Planning, Development and Infrastructure Act 2016

In order to reimburse itself for the amounts contributed (or to be contributed) under this Subdivision, a council must impose a charge on rateable land in the contribution area.

A charge must be consistent with—

the funding arrangement established under Subdivision 6;

any determination or direction of the Minister.

Except to the extent that the contrary intention appears, Chapter 10 of the Local

Without limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of

section 154(1),

of that Act will not apply in relation to the charge and the basis for the charge will be chosen from the following (as set out in the relevant funding arrangement):

the value of rateable land; or

a fixed charge of the same amount on all rateable land; or

a fixed charge of an amount that depends on the purpose for which rateable land is used; or

the area of rateable land; or

the purpose for which rateable land is used and the area of the land; or

the location of rateable land;

if the value of rateable land is the basis for the charge under paragraph (a), a council must use capital value, site value or annual value as the basis to impose the charge;

if a fixed charge is the basis for the charge under paragraph (a), then section 152 of that Act will apply subject to any modifications prescribed by the regulations;

if relevant, the purposes for which land is used that may be the basis for the charge under paragraph (a) will be purposes prescribed by the regulations;

despite section 154(6) of that Act, a charge under this Subdivision may be declared more than 1 month before the commencement of a financial year to which the charge relates;

section 151(5) of that Act will not apply in relation to the charge;

section 156 of that Act will apply (subject to the use of any differentiating factor under paragraph (a));

any other section, or part of any other section, of that Act prescribed by the regulations will not apply in relation to the charge;

the regulations may modify the operation of Chapter 10 of that Act in any other respect.

To avoid doubt, nothing in subsection (4) prevents the operation of section 158 of the Local

A charge is not invalid because it raises more or less than the amount that the council must contribute under this Subdivision.

If a council incurs costs in recovering a charge as a debt, the council is entitled to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under

A regulation cannot be made for the purposes of this section unless the