Golden Grove (Indenture Ratification) Act 1984
Div 1DEFINED TERMS
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DIVISION 1—DEFINED TERMS 1.1 This Indenture as the same may be varied or replaced from time to time shall be known as "The Golden Grove Indenture" and is referred to herein as "this Indenture". 1.2 In this Indenture and in the Schedules hereto except where terms and expressions are expressly defined hereunder the Acts Interpretation Act of the State shall apply to the construction and interpretation of this Indenture as if this Indenture were an Act and in this Indenture unless in the context by express words or necessary implication a contrary intention appears: "arterial road" means unless otherwise agreed between the Joint Venturers and the Commissioner of Highways a road comprising a vehicle carriage way contained within a road reserve at least 25 metres in width consisting of a vehicle carriage way with at least two travel lanes in each direction with a dividing strip separating the lanes for one direction of travel from the lanes for the other direction. "collector road" means a road comprising a vehicle carriage way and pedestrian walkway contained within a road reserve greater than 15 metres in width but less than 25 metres in width consisting of a vehicle carriage way more than 8.5 metres in width and a pedestrian walkway on either side of the vehicle carriage way. "the Commencement Date" means the date upon which the Golden Grove (Indenture Ratification) Bill, 1984, (hereinafter defined) comes into operation as an Act (and when hereinafter appearing the expression "the Ratifying Act" means the Golden Grove (Indenture Ratification) Bill, 1984, when it comes into operation as an Act). "Commission" means the South Australian Planning Commission constituted under the Planning Act, 1982. "Council" means the Corporation of the City of Tea Tree Gully or any successor thereto or any other Corporation as the Local Government body responsible for the Development Area. "the Development Area" means the area contained within and bounded by a line on the plan set out in the First Schedule to this Indenture and hatchured and more particularly described in the Second Schedule to this Indenture as may be varied from time to time by proclamation of the Governor. "ETSA" means the Electricity Trust of South Australia a body corporate pursuant to the provisions of the Electricity Trust of South Australia Act, 1946, and any successor which assumes within the Development Area the same, or substantially the same, functions as are performed by ETSA at the date hereof. "The Joint Venturers" means Delfin and SAULT jointly when discharging their respective obligations under the Joint Venture Agreement. "The Joint Venture Agreement" means the agreement referred to in the recital hereto bearing even date and entered into between Delfin and SAULT. "the Minister" means the Minister of the Crown to whom for the time being is committed the administration of the Planning Act. "related Corporation" and "associated person" shall respectively bear the meaning and interpretations accorded to those expressions contained in the Companies (South Australia) Code. "road" includes earthworks, road foundations, road pavement, road drainage structures, bridges and kerbs, medians and traffic control devices and street lighting. "SAHT" means the South Australian Housing Trust a body corporate pursuant to the provisions of the South Australian Housing Trust Act, 1936, and any successor which assumes within the Development Area the same, or substantially the same, functions as are performed by SAHT at the date hereof. "screening reserve" means an area of 4.1 metres in width or less separating a road reserve and residential or other areas which restricts access from the road reserve to such areas and in which is planted trees and shrubs of a density sufficient to generally provide a visual barrier between the road and adjoining areas. 1.3 In this Indenture and in the Schedules hereto where the case so admits or requires: (a) Headings (save and except for Division and clause and subclause numbers) shall form no part of nor shall they be used in an interpretation of this Indenture; (b) Reference to any Act, regulation or by-law shall be deemed to include all amendments thereto and to all statutory or other provisions from time to time substituted therefor and reference to any particular section of any Act or paragraph of any regulation or by-law shall be deemed to include all amendments thereto and all statutory or other provisions from time to time substituted therefor; (c) Reference to any Minister of the Crown includes the person for the time being holding the office or performing the duties of such Minister.