Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 122AG

122AG Housing agreement applies instead of PDA development condition requiring payment of amount

(1) This section applies if MEDQ enters into a housing agreement with an entity to waive the payment of an amount required under a PDA development condition of a PDA development approval imposed under section 88 (1) (f) (iii) in exchange for the supply of social housing or affordable housing on—

(a) the relevant land for the PDA development approval; or

(b) land other than the relevant land for the PDA development approval.

(2) To the extent of any inconsistency, the housing agreement applies instead of the PDA development condition.

(3) Subsections (4) , (5) and (6) apply if—

(a) the relevant land for the PDA development approval ceases to be in, or to be PDA-associated land for, a priority development area; and

(b) the PDA development condition becomes a condition of a Planning Act approval under chapter 3 , part 2 , division 4 , subdivision 2 , even if, as mentioned in section 51AI , the condition could not be imposed under the Planning Act (the
"transitional payment condition" ).

(4) The housing agreement—

(a) continues to have effect according to the terms of the housing agreement; and

(b) MEDQ continues to be a party to the housing agreement; and

(c) MEDQ’s rights and responsibilities under the housing agreement continue; and

(d) to the extent of any inconsistency, the housing agreement applies instead of the transitional payment condition.

(5) Subsection (4) applies even if the terms of the housing agreement could not be imposed under the Planning Act and the housing agreement could not be entered into under the Planning Act .

(6) If the housing agreement is terminated or of no effect, any amount required to be paid under the transitional payment condition is payable to MEDQ as a debt.