SUSTAINABLE PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2012 No. 3 - SECT 129 129 Insertion of new pt 6A

SUSTAINABLE PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2012 No. 3 - SECT 129

After section 136—

insert—

'This part applies to an infrastructure agreement to which the authority is a party.

'The infrastructure agreement is not invalid merely because its fulfilment depends on the exercise of a discretion by the authority about—

(a) an interim land use plan; or

(b) a development scheme; or

(c) an existing or future UDA development application.

'To the extent the infrastructure agreement is inconsistent with a UDA development approval the agreement prevails.

'(1) This section applies if—

(a) land ceases to be in an urban development area; and

(b) an infrastructure agreement that applied to the land was in force immediately before the land ceased to be in the urban development area.

'(2) To the extent the infrastructure agreement applies to the land—

(a) the superseding public sector entity for the land is taken to be a party to the agreement in place of the authority; and

(b) the rights and responsibilities of the authority under the agreement become the rights and responsibilities of the superseding public sector entity.

'(3) To remove any doubt, it is declared that sections 136B and 136C continue to apply to the infrastructure agreement.

'(4) In this section—

public sector entity means a public sector entity under the Sustainable Planning Act, schedule 3.

superseding public sector entity, for land, means the public sector entity that will have responsibility for the infrastructure on the land after the land ceases to be in an urban development area.

'(1) This section applies if a proposed infrastructure agreement would, if entered into, likely continue to apply to land after the land ceases to be in an urban development area.

'(2) Before entering into the proposed infrastructure agreement, the authority must consult about the terms of the agreement with the entities the authority considers will be superseding public sector entities for the land.

'(3) In this section—

public sector entity means a public sector entity under the Sustainable Planning Act, schedule 3.

superseding public sector entity, for land, means the public sector entity that will have responsibility for the infrastructure on the land after the land ceases to be in an urban development area.'.