Queensland Numbered Acts

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PLANNING ACT 2016 - SECT 127

Necessary infrastructure conditions

127 Necessary infrastructure conditions

(1) If the LGIP identifies adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring either or both of the following to be provided at a stated time—
(a) the identified infrastructure;
(b) different trunk infrastructure delivering the same desired standard of service.
(2) If the LGIP does not identify adequate trunk infrastructure to service the subject premises, the local government may impose a development condition requiring development infrastructure necessary to service the premises to be provided at a stated time.
(3) However, a local government may impose a condition under subsection (2) only if the development infrastructure services development consistent with the assumptions in the LGIP about type, scale, location or timing of development.
(4) A necessary infrastructure condition is taken to comply with section 65(1) if—
(a) generally, the infrastructure required is the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and
(b) for a necessary infrastructure condition that requires the provision of the infrastructure located on the subject premises—
(i) the provision is not an unreasonable imposition on the development; or
(ii) the provision is not an unreasonable imposition on the use of the subject premises as a consequence of the development.
(5) To remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if the infrastructure will service premises other than the subject premises.



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