Common use of No restriction on Council’s Powers Clause in Contracts

No restriction on Council’s Powers. ‌ 4.1 This Agreement or anything done under this Agreement: (a) is not to be taken as approval or consent by Council as a regulatory authority; and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, pursuant to any legislation including the Planning Legislation. 4.2 The Parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. 4.3 This Agreement is not intended to operate to xxxxxx, in any unlawful manner: (a) the power of Council to make any Law; or (b) the exercise by Council of any statutory power or discretion, (Discretion).‌ 4.4 No provision of this Agreement is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this Agreement is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the Parties agree: (a) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 is substantially satisfied;‌ (b) in the event that paragraph (a) cannot be achieved without giving rise to an unlawful xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this Agreement has full force and effect; and (c) to endeavour to satisfy the common objectives of the Parties on relation to the provision of this Agreement which is held to be an unlawful xxxxxx to the extent that it is possible having regard to the relevant court judgment. 4.5 Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this Agreement contracted out of a provision or exercised a Discretion under this Agreement, then to the extent of this Agreement is not to be taken to be inconsistent with the Law. 4.6 Nothing in this Agreement will be deemed to impose any obligation on Council to exercise any of its functions under the Act in relation to the Modification Application, the Land or the Modified Development in a certain manner.

No restriction on Council’s Powers. ‌ 4.1 This Agreement or anything done under this Agreement: (a) is not to be taken as approval or consent by Council as a regulatory authority; and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, pursuant to any legislation including the Planning Legislation. 4.2 4.1. The Parties parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. 4.3 4.2. This Agreement document or anything done under this document: 4.2.1. is not intended to be taken as approval or consent by the Council as a regulatory authority; and 4.2.2. does not in any way operate to xxxxxxinhibit, in any unlawful manner: (a) deter or prejudice the power of Council to make any Law; or (b) Law or the exercise by Council of any statutory power functions, duties or discretionpowers, pursuant to the Planning Legislation (Discretion).‌Discretion). 4.4 4.3. No provision of this Agreement document is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this Agreement document is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the Parties parties agree: (a) 4.3.1. they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 is substantially satisfied;‌satisfied; and (b) 4.3.2. in the event that paragraph (a) 4. 3.1 cannot be achieved without giving rise to an unlawful xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this Agreement document has full force and effect; and (c) 4.3.3. to endeavour to satisfy the common objectives of the Parties parties on relation to the provision of this Agreement document which is held to be an unlawful xxxxxx to the extent that it is possible having regard to the relevant court judgment. 4.5 4.4. Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this Agreement document contracted out of a provision or exercised a Discretion under this Agreementdocument, then to the extent of this Agreement document is not to be taken to be inconsistent with the Law. 4.6 4.5. Nothing in this Agreement document will be deemed to impose any obligation on Council to exercise any of its functions under the Act in relation to the Modification Application[Development Consent and/or Instrument Change] [Drafting Note: Choose whichever applies], the Land or the Modified Proposed Development in a certain manner.

No restriction on Council’s Powers. ‌ 4.1 This Agreement or anything done under this Agreement: (a) is not to be taken as approval or consent by Council as a regulatory authority; and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, pursuant to any legislation including the Planning Legislation. 4.2 The Parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. 4.3 This Agreement is not intended to operate to xxxxxx, in any unlawful manner: (a) the power of Council to make any Law; or (b) the exercise by Council of any statutory power or discretion, (Discretion).‌Discretion). 4.4 No provision of this Agreement is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this Agreement is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the Parties agree: (a) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 is substantially satisfied;‌satisfied; (b) in the event that paragraph (a) cannot be achieved without giving rise to an unlawful xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this Agreement has full force and effect; and (c) to endeavour to satisfy the common objectives of the Parties on relation to the provision of this Agreement which is held to be an unlawful xxxxxx to the extent that it is possible having regard to the relevant court judgment. 4.5 Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this Agreement contracted out of a provision or exercised a Discretion under this Agreement, then to the extent of this Agreement is not to be taken to be inconsistent with the Law. 4.6 Nothing in this Agreement will be deemed to impose any obligation on Council to exercise any of its functions under the Act in relation to the Modification Application, the Land or the Modified Development in a certain manner. 5.1 Until this Agreement operates, this Agreement constitutes the Developer’s offer to enter into the planning agreement if consent under section 4.55 of the Act is granted for the Modified Development. 5.2 This Agreement operates only if: (a) the Modified Application is granted; and (b) the Agreement is entered into in accordance with clause 203 of the Regulation.

No restriction on Council’s Powers. ‌ 4.1 This Agreement or anything done under this Agreement: (a) is not to be taken as approval or consent by Council as a regulatory authority; and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, pursuant to any legislation including the Planning Legislation. 4.2 2.1 The Parties parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. 4.3 2.2 This Agreement document, or anything done under this document: 2.2.1 is not intended to be taken as approval or consent by Council as a regulatory authority; and 2.2.2 does not in any way operate to xxxxxxinhibit, in any unlawful manner: (a) deter or prejudice the power of Council to make any Law; or (b) Laws or the exercise by Council of any statutory power functions, duties or discretionpowers, pursuant to the Planning Legislation (Discretion).‌Discretion). 4.4 2.3 No provision of this Agreement document is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this Agreement document is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the Parties parties agree: (a) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 2 is substantially satisfied;‌satisfied; and (b) in the event that paragraph (a) cannot be achieved without giving rise to an unlawful xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this Agreement document has full force and effect; and (c) to endeavour to satisfy the common objectives of the Parties parties on relation to the provision of this Agreement document which is held to be an unlawful xxxxxx to the extent that it is possible having regard to the relevant court judgment. 4.5 2.4 Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this Agreement document contracted out of a provision or exercised a Discretion under this Agreementdocument, then to the extent of this Agreement document is not to be taken to be inconsistent with the Law. 4.6 2.5 Nothing in this Agreement document will be deemed to impose any obligation on Council to exercise any of its functions under the Act in relation to the Modification ApplicationDevelopment Consent, the Land or the Modified Proposed Development in a certain manner.