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PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GJ Directions of Minister

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GJ

Directions of Minister

    (1)     The Minister may issue written directions to planning authorities in relation to the preparation and content of infrastructure contributions plans.

    (2)     Without limiting subsection (1), a Minister's direction may specify any one or more of the following—

        (a)     the types of land to which an infrastructure contributions plan may, or must not, apply;

        (b)     the type of land which may be specified as public purpose land under an infrastructure contributions plan;

        (c)     the types of public purposes for which public purpose land may be used or developed;

        (d)     the method for calculating the estimated value of any inner public purpose land

              (i)     for the purposes of calculating land credit amounts and land equalisation amounts; and

              (ii)     for the purposes of Division 4;

        (e)     the method for calculating the estimated value of any outer public purpose land to be acquired by a development agency;    

        (f)     the timing, procedure and method of adjustment of the estimated land values referred to in paragraphs (d) and (e), including by way of indexation or any other method of adjustment;

        (g)     the method for calculating the land credit amount or land equalisation amount in respect of each parcel of land in the ICP plan area of an infrastructure contributions plan;

        (h)     the timing and method of adjustment to be applied to the land credit amounts and land equalisation amounts referred to in paragraph (g), including by way of indexation or any other method of adjustment;

              (i)     the classes of development of land in respect of which a standard levy or a supplementary levy or both of those levies may or must not be imposed under an infrastructure contributions plan;

        (j)     the types of plan preparation costs and works, services or facilities that may or must not be funded from a standard levy or a supplementary levy or both of those levies under an infrastructure contributions plan;

        (k)     the standard levy rates to be applied under an infrastructure contributions plan for each class of development of land according to the type of land to be developed;

        (l)     the method for determining the amount of standard levy payable in respect of a development of land according to the type of land to be developed;

        (m)     the method and timing of annual indexation to be applied to standard levy rates;

        (n)     the requirements that a planning authority must comply with, and the criteria that the authority must have regard to, when deciding whether to impose a supplementary levy for the development of land under an infrastructure contributions plan;

        (o)     the method for estimating the cost of the works, services or facilities to be funded from a supplementary levy under an infrastructure contributions plan;

        (p)     the method and timing of annual indexation to be applied to the estimated cost of each of the works, services or facilities to be funded from a supplementary levy under an infrastructure contributions plan;

        (q)     the method for determining the amount of supplementary levy payable in respect of any development of land in the ICP plan area;

        (r)     the maximum amount of any standard levy imposed under an infrastructure contributions plan that may be used for the provision of community and recreation works, services or facilities according to the type of land to be developed and the class of development of that land;

        (s)     the method and timing of annual indexation of the maximum amount referred to in paragraph (r);

        (t)     the maximum proportion of any standard levy or supplementary levy imposed under an infrastructure contributions plan that may be used to fund plan preparation costs in relation to that plan;

        (u)     the type of land in an ICP plan area of an infrastructure contributions plan to which section 18(1AB) of the Subdivision Act 1988 applies;

              (v)     requirements for the staging and timing of the provision of the works, services or facilities or public purpose land to be funded through an infrastructure contributions plan;

        (w)     any requirements relating to a notice under section 46GO, including information to be included in the notice;

              (x)     any other information to be included in an infrastructure contributions plan.

    (3)     The Minister must publish in the Government Gazette notice of every Minister's direction as soon as is practicable after a direction is issued.

S. 46GK substituted by No. 7/2018 s. 10.