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DEVELOPMENT (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 79 OF 2005) - SECT 21

21—Insertion of section 57A

After section 57 insert:

57A—Land management agreements—development applications

        (1)         Subject to this section, a designated authority may enter into an agreement under this section with a person who is applying for a development authorisation under this Act that will, in the event that the relevant development is approved, bind—

            (a)         the person; and

            (b)         any other person who has the benefit of the development authorisation; and

            (c)         the owner of the relevant land (if he or she is not within the ambit of paragraph (a) or (b) and if the other requirements of this section are satisfied).

        (2)         An agreement under this section may relate to any matter that the person applying for the development authorisation and the designated authority agree is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under this Act).

        (3)         However, the parties proposing to enter into an agreement must have regard to—

            (a)         the provisions of the appropriate Development Plan; and

            (b)         the principle that the entering into of an agreement under this section by the designated authority should not be used as a substitute to proceeding with an amendment to a Development Plan under this Act.

        (4)         An agreement under this section cannot require a person who has the benefit of the relevant development authorisation to make a financial contribution for any purpose that is not directly related to an issue associated with the development to which the agreement relates.

        (5)         Agreements entered into under this section must be registered in accordance with the regulations.

        (6)         A register must be kept available for public inspection (without charge) in accordance with the regulations.

        (7)         A person is entitled, on payment of the prescribed fee, to a copy of an agreement registered under subsection (5).

        (8)         If an agreement is entered into under this section in connection with an application for a development authorisation with respect to a Category 2 or Category 3 development, a note of the existence of the agreement must be included on the notice of the relevant authority's decision under this Act.

        (9)         A development to which an agreement under this section relates cannot be commenced pursuant to the relevant development approval unless or until the agreement has effect under this section.

Penalty: Division 3 fine.

Additional penalty.

Default penalty: $500.

        (10)         An agreement under this section does not have effect unless or until it is noted against the relevant instrument of title or land under this section.

        (11)         If an owner of the land is not a party to an agreement, an application to note the agreement against the relevant instrument of title or the land cannot be made without the consent of the owner (and the owner has a discretion as to whether or not to give his or her consent under this subsection).

        (12)         An owner of land must not enter into an agreement, or give a consent under subsection (11), unless all other persons with a legal interest in the land consent.

        (13)         A consent must be given in a manner and form determined by the Registrar-General.

        (14)         If the Registrar-General is satisfied that the requirements of this section have been satisfied, the Registrar-General must, on an application of a party to an agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886 , against the land.

        (15)         Where a note has been entered under subsection (14), the agreement is binding on the current owner of the land whether or not the owner was an initial party to the agreement or the person who gave any consent for the purposes of subsection (11), and notwithstanding the provisions of the Real Property Act 1886 .

        (16)         The Registrar-General must, if satisfied on the application of a party to the agreement, the Minister, or any owner of the relevant land, that an agreement under this section has been rescinded or amended, enter a note of the rescission or agreement against the instrument of title, or against the land.

        (17)         The fact that the Minister or a council is a party to an agreement under this section does not prevent the Development Assessment Commission or the council (or a delegate of the Development Assessment Commission or the council) from acting as a relevant authority under this Act in relation to the proposed development.

        (18)         If an agreement under this section does not have effect under this section (see subsection (10)) within the period prescribed by the regulations, the relevant authority may, by notice given in accordance with the regulations, lapse the relevant development approval (and the agreement will then be rescinded by force of this subsection).

        (19)         Despite a preceding subsection, an agreement under this section cannot make provision with respect to any matter excluded from the ambit of this section by the regulations.

        (20)         Nothing in this section affects or limits the operation of section 57.

        (21)         In this section—

"designated authority" means—

            (a)         the Minister; or

            (b)         another Minister designated by the Governor, by notice in the Gazette, as being a designated authority for the purposes of this section; or

            (c)         a council.



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