Balance Area definition
Balance Area meant Lot 3 excluding the area defined by metes and bounds in condition 1. Her Honour then went on to say (inter alia) in condition 1 “Only the operational area is to be rezoned to extractive industry.” In condition 1A her Honour said:— “The balance area is to be rezoned to ‘Special Facilities - ancillary quarry operations in accordance with approval and conditions'.” Thereafter, in the Queensland Government Gazette dated 25 March 1994, at pages 1162-3 appeared an Order-in-Council said to commence on 25 March 1994, which relevantly amended the Town Planning Scheme for the whole of the Shire of Maroochy as follows:— Description of Zone from which Zone in which Land Land Rezoned Land Excluded included and Zoning maps and Zoning maps affected affected ▇▇▇ ▇ ▇▇ ▇▇ ▇▇. ▇▇▇▇▇ ▇ ▇▇▇▇ as Partly Extractive Industry 214949 Parish of shown of sheet Zone and partly Special ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ as shown on sheet 29/9 Ex.18 before me is a certified true and correct extract of the Maroochy Shire Council's Town Planning Scheme showing sheet 29. Attached to it is Map No. 29/9 (also certified). This Map No. 29/9 includes a locality sketch showing how Lot 3 has been zoned “Special Facilities” and “Extractive Industry”. There are two separate areas - Lot 3 is divided by a line on map 29/9. I mention now that Alistair ▇▇▇▇▇ ▇▇▇▇▇ died on 10 February 1993. In early May 1994, ▇▇ ▇▇▇▇▇▇▇ the General Manager of the plaintiff received from his solicitors the lease document in triplicate between the plaintiff and ▇▇▇▇▇▇ Coral ▇▇▇▇▇ the defendant. On 23 May 1994, he visited the defendant at her home and gave her the lease for signing. She has declined to sign it. I mention now the pleaded defences relied on at trial; they are:—
1. That a condition precedent to the plaintiff's right to the lease has not been fulfilled, namely that “the gazettal of rezoning of the said land from Rural A Zone to the Extractive Industry Zone under the Town Planning Scheme of the Maroochy Shire Council” has not occurred;
2. That the gazettal of rezoning occurred beyond the time stipulated in the deed of 4 October 1989. To these pleas, the plaintiff has responded by pleading in reply and answer matters which it says:—
(a) show that after the defendant and her husband received the Reasons for Judgment in late January 1992, and thereafter their actions were consistent with a desire and intention to affirm the agreement for lease.
(b) that after gazettal of the rezoning, the actions of the defendant we...
Examples of Balance Area in a sentence
Market Balance Area (MBA) An area within the power system that provides (exchange) schedules that represent a basis for the monitoring of imbalances.
Balance Obligation requirements are defined and governed by the TSO responsible for the Market Balance Area where the Balance Responsible Party operates.
The following definitions are used in this Agreement: Balance Agreement An agreement between the Balance Responsible Party and a Nordic TSO, that stipulates the terms and conditions for balance management in the respective Market Balance Area.
The Balance Area of the Balance Provider is designated by the border metering points in the balance settlement of market participants located in the Balance Provider’s Balance Area.