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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201TF

Reduction of GAIC if agreement to provide State infrastructure or funds

    (1)     Subject to subsection (2), a person on whom a growth areas infrastructure contribution is imposed in relation to land in the contribution area may apply to the Minister for a reduction of the whole or part of the liability to pay that contribution if—

S. 201TF(1)(a) amended by No. 31/2011 s. 27(3).

        (a)     the person or a former owner of the land has entered into an agreement of a class described in subsection (3); and

        (b)     the agreement relates to the provision of State infrastructure on any part of the land in respect of which the contribution is imposed or on any other land in the growth area in which that land is located.

    (2)     An application under subsection (1) must be made before the day on which the contribution is payable.

    (3)     For the purposes of subsection (1), the classes of agreements are—

        (a)     an agreement that was entered into before the first announcement day between the person, or a former owner of the land, and an agency for the person or former owner to provide—

              (i)     State infrastructure; or

              (ii)     land for State infrastructure; or

              (iii)     a combination of State infrastructure and the payment of money to the agency to provide State infrastructure; or

        (b)     an agreement between the person, or a former owner of the land, and an agency, to pay money to the agency to provide State infrastructure or land for State infrastructure that was entered into—

              (i)     in the case of type A land, type B‑1 land or type B-2 land, on or after the relevant day for that land and ending immediately before the commencement day;

              (ii)     in the case of type C land, before the relevant day.

    (4)     The Minister may grant a reduction of the whole or part of the liability of a person to pay a growth areas infrastructure contribution if the person has applied in accordance with this section.

    (5)     Despite subsection (4), if the agreement entered into by a person is of a class described in subsection (3)(b) and the contribution amount exceeds $2 million, the Minister may grant a reduction of the person's liability to pay a growth areas infrastructure contribution only with the agreement of the Treasurer.

S. 201TF(6) amended by No. 6/2010 s. 203(1)
(Sch. 6 item 35.5) (as amended by No. 45/2010 s. 22), substituted by No. 61/2011 s. 25(Sch. 1 item 7.3), amended by Nos 70/2013 s. 4(Sch. 2 item 36.6), 11/2017 s. 85.

    (6)     In this section "agency" means a public authority or the Secretary to the Department of Economic Development, Jobs, Transport and Resources.

S. 201TG (Heading) substituted by No. 31/2011 s. 22(1).

S. 201TG inserted by No. 23/2010 s. 9.



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