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.