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Planning Act 2016
sec.131Content of extra payment condition
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### sec.131 Content of extra payment condition
An extra payment condition must state—
the reason why the condition was imposed; and
the amount of the payment to be made under the condition; and
details of the trunk infrastructure for which the payment is required; and
the time (the payment time ) when the amount becomes payable; and
the applicant may, instead of making the payment, elect to provide all or part of the trunk infrastructure; and
if the applicant so elects—
any requirements for providing the trunk infrastructure; and
when the trunk infrastructure must be provided.
Unless the applicant and the local government otherwise agree, the payment time is—
if the trunk infrastructure is necessary to service the premises—by the day the development, or works associated with the development, starts; or
otherwise—
if the extra payment condition applies for reconfiguring a lot—when the local government approves a plan for the reconfiguration that, under the Land Title Act , is required to be given to the local government for approval; or
if the extra payment condition applies for building work—when the final inspection certificate for the building work, or the certificate of occupancy for the building, is given under the Building Act ; or
if the extra payment condition applies for a material change of use—when the change happens.
s 131 amd 2020 No. 24 s 153 s ch 1 pt 2
(sec.131-ssec.1) An extra payment condition must state— the reason why the condition was imposed; and the amount of the payment to be made under the condition; and details of the trunk infrastructure for which the payment is required; and the time (the payment time ) when the amount becomes payable; and the applicant may, instead of making the payment, elect to provide all or part of the trunk infrastructure; and if the applicant so elects— any requirements for providing the trunk infrastructure; and when the trunk infrastructure must be provided.
(sec.131-ssec.2) Unless the applicant and the local government otherwise agree, the payment time is— if the trunk infrastructure is necessary to service the premises—by the day the development, or works associated with the development, starts; or otherwise— if the extra payment condition applies for reconfiguring a lot—when the local government approves a plan for the reconfiguration that, under the Land Title Act , is required to be given to the local government for approval; or if the extra payment condition applies for building work—when the final inspection certificate for the building work, or the certificate of occupancy for the building, is given under the Building Act ; or if the extra payment condition applies for a material change of use—when the change happens.
- (a) the reason why the condition was imposed; and
- (b) the amount of the payment to be made under the condition; and
- (c) details of the trunk infrastructure for which the payment is required; and
- (d) the time (the payment time ) when the amount becomes payable; and
- (e) the applicant may, instead of making the payment, elect to provide all or part of the trunk infrastructure; and
- (f) if the applicant so elects— (i) any requirements for providing the trunk infrastructure; and (ii) when the trunk infrastructure must be provided.
- (i) any requirements for providing the trunk infrastructure; and
- (ii) when the trunk infrastructure must be provided.
- (i) any requirements for providing the trunk infrastructure; and
- (ii) when the trunk infrastructure must be provided.
- (a) if the trunk infrastructure is necessary to service the premises—by the day the development, or works associated with the development, starts; or
- (b) otherwise— (i) if the extra payment condition applies for reconfiguring a lot—when the local government approves a plan for the reconfiguration that, under the Land Title Act , is required to be given to the local government for approval; or (ii) if the extra payment condition applies for building work—when the final inspection certificate for the building work, or the certificate of occupancy for the building, is given under the Building Act ; or (iii) if the extra payment condition applies for a material change of use—when the change happens.
- (i) if the extra payment condition applies for reconfiguring a lot—when the local government approves a plan for the reconfiguration that, under the Land Title Act , is required to be given to the local government for approval; or
- (ii) if the extra payment condition applies for building work—when the final inspection certificate for the building work, or the certificate of occupancy for the building, is given under the Building Act ; or
- (iii) if the extra payment condition applies for a material change of use—when the change happens.
- (i) if the extra payment condition applies for reconfiguring a lot—when the local government approves a plan for the reconfiguration that, under the Land Title Act , is required to be given to the local government for approval; or
- (ii) if the extra payment condition applies for building work—when the final inspection certificate for the building work, or the certificate of occupancy for the building, is given under the Building Act ; or
- (iii) if the extra payment condition applies for a material change of use—when the change happens.