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Collgar Compensation Deed  

Author:  | Australia, Contracts

Collgar plans to construct one or more Wind Turbine Generators on land which is adjacent to the Affected Land. Collgar agrees to pay the Owner the Sum subject to the terms and conditions set out in this Document.

2(b) The Termination Date is the later of:
(1) 30 years from the Supply Date; and
(2) 50 years from the Supply Date, if Collgar provides notice in writing to the Owner prior to the date specified in clause 2(b)(1) that it is extending the Termination Date under this clause 2(b)(2).

3.1 The Owner must not object to:
(a) the Local Planning Scheme Amendments;
(b) any application by Collgar to any Consent Authority in relation to the Project; and
(c) the ongoing operation of the Project.

3.2 The Owner must provide or sign any consents in support of the Project if and when requested by Collgar, including to the Shire of Merredin and the Environmental Protection Authority.

3.3(a)(4) The Owner must … do all things reasonably necessary to facilitate the Project and to enable the registration of the Restrictive Covenant over the Affected Land at the cost and expense of Collgar.

3.4 The Owner must: …
(b) not apply for planning approval to construct a Noise-Sensitive Premises within the Restricted Area, without the prior written approval of Collgar which Collgar may withhold in its absolute discretion;
(c) not construct or permit to be constructe┬Ěd a Noise-Sensitive Premises within the Restricted Area, without the prior written approval of Collgar which Collgar may withhold in its absolute discretion;
(d) not construct or install or permit to be constructed or installed any building or structure of a height of more than 5 metres within 200 metres of a Wind Turbine Generator or Wind Monitoring Equipment without the prior written approval of Collgar, which cannot be unreasonably withheld; and
(e) not construct or install or permit to be constructed or Installed any building or structure of a height of more than 1 O metres within 500 metres of a Wind Turbine Generator or Wind Monitoring Equipment without the prior written approval of Collgar, which cannot be unreasonably withheld.

3.6 The Owner must not:
(a) grant or permit to be granted any lease or licence of or deal with any part or the whole of the Affected Land, unless:
(1) Collgar provides its prior written consent, which cannot be unreasonably withheld. For the avoidance of doubt, where the potential lessee or licensee is proposing to use the Affected Land for a purpose which is likely to interfere with the operation of the Wind Energy Facility, then Collgar is entitled to withhold its consent; and
(2) the potential lessee or licensee enters into a deed of covenant with Collgar whereby it agrees to be bound by and observe and perform the Owner’s Covenants in favour of Collgar as if the lessee or licensee was named as the Owner in this Document; or
(b) sell, assign, transfer, mortgage or charge any part or the whole of the Affected Land without obtaining a deed of covenant signed by the Buyer, mortgagee or chargee by which the Buyer, mortgagee or chargee of part or the whole of the Affected Land, as applicable, agrees to be bound by and observe and perform the Owner’s Covenants in favour of Collgar as if the Buyer, mortgagee or chargee was named as the Owner in this Document.

6(b) If the Owner breaches an essential term, Collgar may withhold any payments which are otherwise payable under this Document and/or terminate this Document by giving the Owner 2 Business Days’ notice in writing.

8(a) The Owner must not disclose to any third party without the prior written consent of Collgar:
(1) this Document or any of its provisions; or
(2) any report or other information obtained by the Owner in the course of or as a result of the Owner’s negotiations with Collgar …

Collgar Compensation Deed

This article is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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