(1) The Minister may, in accordance with this Subdivision, enter into an agreement with a person for the provision by that person of land or works or a combination of land and works to meet the whole or part of that person's liability or expected liability to pay a growth areas infrastructure contribution (a work-in-kind agreement ).
(2) A work-in-kind agreement may be entered into with other parties in addition to the person liable to pay the growth areas infrastructure contribution.
Note
Other parties may include another Minister or a public authority or an owner of land affected by the work-in-kind agreement.
(3) The land or works to be provided under a work‑in‑kind agreement must be—
(a) situated in a growth area; and
(b) of a type that may be funded from the Growth Areas Public Transport Fund under section 201VA or from the Building New Communities Fund under section 201VB.
(4) A work-in-kind agreement relating to a growth areas infrastructure contribution must be entered into before the day on which the contribution is payable.
(5) A work-in-kind agreement relating to a growth areas infrastructure contribution may be entered into whether or not the liability to pay the contribution arose before the commencement of this Subdivision.
(6) A work-in-kind agreement relating to a growth areas infrastructure contribution may be entered into in conjunction with the deferral of that contribution under Subdivision 3 or an approval for staged payment of that contribution under Subdivision 4.
(7) Before agreeing to enter into a work-in-kind agreement, the Minister must—
(a) consult with any other Minister that the Minister considers has a relevant interest in the subject matter of the agreement; and
(b) if the value of the work-in-kind agreement (within the meaning of section 201SLC(1)(e)) exceeds $2 million, obtain the approval of the Treasurer.
S. 201SLC inserted by No. 31/2011 s. 9.