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Environmental Planning and Assessment Regulation 2021
222BPayments out of SBC Fund—the Act, s 7.31(4)(c)
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#### 222B Payments out of SBC Fund—the Act, s 7.31(4)(c)
222B Payments out of SBC Fund—the Act, s 7.31(4)(c)
> > (1) An amount of money is authorised to be paid from the SBC Fund to a person if—
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> > > (a) the person has made a housing and productivity contribution, entirely in the form of a monetary payment, to satisfy a condition of a development consent, and
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> > > (b) the contribution included a strategic biodiversity component, and
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> > > (c) the Planning Secretary considers that the amount of the strategic biodiversity component of the contribution made by the person (the component paid) exceeded the amount required by the Ministerial planning order that required the contribution (the component required), and
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> > > (d) the amount of money to be paid is equal to the amount by which the component paid exceeded the component required.
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> > (2) An amount of money is authorised to be paid from the SBC Fund to the Consolidated Fund if—
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> > > (a) a payment has been made to a person from the Consolidated Fund in relation to the person’s payment of a strategic biodiversity component of a housing and productivity contribution, and
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> > > (b) the Planning Secretary considers that the amount paid to the person represents the amount by which the component paid exceeded the component required, and
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> > > (c) the amount of money to be paid to the Consolidated Fund is no more than the amount of money paid from the Consolidated Fund to the person in relation to the person’s payment of the strategic biodiversity component.
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> > (3) In this section—
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> > > (a) a reference to a person making a payment or contribution includes a reference to a person making a payment or contribution before the commencement of this section, and
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> > > (b) a reference to a payment being made from the Consolidated Fund includes a reference to a payment being made from the Consolidated Fund before the commencement of this section.
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> **s 222B:** Ins 2024 (631), Sch 1\[3\]. Rep 2025 No 24, Sch 2\[3\]. Ins 2025 (340), Sch 1\[1\].