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ENVIRONMENTAL PLANNING AND ASSESSMENT
(CONTRIBUTIONS PLANS) AMENDMENT BILL 1991 *
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to regulate further the imposition of conditions on the
granting of development consent that require a dedication of land or a contribution of
money as required to in section 94 of the Environmental Planning and Assessment Act
1979.
As a consequences of the amendments, a local government council will not be able to
impose such a condition unless it is of a kind allowed by, and is imposed in accordance
with, a public document (to be known as a contributions plan) adopted by the council.
The amendments also define the powers of the Minister and the Director of Planning
in imposing section 94 conditions and make it clear that, when imposing such
conditions, they will be req to have regard to (but will not be bound by) any
relevant contributions plans.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of provisions of the proposed Act.
Clause 3 is a formal provision that gives effect to the amendments to the Principal
Act.
SCHEDULE 1--AMENDMENTS
Use of monetary contributions
Schedule 1(1) (a) amends section 94 (3) which, when amended, will provide that
any monetary contribution received for the purpose of providing, extending or
augmenting a particular public amenity or public service, together with any additional
amount earned by ita investment, is to be held by the consent authority and applied for
that purpose within a reasonable time.
* Amended in committee--see table at end of volume.
Application of contributions plans
Schedule 1 (1) (b) amends section 94 to provide that, when granting consent to a
development application made on or after the day proclaimed in that regard, a council
may impose a section 94 condition only if it is of a kind allowed by, and is in
accordance with, a contributions plan approved by the council.
A condition of a kind allowed by a contributions plan remains appealable as
unreasonable.
Section 94 conditions imposed by the Minister or Director
Schedule 1 (2) inserts new section 94AA. The proposed section stares how section
94 will apply if the Minister for Planning or the Director of Planning wants to impose a
section 94 condition when granting consent to the carrying out of development:
· on land that is within a growth centre (defined as including a "designated area"
under the Albury-Wodonga Development Act 1974); or
· on other land that is within a single local government area.
In the case of land within a growth centre, such a condition will be able to require a
contribution towards the provision of public amenities or public services for the whole
of the growth calm (regardless of local government boundaries).
When imposing a section 94 condition in any case, the Minister or Director must
have regard to (but is not bound by) any relevant contributions plan. Any money
received as a consequence of any such condition must be transferred to the development
corporation for the centre or the council of the area concerned and must be used within a
reasonable time for
purpose for which it was levied.
Making and effect of contributions plans
Schedule 1 (2) also inserts new sections 94AB and MAC. Of the poposed sections:
Section 94AB provides for the making and approval of contributions plans.
It requires that such a plan be consistent with any relevant Ministerial directions
made under section 94A. It leaves most of the subject-matter (together with
requirements for the drafting, exhibition and approval procedures) to be determined by
regulations and provides a presumption that those procedures have been complied with.
Section 94AC provides for judicial notice to be taken of a contributions plan and of
the date it came into effect. It also prohibites a challenge to the validity of the procedures
followed in making a contributions plan unless it is commenced in the Land and
Environment Court within 3 months after the plan came into effect. The effect of
anything duly done under a plan before it is amended or repealed is preserved.