Environmental Planning and Assessment Act 1979 No 203
Historical version for 22 December 2000 to 31 December 2000 (accessed 29 November 2014 at 03:45) Current version
Part 4Division 6Section 94A

94A   Section 94 conditions imposed by the Minister or Director-General

(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 consent authority.
(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, and
(b)  must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was levied.
(7)  This section applies to the Minister as consent authority whether or not the Minister is consent authority pursuant to section 88A.
(8)  In this section, growth centre means:
(a)  a growth centre, within the meaning of the Growth Centres (Development Corporations) Act 1974, or
(b)  a designated area, within the meaning of the Albury-Wodonga Development Act 1974.
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