New South Wales Consolidated Acts

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54Q Guidelines

(1) The Minister for Climate Change and the Environment may, with the concurrence of the Minister administering this Act, from time to time prepare, adopt or vary guidelines relating to environmental upgrade agreements and the functions of councils under this Part.
(2) In particular, the guidelines may specify provisions that may be included in an environmental upgrade agreement with respect to--
(a) the making of contributions by lessees towards environmental upgrade charges payable under an agreement (including by providing for the methodology by which the cost savings to be made by a lessee as a consequence of environmental upgrade works are to be estimated), and
(b) progress or implementation reports to be made by a building owner under an environmental upgrade agreement.
(3) The methodology may permit both savings made directly by the lessee and a proportion of savings made by all occupants of the relevant building to be counted towards the cost savings made by the lessee.
(4) A council must take the guidelines into consideration before exercising any of its functions under this Part.
(5) The regulations may adopt the guidelines, or any part of the guidelines, as mandatory requirements.
(6) A council must comply with any mandatory requirements of the guidelines in exercising its functions under this Part.
(7) Guidelines made under this section are to be published in the Gazette.

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