Environmental Planning and
Assessment Amendment Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is:

(a) to amend the Environmental Planning and Assessment Act 1979:

        (i) to provide for contributions for the provision of infrastructure in relation
to development within special contributions areas, and
        (ii) to enable the Minister for Planning (the Minister) to give directions to
a council in respect of contributions plans, development control plans
and other matters, and
        (iii) to provide for the establishment of planning assessment panels and the
exercise of council’s planning functions by those panels and by
planning administrators, and

(b) to amend the Growth Centres (Development Corporations) Act 1974 to permit
the Minister to appoint a chief executive of a development corporation and to
require a corporation to submit an annual statement of business intent, and

(c) to amend the Redfern–Waterloo Authority Act 2004 to permit Crown land to
be transferred to the Redfern–Waterloo Authority and to permit the Minister
to delegate certain functions.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Acts set out
in Schedules 1–4.

Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979 No 203 with
respect to contributions
Schedule 1 [15] inserts proposed Subdivisions 4 and 5 into Division 6 of Part 4 of
the Environmental Planning and Assessment Act 1979 (the Principal Act). Proposed
Subdivision 4 provides for the levying of special contributions for the provision of
infrastructure as a condition of development consent in relation to development on
land within a special contributions area (being land within a growth centre or other
land for the time being described in proposed Schedule 5A to the Principal Act). The
level and nature of any contribution is to be determined by the Minister (any such
determination is not subject to appeal to the Land and Environment Court). The
Minister may direct a consent authority for development on land within a special
contributions area to impose a condition on a grant of development consent requiring
the developer to contribute, in accordance with the Minister’s determination, money
or land (or both) for the purpose of providing infrastructure in relation to the
development (if the Minister is the consent authority he or she may impose such a
condition without the need for a direction). Any such condition is in addition to any
condition the consent authority may impose under section 94 or 94A of the Principal
Act (which provide for contributions in relation to local infrastructure). Money
received by a consent authority is to be paid into the Special Contributions Areas
Infrastructure Fund (the Fund) established under proposed Subdivision 5. Money
from the Fund is to be paid to public authorities for the provision of infrastructure.

Proposed Schedule 5A to the Principal Act (which sets out the special contributions
areas) may be amended by the Minister by order published in the Gazette. Schedule
1 [1]–[5], [7], [10], [11] and [17] make consequential amendments.

Schedule 1 [6] provides that a planning authority other than the Minister is not to
enter a planning agreement that excludes a special contribution under proposed
Subdivision 4 without the approval of the Minister or a development corporation
designated by the Minister to give such approvals.

Schedule 1 [8] prevents a consent authority from imposing a condition under section
94A of the Principal Act in relation to development on land within a special
contributions area without the approval of the Minister or a development corporation
designated by the Minister to give such approvals.

Schedule 1 [12] provides that a contributions plan does not authorise the imposition
of conditions under section 94 of the Principal Act if the infrastructure to be provided
from the contribution under that section is infrastructure that is to be provided from
a special contribution under proposed Subdivision 4.

Schedule 1 [13] requires a council to provide the Minister with a copy of each
contributions plan approved by the council.

Schedule 1 [14] permits the Minister to direct a council to approve, amend or repeal
a contributions plan in the time and manner specified in the direction. If the council
fails to follow the direction, the Minister may make, amend or repeal the plan. The
Minister may also make, amend or repeal the plan if the council consents. The
Minister is not subject to the regulations in approving, amending or repealing a plan
and a person cannot appeal any such approval, amendment or repeal.

Schedule 1 [16] prevents a condition under section 94F of the Principal Act (which
relates to contributions for affordable housing) from being imposed in relation to
development on land within a special contributions area.

Schedule 1 [9] omits a cross reference to a repealed provision.

Schedule 1 [18] enables regulations to be made under the Principal Act that contain
savings and transitional provisions.

Schedule 1 [19] inserts a number of savings and transitional provisions into the
Principal Act.

Schedule 2 Miscellaneous amendments of
Environmental Planning and
Assessment Act 1979 No 203
Schedule 2 [1] amends the Environmental Planning and Assessment Act 1979 (the
Principal Act) to permit the Minister, subject to the regulations (if any), to direct a
council to make, amend or revoke a development control plan in the time and manner
specified in the direction. If a council fails to comply with a direction, the Minister
may make, amend or revoke the development control plan.

Schedule 2 [2] permits the Minister to direct a council to provide him or her with
reports on the council’s performance with respect to planning and development
matters.

Schedule 2 [3] inserts proposed Division 1AA into Part 6 of the Principal Act (to
replace section 118). The Division provides that if the Minister is of the opinion that
the council has failed to comply with its obligations under the planning legislation or
its performance in dealing with planning and development matters is unsatisfactory,
if the council agrees or if a report by the Independent Commission Against
Corruption recommends such an appointment, the Minister may appoint a planning
administrator or a planning assessment panel (or both) to exercise functions of a
council. Before making an appointment the Minister must consult with the Minister
for Local Government. A planning administrator may (as at present) exercise any of
the council’s functions under the Principal Act as are specified in the order of
appointment. A panel may exercise any of the council’s consent authority functions
under Part 4, or its functions in relation to the making of environmental planning
instruments under Part 3, of the Principal Act as are specified in the order of
appointment. A panel is to consist of persons appointed by the Minister and is subject
to the direction and control of the Minister except in relation to the determination of
a development application. A council is to pay the remuneration and costs and
expenses of a planning administrator or panel. A member of a council or a council
staff member commits an offence (maximum penalty $1,100) if he or she obstructs a
planning administrator, panel or certain associated persons in the exercise of the
person’s functions. Schedule 2 [4] makes provision with respect to the membership
and procedure of a panel (including provision for the conduct of particular business
in public if the Minister so orders).

Schedule 3 Amendment of Growth Centres
(Development Corporations) Act 1974
No 49
Schedule 3 [4] amends section 6 of the Growth Centres (Development Corporations)
Act 1974 (the Principal Act) to permit the Minister (or the Minister for Commerce in
respect of the Festival Development Corporation) to appoint a person as chief
executive of a development corporation constituted under Part 2 of the Principal Act.

If no such person is appointed, the Director-General of the Department of Planning
is to be the chief executive. Currently the Director-General is the chief executive of
each development corporation. Schedule 3 [1] and [3] make consequential
amendments. Schedule 3 [7] inserts a savings and transitional provision that requires
certain references to the Director-General to be construed as references to the chief
executive.

Schedule 3 [5] inserts proposed section 23 into the Principal Act which requires a
development corporation to prepare an annual statement of business intent and
submit the statement to the Minister and the Treasurer.

Schedule 3 [6] omits a provision that requires a member of a development
corporation to obtain the approval of the Minister before engaging in any paid
employment outside the duties of the member’s office.

Schedule 3 [8] enables regulations to be made under the Principal Act that contain
savings and transitional provisions.

Schedule 3 [2] updates a reference to a Department.

Schedule 4 Amendment of Redfern–Waterloo
Authority Act 2004 No 107
Schedule 4 [1] and [2] amend section 19 of the Redfern–Waterloo Authority Act
2004 (the Principal Act) to permit the Minister administering the Crown Lands Act
1989 to transfer to the Redfern–Waterloo Authority (the Authority), subject to the
terms and conditions agreed to between that Minister and the Minister for Redfern
Waterloo, Crown land within the operational area of the Authority or the
management of any such Crown land. Schedule 4 [3] makes a consequential
amendment.

Schedule 4 [2] also amends section 19 of the Principal Act to replace the definition
of public authority to make it clear that a public authority includes a government
department, a statutory body representing the Crown and a member of staff or other
person who exercises functions on behalf of a public authority.

Schedule 4 [4] inserts proposed section 27A into the Principal Act, which allows the
Minister for Planning to delegate to the Minister for Redfern Waterloo the Minister
for Planning’s functions as a consent authority in relation to development on land in
the operational area of the Authority.

Schedule 4 [5] permits the Minister for Redfern Waterloo to delegate to a member
of staff of the Authority functions as the approval body under Part 3A of the
Environmental Planning and Assessment Act 1979 that have been delegated to the
Minister by the Minister for Planning.

Schedule 4 [6] extends section 29 of the Principal Act (which excludes the
provisions of the Heritage Act 1977) to apply to all development on land in the
operational area of the Authority that is development requiring consent under Part 4
of the Environmental Planning and Assessment Act 1979 and for which a Minister is
the consent authority.

Schedule 4 [7] permits the Minister for Redfern Waterloo to delegate his or her
functions under section 29 of the Principal Act to the Authority or a member of staff
of the Authority.

Schedule 4 [8] extends section 30 of the Principal Act (which provides for
development contributions for affordable housing) to apply to all development on
land in the operational area of the Authority that is development requiring consent
under Part 4 of the Environmental Planning and Assessment Act 1979 (and for which
a Minister is the consent authority). Schedule 4 [10] and [11] make consequential
amendments.

Schedule 4 [9] precludes section 30 (development contributions for affordable
housing) of the Principal Act from applying to land in a special contributions area
within the meaning of Division 6 of Part 4 of the Environmental Planning and
Assessment Act 1979. This avoids duplication as affordable housing is one of the
matters for which a special contribution for infrastructure may be levied under
proposed Subdivision 4 of that Division.

Schedule 4 [12] extends section 31 of the Principal Act (which provides for
development contributions other than for affordable housing) to apply to all
development on land in the operational area of the Authority that is development
requiring consent under Part 4 of the Environmental Planning and Assessment Act
1979 (and for which the Minister is the consent authority). Schedule 4 [13], [14] and
[15] make consequential amendments.

Schedule 4 [16] makes it clear that a condition requiring a special contribution for
infrastructure may still be imposed under Division 6 of Part 4 of the Environmental
Planning and Assessment Act 1979 in addition to a condition under section 31
(development contributions (other than affordable housing)) of the Principal Act.

Schedule 4 [17] provides that a contributions plan must not authorise a condition to
be imposed under section 31 of the Principal Act or section 94 of the Environmental
Planning and Assessment Act 1979 if the infrastructure to which the condition relates
is or will be provided out of a special contribution for infrastructure under Division
6 of Part 4 of that Act.

Schedule 4 [18] enables regulations to be made under the Principal Act that contain
savings and transitional provisions.

Schedule 4 [19] inserts a number of savings and transitional provisions into the
Principal Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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