New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 25E

25E Explanatory note

(1) A planning authority proposing to enter into a planning agreement, or an agreement that revokes or amends a planning agreement, must prepare a written statement (referred to in this Division as an "explanatory note"):

(a) that summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and

(b) that contains an assessment of the merits of the proposed agreement, amendment or revocation, including the impact (positive or negative) on the public or any relevant section of the public.

(2) Without limiting subclause (1), an explanatory note must:

(a) identify how the agreement, amendment or revocation promotes the public interest and one or more of the objects of the Act, and

(b) if the planning authority is a development corporation, identify how the agreement, amendment or revocation promotes one or more of its responsibilities under the Growth Centres (Development Corporations) Act 1974 , and

(c) if the planning authority is a public authority constituted by or under an Act, identify how the planning agreement, amendment or revocation promotes one or more of the objects (if any) of the Act by or under which it is constituted, and

(d) if the planning authority is a council, identify how the agreement, amendment or revocation promotes one or more of the elements of the council’s charter under section 8 of the Local Government Act 1993 , and

(e) identify a planning purpose or purposes served by the agreement, amendment or revocation, and contain an assessment of whether the agreement, amendment or revocation provides for a reasonable means of achieving that purpose, and

(f) identify whether the agreement, amendment or revocation conforms with the planning authority’s capital works program (if any).

(3) The explanatory note is to be prepared jointly with the other parties proposing to enter into the planning agreement.

(4) However, if 2 or more planning authorities propose to enter into a planning agreement, an explanatory note may include separate assessments prepared by the planning authorities in relation to matters affecting only one of the planning authorities, or affecting those planning authorities in a different manner.

(5) A copy of the explanatory note must be exhibited with the copy of the proposed agreement, amendment or revocation when it is made available for inspection by the public in accordance with the Act.

(6) If a council is not a party to a planning agreement that applies to the area of the council, a copy of the explanatory note must be provided to the council when a copy of the agreement is provided to the council under section 93G (4) of the Act.

(7) A planning agreement may provide that the explanatory note is not to be used to assist in construing the agreement.