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PLANNING ACT 2016 - SECT 113
Contents—general
113 Contents—general
(1) An adopted charge may be made for development if the charge is— (a)
prescribed by regulation for the development; and
(b) no more than the
maximum adopted charge for providing trunk infrastructure for the development.
(2) There may be different adopted charges for development in different parts
of the local government’s area.
(3) Also, a charges resolution may— (a)
declare there is no adopted charge for all or part of the local government’s
area; or
(b) include a provision (an
"automatic increase provision" ) that provides for automatic increases in
levied charges from when they are levied to when they are paid.
(4) An
automatic increase provision must state how increases under the provision are
to be worked out.
(5) However, an automatic increase must not be more than
the lesser of the following— (a) the difference between— (i) the
levied charge; and
(ii) the maximum adopted charge that the local government
could have levied for the development when the charge is paid;
(b) the
increase worked out using the PPI, adjusted according to the 3-yearly PPI
average, for the period— (i) starting on the day the levied charge is
levied; and
(ii) ending on the day the charge is paid.
(6) In this
section—
"3-yearly PPI average" means the PPI adjusted according to the 3-year moving
average quarterly percentage change between financial quarters.
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