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Environmental Planning and Assessment Act 1979 No 203
Current version for 1 July 2019 to date (accessed 24 August 2019 at 01:31)
7.24 Special infrastructure contributions
(cf previous s 94EF)
(1) The Minister may direct a consent authority to impose a condition on the grant of development consent in relation to development within a special contributions area to which a determination under section 7.23 applies for the purpose of giving effect to the determination.(1A) The direction may set out the terms of the condition that is to be imposed, including the following:(a) a condition that declares that a development contribution is to be made in accordance with the relevant determination under section 7.23,(b) a condition that requires the person having the benefit of the development consent to obtain a determination by the Planning Secretary as to whether a development contribution is required under section 7.23 and of the obligations arising under that section.(1B) A direction to a consent authority under this section may be given by the publication of the direction on the NSW planning portal or in the Gazette.(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 condition is taken to have been imposed in the terms required by the direction, and it has effect as if it had been imposed by the consent authority.(3A) If the relevant determination under section 7.23 that is given effect to by a condition of development consent under this section provides that the development contribution is to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued in respect of the development, the certificate is not to be issued until the contribution is made. If that determination makes any other provision as to the timing of the making of the development contribution, the provision has effect according to its tenor.(4) A condition imposed under this section is in addition to any condition that the consent authority may impose under section 7.11 or 7.12 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.