Section 222C - Environmental Planning and Assessment Regulation 2021 - Payments out of HAP Fund—the Act, s 7.31D(1)(c)

222CPayments out of HAP Fund—the Act, s 7.31D(1)(c)

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#### 222C Payments out of HAP Fund—the Act, s 7.31D(1)(c) 222C Payments out of HAP Fund—the Act, s 7.31D(1)(c) > > (1) An amount of money is authorised to be paid from the HAP Fund to a person if— > > > > > (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 > > > > > (b) the Planning Secretary considers that the amount of the contribution made by the person (the contribution made) exceeded the amount required by the Ministerial planning order that required the contribution (the contribution required), and > > > > > (c) the amount of money to be paid is equal to the amount by which the contribution made exceeded the contribution required, less any amount authorised to be paid to the person under section 222B(1) in relation to the contribution. > > > (2) An amount of money is authorised to be paid from the HAP Fund to the Consolidated Fund if— > > > > > (a) a payment has been made to a person from the Consolidated Fund in relation to the person’s making of a housing and productivity contribution, and > > > > > (b) the Planning Secretary considers that the amount paid to the person represents the amount by which the contribution made exceeded the contribution required, and > > > > > (c) the amount of money to be paid from the HAP Fund to the Consolidated Fund is no more than the amount of money paid from the Consolidated Fund to the person, less any amount authorised to be paid from the SBC Fund under section 222B(2) in relation to the contribution. > > > (3) In this section— > > > > > (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 > > > > > (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. > > **s 222C:** Ins 2025 (340), Sch 1\[1\].