New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 94E

94E Directions by Minister

(1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to:

(a) the public amenities and public services in relation to which a condition under section 94 may or may not be imposed, and

(b) in the case of a condition under section 94 requiring the payment of a monetary contribution:

(i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and

(ii) the maximum amount of any such contribution, and

(c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 94, and

(d) the type or area of development in respect of which a condition under section 94A may be imposed and the maximum percentage of the levy, and

(e) the use of monetary contributions or levies for purposes other than those for which they were paid, and

(f) the preparation of joint contributions plans by two or more councils.

(2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms.

(3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan.