Dedication of land. 11.1 The Developer is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities. 11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing. 11.3 The Basin 3 and Channel 1 Land is dedicated for the purposes of this Deed when: 11.3.1 a deposited plan is registered in the register of plans held with the Registrar-General that dedicates or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇, or 11.3.2 the Council is given: (a) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered, (b) the written consent to the registration of the transfer of any person whose consent is required to that registration, and (c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. 11.4 The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. 11.5 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council. 11.6 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
Appears in 2 contracts
Dedication of land. 11.1 The Developer 10.1 A Development Contribution comprising the dedication of land is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated made for the purposes of this Deed when:
11.3.1 10.1.1 the Council is provided with:
(a) a Clearance Certificate that is valid at the time of dedication of land, or
(b) the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and
10.1.2 one of the following has occurred:
(a) a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇Act 1993, or
11.3.2 (b) the Council is given:
(a) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer as transferor given evidence that lodgement and registration of a transfer that is effective to transfer the title to the land to the Council when executed has been effected by the Council as transferee and registered,
(b) the written consent to the registration means of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transferelectronic lodgement through Property Exchange Australia Ltd or another ELNO.
11.4 10.2 The Developer is to do all things reasonably necessary to enable the lodgement and registration of the relevant instrument of transfer to occur.
11.5 10.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council.
11.6 10.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. 11.1 The Developer 15.1 A Development Contribution comprising the dedication of land is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated made for the purposes of this Deed when:
11.3.1 15.1 a deposited plan is registered in the register of plans held with the Registrar-Registrar- General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇Act 1993, or
11.3.2 15.2 the Council is given:
(a) 15.2.1 an instrument in registrable registerable form under the Real Property ▇▇▇ ▇▇▇▇ Act 1900 duly executed by the Developer as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(b) 15.2.2 The written consent to the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a 15.2.3 A written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.
11.4 15.2 The Developer developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 15.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except with the exception of the Permitted Encumbrances and as otherwise agreed in writing by the Council.
11.6 15.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectationsaffectations (except the Permitted Encumbrances), the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
15.5 Despite any other provision of this Deed, if the Developer is required to dedicate land to the Council on which the Developer is also required to carry out a Work under this Deed, the Developer is to comply with clause 15.1.2 not later than 28 days after the Work is completed for the purposes of this Deed.
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. 11.1 12.1 The Developer is Landowners are to dedicate the Basin 3 and Channel 1 Road Land to the Council free of cost to the Council for the purposes of water cycle traffic and transport management facilities.
11.2 12.2 The Basin 3 and Channel 1 Road Land is to be dedicated not later than 7 30 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Garfield Road Extension Work is complete or at such earlier time as directed by the Council in writing.
11.3 12.3 The Basin 3 and Channel 1 Road Land is dedicated for the purposes of this Deed when:
11.3.1 12.3.1 a deposited plan is registered in the register of plans held with the Registrar-General that dedicates or creates that land as a public reserve or drainage reserve road under the Local Government Roads ▇▇▇ ▇▇▇▇, or
11.3.2 12.3.2 the Council is given:
(a) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer Landowners as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(b) the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.
11.4 12.4 The Developer is Landowners are to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 12.5 The Developer is Landowners are to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council.
11.6 12.6 If, having used all reasonable endeavours, the Developer Landowners cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but and the Council may not withhold its agreement in its absolute discretion.
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. 11.1 The Developer A Development Contribution comprising the dedication of land is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated made for the purposes of this Deed when:
11.3.1 11.1.1 the Council is given:
(a) a Clearance Certificate that is valid at the time of dedication of the Dedication Land, or
(b) the Foreign Resident Capital Gains Withholding Amount in respect of the Dedication Land, and
11.1.2 One of the following has occurred:
(a) a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇Act 1993, or
11.3.2 (b) Council is given evidence that a transfer of the Dedication Land to the Council is given:
(a) an instrument in registrable form under the Real Property ▇▇▇ has been effected by means of electronic lodgement and registration through ▇▇▇▇ duly executed by the Developer as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(b) the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transferor another ELNO.
11.4 11.2 The Developer and Council (at the Developer’s cost) is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 11.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council.
11.6 11.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that the Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. 11.1 The Developer 13.1 A Development Contribution comprising the dedication of land is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated made for the purposes of this Deed when:
11.3.1 13.1.1 the Council is provided with:
(a) a Clearance Certificate that is valid at the time of dedication of land, or
(b) the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and
13.1.2 one of the following has occurred:
(a) a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads Act 1993 (NSW) or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇Act 1993 (NSW) , or
11.3.2 (b) the Council is given:
(ai) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ Act 1900 duly executed by the Developer registered proprietor as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(bii) the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(ciii) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer, Or
(c) the Council is given evidence that a transfer has been effected by means of electronic lodgement through ▇▇▇▇ or another ELNO.
11.4 13.2 The Developer Landowner is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 13.3 The Developer Landowner is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except as otherwise agreed in writing by the Council.
11.6 13.4 If, having used all reasonable endeavours, the Developer Landowner cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectations, the Developer Landowner may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
13.5 Despite any other provision of this Deed, if the Landowner is required to dedicate land to the Council on which the Developer is also required to carry out a Work under this Deed, the Landowner is to comply with clause 13.1.2(b) not later than 7 days after the Work is completed for the purposes of this Deed
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. 11.1 The Developer 15.1 A Development Contribution comprising the dedication of land is to dedicate the Basin 3 and Channel 1 Land to the Council free of cost to the Council for the purposes of water cycle management facilities.
11.2 The Basin 3 and Channel 1 Land is to be dedicated not later than 7 days after the Council notifies the Developer in writing that the Basin 3 and Channel 1 Work is complete or at such earlier time as directed by the Council in writing.
11.3 The Basin 3 and Channel 1 Land is dedicated made for the purposes of this Deed when:
11.3.1 15.1 a deposited plan is registered in the register of plans held with the Registrar-Registrar- General that dedicates land as a public road (including a temporary public road) under the Roads ▇▇▇ ▇▇▇▇ or creates that land as a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇, or
11.3.2 15.2 the Council is given:
(a) 15.2.1 an instrument in registrable registerable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer as transferor that is effective to transfer the title to the land to the Council when executed by the Council as transferee and registered,
(b) 15.2.2 The written consent to the written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a 15.2.3 A written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer.
11.4 15.2 The Developer developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.5 15.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except with the exception of the Permitted Encumbrances and as otherwise agreed in writing by the Council.
11.6 15.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated to the Council under this Deed is free from all encumbrances and affectationsaffectations (except the Permitted Encumbrances), the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
15.5 Despite any other provision of this Deed, if the Developer is required to dedicate land to the Council on which the Developer is also required to carry out a Work under this Deed, the Developer is to comply with clause 15.1.2 not later than 28 days after the Work is completed for the purposes of this Deed.
Appears in 1 contract
Sources: Planning Agreement