(1) A work-in-kind agreement may contain a term that restricts a person, who has entered into the agreement to meet a liability to pay a growth areas infrastructure contribution or another person who is a party to the agreement, from any dealing or dealings with the following land unless the person has obtained the consent of the Minister—
(a) land that is to be transferred under the agreement;
(b) land on which works are to be carried out under the agreement (other than Crown land);
(c) the whole or part of the land in respect of which the growth areas infrastructure contribution is imposed.
(2) In this section, "dealing", in relation to land, includes entering into any sale, transaction or arrangement, or obtaining or granting any lease, licence or approval, with respect to the land, or making any improvements of a durable nature to the land, but does not include any of the following—
(a) a sale of any of the land to the person to whom the land is to be transferred under the work-in-kind agreement;
(b) any approvals relating to a plan of subdivision of the land to enable a sale of land for the purposes of paragraph (a);
(c) any works required to be carried out on the land under the work-in-kind agreement or approvals relating to those works;
(d) any approvals relating to the plan of subdivision of the land or building works to be carried out on the land in respect of which the growth areas infrastructure contribution is imposed;
(e) the discharging of the whole or any part of the land from any mortgage affecting that land.
S. 201SLE (Heading) amended by No. 11/2017 s. 72(1).
S. 201SLE inserted by No. 31/2011
amended by No. 11/2017 s. 72(2).