Barangaroo Act 2009
33Developer agreements subject to condition requiring payment of development contributions
Start here
Get a plain-English read of 33
Turn the raw legal text into a practical explanation grounded in Barangaroo Act 2009.
33 Developer agreements subject to condition requiring payment of development contributions
33 Developer agreements subject to condition requiring payment of development contributions
(1) A development agreement relating to development within Barangaroo for which a development contribution is payable under the Barangaroo contributions plan is subject to a condition that the development contribution must be paid to Infrastructure NSW in accordance with that plan.
(2) A failure by a party to a development agreement to pay the whole or any part of a development contribution in accordance with the Barangaroo contributions plan is taken to be a breach of that agreement and is enforceable as such.
(3) A development agreement may provide for the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution.
(4) For the purposes of subsection (2), a party to a development agreement is not in breach of that agreement if:
(a) the party fails to provide the whole or part of a development contribution, and
(b) the party has entered into an agreement, in accordance with subsection (3), to provide works in kind or to dedicate land instead of paying the whole or that part of the development contribution.
(5) A development agreement may contain provisions, not inconsistent with the Barangaroo contributions plan, as to the payment of a development contribution.
(6) No contract or agreement entered into before or after the commencement of this section operates to annul, vary or exclude the provisions of this section.
(7) This section has effect despite any other Act or law.
(8) In this section:
development agreement means an agreement between Infrastructure NSW and one or more other persons:
(a) under which the person agrees to carry out development within Barangaroo (whether or not the agreement also relates to development outside Barangaroo), and
(b) that may or may not provide for the disposal by Infrastructure NSW of an interest in the land concerned, and
(c) that may be a planning agreement.