February 5, 2021 - Statement in relation to the Port Hinchinbrook Conformed Deed
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Statement in relation to the Port Hinchinbrook Conformed Deed
Statement attributed to a Council Spokesman:
Council has been made aware of concerns regarding the structure of the Port Hinchinbrook Conformed Deed.
To clarify, Council maintains its position as follows.
Whether or not the Deed has been formally assigned:
1. The Conformed Deed (Deed) has effect as an infrastructure agreement under the Planning Act 2016, and, as such, the responsibilities under the Deed attach to the land comprising the Port Hinchinbrook development (Land) and binds the owners of the Land and the owners’ successors in title;
2. The Deed forms part of the continuing approval for Port Hinchinbrook (listed in Schedule 7 of the Cassowary Coast Regional Council Planning Scheme adopted on 3 July 2015) and is referenced throughout the scheme. The continuing approval attaches to the Land and binds the owners, the owners’ successors in title, and any occupier of the Land;
3. In summary, the Deed binds owners as an infrastructure agreement, or, in any event, as a component of the continuing approval.