New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 15

15 Postponement of whole or part of contribution where minor development approved

(1) Where:

(a) land becomes liable for contribution as a consequence of the granting of a development consent, as referred to in subsection (2) of section 7, and

(b) an application for a determination to be made under this section is made to the Authority by the person liable to pay that contribution,

the Authority may:

(c) if it is satisfied that the development to which the consent relates is of such a nature and is proposed to be carried out in such circumstances or affects such a small portion of the land that it would not be reasonable to require payment of that contribution in full or in part, determine that no part of that contribution or that only such part of that contribution as it considers reasonable shall be payable, or

(d) if it is not so satisfied, determine that the whole of that contribution shall be payable,

and any such determination shall, subject to subsection (2), have effect accordingly.

(2) Any applicant for a determination under subsection (1) who is dissatisfied with the determination made by the Authority on the application may, within the prescribed time, appeal to the Appeals Board against the determination and the decision of that Board on the application shall be final and conclusive and shall have effect as if it were the determination of the Authority.

(3) Where a determination, other than a determination that the whole of the contribution shall be payable, is made under subsection (1) or (2) relating to the contribution in respect of any land:

(a) the land shall be or become liable for any contribution that would have been or become payable had the development consent referred to in paragraph (a) of subsection (1) not been granted, and

(b) the Authority shall:

(i) include in the notice of assessment of the contribution a statement specifying the particulars of the determination, and

(ii) serve a copy of that assessment on the council in whose area the land is situated.