sec.128Necessary infrastructure conditions

### sec.128 Necessary infrastructure conditions If the LGIP identifies adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring either or both of the following to be provided at a stated time— the identified infrastructure; different trunk infrastructure delivering the same desired standard of service. If the LGIP does not identify adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring development infrastructure necessary to service the premises to be provided at a stated time. However, a local government may impose a condition under subsection (2) only if the development infrastructure services development consistent with the assumptions in the LGIP about type, scale, location or timing of development. A necessary infrastructure condition is taken to comply with section 65 (1) if— generally, the infrastructure required is the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and for a necessary infrastructure condition that requires the provision of the infrastructure located on the subject premises— the provision is not an unreasonable imposition on the development; or the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development. To remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if the infrastructure will service premises other than the subject premises. (sec.128-ssec.1) If the LGIP identifies adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring either or both of the following to be provided at a stated time— the identified infrastructure; different trunk infrastructure delivering the same desired standard of service. (sec.128-ssec.2) If the LGIP does not identify adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring development infrastructure necessary to service the premises to be provided at a stated time. (sec.128-ssec.3) However, a local government may impose a condition under subsection (2) only if the development infrastructure services development consistent with the assumptions in the LGIP about type, scale, location or timing of development. (sec.128-ssec.4) A necessary infrastructure condition is taken to comply with section 65 (1) if— generally, the infrastructure required is the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and for a necessary infrastructure condition that requires the provision of the infrastructure located on the subject premises— the provision is not an unreasonable imposition on the development; or the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development. (sec.128-ssec.5) To remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if the infrastructure will service premises other than the subject premises. - (a) the identified infrastructure; - (b) different trunk infrastructure delivering the same desired standard of service. - (a) generally, the infrastructure required is the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and - (b) for a necessary infrastructure condition that requires the provision of the infrastructure located on the subject premises— (i) the provision is not an unreasonable imposition on the development; or (ii) the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development. - (i) the provision is not an unreasonable imposition on the development; or - (ii) the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development. - (i) the provision is not an unreasonable imposition on the development; or - (ii) the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development.