Work to be carried out or Dedication Land does not serve to define the extent of the Developer’s obligation to make the Development Contribution [Include this clause only if Contribution Values are specified in this Deed]. The Council is to apply each Development Contribution made by the Developer under this Deed towards the public purpose for which it is made and otherwise in accordance with this Deed. Despite clause 9.4, the Council may apply a Development Contribution made under this Deed towards a public purpose other than the public purpose specified in this Deed if the Council reasonably considers that the public interest would be better served by applying the Development Contribution towards that other purpose rather than the purpose so specified. [If Council will provide any offset or credit arrangement under this Deed then a provision should be inserted here dealing with such arrangements.] Part 2 – Provisions relating to monetary contributions Payment of monetary Development Contributions The Developer is to pay to the Council monetary Development Contributions specified in Part A of Schedule 2 in the man...
Surrender of right of appeal, etc. The Developer is not to commence or maintain, or to cause or procure the commencement or maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Development in so far as the subject-matter of the proceedings relates to this Deed. Application of s7.11, s7.12 and s7.24 of the Act to the Development This Deed [excludes/does not exclude]* [Drafting Note. Delete whichever is not applicable] the application of s7.11 of the Act to the Development. [Drafting Note 1. The Deed may wholly or partially exclude the application of s7.11. If only partially, particulars of the exclusion must be provided.] [Drafting Note 2. If the Deed does not wholly exclude the application of s7.11, a clause is required to stipulate whether any benefits under this Deed should be taken into consideration when determining a development contribution under s7.11 of the Act in relation to the Development.] This Deed [excludes/does not exclude]* [Drafting Note. Delete whichever is not applicable] the application of s7.12 of the Act to the Development. [Drafting Note. The Deed may wholly or partially exclude the application of s7.12. If so, particulars of the exclusion must be provided.] This Deed does not exclude the application of s7.24 of the Act to the Development.
Surrender of right of appeal, etc. 6.1 The Owner is not to commence or maintain, or to cause or procure the commencement or maintenance, of any proceedings in any court or tribunal or similar body appealing against, or questioning the validity of this Deed, or an Approval relating to the Development in so far as the subject-matter of the proceedings relates to this Deed.
