35Application of planning agreement provisions of Environmental Planning and Assessment Act 1979

35 Application of planning agreement provisions of Environmental Planning and Assessment Act 1979

35 Application of planning agreement provisions of Environmental Planning and Assessment Act 1979

(1) Infrastructure NSW is taken to be a planning authority for the purposes of the Environmental Planning and Assessment Act 1979.

(2) A planning agreement entered into under the Environmental Planning and Assessment Act 1979 may provide for the payment of the whole or part of a development contribution under this Division, or the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution under this Division, in addition to any other matters the agreement may provide for under that Act.

(3) Any such planning agreement is not required to comply with the provisions of the Environmental Planning and Assessment Act 1979 relating to the exclusion or otherwise of the development contributions provisions of that Act in relation to development referred to in section 34 (1).

(4) In this Division:

planning agreement means an agreement entered into under:

(a) Subdivision 2 of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979, or

(b) Division 4 of Part 5B of that Act (after its insertion by Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008).