18ARequirement for public open space in planning scheme

18A Requirement for public open space in planning scheme (1) This section applies to a requirement for public open space that is specified in a planning scheme. (2) If a person is required to pay or agrees to pay an amount in respect of an open space requirement— (a) the amount must be paid to the Council before the Council issues its statement of compliance; and (b) subject to paragraph (a), the time for payment of the amount is at the person's discretion; and (c) despite paragraph (a), the whole or any part of the amount may be paid after the Council issues its statement of compliance if the person and the Council so agree under section 21(1)(b)(ii). (3) In the case of a staged subdivision using the procedure under section 37— (a) the open space requirement must be made for the master plan, but may be expressed to apply to any particular stage or stages; and (b) if the requirement applies to the second or a subsequent stage, the location of the open space need not be defined except on the plan for that stage; and (c) if the requirement applies to the second or a subsequent stage and the requirement is to be met by a monetary payment, the total amount to be paid may be apportioned between particular stages, and the proportion need not be specified except for the plans of the appropriate stages. (4) A public open space requirement may be made only once in respect of any of the land to be subdivided whether the requirement was made before or after the commencement of this section, unless subsection (5) applies. (5) A further open space requirement may only be made when a building is subdivided and a public open space requirement was not made under section 569H of the **Local Government Act 1958** or section 21A of the **Building Control Act 1981** when the building was constructed. (6) If any amount is paid to the Council under this section and the Council is satisfied that it is no longer intended to subdivide the land to create any additional lot, the Council may refund the amount paid to it.