Queensland Numbered Acts

PLANNING ACT 2016 - SECT 119

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 be included—

(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 carried out;

(c) other development on the premises if the development may be lawfully carried out without the need for a further development permit.

(3) However—

(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

(b) the demand generated by development stated in subsection (2)(c) may be included if—

(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

(b) a 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.