Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 23 November 2014 at 21:56)
Part 4Division 6Subdivision 1

Subdivision 1 Preliminary

93C   Definitions

In this Division:

contributions plan means a contributions plan approved under section 94EA.

development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974.

growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974.

planning agreement means a voluntary agreement referred to in section 93F.

planning authority means:

(a)  a council, or
(b)  the Minister, or
(c)  the corporation, or
(d)  a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974), or
(e)  a public authority declared by the regulations to be a planning authority for the purposes of this Division.

public amenities or public services do not include water supply or sewerage services.

special contributions area means land for the time being described in Schedule 5A.

93D   Relationship to planning instruments

This Division does not derogate from or otherwise affect any provision of an environmental planning instrument, whether made before or after the commencement of this section, that requires satisfactory arrangements to be made for the provision of particular kinds of public infrastructure, facilities or services before development is carried out.

93E   Provisions relating to money etc contributed under this Division (other than Subdivision 4)

(1)  A consent authority or planning authority is to hold any monetary contribution or levy that is paid under this Division (other than Subdivision 4) in accordance with the conditions of a development consent or with a planning agreement for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time.
(2)  However, money paid under this Division (other than Subdivision 4) for different purposes in accordance with the conditions of development consents may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan or ministerial direction under this Division (other than Subdivision 4).
(3)  Land dedicated in accordance with this Division (other than Subdivision 4) is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time.
(4)  A reference in this section to a monetary contribution or levy includes a reference to any additional amount earned from its investment.
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