PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GU Infrastructure contributions plan must be consistent with estimated value of public purpose land

PLANNING AND ENVIRONMENT ACT 1987 - SECT 46GU

    (1)     The planning authority must not adopt an amendment under section 29 to incorporate an infrastructure contributions plan that specifies a land credit amount or a land equalisation amount that relates to a parcel of land in the ICP plan area of the plan unless—

        (a)     in the case of the land credit amount—that amount is based on the estimated value of the inner public purpose land in that parcel of land; and

        (b)     in the case of the land equalisation amount—the component of the land equalisation amount that relates to any inner public purpose land is based on the estimated value of that inner public purpose land.

    (2)     For the purposes of this section, the estimated value of inner public purpose land is the value of that land—

        (a)     contained in the notice given to the affected owner under section 46GO if there are no submissions made under section 46GQ by the affected owner; or

        (b)     accepted by the planning authority under section 46GS(1); or

        (c)     confirmed by the valuer-general under section 46GT(4); or

        (d)     determined by the valuer-general under section 46GT(5).

Note

Any component of the land equalisation amount that relates to any outer public purpose land is to be based on the estimated value of the outer public purpose land calculated in accordance with the method specified in a Minister's direction applying to the plan.

Division 5—Imposition and collection of infrastructure contribution

S. 46GV inserted by No. 7/2018 s. 10.