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Contents (1979 - 203)
Environmental Planning and Assessment Act 1979 No 203
Current version for 13 October 2017 to date (accessed 20 November 2017 at 04:51)
Part 4 Division 6 Subdivision 4
Subdivision 4 Special infrastructure contributions
94ED   Provision of infrastructure
(1)  In this Subdivision, a reference to the provision of infrastructure includes a reference to:
(a)  the provision, extension and augmentation of (or the recoupment of the cost of providing, extending or augmenting) public amenities or public services, affordable housing and transport or other infrastructure relating to land, and
(b)  the funding of recurrent expenditure relating to the provision, extension and augmentation of public amenities or public services, affordable housing and transport or other infrastructure, and
(c)  the conservation or enhancement of the natural environment, and
(d)  the Minister, corporation, Department or Secretary doing any one or more of the following:
(i)  carrying out of any research or investigation,
(ii)  preparing any report, study or instrument,
(iii)  doing any other matter or thing in connection with the exercise of any statutory function under this Act,
but does not include a reference to water supply or sewerage services.
(2)  Subject to section 94EE (2) (c), infrastructure may be regarded as being provided in relation to development whether or not the infrastructure is provided on land within a special contributions area or within New South Wales.
94EE   Minister to determine development contributions
(1)  The Minister is, subject to the regulations (if any), to determine the level and nature of development contributions to be imposed as conditions under this Subdivision for the provision of infrastructure in relation to a development or a class of development.
(2)  In determining the level and nature of development contributions:
(a)  the Minister is, as far as reasonably practicable, to make the contribution reasonable having regard to the cost of the provision of infrastructure in relation to the development or class of development, and
(b)  if the cost of that infrastructure exceeds $30 million—the Minister is to consult the Treasurer, and
(c)  the Minister is not to take into account infrastructure provided on land other than that within the relevant special contributions area, unless, in the opinion of the Minister, the provision of the infrastructure on such land arises as a result of the development or as a result of a class of development of which the development forms a part.
(3)  Despite subsection (2), the Minister may, if he or she sees fit, determine the level and nature of development contributions in the form of a levy of a percentage of the proposed cost of carrying out development or any class of development.
(3A)  The determination of the Minister is to identify what part (if any) of a development contribution, that is to be imposed as a condition under this Subdivision, is for the provision of infrastructure by a council or for any one or more of the matters set out in section 94ED (1) (d).
(3B)  Any part of a development contribution identified in accordance with subsection (3A):
(a)  is, for the purposes of Subdivision 5, taken not to be received by the consent authority under this Subdivision, and
(b)  is not to be taken into account in calculating the cost of infrastructure for the purposes of subsection (2) (b), and
(c)  is, if the part is identified as being for the provision of infrastructure by a council, to be provided to the council and is to be held and applied by the council in accordance with section 93E, and
(d)  is, if the part is identified as being for any one or more of the matters set out in section 94ED (1) (d), to be provided to the Department and is to be held and applied by the Department in accordance with section 93E.
(4)  In determining the level and nature of development contributions to be imposed as conditions under this Subdivision for development within a particular special contributions area (other than a growth centre), the Minister is to do one or more of the following:
(a)  consult with owners of land in the special contributions area and other relevant stakeholders,
(b)  publicly exhibit a proposal in relation to the level of development contributions and seek submissions within a reasonable time in relation to that proposal,
(c)  establish a panel that, in the Minister’s opinion, represents the interests of the various relevant stakeholders and consult with that panel.
(5)  The determination of the Minister:
(a)  is to contain reasons for the level and nature of the development contributions, and
(b)  is to be made publicly available by the Minister.
(6)  A person cannot appeal to the Court under this Act in respect of a determination of the Minister under this section.
(7)  Subsection (3A) does not limit any payments being made out of the Fund to a council or the Department under section 94EL (1) (a).
94EF   Special infrastructure contributions
(1)  The Minister may direct a consent authority, in relation to development or class of development on land within a special contributions area, to impose a condition (determined in accordance with section 94EE) on a grant of development consent in relation to that land.
(2)  If the Minister is the consent authority, the Minister may impose a condition referred to in subsection (1) without giving a direction under that subsection.
(3)  A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms. If the consent authority fails to do so, the Minister may impose the condition, and it has effect as if it had been imposed by the consent authority.
(4)  A condition imposed under this section is in addition to any condition that the consent authority may impose under section 94 or 94A in relation to the development.
(5)  The consent authority may, subject to the consent of the Minister, accept:
(a)  the dedication of land in part or full satisfaction of a condition imposed in accordance with this section, or
(b)  the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with this section.
(6)  A person cannot appeal to the Court under this Act in respect of a direction of the Minister, or a condition imposed by a consent authority or the Minister, under this section.
(7)  A condition imposed by a consent authority or the Minister under this section cannot be modified without the approval of the Minister.
94EG   Minister may make, amend or repeal special contributions areas
(1)  The Minister may, by order published on the NSW legislation website, amend Schedule 5A for the purpose of:
(a)  creating a special contributions area, or
(b)  repealing a special contributions area, or
(c)  changing a special contributions area.
(2)  Any such order may contain savings and transitional provisions.
(3)  Any such order takes effect on the day that it is published on the NSW legislation website or such later date as may be specified in the order.
(4)  Before creating a special contributions area (other than a growth centre), the Minister is to consult with the peak industry organisations that the Minister considers to be relevant.
94EH   Land contributed under this Subdivision
The Minister may direct a consent authority to sell all or part of any land it receives under this Subdivision or to transfer any such land to a public authority that is to provide, or has provided, infrastructure in relation to:
(a)  the development to which the land relates, or
(b)  the class of development to which that development belongs.