For the purpose of calculating a cash payment in lieu of public open space under s 117(2) of the Local Government (Building and Miscellaneous Provisions) Act 1993 (Tas), the land must be valued on an after-subdivision basis at or around the date the final plan takes effect under s 94, not at the earlier date of first lodgement of the final plan with the council. Sections 117(1) and (2) operate independently: a council can require payment under s 117(2) without first requiring security under s 117(1), but the requirement must be imposed as a condition of planning approval. Where a permit condition is inconsistent with s 117, the statutory provision prevails and the inconsistent condition is ultra vires and of no effect.
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