Environmental Planning and Assessment Act 1979

If a Ministerial planning order requires a housing and productivity contribution in relation to development—

a consent authority must impose a condition on a development consent for the development requiring the housing and productivity contribution, or

for complying development—a certifier must impose a condition on a complying development certificate for the development requiring the housing and productivity contribution.

The condition must be imposed in accordance with the Ministerial planning order.

If the consent authority or the certifier fails to impose the condition, the condition—

is taken to have been imposed in the terms required by the Ministerial planning order, and

the condition has effect as if it had been imposed by the consent authority or the certifier.

A housing and productivity contribution may be required in addition to a condition imposed under section 7.11 or 7.12.

If a housing and productivity contribution is required to be made before a certificate under Part 6 or a strata certificate under the Strata Schemes Development Act 2015 is issued for development, the certificate must not be issued until the contribution is made.

A condition imposed under this section must not be modified without the approval of the Minister.