Environmental Planning and Assessment Act 1979 No 203
94A Section 94 conditions imposed by the Minister or
(1) The Minister or the Director-General, as the consent authority
determining a development application, may impose conditions under this
Division if the application relates to:
(a) land within a growth centre, or
(b) other land within a single area.
(2) This Division, as modified by this section, applies to the
Minister or the Director-General determining such a development application as
(3) This Division applies to a development application relating to
land within a growth centre as if references in this Division to the area were
references to the growth centre.
(4) Before imposing any condition under this Division, the Minister or
the Director-General must have regard to any contributions plan approved under
section 94B that applies to the whole or any part of the growth centre or area
in which the relevant land is situated.
(5) The Minister or the Director-General may impose a condition under
this Division even though it is not of a kind allowed by, or is not in
accordance with, a contributions plan.
(6) Any monetary contribution paid in accordance with a condition
under this Division imposed by the Minister or the Director-General:
(a) must be paid by the Minister or Director-General to the
corporation for the growth centre or the council of the area concerned,
(b) must (together with any additional amount earned from its
investment) be applied within a reasonable time for the purpose for which it
(7) This section applies to the Minister as consent authority whether
or not the Minister is consent authority pursuant to section
(8) In this section, growth centre
(a) a growth centre, within the meaning of the Growth Centres (Development Corporations) Act
(b) a designated area, within the meaning of the Albury-Wodonga Development Act