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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 19 October 2019 at 18:57)
Chapter 6 Part 2A Section 54D
54D   Environmental upgrade agreement
(1)  A council may enter into an environmental upgrade agreement with a building owner and a finance provider in relation to a building.
(2)  An environmental upgrade agreement is an agreement under which:
(a)  a building owner agrees to carry out environmental upgrade works in respect of a building, and
(b)  a finance provider agrees to advance funds to the building owner to finance those environmental upgrade works, and
(c)  the council agrees to levy a charge on the relevant land for the purpose of repaying the advance to the finance provider.
(3)  A building owner is a person who is the owner of the land on which the building is erected.
(4)  For a building erected on land that is the subject of a strata scheme, the owners corporation for the strata scheme is taken to be the building owner.
(5)  The function of entering into an environmental upgrade agreement can be delegated by a council only to the general manager of the council. The delegation must specify the building or buildings to which the delegation relates.
(6)  Other persons may also be party to an environmental upgrade agreement.