sec.157Infrastructure agreement applies instead of approval and charges notice

### sec.157 Infrastructure agreement applies instead of approval and charges notice To the extent of any inconsistency, an infrastructure agreement applies instead of— a development approval; or an infrastructure charges notice; or a notice stated in section 301 (1) . However, if a State infrastructure provider, other than the chief executive, is a party to the infrastructure agreement, subsection (1) applies only if the chief executive approves the agreement either before or after the development approval or notice is given. Subsection (4) applies if— the infrastructure agreement relates to— a development approval given or changed by the chief executive under chapter 3 , part 6A ; or a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF (2) ; and the chief executive is not a party to the agreement. Despite subsection (1) , the infrastructure agreement applies, to the extent of any inconsistency, instead of the development approval or an infrastructure charges notice in relation to the approval only if the chief executive approves the agreement before or after the development approval or notice is given. An approval of an infrastructure agreement under subsection (2) or (4) — must be given by notice to each party to the agreement; and may be given before or after the agreement is entered into. This section is subject to the Economic Development Act 2012 , section 120 (4) . s 157 amd 2019 No. 11 s 168 ; 2024 No. 13 s 75 ; 2025 No. 14 s 23 (sec.157-ssec.1) To the extent of any inconsistency, an infrastructure agreement applies instead of— a development approval; or an infrastructure charges notice; or a notice stated in section 301 (1) . (sec.157-ssec.2) However, if a State infrastructure provider, other than the chief executive, is a party to the infrastructure agreement, subsection (1) applies only if the chief executive approves the agreement either before or after the development approval or notice is given. (sec.157-ssec.3) Subsection (4) applies if— the infrastructure agreement relates to— a development approval given or changed by the chief executive under chapter 3 , part 6A ; or a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF (2) ; and the chief executive is not a party to the agreement. (sec.157-ssec.4) Despite subsection (1) , the infrastructure agreement applies, to the extent of any inconsistency, instead of the development approval or an infrastructure charges notice in relation to the approval only if the chief executive approves the agreement before or after the development approval or notice is given. (sec.157-ssec.5) An approval of an infrastructure agreement under subsection (2) or (4) — must be given by notice to each party to the agreement; and may be given before or after the agreement is entered into. (sec.157-ssec.6) This section is subject to the Economic Development Act 2012 , section 120 (4) . - (a) a development approval; or - (b) an infrastructure charges notice; or - (c) a notice stated in section 301 (1) . - (a) the infrastructure agreement relates to— (i) a development approval given or changed by the chief executive under chapter 3 , part 6A ; or (ii) a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or (iii) a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF (2) ; and - (i) a development approval given or changed by the chief executive under chapter 3 , part 6A ; or - (ii) a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or - (iii) a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF (2) ; and - (b) the chief executive is not a party to the agreement. - (i) a development approval given or changed by the chief executive under chapter 3 , part 6A ; or - (ii) a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or - (iii) a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF (2) ; and - (a) must be given by notice to each party to the agreement; and - (b) may be given before or after the agreement is entered into.