Planning, Development and Infrastructure Act 2016

A scheme coordinator has the following functions in relation to a proposed scheme:

to prepare scoped and costed proposals for the scheme that accord with any relevant design standards;

to develop a work program for the scheme;

to undertake consultation in relation to the scheme in accordance with subsection (1a) and any requirement under the Community Engagement Charter;

if it is proposed that a funding arrangement should be established under this Division—to develop the funding arrangement;

such other functions assigned by the Minister after consultation with the

A scheme coordinator must, in undertaking consultation under subsection (1)(c) on a proposed scheme, identify whether the Minister proposes to terminate an agreement or deed under section 167 in connection with the adoption of the scheme.

In addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the imposition of a charge made under Subdivision 7, the scheme coordinator should seek to act consistently with the following principles:

the charge should be limited to recovering the reasonable costs relating to the infrastructure; and

the charge should not have an excessively adverse impact on—

the development of a designated growth area or declared project area (as the case requires); or

housing or living affordability within a designated growth area or declared project area (as the case requires); or

employment, investment or economic viability associated with a designated growth area or declared project area (as the case requires); and

the charge must be based on a scheme under which a payment or payments under the charge become payable (or commence to become payable) on a specified event or events; and

funding under the scheme should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through contestable provision of basic infrastructure or primary infrastructure (as the case requires); and

rebates for charges should be available in appropriate circumstances; and

exemptions from the imposition of a charge should be considered depending on the circumstances of the case.

In connection with subsection (2)(c), an event or events that trigger the requirement to make, or to begin to make, a payment under a charge must be related to when development is undertaken being—

the depositing of a plan for the division of land under Part 19AB of the

undertaking of approved development.

In addition to subsection (2)(f), exemptions from the imposition of a charge under Subdivision 7 will apply in any circumstances prescribed by the regulations.

In addition to the other provisions of this Division, in developing a funding arrangement that includes a proposal for the collection of contributions under Subdivision 8, the scheme coordinator should seek to act consistently with the following principles:

the contributions should be limited to recovering the reasonable costs relating to the infrastructure;

the contributions should not have an excessively adverse impact on—

housing or living affordability within a contribution area; or

employment, investment or economic viability associated with a contribution area;

the timing of the collection of contributions under the scheme should be connected to the production or delivery of infrastructure to which the contributions relate, such that the scheme should not involve the collection of an excessive amount of contributions before the relevant infrastructure is produced or delivered; and

funding under the scheme—

may, as appropriate—

seek to attribute costs over the lifetime of the relevant infrastructure (or over some other appropriate period); or

be based on contributions that become payable on a specified event or events; and

should recognise the need to provide value for money in connection with funding arrangements including, as appropriate, through the contestable provision of infrastructure;

augmentation charges should be shared between beneficiaries in proportion to the benefits that they receive;

rebates for charges imposed under Subdivision 8 should be available in appropriate circumstances;

exemptions from the imposition of charges imposed under Subdivision 8 should be considered depending on the circumstances of the case.

For the purposes of subsections (2)(a) and (5)(a), the

the reasonable capital costs of the infrastructure based only on infrastructure that is not excessive and that is not produced or delivered at a cost or price that is unreasonable in the circumstances; and

the scheme coordinator's reasonable estimate of the value of any land to be used for the provision of the infrastructure; and

the reasonable costs relating to the initiation of the proposed scheme (including the costs of preparing a draft outline and appointing a scheme coordinator); and

the reasonable costs of preparing the proposed scheme for adoption (including the scheme coordinator's consideration of the scheme and related operational matters); and

the reasonable costs of overseeing the delivery of the infrastructure (or works that form part of the scheme) and, if relevant, administering a funding arrangement approved for the scheme.

In connection with subsection (5a)(b)—

the scheme coordinator's reasonable estimate of the value of land must be determined in accordance with any requirements published by the

if the land needs to be purchased, the value of that land includes any costs associated with its purchase.

In connection with subsection (5)(d)(i)(B), an event or events that trigger the requirement to make, or to begin to make, contributions should be related to when a benefit will begin to accrue, or is intended to accrue—

in relation to land; or

to the persons who will be subject to charges within a contribution area under Subdivision 8, being (for example)—

the

a change to Planning and Design Code; or

an approval or the undertaking of development (including development involving the provision of infrastructure).

In addition to subsection (5)(g), exemptions from the imposition of a charge imposed under

The scheme coordinator will, after taking the steps set out in subsection (1), prepare a report on the outcome of its activities and furnish a copy of the report to the Minister.

The

an owner or occupier of land; or

a proponent of development relating to the provision of infrastructure;

a provider of infrastructure.