New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 13

13 Assessment of contribution when land becomes liable for contribution

(1) Where land becomes liable for contribution, otherwise than as a consequence of the granting of a development consent, the contributor shall, within a period of fourteen days thereafter or within such further period as the Authority allows before or after the expiration of that period, give notice to the Authority, on a form provided by the Authority, that the land has become so liable and shall, on that form, furnish the information stated on that form to be required.

(2) Where, after the final date referred to in subsection (2) of section 10 and applicable to the land, a development consent granted as referred to in subparagraph (i) or (iii) of paragraph (a) of section 5 is granted in respect of any declared land, the council in whose area the land is situated shall, within the prescribed time, give to the Authority:

(a) notice in writing that the consent has been granted,

(b) a copy of the application made to the council for the development consent and of any plans that accompanied that application, and

(c) in the case of a development consent granted as referred to in subparagraph (i) of paragraph (a) of section 5, notice in writing of any notice for the rescission, and of any rescission, of the resolution granting the development consent.

(3) Where, after the final date referred to in subsection (2) of section 10 and applicable to the land, the Minister makes a decision referred to in subparagraph (ii) of paragraph (a) of section 5, in respect of any declared land, the Minister shall cause a copy of the decision to be given to the Authority.

(4) As soon as practicable:

(a) after the receipt of a notice referred to in subsection (1) or (2),

(b) after the receipt of a copy of a decision referred to in subsection (3), or

(c) after the Authority makes a decision referred to in subparagraph (ii) of paragraph (a) of section 5 in respect of any declared land,

the Authority shall assess the contribution, if any, payable and shall serve notice of the assessment:

(d) where the notice received by the Authority was given to it under subsection (1)-on the contributor, as shown in that notice, liable to be assessed for the contribution,

(e) where the notice received by the Authority was given to it under subsection (2) -on the contributor, as shown in the copy of the application referred to in that subsection, or

(f) where a decision referred to in paragraph (b) or (c) has been made-on the contributor who made the application in respect of which the Minister’s or the Authority’s decision was made.

(5) An assessment may be made by the Authority whenever land becomes liable for contribution whether or not any notice or other document required by this section to be given to the Authority has been given, and the Authority may serve notice of the assessment on every person who, in its opinion, is liable to be assessed for contribution in accordance with section 12.

(6) An assessment may be made by the Authority on the basis of any information in its possession.

(7) The provisions of subsections (2) and (3) do not apply to or in respect of any declared land in respect of which the Authority has notified the council or the Minister that no further contribution is payable.