New South Wales Consolidated Acts

REDFERN-WATERLOO AUTHORITY ACT 2004 - SECT 30

30 Development contributions for affordable housing

(1) This section applies to development:

(a) that is carried out on land within the operational area and that is development to which Part 4 of the Environmental Planning and Assessment Act 1979 applies (and for which a Minister is the consent authority) or that is a project to which Part 3A of that Act applies, or

(b) that is carried out on land that was the former Carlton United Brewery site at Broadway, Sydney, (being the site described in the contributions plan referred to in section 32) and that is a project to which Part 3A of that Act applies.

(1A) Despite subsection (1), this section does not apply to land in a special contributions area within the meaning of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 .

(2) A condition may be imposed under Division 6A of Part 4 of the Environmental Planning and Assessment Act 1979 (or under that Division as applied by section 75R (4) of that Act) in relation to development to which this section applies as if:

(a) section 94F of that Act (which deals with the circumstances in which affordable housing contributions may be required) applied to a development application for consent to carry out development to which this section applies whether or not it is a development application described in section 94F (1) of that Act, and

(b) section 94F (3) (b) of that Act (which requires that affordable housing contributions be authorised by environmental planning instruments made under that Act) were replaced with a requirement that the condition be authorised to be imposed by a contributions plan referred to in section 32 of this Act.

(3) Anything that is required or permitted to be provided for in an environmental planning instrument in relation to contributions for affordable housing may be provided for in a contributions plan referred to in section 32. In particular, the contributions plan may set out the purposes for which such contributions may be used, including the provision or refurbishment of relevant housing stock.

(5) Conditions may be imposed under Division 6A of Part 4 of the Environmental Planning and Assessment Act 1979 in relation to development to which this section applies only in accordance with this section.

(6) Nothing in this section affects any other contributions that may be required to be made under section 31 or under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 .