Queensland Numbered Acts
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PLANNING ACT 2016 - SECT 119
Limitation of levied charge
(1) A levied charge may be only for extra demand placed on trunk
infrastructure that the development will generate.
(2) When working out extra
demand, the demand on trunk infrastructure generated by the following must not
(a) an existing use on the premises if the use is lawful and
already taking place on the premises;
(b) a previous use that is no longer
taking place on the premises if the use was lawful at the time the use was
(c) other development on the premises if the development may be
lawfully carried out without the need for a further development permit.
(a) the demand generated by a use or development stated in
subsection (2) may be included if an infrastructure requirement that applies,
or applied to the use or development, has not been complied with; and
demand generated by development stated in subsection (2)(c) may be included
(i) an infrastructure requirement applies to the premises on which the
development will be carried out; and
(ii) the infrastructure requirement was
imposed on the basis of development of a lower scale or intensity being
carried out on the premises.
(4) In this section—
"charges notice" means—
(a) an infrastructure charges notice; or
notice stated in section 124(3).
"infrastructure requirement" means a charges notice, or a condition of a
development approval, that requires infrastructure or a payment in relation to
demand on trunk infrastructure.
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