Economic Development Act 2012
sec.127Direction to particular entities to accept transfer
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sec.127 Direction to particular entities to accept transfer
This section applies in relation to the following entities— a distributor-retailer; a government entity; a local government. MEDQ may give a written direction to the entity to accept the transfer to it of— stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or a stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ. However, the direction may be given only if MEDQ is satisfied the transfer is reasonably necessary for the main purpose of this Act. At least 20 business days before giving the direction, MEDQ must give written notice of the proposed transfer to the entity. If the entity raises concerns or other issues relating to the proposed transfer and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered. The direction may include— conditions on which the transfer must be made; and particular actions that the entity must take to give effect to the transfer. The entity must do every thing reasonably necessary to comply with the direction. If the entity is a local government, on the making of the transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the Planning Act , section 159 applies. s 127 amd 2014 No. 40 s 20 ; 2016 No. 17 s 124 ; 2016 No. 27 s 194 sub 2024 No. 32 s 46 (sec.127-ssec.1) This section applies in relation to the following entities— a distributor-retailer; a government entity; a local government. (sec.127-ssec.2) MEDQ may give a written direction to the entity to accept the transfer to it of— stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or a stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ. (sec.127-ssec.3) However, the direction may be given only if MEDQ is satisfied the transfer is reasonably necessary for the main purpose of this Act. (sec.127-ssec.4) At least 20 business days before giving the direction, MEDQ must give written notice of the proposed transfer to the entity. (sec.127-ssec.5) If the entity raises concerns or other issues relating to the proposed transfer and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered. (sec.127-ssec.6) The direction may include— conditions on which the transfer must be made; and particular actions that the entity must take to give effect to the transfer. (sec.127-ssec.7) The entity must do every thing reasonably necessary to comply with the direction. (sec.127-ssec.8) If the entity is a local government, on the making of the transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the Planning Act , section 159 applies.