PLANNING AND ENVIRONMENT ACT 1987 - SECT 46Q Responsibilities of municipal councils
PLANNING AND ENVIRONMENT ACT 1987 - SECT 46Q
Responsibilities of municipal councilsS. 46Q(1) substituted by No. 101/2004 s. 8(1), amended by No. 9/2020 s. 390(Sch. 1 item 77.4).
(1) A municipal council must, in accordance with the Local Government Act 2020 , keep proper accounts of any amount of levy paid to it as a collecting agency or a development agency under this Part.
S. 46Q(1A) inserted by No. 101/2004 s. 8(1), amended by No. 35/2015 s. 10(1).
(1A) A municipal council to which an amount of levy is paid as a collecting agency under this Part must forward to a development agency any part of the levy that is imposed for plan preparation costs incurred by the development agency or for the carrying out of works, services or facilities by or on behalf of that development agency.
S. 46Q(2) substituted by No. 101/2004 s. 8(1).
(2) Subject to this section, a municipal council to which an amount of levy is paid as a development agency under this Part must apply that amount only—
S. 46Q(2)(a) amended by No. 35/2015 s. 10(2).
(a) for a purpose relating to plan preparation costs or the provision of works, services and facilities in respect of which the levy was imposed; and
(b) in accordance with the approved development contributions plan.
S. 46Q(3) amended by No. 101/2004 s. 8(2).
(3) A municipal council may refund any amount of levy paid to it as a development agency under this Part in respect of a development if it is satisfied that the development is not to proceed.
S. 46Q(4) amended by No. 101/2004 s. 8(3)(b).
(4) If—
S. 46Q(4)(a) amended by No. 101/2004 s. 8(3)(a), substituted by No. 35/2015 s. 10(3).
(a) an amount of levy has been paid to a municipal council as a development agency under this Part for plan preparation costs incurred by the council or for the provision by the council of works, services or facilities in an area; and
(b) that amount has not been expended within the period required by the approved development contributions plan—
the municipal council must within 6 months after the end of that period—
(c) with the consent of the Minister and in the manner approved by the Minister, pay that amount to the current owners of land in the area; or
(d) in accordance with Part 3, submit to the Minister an amendment to the approved development contributions plan to provide for the expenditure of that amount; or
(e) with the consent of the Minister and in the manner approved by the Minister, expend that amount for the provision of other works, facilities or services in that area.
S. 46Q(5) repealed by No. 101/2004 s. 8(4).
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S. 46QA inserted by No. 101/2004 s. 9.