PLANNING ACT 2016 - SECT 129 Offset or refund requirements

PLANNING ACT 2016 - SECT 129

129 Offset or refund requirements

(1) This section applies if—

(a) trunk infrastructure that is the subject of a necessary infrastructure condition services, or is planned to service, premises other than the subject premises; and

(b) an adopted charge applies to the development.

(2) If the cost of the infrastructure required to be provided under the condition is equal to or less than the amount worked out by applying the adopted charge to the development, the cost must be offset against that amount.

Note—

For how the cost is worked out, see sections 116 and 137 .

Example—

A necessary infrastructure condition of a development approval requires transport infrastructure to be provided. The cost of the transport infrastructure is $500,000. Adopted charges apply to the development at a total amount of $600,000. The cost of the infrastructure under the necessary infrastructure condition ($500,000) must be offset against the total amount worked out by applying the adopted charge to the development ($600,000), rather than offsetting it only against the part of the charge relating to transport infrastructure.

(3) If the cost of the infrastructure required to be provided under the condition is more than the amount worked out by applying the adopted charge to the development—

(a) no amount is payable for the development approval; and

(b) the local government must refund to the applicant the difference between the establishment cost of the trunk infrastructure and the amount worked out by applying the adopted charge to the development.