sec.120Levied charge

### sec.120 Levied charge A levied charge under an infrastructure charges notice for a development approval may be for extra demand placed on trunk infrastructure that will be generated by the development the subject of the approval (the approved development ). In working out extra demand, the demand on trunk infrastructure generated by a prescribed development or use may also be included if— an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or the prescribed development or use has not been carried out on the premises and either of the following apply— the approved development is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out extra demand for another infrastructure requirement; The approved development is building work for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development. The building work is for the material change of use, and the use of the premises for the multiple dwelling. an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. In this section— infrastructure requirement means an infrastructure charges notice, or a condition of a development approval, that requires infrastructure or a payment in relation to demand on infrastructure. prescribed development or use , in relation to the development approval mentioned in subsection (1) , means— development that may be carried out on the premises without a development permit; or accepted development development that is the subject of another development approval for the premises; or an existing use of the premises that is lawful and is already being carried out on the premises; or a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or another use of the premises that— is a natural and ordinary consequence of the approved development or of development mentioned in paragraph (a) or (b) ; or is or is taken to be a lawful use of the premises under this Act or another Act. s 120 sub 2025 No. 14 s 85I (sec.120-ssec.1) A levied charge under an infrastructure charges notice for a development approval may be for extra demand placed on trunk infrastructure that will be generated by the development the subject of the approval (the approved development ). (sec.120-ssec.2) In working out extra demand, the demand on trunk infrastructure generated by a prescribed development or use may also be included if— an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or the prescribed development or use has not been carried out on the premises and either of the following apply— the approved development is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out extra demand for another infrastructure requirement; The approved development is building work for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development. The building work is for the material change of use, and the use of the premises for the multiple dwelling. an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. (sec.120-ssec.3) In this section— infrastructure requirement means an infrastructure charges notice, or a condition of a development approval, that requires infrastructure or a payment in relation to demand on infrastructure. prescribed development or use , in relation to the development approval mentioned in subsection (1) , means— development that may be carried out on the premises without a development permit; or accepted development development that is the subject of another development approval for the premises; or an existing use of the premises that is lawful and is already being carried out on the premises; or a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or another use of the premises that— is a natural and ordinary consequence of the approved development or of development mentioned in paragraph (a) or (b) ; or is or is taken to be a lawful use of the premises under this Act or another Act. - (a) an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or - (b) the prescribed development or use has not been carried out on the premises and either of the following apply— (i) the approved development is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out extra demand for another infrastructure requirement; Example of approved development that is for or relates to a prescribed development or use— The approved development is building work for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development. The building work is for the material change of use, and the use of the premises for the multiple dwelling. (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (i) the approved development is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out extra demand for another infrastructure requirement; Example of approved development that is for or relates to a prescribed development or use— The approved development is building work for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development. The building work is for the material change of use, and the use of the premises for the multiple dwelling. - (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (i) the approved development is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out extra demand for another infrastructure requirement; Example of approved development that is for or relates to a prescribed development or use— The approved development is building work for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development. The building work is for the material change of use, and the use of the premises for the multiple dwelling. - (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises. - (a) development that may be carried out on the premises without a development permit; or Example of development that may be carried out without a development permit— accepted development - (b) development that is the subject of another development approval for the premises; or - (c) an existing use of the premises that is lawful and is already being carried out on the premises; or - (d) a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or - (e) another use of the premises that— (i) is a natural and ordinary consequence of the approved development or of development mentioned in paragraph (a) or (b) ; or (ii) is or is taken to be a lawful use of the premises under this Act or another Act. - (i) is a natural and ordinary consequence of the approved development or of development mentioned in paragraph (a) or (b) ; or - (ii) is or is taken to be a lawful use of the premises under this Act or another Act. - (i) is a natural and ordinary consequence of the approved development or of development mentioned in paragraph (a) or (b) ; or - (ii) is or is taken to be a lawful use of the premises under this Act or another Act.