71Contribution payable

71 Contribution payable (1) The requirement to pay a contribution is taken to be a condition of the development permit in respect of which the contribution is payable and, subject to subsection (7), the contribution is payable in accordance with this Part by the owner of the land to which the permit relates. (1A) The owner's contribution for infrastructure or car parking in the plan: (a) is calculated as part or all of the total cost of the infrastructure or car parking; and (b) is proportional to the anticipated future use of the infrastructure or car parking attributable to the development of Note for subsection (1A)(a) The total cost would include all costs, whether incurred before or after the contribution plan is made. (1B) For subsection (1A)(a), the total cost of infrastructure or car parking in the plan must be calculated by reference to the most appropriate and cost-effective form of construction. (2) A contribution to be provided in accordance with this Part is payable: (a) if the development consists only of a change in the use to which the land may be put – before the commencement of the new use; (b) if it is a condition of a development permit relating to the development that, at the completion of each specified stage of the development, a specified number of car parking spaces are to be provided or a proportion of the total contribution as assessed by the local government council in accordance with the contribution plan is to be payable – at the completion of

Planning Act 1999 89 each stage and before commencement of the use of that part of the development in accordance with the conditions of the permit; (c) if a time for payment is specified in a written agreement with the person who is required to provide the contribution – at that time; or (d) in a case to which paragraph (a), (b) or (c) does not apply – on completion of the development and before commencement of the use to which the development relates. (3) A local government council or service authority may, by notice in writing to the owner of land to which a contribution plan made by the council or the authority applies, demand that the owner pay the contribution assessed in accordance with the plan in respect of a development on the land. (4) A demand may only be made under subsection (3) if the amount, or part of the amount, has become payable under subsection (2). (5) If a demand for contribution is made under subsection (3) to an owner of land, he or she must pay the amount specified in the notice in accordance with the terms of the notice. (6) If a demand for contribution is made under subsection (3) to an owner of land in relation to development on that land, the balance from time to time outstanding of the amount demanded is an overriding statutory charge, within the meaning of the Land Title Act 2000, on the land. (7) If a declaration has been made under section 73 or an order has been made under section 125(6) or 130(5), this section applies with the necessary changes in relation to the payment of an amount of contribution to which the declaration or order relates. (8) The amount of any money spent by an owner of land in constructing infrastructure required under this Part is to be set-off against the contribution payable by the owner under this Part, but is not to exceed the amount of the contribution payable.