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Contents (2009 - 2)
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Barangaroo Act 2009 No 2
Current version for 1 July 2019 to date (accessed 23 February 2020 at 22:04)
Part 5
Part 5 Contributions and finance
Division 1 Contributions to Barangaroo
31   Definitions
In this Division:
Barangaroo contributions plan means the Barangaroo contributions plan prepared and approved under section 32.
development contribution means an amount of levy payable under the Barangaroo contributions plan.
development contributions provisions—see section 34 (2).
planning agreement—see section 35 (4).
32   Barangaroo contributions plan
(1)  Infrastructure NSW must prepare and approve a Barangaroo contributions plan.
(2)  The Barangaroo contributions plan has no effect unless it is approved by the Minister.
(3)  The Barangaroo contributions plan must provide for the following:
(a)  the payment of a levy of 1% to Infrastructure NSW on development, calculated in respect of the cost of development of land,
(b)  the development within Barangaroo to which the levy will apply,
(c)  the manner in which the cost of development is to be calculated,
(d)  the purposes for which a development contribution may be used, including the provision of local, State and regional infrastructure on or associated with the development of Barangaroo (whether or not situated within Barangaroo),
(e)  the proposed timing for delivery of infrastructure for which development contributions are to be used.
(4)  Infrastructure NSW may amend or replace the Barangaroo contributions plan.
(5)  An amendment to, or replacement of, the Barangaroo contributions plan has no effect unless it is approved by the Minister.
(6)  The regulations may make provision for or with respect to the preparation, approval and amendment of the Barangaroo contributions plan, including the format, structure and subject-matter of the plan.
33   Developer agreements subject to condition requiring payment of development contributions
(1)  A development agreement relating to development within Barangaroo for which a development contribution is payable under the Barangaroo contributions plan is subject to a condition that the development contribution must be paid to Infrastructure NSW in accordance with that plan.
(2)  A failure by a party to a development agreement to pay the whole or any part of a development contribution in accordance with the Barangaroo contributions plan is taken to be a breach of that agreement and is enforceable as such.
(3)  A development agreement may provide for the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution.
(4)  For the purposes of subsection (2), a party to a development agreement is not in breach of that agreement if:
(a)  the party fails to provide the whole or part of a development contribution, and
(b)  the party has entered into an agreement, in accordance with subsection (3), to provide works in kind or to dedicate land instead of paying the whole or that part of the development contribution.
(5)  A development agreement may contain provisions, not inconsistent with the Barangaroo contributions plan, as to the payment of a development contribution.
(6)  No contract or agreement entered into before or after the commencement of this section operates to annul, vary or exclude the provisions of this section.
(7)  This section has effect despite any other Act or law.
(8)  In this section:
development agreement means an agreement between Infrastructure NSW and one or more other persons:
(a)  under which the person agrees to carry out development within Barangaroo (whether or not the agreement also relates to development outside Barangaroo), and
(b)  that may or may not provide for the disposal by Infrastructure NSW of an interest in the land concerned, and
(c)  that may be a planning agreement.
34   Contributions provisions of other planning Acts not to apply
(1)  The development contributions provisions of the Environmental Planning and Assessment Act 1979 and the City of Sydney Act 1988 (the planning Acts) do not apply to or in respect of any development for which a development contribution is payable under the Barangaroo contributions plan.
(2)  The development contributions provisions of the planning Acts are the following provisions:
(a)  Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 (other than Subdivision 2),
(b)  Part 5B (other than Division 4) of and Schedules 1 (other than Part 3) and 5A to the Environmental Planning and Assessment Act 1979 (after the insertion of those provisions by Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008),
(c)  any provisions replacing or amending the provisions referred to in paragraph (a) or (b),
(d)  section 61 of the City of Sydney Act 1988,
(e)  any other provision of the planning Acts, relating to development contributions, prescribed by the regulations.
35   Application of planning agreement provisions of Environmental Planning and Assessment Act 1979
(1)  Infrastructure NSW is taken to be a planning authority for the purposes of the Environmental Planning and Assessment Act 1979.
(2)  A planning agreement entered into under the Environmental Planning and Assessment Act 1979 may provide for the payment of the whole or part of a development contribution under this Division, or the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution under this Division, in addition to any other matters the agreement may provide for under that Act.
(3)  Any such planning agreement is not required to comply with the provisions of the Environmental Planning and Assessment Act 1979 relating to the exclusion or otherwise of the development contributions provisions of that Act in relation to development referred to in section 34 (1).
(4)  In this Division:
planning agreement means an agreement entered into under:
(a)  Subdivision 2 of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979, or
(b)  Division 4 of Part 5B of that Act (after its insertion by Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008).
Division 2 Finance
36   Barangaroo Fund
(1)  There is to be established in the Special Deposits Account a Barangaroo Fund (the Fund) into which is to be paid:
(a)  all money advanced to Infrastructure NSW by the Treasurer for the purposes of this Act or appropriated by Parliament for the purposes of Infrastructure NSW in connection with exercising its functions under this Act, and
(b)  all money directed or authorised to be paid into the Fund by or under this or any other Act, and
(c)  development contributions or other payments made under Division 1, and
(d)  the proceeds of the investment of money in the Fund, and
(e)  all money received by Infrastructure NSW for the purposes of this Act from any other source.
(2)  Money may be paid from the Fund for the following purposes:
(a)  enabling Infrastructure NSW to exercise its functions under this Act,
(b)  the provision of infrastructure in Barangaroo by a public authority or council,
(c)  payments in respect of liabilities transferred to Infrastructure NSW under Part 4.
(3)  All expenditure incurred by Infrastructure NSW under this Act is to be paid from the Fund.
37   (Repealed)
38   Investment of money in Fund
Infrastructure NSW may invest money in the Barangaroo Fund:
(a)  if Infrastructure NSW is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Infrastructure NSW is permitted to invest money under that Part, or
(b)  if Infrastructure NSW is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.