Economic Development Act 2012
sec.117EMEDQ may require remission of relevant infrastructure amounts
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sec.117E MEDQ may require remission of relevant infrastructure amounts
This section applies if MEDQ is satisfied a relevant infrastructure amount may be used for the supply of infrastructure for the priority development area or PDA-associated land to address the impacts of development in the area or on the land (whether or not the infrastructure also has another function or purpose). MEDQ may, by notice given to the local government or distributor-retailer to whom the relevant infrastructure amount has been paid or is payable, require the local government or distributor-retailer to remit the amount to MEDQ. However, the amount that must be remitted to MEDQ under the notice does not include any part of the relevant infrastructure amount that is an excluded amount under subsection (4) . For subsection (3) , an amount paid to the local government or distributor-retailer in relation to an approval is an excluded amount if— the approval was given before— the day the priority development area was declared; or the day the land became part of the priority development area, if that happened after the priority development area is declared; and the approval was changed or amended after the day mentioned in paragraph (a) (i) or (ii) ; and the amount was paid to the local government or distributor-retailer before the approval was changed or amended. An amount that the local government or distributor-retailer is required to remit to MEDQ under the notice may be recovered as a debt owed to MEDQ by the local government or distributor-retailer. s 117E ins 2024 No. 32 s 39 (sec.117E-ssec.1) This section applies if MEDQ is satisfied a relevant infrastructure amount may be used for the supply of infrastructure for the priority development area or PDA-associated land to address the impacts of development in the area or on the land (whether or not the infrastructure also has another function or purpose). (sec.117E-ssec.2) MEDQ may, by notice given to the local government or distributor-retailer to whom the relevant infrastructure amount has been paid or is payable, require the local government or distributor-retailer to remit the amount to MEDQ. (sec.117E-ssec.3) However, the amount that must be remitted to MEDQ under the notice does not include any part of the relevant infrastructure amount that is an excluded amount under subsection (4) . (sec.117E-ssec.4) For subsection (3) , an amount paid to the local government or distributor-retailer in relation to an approval is an excluded amount if— the approval was given before— the day the priority development area was declared; or the day the land became part of the priority development area, if that happened after the priority development area is declared; and the approval was changed or amended after the day mentioned in paragraph (a) (i) or (ii) ; and the amount was paid to the local government or distributor-retailer before the approval was changed or amended. (sec.117E-ssec.5) An amount that the local government or distributor-retailer is required to remit to MEDQ under the notice may be recovered as a debt owed to MEDQ by the local government or distributor-retailer.