sec.116EMaking and levying of charge by superseding public sector entity

sec.116E Making and levying of charge by superseding public sector entity

This section applies if— MEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure ) in relation to land (the relevant land ) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and the relevant land ceases to be in, or to be PDA-associated land for, a priority development area. However, this section does not apply for an expense that MEDQ has recouped. On and after the cessation— the infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and the superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge. For subsection (3) (b) , this division, other than section 116B (1) and (5) and this section, applies as if a reference in the division to MEDQ were a reference to the superseding public sector entity. However, to remove any doubt, it is declared that subsections (3) (b) and (4) do not authorise the superseding public sector entity to make and levy an infrastructure expenses recoupment charge to recoup or provide for an expense, other than for the provision of the planned infrastructure. s 116E ins 2014 No. 40 s 17 amd 2016 No. 17 s 115 ; 2019 No. 11 s 60 (sec.116E-ssec.1) This section applies if— MEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure ) in relation to land (the relevant land ) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and the relevant land ceases to be in, or to be PDA-associated land for, a priority development area. (sec.116E-ssec.2) However, this section does not apply for an expense that MEDQ has recouped. (sec.116E-ssec.3) On and after the cessation— the infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and the superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge. (sec.116E-ssec.4) For subsection (3) (b) , this division, other than section 116B (1) and (5) and this section, applies as if a reference in the division to MEDQ were a reference to the superseding public sector entity. (sec.116E-ssec.5) However, to remove any doubt, it is declared that subsections (3) (b) and (4) do not authorise the superseding public sector entity to make and levy an infrastructure expenses recoupment charge to recoup or provide for an expense, other than for the provision of the planned infrastructure.