New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.26

7.26 Content of Ministerial planning orders requiring housing and productivity contributions

(1) A Ministerial planning order that requires a housing and productivity contribution must specify the following--

(a) the level and nature of the housing and productivity contribution,

(b) the classes of development to which the housing and productivity contribution will apply,

(c) the region, or part of the region, to which the housing and productivity contribution applies,

(d) the way in which the housing and productivity contribution must be determined,

(e) the time at which the housing and productivity contribution is required,

(f) whether the housing and productivity contribution includes--

(i) a component imposed on development on land identified in the Ministerial planning order as an area that benefits, or will benefit, from the provision of specified transport infrastructure (a
"transport project component" ), and

(ii) a component imposed on development on biodiversity certified land as a contribution towards a measure referred to in section 7.25 (a
"strategic biodiversity component" ),

(g) whether the housing and productivity contribution is required when a complying development certificate is issued for development.

(2) A Ministerial planning order that requires a housing and productivity contribution may specify the following--

(a) requirements relating to the form of the housing and productivity contribution,

(b) conditions that must be imposed by a consent authority or certifier as a condition of development consent, including the terms of the conditions,

(c) whether the conditions must require the person having the benefit of the development consent to obtain a decision by the Planning Secretary about--

(i) the housing and productivity contribution required under the Ministerial planning order, and

(ii) other obligations arising under the Ministerial planning order,

(d) exemptions from the housing and productivity contribution,

(e) the indexation of the housing and productivity contribution.