New South Wales Consolidated Acts

CITY OF SYDNEY ACT 1988 - SECT 61

61 Development contributions

(1) Despite Part 4 of the Planning Act, a contributions plan prepared and approved under Division 6 of Part 4 of that Act in respect of the whole or any part of the land to which the Central Sydney Local Environmental Plan 1996 applies may authorise the imposition of a condition that the applicant for development consent pay a levy to the City Council of 1% of the cost, as estimated by the consent authority, of the proposed development.

(2) Such a contributions plan cannot authorise the imposition of such a levy on so much of a proposed development as comprises residential accommodation (within the meaning of the Accommodation Levy Act 1997 ) within a place of accommodation to which the Accommodation Levy Act 1997 applies.

(3) Such a contributions plan must specify the purposes for which any such levy is to be used. Any such levy must be used for the purposes so specified.

(4) A contributions plan prepared and approved as referred to in this section:

(a) is not subject to any direction of the Minister under Division 6 of Part 4 of the Planning Act, and

(b) does not have to comply with clause 26 of the Environmental Planning and Assessment Regulation 1994 (or any clause made in substitution for or by way of replacement of that clause).

(5) The City Council must not approve a contributions plan that contains a provision authorised by this section unless it has first obtained the concurrence of the Minister administering Part 4 of the Planning Act.

(6) If the Central Sydney Local Environmental Plan 1996 is replaced by another environmental planning instrument, this section continues to apply to the land to which that Plan applied immediately before its repeal.

(7) A condition authorised by this section is not affected by the enactment of the Environmental Planning and Assessment Amendment (Development Contributions) Act 2005 . However, this section ceases to apply if a contributions plan is prepared and approved under Division 6 of Part 4 of the Planning Act (as amended by that Act) that authorises the imposition of a levy under section 94A of the Planning Act in relation to the land to which this section applies.

Note: Section 32 (1) provides that this section is to be construed with, and as if it formed part of, the Planning Act.