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ENVIRONMENTAL PLANNING AND ASSESSMENT
(CONTRIBUTIONS PLANS) AMENDMENT BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
Section 94 of the Environmental Planning and Assessment Act 1979 authorises a
local council to require the dedication of land or a monetary contribution as a condition
of development consent in certain cases. The section was amended by the
Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 to
prevent a council imposing such a requirement unless the council has adopted a
"contributions plan" and the requirement is allowed by and is in conformity with the
contributions plan. The deadline for the adoption of contributions plans was fixed at 17
December 1992.
The object of this Bill is to amend the section to postpone the date by which councils
must adopt contributions plans for the purpose of imposing requirements under the
section to 30 June 1993. The amended provision (section 94 (7)) will read as follows:
(7) When granting consent to a development application made on or after the first
anniversary of
the date of assent to the Environmental Planning and Assessment
(Contributions Plans) Amendment Act 1991 or such earlier day
as may be fixed by
proclamation for the purposes o f
this subsection 1 July 1993, a council may impose
a condition referred to in this section only if it is of a kind allowed by, and is
determined in accordance with, a contributions plan approved under section 94AB.
[Matter to be omitted is shown in italic type and matter to be inserted is shown in bold
type.]
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the provisions of the proposed Act
16 December 1992.
Clause 3 amends section 94 (7) of the Environmental Planning and Assessment Act
1979 as detailed above.