New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 94G

94G Provision of affordable housing

(1) Land dedicated in accordance with a condition imposed under this Division must:

(a) be made available by the consent authority for the purposes of affordable housing within a reasonable time, or

(b) be transferred by the consent authority in accordance with any applicable direction under subsection (3).

(2) A consent authority must:

(a) hold any monetary contribution paid in accordance with a condition imposed under this Division (and any additional amount earned from its investment) for the purpose for which the payment was required and apply the money for the purposes of affordable housing in the area or an adjoining area within a reasonable time, or

(b) pay the monetary contribution in accordance with any applicable direction under subsection (3).

(3) The Minister may give a direction, that applies generally or in any particular case or class of cases, to a consent authority:

(a) requiring it to transfer land to a person nominated by the Minister, if it imposes a condition under this Division requiring dedication of the land, or

(b) requiring it to pay a monetary contribution to a person nominated by the Minister, if it imposes a condition under this Division requiring the payment of the monetary contribution.

(4) A person nominated under this section by the Minister must:

(a) make available any land transferred to the person under this Division for the purposes of affordable housing within a reasonable time, and

(b) apply any monetary contribution paid to the person under this Division (and any additional amount earned from its investment) for the purposes of affordable housing in the area concerned or in an adjoining area within a reasonable time.