sec.130Imposing development conditions

### sec.130 Imposing development conditions A local government may impose a development condition (an extra payment condition ) requiring the payment of extra trunk infrastructure costs if— the development— will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or will require new trunk infrastructure earlier than when identified in the LGIP; or is for premises completely or partly outside the PIA; and the development would impose extra trunk infrastructure costs on the local government after taking into account either or both of the following— levied charges for the development; trunk infrastructure provided, or to be provided, by the applicant under this part. However, an extra payment condition must not be imposed for a State infrastructure provider. An extra payment condition is taken to comply with section 65 (1) to the extent the infrastructure is necessary, but not yet available, to service the development. Subsection (3) applies even if the infrastructure is also intended to service other development. The power to impose an extra payment condition is subject to sections 131 to 136 . (sec.130-ssec.1) A local government may impose a development condition (an extra payment condition ) requiring the payment of extra trunk infrastructure costs if— the development— will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or will require new trunk infrastructure earlier than when identified in the LGIP; or is for premises completely or partly outside the PIA; and the development would impose extra trunk infrastructure costs on the local government after taking into account either or both of the following— levied charges for the development; trunk infrastructure provided, or to be provided, by the applicant under this part. (sec.130-ssec.2) However, an extra payment condition must not be imposed for a State infrastructure provider. (sec.130-ssec.3) An extra payment condition is taken to comply with section 65 (1) to the extent the infrastructure is necessary, but not yet available, to service the development. (sec.130-ssec.4) Subsection (3) applies even if the infrastructure is also intended to service other development. (sec.130-ssec.5) The power to impose an extra payment condition is subject to sections 131 to 136 . - (a) the development— (i) will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or (ii) will require new trunk infrastructure earlier than when identified in the LGIP; or (iii) is for premises completely or partly outside the PIA; and - (i) will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or - (ii) will require new trunk infrastructure earlier than when identified in the LGIP; or - (iii) is for premises completely or partly outside the PIA; and - (b) the development would impose extra trunk infrastructure costs on the local government after taking into account either or both of the following— (i) levied charges for the development; (ii) trunk infrastructure provided, or to be provided, by the applicant under this part. - (i) levied charges for the development; - (ii) trunk infrastructure provided, or to be provided, by the applicant under this part. - (i) will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or - (ii) will require new trunk infrastructure earlier than when identified in the LGIP; or - (iii) is for premises completely or partly outside the PIA; and - (i) levied charges for the development; - (ii) trunk infrastructure provided, or to be provided, by the applicant under this part.