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PLANNING ACT 2016 - SECT 301
Infrastructure charges resolutions
301 Infrastructure charges resolutions
(1) This section applies in relation to a local government’s planning scheme
that— (a) did not include a PIP (as defined under the old Act) before 4 July
2014; and
(b) does not include a LGIP on the commencement.
(2) A regulation
may identify a PIA for a local government area.
(3) A charges resolution,
whether made before or after the commencement, may do either or both of the
following despite sections 112 and 113— (a) identify development
infrastructure as trunk infrastructure for the local government area;
(b)
state the required standard of service, and establishment costs, for the trunk
infrastructure identified.
(4) The local government may do the following as
if the matters under subsection (3) were part of a LGIP, despite section
110— (a) adopt charges under section 112;
(b) give an infrastructure
charges notice under section 118;
(c) impose conditions about trunk
infrastructure under section 127 or 129.
(5) This section stops having effect
on the earlier of the following days— (a) the day the local government—
(i) amends the planning scheme to include a LGIP; or
(ii) adopts a new
planning scheme that includes a LGIP;
(b) if the local government’s cut-off
date under the old Act, section 975A, is after the commencement—the cut-off
date.
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