New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.17

7.17 Directions by Minister

(cf previous s 94E)

(1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to--

(a) the public amenities and public services in relation to which a condition under section 7.11 may or may not be imposed, and

(b) in the case of a condition under section 7.11 requiring the payment of a monetary contribution--

(i) the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and

(ii) the maximum amount of any such contribution, and

(c) the things that may or may not be accepted as a material public benefit for the purposes of a condition under section 7.11, and

(d) the type or area of development in respect of which a condition under section 7.12 may be imposed and the maximum percentage of the levy, and

(e) the use of monetary contributions or levies for purposes other than those for which they were paid, and

(f) the preparation of joint contributions plans by two or more councils, and

(g) how money paid under this Division for different purposes in accordance with the conditions of development consents is to be pooled and applied progressively for those purposes, and

(h) the time at which a monetary contribution or levy is to be paid.

(1A) A direction under subsection (1)(h) may be given only during the prescribed period within the meaning of section 10.17.

(1B) A provision of a development consent granted before and inconsistent with a direction under subsection (1)(h) is taken to be modified so as to be consistent with the direction, but only for a contribution or levy (or a component of a contribution or levy) that has not been paid before the direction is given.

(2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms.

(3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Division and despite the provisions of any contributions plan.