QLDIn ForceAct
Planning Act 2016
sec.135Refund if development approval stops
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### sec.135 Refund if development approval stops
This section applies if—
a development approval subject to an extra payment condition no longer has effect; and
a payment has been made under the condition; and
construction of the infrastructure that is the subject of the condition has not substantially started before the development approval no longer has effect.
The local government must refund to the payer any part of the payment the local government has not spent, or contracted to spend, on designing and constructing the infrastructure.
The timing of the refund is subject to terms agreed between the payer and local government.
(sec.135-ssec.1) This section applies if— a development approval subject to an extra payment condition no longer has effect; and a payment has been made under the condition; and construction of the infrastructure that is the subject of the condition has not substantially started before the development approval no longer has effect.
(sec.135-ssec.2) The local government must refund to the payer any part of the payment the local government has not spent, or contracted to spend, on designing and constructing the infrastructure.
(sec.135-ssec.3) The timing of the refund is subject to terms agreed between the payer and local government.
- (a) a development approval subject to an extra payment condition no longer has effect; and
- (b) a payment has been made under the condition; and
- (c) construction of the infrastructure that is the subject of the condition has not substantially started before the development approval no longer has effect.