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PLANNING ACT 2016 - SECT 128
Offset or refund requirements
128 Offset or refund requirements
(1) This section applies if— (a) trunk infrastructure that is the subject of
a necessary infrastructure condition services, or is planned to service,
premises other than the subject premises; and
(b) an adopted charge applies
to the development.
(2) If the cost of the infrastructure required to be
provided under the condition is equal to or less than the amount worked out by
applying the adopted charge to the development, the cost must be offset
against that amount. Note— For how the cost is worked out, see sections 115
and 136.
Example— A necessary infrastructure condition of a development approval
requires transport infrastructure to be provided. The cost of the transport
infrastructure is $500,000. Adopted charges apply to the development at a
total amount of $600,000. The cost of the infrastructure under the necessary
infrastructure condition ($500,000) must be offset against the total amount
worked out by applying the adopted charge to the development ($600,000),
rather than offsetting it only against the part of the charge relating to
transport infrastructure.
(3) If the cost of the infrastructure required to
be provided under the condition is more than the amount worked out by applying
the adopted charge to the development— (a) no amount is payable for the
development approval; and
(b) the local government must refund to the
applicant the difference between the establishment cost of the trunk
infrastructure and the amount worked out by applying the adopted charge to the
development.
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