sec.99BRCGMatters for board decision

### sec.99BRCG Matters for board decision An adopted charge may be made for providing trunk infrastructure for a land use if— the land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and the charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under— a breakup agreement to which it is a party; or if it is not a party to a breakup agreement—a regulation under the Planning Act . There may be different adopted charges for providing trunk infrastructure in different parts of the distributor-retailer’s geographic area. Also, a board decision may do either or both of the following— declare there is no adopted charge for part or all of the distributor-retailer’s geographic area; make a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid. However, an automatic increase provision must state how increases under it are to be worked out. Also, the automatic increase must not be more than the lesser of the following— the difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid; the increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period— starting on the day the levied charge is levied; and ending on the day the charge is paid. In this section— 3-yearly PPI average means the PPI adjusted according to the 3-year moving average quarterly percentage change between financial quarters. maximum adopted charge , for a financial year, for trunk infrastructure, means the sum of— the maximum amount for an adopted charge for the infrastructure— prescribed under the Planning Act , section 112 (1) ; and in force at the start of the financial year; and an amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended. percentage increase means the 3-yearly moving average quarterly percentage increase in the PPI. s 99BRCG ins 2014 No. 36 s 45 amd 2016 No. 27 s 480 (sec.99BRCG-ssec.1) An adopted charge may be made for providing trunk infrastructure for a land use if— the land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and the charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under— a breakup agreement to which it is a party; or if it is not a party to a breakup agreement—a regulation under the Planning Act . (sec.99BRCG-ssec.2) There may be different adopted charges for providing trunk infrastructure in different parts of the distributor-retailer’s geographic area. (sec.99BRCG-ssec.3) Also, a board decision may do either or both of the following— declare there is no adopted charge for part or all of the distributor-retailer’s geographic area; make a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid. (sec.99BRCG-ssec.4) However, an automatic increase provision must state how increases under it are to be worked out. (sec.99BRCG-ssec.5) Also, the automatic increase must not be more than the lesser of the following— the difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid; the increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period— starting on the day the levied charge is levied; and ending on the day the charge is paid. (sec.99BRCG-ssec.6) In this section— 3-yearly PPI average means the PPI adjusted according to the 3-year moving average quarterly percentage change between financial quarters. maximum adopted charge , for a financial year, for trunk infrastructure, means the sum of— the maximum amount for an adopted charge for the infrastructure— prescribed under the Planning Act , section 112 (1) ; and in force at the start of the financial year; and an amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended. percentage increase means the 3-yearly moving average quarterly percentage increase in the PPI. - (a) the land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and - (b) the charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under— (i) a breakup agreement to which it is a party; or (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act . - (i) a breakup agreement to which it is a party; or - (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act . - (i) a breakup agreement to which it is a party; or - (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act . - (a) declare there is no adopted charge for part or all of the distributor-retailer’s geographic area; - (b) make a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid. - (a) the difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid; - (b) the increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period— (i) starting on the day the levied charge is levied; and (ii) ending on the day the charge is paid. - (i) starting on the day the levied charge is levied; and - (ii) ending on the day the charge is paid. - (i) starting on the day the levied charge is levied; and - (ii) ending on the day the charge is paid. - (a) the maximum amount for an adopted charge for the infrastructure— (i) prescribed under the Planning Act , section 112 (1) ; and (ii) in force at the start of the financial year; and - (i) prescribed under the Planning Act , section 112 (1) ; and - (ii) in force at the start of the financial year; and - (b) an amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended. - (i) prescribed under the Planning Act , section 112 (1) ; and - (ii) in force at the start of the financial year; and