New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 7.31D

7.31D Payments out of HAP Fund

(1) The following are payable from the HAP Fund--

(a) payments to public authorities for the provision of regional infrastructure, including associated administrative expenses,

(b) money required to meet administrative expenses in relation to the HAP Fund,

(c) money directed or authorised to be paid from the HAP Fund by this Act or the regulations,

(d) money to repay money advanced by the Treasurer under section 7.31C(e).

(2) A payment for the provision of regional infrastructure may be made if the infrastructure is--

(a) identified in a strategic plan, or

(b) identified in a State infrastructure strategy or an infrastructure plan under the Infrastructure NSW Act 2011 , Part 4, or

(c) recommended for funding by the Minister because the Minister considers the infrastructure assists in achieving the purpose of the HAP Fund.

(3) In making a recommendation under subsection (2)(c), the Minister must consider any representations made, in accordance with arrangements established by the Minister, by the following--

(a) public authorities that deliver regional infrastructure,

(b) councils,

(c) the development industry.

(4) The Treasury Secretary may make a payment out of the HAP Fund, other than a repayment of money advanced by the Treasurer, only--

(a) with the approval of the Treasurer, and

(b) after consulting with the Minister.

(5) The regulations may provide for councils to make submissions to the Minister and Treasurer about future payments from the HAP Fund.