sec.65AAOther permitted development conditions—development requiring social impact assessment

### sec.65AA Other permitted development conditions—development requiring social impact assessment This section applies in relation to a development approval for development requiring social impact assessment. A development condition imposed on the development approval may— require compliance with a community benefit agreement for the application for the approval, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, premises under section 155 (3) , as applied by section 106Z (4) ; or relate to the management, mitigation or counterbalancing of a social impact of the development; or relate to the monitoring of a social impact of the development. Without limiting subsection (2) (b) , a development condition imposed on the development approval may, in relation to a social impact of the development, require the provision of, or a contribution towards, infrastructure or another thing for a community in the locality of the development. However, a development condition may be imposed on the development approval under subsection (2) (b) or (3) only if— there is no community benefit agreement for the application for the approval; or the social impact of the development has materially changed since the social impact assessment report for the application for the approval was prepared or last changed. Section 65 (1) does not apply in relation to a development condition imposed on the development approval under this section. However, a development condition imposed under this section, other than subsection (2) (a) , must not be an unreasonable imposition on the development or the use of the premises as a consequence of the development. If a development condition requires the provision of infrastructure or another thing under subsection (3) , the condition is taken to be complied with if— the entity that imposed the condition agrees in writing that a stated contribution towards the infrastructure or thing may be provided instead of the infrastructure or thing; and the contribution is provided in accordance with the agreement. s 65AA ins 2025 No. 14 s 15 (sec.65AA-ssec.1) This section applies in relation to a development approval for development requiring social impact assessment. (sec.65AA-ssec.2) A development condition imposed on the development approval may— require compliance with a community benefit agreement for the application for the approval, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, premises under section 155 (3) , as applied by section 106Z (4) ; or relate to the management, mitigation or counterbalancing of a social impact of the development; or relate to the monitoring of a social impact of the development. (sec.65AA-ssec.3) Without limiting subsection (2) (b) , a development condition imposed on the development approval may, in relation to a social impact of the development, require the provision of, or a contribution towards, infrastructure or another thing for a community in the locality of the development. (sec.65AA-ssec.4) However, a development condition may be imposed on the development approval under subsection (2) (b) or (3) only if— there is no community benefit agreement for the application for the approval; or the social impact of the development has materially changed since the social impact assessment report for the application for the approval was prepared or last changed. (sec.65AA-ssec.5) Section 65 (1) does not apply in relation to a development condition imposed on the development approval under this section. (sec.65AA-ssec.6) However, a development condition imposed under this section, other than subsection (2) (a) , must not be an unreasonable imposition on the development or the use of the premises as a consequence of the development. (sec.65AA-ssec.7) If a development condition requires the provision of infrastructure or another thing under subsection (3) , the condition is taken to be complied with if— the entity that imposed the condition agrees in writing that a stated contribution towards the infrastructure or thing may be provided instead of the infrastructure or thing; and the contribution is provided in accordance with the agreement. - (a) require compliance with a community benefit agreement for the application for the approval, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, premises under section 155 (3) , as applied by section 106Z (4) ; or - (b) relate to the management, mitigation or counterbalancing of a social impact of the development; or - (c) relate to the monitoring of a social impact of the development. - (a) there is no community benefit agreement for the application for the approval; or - (b) the social impact of the development has materially changed since the social impact assessment report for the application for the approval was prepared or last changed. - (a) the entity that imposed the condition agrees in writing that a stated contribution towards the infrastructure or thing may be provided instead of the infrastructure or thing; and - (b) the contribution is provided in accordance with the agreement.