Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANNING AND DEVELOPMENT ACT 2005 - SECT 154

154 .         Money paid in lieu of open space, application of

        (1)         All money received by a local government under section 153 is to be paid into a separate reserve account established and maintained under the Local Government Act 1995 section 6.11 for the purposes set out in subsection (2)(a) to (d).

        (2)         The money is to be applied —

            (a)         for the purchase of land by the local government for parks, recreation grounds or open spaces generally, in the locality in which the land included in the plan of subdivision referred to in section 153 is situated; or

            (b)         in repaying any loans raised by the local government for the purchase of any such land; or

            (c)         with the approval of the Minister, for the improvement or development as parks, recreation grounds or open spaces generally of any land in that locality vested in or administered by the local government for any of those purposes; or

            (d)         with the approval of the Commission, in reimbursing an owner (the first owner ) of land included in a joint subdivision agreement for land that has been set aside and vested for parks, recreation grounds or open space where —

                  (i)         the first owner set aside a greater proportion of land than another owner (the second owner ); and

                  (ii)         as a consequence, the local government and the Commission approved of the second owner paying to the local government a sum in lieu of land being set aside for that purpose and that sum, or the relevant proportion of that sum, being reimbursed to the first owner for the excess proportion of land set aside by the first owner.

        (3)         If interest is earned from the investment of moneys held under subsection (1), that money is to be applied for a purpose set out in subsection (2).

        [Section 154 amended: No. 26 of 2020 s. 86.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback