New South Wales Consolidated Acts

REDFERN-WATERLOO AUTHORITY ACT 2004 - SECT 31

31 Development contributions (other than for affordable housing)

(1) This section applies to 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 and that is carried out on land within the operational area.

(2) The consent authority or approval body may impose, as a condition of development consent or approval in relation to development to which this section applies, a requirement that the applicant pay a levy of the percentage, authorised by a contributions plan referred to in section 32 (1), of the proposed cost of carrying out the development.

(3) Money required to be paid by a condition imposed under this section is to be applied towards the provision, extension or augmentation of public amenities or public services in or in the vicinity of the operational area (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan referred to in section 32 (1).

(4) A condition imposed under this section is not invalid by reason only that there is no connection between the development the subject of the approval or consent and the object of expenditure of any money required to be paid by the condition.

(5) A condition under this section that is of a kind allowed by, and determined in accordance with, a contributions plan referred to in section 32 (1) may not be disallowed or amended by the Land and Environment Court on appeal.

(6) The regulations may make provision for or with respect to levies under this section, including:

(a) the means by which the proposed cost of carrying out development is to be estimated or determined, and

(b) the maximum percentage of a levy.

(7) For the purposes of this section, a reference to public amenities or public services includes a reference to open space and the Redfern Railway Station, but does not include a reference to water supply or sewerage services.

(8) This section does not affect the operation of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 . However:

(a) the consent authority or approval body cannot impose as a condition of the same consent or approval a condition under this section as well as a condition under section 94 or any other provision of that Division (other than section 94EF), and

(b) a contributions plan referred to in section 32 (1) may replace a contributions plan under that Division for the purposes of any condition imposed under section 94 or any other provision of that Division, and

(c) section 32 extends to any money resulting from a condition imposed under section 94 or any other provision of that Division.