New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 16

16 Refund or waiver of contribution where disposition etc rescinded etc

(1) Where:

(a) land has become liable for contribution, and

(b) the disposition or development consent as a consequence of which the land became liable for that contribution has been rescinded, cancelled, annulled or revoked,

the contributor is entitled:

(c) where the contribution has been paid in whole, to a refund of the amount of the contribution paid,

(d) where the contribution is wholly unpaid, to a waiver of the amount of contribution unpaid, or

(e) where the contribution has been partly paid, to a refund of the amount of contribution paid and to a waiver of the amount of contribution unpaid.

(2) A person is not entitled to a refund of contribution or a waiver of contribution under subsection (1):

(a) unless the person makes application therefor in writing and, where a form of application is prescribed, on the prescribed form,

(d) unless, where the refund or waiver is applied for by reason of a development consent being revoked, any instrument evidencing the development consent is, where the Authority so requires, surrendered to the Authority,

(e) unless the Authority has no notice of:

(i) any disposition for the purposes of section 7 having been made, or

(ii) any development consent having been granted,

after the date on which the disposition or development consent referred to in paragraph (b) of subsection (1) was made or granted and before 8 February 1973,

(ei) unless, where the disposition or development consent referred to in paragraph (b) of subsection (1) was rescinded, cancelled, annulled or revoked on or after 8 February 1973, the Authority decides that it is, having regard to all the circumstances of the case, satisfied that the disposition or consent was not rescinded, cancelled, annulled or revoked for the purpose of avoiding or evading liability for contribution or for purposes including that purpose, and

(f) unless the person furnishes to the Authority such evidence as it may require.

(3) For the purposes of subsections (1) and (2), a development consent is revoked:

(a) if it is rescinded or revoked in any manner authorised by law,

(b) if it expires by effluxion of time, or

(c) if:

(i) the person to whom the development consent was granted applies to the Authority for the development consent to be revoked, and

(ii) the Authority grants a certificate certifying that the surrender of the development consent has been accepted.

(3A) Where the revocation of a development consent was or is applied for under paragraph (c) of subsection (3) on or after 8 February 1973, the Authority shall not grant a certificate under that paragraph in relation to the consent unless it decides that it is, having regard to all the circumstances of the case, satisfied that the application was not made for the purpose of avoiding or evading liability for contribution or for purposes including that purpose.

(4) Where the Authority grants a certificate referred to in subparagraph (ii) of paragraph (c) of subsection (3), it shall where the development consent is a development consent granted as referred to:

(a) in subparagraph (i) of paragraph (a) of section 5-notify, in writing, the council by which the development consent was granted that the surrender of the development consent has been accepted,

(b) in subparagraph (ii) of that paragraph-cause an appropriate notation to be made in the Authority’s records and notify, in writing, the council in whose local government area the land to which the development consent relates is situated that the development consent has been revoked, and

(c) in subparagraph (iii) of that paragraph-cause a copy of the certificate to be filed in the office of the court by which the development consent was granted or, where it was granted by the Local Government Appeals Tribunal, in the office of the Tribunal.

(5) A council to whom a notification referred to in paragraph (a) or (b) of subsection (4) is given shall, within seven days after receipt of the notification, notify, in writing, the Authority that it has received the notification.

(6) The provisions of subsection (1) apply in a case where a disposition of land is rescinded, cancelled, annulled or revoked as to part only of the land and in that case the amount of contribution to be refunded or waived shall be as determined by the Authority.

(7) Where a contribution in respect of any land is refunded or waived, or the Authority has refrained from assessing any contribution assessable, in respect of any land, in accordance with this section, the land shall be or become liable for any contribution that would have been or become payable had the disposition or development consent, as a consequence of which the land became liable for the contribution that has been refunded, not been made or granted.

(8) Notwithstanding any other provision of this section the Authority may, of its own motion, waive any contribution assessed, or refrain from assessing any contribution assessable, as a consequence of the granting of a development consent if that development consent has been revoked as referred to in paragraph (a) or (b) of subsection (3) and the development referred to in the development consent has not been commenced or carried out.