New South Wales Consolidated Acts

LAND DEVELOPMENT CONTRIBUTION MANAGEMENT ACT 1970 - SECT 7

7 Time when declared land becomes liable for contribution

(1) Declared land becomes liable for contribution, calculated on the leviable increase in the price of the land, on every date on which it is disposed of on or after the date of publication in the Gazette of an order:

(a) under section 11, and

(b) applying to the land,

and where an interim development order or planning scheme applying to the land has not been subsequently published in the Gazette.

(2) Declared land becomes liable for contribution, calculated on the leviable increase in the value of the land, on the date on which it is first disposed of or a development consent relating to the land is first granted (whichever first happens) on or after the date on which an interim development order or planning scheme applying to the land is published in the Gazette, being the interim development order or planning scheme that is first so published after the date on which an order:

(a) under section 11, and

(b) applying to the land,

is so published.

(3) For the purposes of this Act, land is disposed of:

(a) where a contract or agreement for the sale or other divesting, whether by way of exchange or otherwise, of an estate in fee simple in the land is entered into by the vendor or party divesting himself or herself of the land,

(b) where a contract or agreement for the giving of a direction relating to the land and referred to in the provisions of subsection (5) of section 17 of the Real Property Act 1900 is entered into by the applicant referred to in that subsection,

(c) where the land is not Crown lands and a memorandum of transfer transferring an estate in fee simple in the land or an instrument conveying an estate in fee simple in the land is executed by the transferor or conveyor otherwise than pursuant to a contract or agreement referred to in paragraph (a), whether entered into before or after the commencement of this Act,

(d) where a direction relating to the land and referred to in the provisions of subsection (5) of section 17 of the Real Property Act 1900 is given by the applicant referred to in that subsection otherwise than pursuant to a contract or agreement referred to in paragraph (b), whether entered into before or after the commencement of this Act,

(e) where an instrument of transfer or conveyance (not being a Crown grant) of an estate or interest in Crown lands (being an estate or interest under a prescribed tenure or under one of a class of tenures prescribed for the purposes of paragraph (b) of subsection (5)) is executed by the transferor or conveyor otherwise than pursuant to a contract or agreement referred to in paragraph (a), whether entered into before or after the commencement of this Act, or

(f) where an estate in fee simple in the land is divested, otherwise than in a manner referred to in paragraph (a), (b), (c), (d) or (e), from any person under the provisions of any Act, or Act of the Commonwealth, providing for the compulsory acquisition of land,

but is not disposed of:

(g) where such a contract, agreement, direction, memorandum of transfer, instrument of transfer or conveyance is entered into, given or executed by the Authority in favour of the Crown, a council or body corporate constituted by or under any Act and the land is to be used for a public road or public reserve or for a public purpose (whether of the same or a different kind) approved by the Minister,

(h) where such a contract, agreement, direction, memorandum of transfer, instrument of transfer or conveyance is entered into, given or executed by the Crown, a council or such a body corporate in favour of the Authority and the land was acquired by the Crown, that council or body corporate pursuant to a contract, agreement, direction, memorandum of transfer, instrument of transfer or conveyance referred to in paragraph (g),

(i) where a transfer or instrument of conveyance is entered into in relation to Crown lands by way of mortgage or sub-mortgage or by way of release of mortgage or sub-mortgage of those lands,

(j) where it is the subject of a transmission to a person in the person’s capacity as an executor of the will or administrator or trustee of the estate of a deceased person,

(k) where it is the subject of a transfer, conveyance or transmission in specie to a devisee of the land under a will or to a person entitled on the intestacy of a deceased person,

(l) where it is the subject of any instrument whereby it is vested in trustees in the place of other trustees,

(m) where it becomes vested in a person in the person’s capacity as the official receiver or a trustee in bankruptcy,

(n) where it becomes vested in a person in the person’s capacity as the liquidator of a company,

(o) where a contract, agreement, a memorandum of transfer or instrument of conveyance is entered into or executed as a consequence of levying execution on the land,

(p) where it is disposed of, as referred to in paragraph (a), (b), (c), (d) or (e), as property of the Commonwealth, or

(q) where it is disposed of, as referred to in paragraph (a), (b), (c), (d), (e) or (f), in such cases or circumstances as may be prescribed.

(4) For the purposes of this Act, the date on which land is disposed of is:

(a) where the land is disposed of:

(i) as referred to in paragraph (a) or (b) of subsection (3)-the date of the contract or agreement, or

(ii) as referred to in paragraph (c), (d) or (e) of that subsection-the date of the memorandum of transfer, instrument of transfer or conveyance or direction,

or where the contract, agreement, memorandum of transfer, instrument of transfer or conveyance or direction is undated, the date on which the contract or agreement is executed by the vendor or person disposing of the land, the memorandum of transfer or instrument of transfer is executed by the transferor, the instrument of conveyance is executed by the conveyor or the direction is executed by the person giving it, as the case may be, or

(b) where land is disposed of as referred to in paragraph (f) of subsection (3)-the date on which the land is divested from the person referred to in that paragraph.

(5) A reference in subsection (3) to an estate in fee simple in land includes a reference to:

(a) an estate or interest in the land that may be converted by the holder thereof into an estate in fee simple in the land under section 134 of the Conveyancing Act 1919 , and

(b) where the land is Crown lands, an estate or interest in the land under a prescribed tenure or one of a prescribed class of tenures.

(6) The reference in subsection (2) to a development consent does not include a reference to a development consent for the carrying out of development for a charitable purpose or for any purpose ancillary to that purpose or, without limiting the generality of the foregoing, for the purpose of any works of electricity supply to be carried out or conducted by an electricity generator within the meaning of the Energy Services Corporations Act 1995 , an energy distributor within the meaning of the Energy Services Corporations Act 1995 , any works of water supply or of sewerage or drainage to be carried out or conducted by the Metropolitan Water Sewerage and Drainage Board, a county council or a council, any works for or in connection with public roads to be carried out or conducted by the Commissioner for Main Roads or a council, or for the purpose of a public place, a public reserve, a public cemetery or crematorium, a public hospital, a public railway, a public school, a technical college, a university constituted under any Act or a college of any such university, a college of advanced education within the meaning of the Higher Education Act 1969 or for any other public purpose (whether of a like or different nature) that is approved by the Authority, for the purposes of this section, with the consent of the Treasurer.

(7) A reference in subsection (1) or (2) to a disposition of land does not, where the date on which the land is disposed of is 8 February 1973, or any subsequent day, include a reference to that disposition.

(8) A reference in subsection (2) to a development consent does not include a reference to a development consent granted on or after 8 February 1973.