Schedule 3 Amendments relating to development contributions
(Section 3)
3.1 Amendment of Environmental Planning and Assessment Act 1979
[1] Section 75O Giving of approval for concept plan
Omit “planning agreement referred to in section 93F” from section 75O (5).Insert instead “planning agreement under Division 4 of Part 5B”.
[2] Section 75R Application of other provisions of Act
Omit section 75R (4).
Insert at the end of the section:Note. Section 116B provides for the application of Part 5B (Provision of public infrastructure) to projects and the giving of approval for the carrying out of projects under this Part.
[4] Part 4, Divisions 6 and 6A
Omit the Divisions.
Insert after Part 5A:Part 5B Provision of public infrastructure
(1) In this Part:community infrastructure—see section 116C.
community infrastructure contribution means a development contribution required by a consent authority under Division 2.
contributions plan means a contributions plan approved under this Part.
development contribution means:
(a) the dedication of land free of cost, or(b) the payment of a monetary contribution.Note. Development contributions for community infrastructure are provided for in Division 2 and development contributions for public infrastructure are provided for in Division 3.development corporation means a development corporation constituted under Part 2 of the Growth Centres (Development Corporations) Act 1974.
growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974.
planning agreement means a voluntary planning agreement provided for in Division 4.
planning authority means:
(a) a council, or(b) the Minister, or(c) the corporation, or(d) a development corporation, or(e) a public authority declared by the regulations to be a planning authority for the purposes of this Part.public infrastructure—see section 116C.
State contributions area means land for the time being described in Schedule 5A.
State infrastructure contribution means a State infrastructure contribution determined by the Minister under Division 3.
(2) Words and expressions used in Schedule 1 have the same meanings as they have in this Part.(1) This Part applies to development that requires development consent.(2) This Part applies to projects under Part 3A (and the giving of approval for the carrying out of projects under that Part) in the same way as it applies to development and the granting of consent to the carrying out of development under Part 4, subject to any necessary modifications and any modifications prescribed by the regulations. However, a condition cannot be imposed under a provision of Division 2, 3 or 5 of this Part unless the provision would have applied if Part 3A did not apply to the project and a development consent were granted.116C Community and public infrastructure
(1) In this Part:community infrastructure means public amenities and public services, but does not include water supply or sewerage services.
public infrastructure includes:
(a) public amenities and public services, and(b) affordable housing, and(c) transport infrastructure,but does not include water supply or sewerage services.(2) In this Part, provision of public infrastructure includes:(a) the provision, extension and augmentation of (or the recoupment of the cost of providing, extending or augmenting) public infrastructure, and(b) the funding of recurrent expenditure relating to the provision, extension and augmentation of public infrastructure, and(c) the conservation or enhancement of the natural environment, and(d) any action of a planning authority in connection with the exercise of any statutory function under this Act, including the carrying out of any research or investigation and the preparation of any report, study or instrument.116D Key considerations for development contributions
The following are the key considerations for development contributions for the purposes of this Part:(a) Can the public infrastructure that is proposed to be funded by a development contribution be provided within a reasonable time?(b) What will be the impact of the proposed development contribution on the affordability of the proposed development?(c) Is the proposed development contribution based on a reasonable apportionment between existing demand and new demand for public infrastructure to be created by the proposed development to which the contribution relates?(d) Is the proposed development contribution based on a reasonable estimate of the cost of proposed public infrastructure?(e) Are the estimates of demand for each item of public infrastructure to which the proposed development contribution relates reasonable?(1) The regulations may make provision for or with respect to requiring the collection and publication by planning authorities of information concerning the provision of public infrastructure and the determination, collection, application and use of development contributions under this Part.(2) The information required to be collected and published can include (but is not limited to):(a) details of the amounts of monetary contributions paid and the purposes for which they were paid, and(b) details of the purposes for which monetary contributions have been applied by a planning authority, and(c) details of the time frame for the provision of public infrastructure to which any contributions plan approved by the planning authority relates, and(d) details of any borrowings or other arrangements made by a planning authority for the provision of public infrastructure, and(e) the amount and other details of any monetary contributions that have not been applied for the purpose for which they were paid and that continue to be held by a planning authority.(3) The regulations can, for example, require the publication of information by a planning authority by requiring inclusion of the information in any annual or other report of the planning authority.116F Use of development contributions
(1) A consent authority or planning authority is to hold any monetary contribution paid under this Part (including under a planning agreement) for the purpose for which the payment was required, and apply the money towards that purpose within a reasonable time.(2) Money paid under this Part for different purposes may be pooled and applied progressively for those purposes, subject to the requirements of any relevant contributions plan.(3) Money paid as an indirect contribution under Division 2 is to be applied (subject to any relevant provisions of a contributions plan) towards the provision, extension or augmentation of community infrastructure or towards recouping the cost of the provision, extension or augmentation of community infrastructure.(4) Land dedicated under this Part is to be made available by the consent authority or planning authority for the purpose for which the dedication was required and within a reasonable time.(5) A reference in this section to a monetary contribution includes a reference to any additional amount earned from its investment.(6) This section is subject to any direction of the Minister under this Part.(7) This section does not apply in respect of any of the following:(a) monetary contributions paid, and the proceeds of the sale of land dedicated, under Division 2 (Community infrastructure contributions) in respect of development within a growth centre (or other area of land) that is specified in Schedule 3 (Community Infrastructure Trust Fund areas) to the Growth Centres (Development Corporations) Act 1974,Note. Section 25 of the Growth Centres (Development Corporations) Act 1974 requires these contributions to be paid into a Community Infrastructure Trust Fund. The other areas of land referred to in this paragraph are former growth centres.(b) a State infrastructure contribution under Division 3,(c) a development contribution under Division 5 (Development contributions for affordable housing).Division 2 Community infrastructure contributions
116G Direct and indirect contributions for community infrastructure
(1) A consent authority can require the following development contributions in respect of development:direct contributions, being either or both of the following:
(a) a reasonable development contribution for the provision, extension or augmentation of community infrastructure within the area,(b) a reasonable monetary contribution towards recoupment of the cost of providing existing community infrastructure within the area.indirect contributions, being the payment of a monetary contribution that is a percentage of the proposed cost of carrying out the development.
(2) An indirect contribution cannot be required in relation to development if a direct contribution is required in relation to that development.(3) Once a direct contribution has been required in respect of development comprising the subdivision of land (the initial development), no direct or indirect contribution can be required in respect of other development on that land except to the extent (if any) that the other development will or is likely to increase the demand for community infrastructure beyond the increase in demand attributable to the initial development.116H Councils require contributions plan
(1) A council cannot require a community infrastructure contribution unless it is of a kind allowed by, and is determined in accordance with, a contributions plan approved by the council.(2) The Minister may, by direction in writing given in a particular case, authorise a council to require a community infrastructure contribution even though it is not of a kind allowed by, or is not determined in accordance with, a contributions plan approved by the council.(3) A council and the Minister must have regard to the key considerations for development contributions established by section 116D when approving a contributions plan or giving a direction under this section.116I Councils limited to contributions for key community infrastructure
(1) A council’s contributions plan cannot allow the council to require a community infrastructure contribution unless the community infrastructure is:(a) key community infrastructure (being community infrastructure prescribed by the regulations as key community infrastructure), or(b) additional community infrastructure (being community infrastructure other than key community infrastructure) that the Minister has approved for the council under this section.(2) The Minister may on application by a council approve particular community infrastructure or a kind of community infrastructure as additional community infrastructure for the council.(3) The Minister may by direction in writing to one or more councils direct that (despite any other provision of this section or the regulations) a contributions plan of the council may permit the council to require a community infrastructure contribution for specified additional community infrastructure.(4) In determining whether to grant approval or give a direction under this section, the Minister must have regard to the key considerations for development contributions established by section 116D.(5) The regulations may:(a) limit the kinds of infrastructure that may be the subject of an approval or direction of the Minister of additional community infrastructure for the purposes of this section, and(b) require a council that applies for the approval of the Minister under this section to provide specified information and documents (such as a business plan and independent assessment of the business plan) in support of or otherwise in connection with the application.116J Nexus for direct contributions
(1) A direct contribution for the provision, extension or augmentation of community infrastructure within an area can only be required if the consent authority is satisfied that the development concerned will or is likely to require the provision of or increase the demand for that community infrastructure.(2) A direct contribution towards recoupment of the cost of providing existing community infrastructure within the area can only be required if:(a) the consent authority is satisfied that the development concerned will, if carried out, benefit from the provision of the existing public infrastructure, and(b) the existing public infrastructure was (at any time, whether before or after the date of commencement of this Part) provided within the area by a consent authority in preparation for or to facilitate the carrying out of development in the area.(3) For the purposes of a direct contribution, the cost of providing existing community infrastructure is that cost as indexed in accordance with the regulations.(4) A direct contribution cannot be required if the community infrastructure concerned is, in whole or in part, infrastructure provided, or to be provided, in relation to the development out of State infrastructure contributions.116K Nexus for indirect contributions
(1) The validity of an indirect contribution is not affected by there being no connection between the development the subject of the indirect contribution and the object of expenditure of any money required to be paid.(2) A consent authority cannot require payment of an indirect contribution in relation to development on land in a State contributions area except with the approval of the Minister or a development corporation designated by the Minister to give approvals under this subsection.(3) The regulations may make provision for or with respect to indirect contributions, including:(a) the means by which the proposed cost of carrying out development is to be estimated or determined, and(b) the maximum percentage of an indirect contribution.(4) The Minister may by direction to a consent authority in the case of a particular development application permit the consent authority to require payment of an indirect contribution of a percentage in excess of any maximum percentage fixed by the regulations. The Minister’s direction may also include requirements for the public notification of any such permission, including notification in any contributions plan of the consent authority.116L Minister’s directions about community infrastructure contributions
(1) The Minister may, generally or in any particular case or class of cases, direct a consent authority as to any one or more of the following:(a) the community infrastructure in relation to which a requirement for a community infrastructure contribution may or may not be imposed,(b) in the case of a requirement for a direct contribution requiring the payment of a monetary contribution—the means by which or the factors in relation to which the amount of the contribution may or may not be calculated or determined, and the maximum amount of any such contribution,(c) in the case of a requirement for an indirect contribution—the maximum percentage or maximum amount of the indirect contribution,(d) the things that may or may not be accepted as a material public benefit for the purposes of a requirement for a direct contribution,(e) the type or area of development in respect of which a community infrastructure contribution may or may not be imposed,(f) the time within which community infrastructure contributions in the form of monetary contributions under this Division are to be applied (including a direction as to what constitutes a reasonable time for the provision of community infrastructure funded by community infrastructure contributions under this Division),(g) the use of community infrastructure contributions in the form of monetary contributions for purposes other than those for which they were paid,(h) the preparation of joint contributions plans by 2 or more councils.(2) A consent authority to which a direction is given under this section must comply with the direction in accordance with its terms.(3) A consent authority must not, in granting development consent in relation to which a direction under this section applies, impose a condition that is not in accordance with the terms of the direction, despite the other provisions of this Part and despite the provisions of any contributions plan.(4) A direction under this section as to the maximum amount or maximum percentage of a community infrastructure contribution may provide for the Minister to approve of an increase in that maximum amount or percentage in a particular case on the application of a council.(5) The regulations may require a council that applies for the approval of the Minister as referred to in subsection (4) to provide specified information and documents (such as a business plan and independent assessment of the business plan) in support of or otherwise in connection with the application(6) Directions in force under this section are to be made publicly available on the website of the Department.116M Development contribution provisions in planning instruments
(1) An environmental planning instrument (EPI) must not include provision that requires as a condition of development consent or as a precondition to the grant of development consent:(a) the making of a development contribution for the provision of public infrastructure of any kind in connection with the carrying out of the development concerned, or(b) the making of satisfactory arrangements for the making of such a development contribution.(2) This section does not apply to any provision of an EPI authorised by Division 3.(3) This section does not prevent an EPI from including a provision to the effect that development consent must not be granted for development unless the consent authority is satisfied that specified public infrastructure is available or that adequate arrangements have been made to make that public infrastructure available.(4) This section does not apply to any provision that is in force immediately before the commencement of this section.Part 1 of Schedule 1 has effect in relation to community infrastructure contributions.Division 3 State infrastructure contributions
116O State infrastructure contributions in State contributions areas
(1) For any land in a State contributions area, the Minister may determine that development contributions (State infrastructure contributions) are to be made for the provision of public infrastructure in relation to development or a class of development on the land.(2) The Minister is to determine the level and nature of State infrastructure contributions. A State infrastructure contribution may be determined as a contribution of a specified amount or of a percentage of the proposed cost of carrying out development or any class of development.(3) In determining the level and nature of a State infrastructure contribution, the Minister must have regard to the key considerations for development contributions established by section 116D.(4) A State infrastructure contribution can extend to the provision of public infrastructure outside a State contributions area or outside New South Wales.116P Restrictions on State infrastructure determinations
(1) The determination by the Minister of a state infrastructure contribution is subject to the concurrence of:(a) the Treasurer, or(b) the Secretary of the Treasury (if the cost of the infrastructure is less than $30 million).(2) The determination by the Minister of a State infrastructure contribution as a specified amount (but not as a percentage of the proposed cost of carrying out development) is subject to the following requirements:(a) the contribution must as far as reasonably practicable be reasonable having regard to the cost of the provision of public infrastructure in relation to the development or class of development concerned,(b) a State infrastructure contribution for the provision of public infrastructure outside the State contributions area concerned is not to be determined unless the Minister is of the opinion that the need for that public infrastructure arises as a result of the development concerned.116Q State infrastructure contributions in addition to community infrastructure contributions
A requirement for a State infrastructure contribution is in addition to any requirement for a community infrastructure contribution under Division 2.116R Provision in EPIs for satisfactory arrangements for State infrastructure
(1) An environmental planning instrument can include provision to the effect that development consent is not to be granted for specified development or development of a specified class unless arrangements satisfactory to the Director-General have been made for the making of a development contribution for the provision of public infrastructure by the State in relation to the development.(2) In deciding for the purposes of any such provision whether satisfactory arrangements have been made for the making of a development contribution for the provision of public infrastructure by the State in relation to development, the Director-General must have regard to the key considerations for development contributions established by section 116D.(3) If a State infrastructure contribution is required in respect of development, a development contribution for the provision of public infrastructure in respect of the development cannot be required under a provision of an environmental planning instrument.Part 2 of Schedule 1 has effect in relation to State infrastructure contributions.Division 4 Voluntary planning agreements
116T Developers can enter into planning agreements
(1) A planning agreement is a voluntary agreement between one or more planning authorities and a person (the developer) under which the developer is required to dedicate land free of cost, pay a monetary contribution, or provide any other material public benefit, or any combination of them, to be used for or applied towards the provision of public infrastructure or another public purpose.(2) The developer must be:(a) a person who has sought a change to or the making or revocation of an environmental planning instrument, or(b) a person who has made, or proposes to make, a development application, or(c) a person who has entered into an agreement with, or is otherwise associated with, a person to whom paragraph (a) or (b) applies.116U Planning authority must have regard to key considerations for development contributions
When entering into a planning agreement a planning authority must have regard to the key considerations for development contributions established by section 116D.116V Council planning agreements limited to key community infrastructure
(1) A planning agreement entered into by a council cannot apply in respect of the provision of public infrastructure unless:(a) the infrastructure is key community infrastructure (being community infrastructure prescribed by the regulations as key community infrastructure), or(b) the provision of the public infrastructure concerned has been approved for the council by the Minister under this section.(2) The Minister may on application by a council approve the provision of public infrastructure specified by the Minister or of a kind specified by the Minister for the purposes of a planning agreement.(3) The Minister may by direction in writing to a council direct that (despite any other provision of this section or the regulations) a planning agreement entered into by the council can apply in respect of the provision of public infrastructure specified by the Minister.(4) In determining whether to grant approval or give a direction under this section, the Minister must have regard to the key considerations for development contributions established by section 116D.(5) The regulations may:(a) limit the kinds of infrastructure that may be the subject of an approval or direction of the Minister or the purposes of this section, or(b) require a council that applies for the approval of the Minister under this section to provide specified information and documents (such as a business plan and independent assessment of the business plan) in support of or otherwise in connection with such an application.116W Planning agreements can limit other development contribution requirements
(1) A planning agreement can exclude the application in respect of development of any provision of Division 2 (Community infrastructure contributions) or of Division 3 (State infrastructure contributions), subject to the following restrictions:(a) a planning agreement cannot exclude the application of a provision of Division 2 in respect of development unless the consent authority for the development or the Minister is a party to the agreement,(b) a planning authority is not to enter into a planning agreement excluding the application of Division 3 unless the planning authority is the Minister or does so with the approval of the Minister or a development corporation designated by the Minister to give such approvals.(2) If a planning agreement excludes the application of any provision of Division 2 or 3 to particular development, a consent authority cannot require a development contribution in respect of that development under the excluded provisions (except in respect of the application of any part of those provisions that is not excluded by the agreement).(3) A planning agreement can exclude benefits under a planning agreement from being taken into consideration in connection with requiring a direct contribution under Division 2, and such an exclusion has effect accordingly.Part 3 of Schedule 1 has effect in relation to planning agreements.Division 5 Development contributions for affordable housing
116Y Conditions requiring land or contributions for affordable housing
(1) A State environmental planning policy may identify that there is a need for affordable housing within an area.(2) A consent authority may grant development consent for development within such an area subject to a condition requiring a reasonable development contribution to be used for the purpose of providing affordable housing, but only if:(a) the consent authority is satisfied that the proposed development will or is likely to reduce the availability of affordable housing within the area, or(b) the consent authority is satisfied that the proposed development will create a need for affordable housing within the area, or(c) the proposed development is allowed only because of the initial zoning of a site, or the rezoning of a site, or(d) the regulations provide for this section to apply to the application for development consent.(3) The reasonableness of a development contribution is to be determined having regard to the following:(a) the extent of the need in the area for affordable housing,(b) the scale of the proposed development,(c) any other dedication or contribution required to be made by the applicant under this Division, or under Division 2 as a direct contribution.(4) A condition may be imposed under this section only if:(a) the condition complies with all relevant requirements made by a State environmental planning policy with respect to the imposition of conditions under this section, and(b) the condition is authorised to be imposed by a local environmental plan or State environmental planning policy, and is in accordance with a scheme for dedications or contributions set out in or adopted by the plan or policy.(5) A condition is not to be imposed under this section in relation to development that is within a State contributions area.116Z Other contributions to be taken into account
A consent authority that proposes to impose a condition in accordance with this Division must take into consideration any land or other sum of money that the applicant has previously dedicated free of cost, or previously paid, for the purpose of affordable housing within the area otherwise than as a condition of a consent.116ZA Other conditions concerning affordable housing
This Division does not prevent the imposition on a development consent of other conditions relating to the provision, maintenance or retention of affordable housing. Such conditions may require, but are not restricted to, the imposition of covenants (including positive covenants) or the entering into of contractual or other arrangements.116ZB Use of affordable housing contributions
(1) A development contribution made in accordance with a condition imposed under this Division must:(a) in the case of land, be made available by the consent authority for the purposes of affordable housing within a reasonable time, or(b) in the case of a monetary contribution, be held by the consent authority (together with any additional amount earned from its investment) for the purpose for which the payment was required and applied by the consent authority for the purposes of affordable housing in the area or an adjoining area within a reasonable time, or(c) in either case, transfer the land or pay the monetary contribution in accordance with any applicable direction of the Minister under this section.(2) The Minister may give a direction, that applies generally or in any particular case or class of cases, to a consent authority:(a) requiring it to transfer to a person nominated by the Minister land contributed under this Division, or(b) requiring it to pay to a person nominated by the Minister a monetary contribution contributed under this Division.(3) A person nominated under this section by the Minister must:(a) make available any land transferred to the person under this Division for the purposes of affordable housing within a reasonable time or (if the Minister so directs) within a time directed by the Minister, and(b) apply any monetary contribution paid to the person under this Division (and any additional amount earned from its investment) for the purposes of affordable housing in the area concerned or in any other area directed by the Minister, within a time directed by the Minister.Division 6 State Infrastructure Fund
In this Part:the Fund means the State Infrastructure Fund established under this Division.
(1) There is to be established in the Special Deposits Account a fund called the State Infrastructure Fund.(2) The Fund is to be administered by the Secretary of the Treasury. The Secretary is to consult the Director-General in relation to the administration of the Fund.The following is to be paid into the Fund:(a) monetary contributions, and the proceeds of sale of any land, received by a consent authority as a State infrastructure contribution under Division 3,(b) any money appropriated by Parliament for the purposes of the Fund,(c) the proceeds of the investment of money in the Fund,(d) any other money required to be paid into the Fund by or under this or any other Act or the regulations under this Act.(1) The following is to be paid from the Fund:(a) payments to public authorities for the provision of public infrastructure in relation to development,(b) any money required to meet administrative expenses in relation to the Fund,(c) all other money directed or authorised to be paid from the Fund by this Act or by the regulations under this Act.(2) The assets of the Fund can only be applied for the purposes referred to in subsection (1).116ZG Investment of money in Fund
The money in the Fund may be invested:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Secretary of the Treasury to invest the money, in any other manner approved by the Treasurer.
Insert as Schedule 1:Schedule 1 Provisions relating to development contributions
(Sections 116N, 116S and 116X)
Part 1 Community infrastructure contributions
1 Development contributions to be imposed by condition of consent
A requirement for a community infrastructure contribution is to be imposed by means of a condition on development consent for the development concerned.(1) A condition of development consent that imposes a direct contribution may be disallowed or amended by the Court on appeal, or by a reviewing body on a review under section 82BA, because it is unreasonable in the particular circumstances of that case, even if it was determined in accordance with a contributions plan or direction of the Minister. The Court is not authorised to disallow or amend the contributions plan or direction.(2) A condition of development consent that imposes an indirect contribution that is of a kind allowed by, and determined in accordance with, a contributions plan (or a direction of the Minister under this Part) may not be disallowed or amended by the Court on appeal, or by a reviewing body on a review under section 82BA.(3) A person cannot appeal to the Court under this Act (despite section 123 or any other provision of this Act) in respect of:(a) the approving, amending or repealing of a contributions plan by the Minister under clause 7 (Minister’s directions about contributions plans), or(b) the reasonableness in the particular circumstances of a requirement for a community infrastructure contribution that is determined in accordance with any such contributions plan.3 Dedication of land or provision of material public benefit in satisfaction of development contribution requirement
A consent authority may accept the dedication of land or the provision of a material public benefit in part or full satisfaction of a requirement for a community infrastructure contribution other than an indirect contribution.4 Other contributions to be taken into account
A consent authority that proposes to require a community infrastructure contribution in respect of development must take into consideration any land, money or other material public benefit that the applicant has elsewhere dedicated or provided free of cost within the area (or any adjoining area) or previously paid to the consent authority, other than:(a) a benefit provided as a condition of the grant of development consent under this Act, or(b) a benefit excluded from consideration by a planning agreement.5 Contribution requirements under other Acts
(1) Compliance with a requirement for a community infrastructure contribution in relation to development operates to satisfy a requirement imposed by a public authority under any other Act (in relation to or in connection with that development) for the dedication of land or payment of money in respect of the provision of public infrastructure, to the extent of the value of the land dedicated or the amount of money paid in compliance with the requirement.(2) The regulations may make provision for the determination in accordance with the regulations of the value for the purposes of this clause of the land dedicated in compliance with the requirement.6 Making of contributions plans
(1) A council, or 2 or more councils, may, subject to and in accordance with the regulations, prepare and approve a contributions plan for the purpose of imposing requirements for community infrastructure contributions.(2) If a contributions plan authorises the imposition of a requirement for an indirect contribution, the plan is to specify the type or area of development in respect of which an indirect contribution may be imposed and is to preclude the imposition of a requirement for a direct contribution in respect of that type or area of development.(3) The regulations may make provision for or with respect to the preparation and approval of contributions plans, including the format, structure and subject-matter of plans.(4) A council must, within 14 days after approving a contributions plan, provide the Minister with a copy of the plan.7 Minister’s directions about contributions plans
(1) The Minister may direct a council to provide the Minister with a draft of a contributions plan for review by the Minister before the council approves the plan. The council is not to approve the contributions plan until the Minister has notified the council that the Minister’s review of the plan has been completed.(2) The Minister may, by direction in writing to a council, approve, amend or repeal a contributions plan on behalf of the council.(3) Alternatively, the Minister may direct a council in writing to approve, amend or repeal a contributions plan in the time and manner specified in the direction. The Minister may then, by direction in writing to the council, approve, amend or repeal the contributions plan on behalf of the council if the council fails to do so in accordance with the direction.(4) The approval, amendment or repeal of a contributions plan by the Minister has effect as if done by the council.(5) In approving, amending or repealing a contributions plan under this clause the Minister is not subject to the regulations.8 Operation of contributions plan if consent authority not a council
(1) A consent authority that is not a council can require a development contribution even if it is not of a kind allowed by, or is not determined in accordance with, a contributions plan.(2) If there is a contributions plan that applies to the whole or any part of the area in which development is to be carried out, a consent authority that is not a council must however have regard to the contributions plan before imposing the requirement.9 Judicial notice, validity etc
(1) Judicial notice is to be taken of a contributions plan and of the date on which the plan came into effect.(2) It is to be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a contributions plan have been complied with and performed.(3) The validity of any procedure required to be followed in making or approving a contributions plan is not to be questioned in any legal proceedings except those commenced in the Court by any person within 3 months after the date on which the plan came into effect.(4) The amendment or repeal, whether in whole or in part, of a contributions plan does not affect the previous operation of the plan or anything duly done under the plan.10 Contributions plans—complying development
(1) In relation to an application made to an accredited certifier for a complying development certificate, a contributions plan:(a) is to specify whether or not the accredited certifier must, if a complying development certificate is issued, impose a condition requiring a community infrastructure contribution, and(b) can only authorise the imposition by an accredited certifier of a condition requiring the payment of a monetary contribution, and(c) must specify the amount of the monetary contribution that an accredited certifier must so impose or the precise method by which the amount is to be determined.(1A) The imposition of a condition by an accredited certifier as authorised by a contributions plan is subject to compliance with any directions given under section 116L (1) (a), (b), (c) or (e) with which a council would be required to comply if issuing the complying development certificate concerned.(2) If an accredited certifier fails to comply with such a requirement of a contributions plan, the consent authority may impose the necessary condition on the complying development certificate and it has effect as if it had been imposed by the accredited certifier.(3) This clause does not limit anything for which a contributions plan may make provision in relation to a consent authority.(1) A requirement for a community infrastructure contribution may be imposed for the benefit (or partly for the benefit) of an area that adjoins the local government area in which the development is to be carried out.(2) Any monetary contribution payable pursuant to such a requirement is to be apportioned among the relevant councils:(a) in accordance with any joint or other contributions plan approved by those councils, or(b) if provision is not made for the apportionment in any such plan—in accordance with the terms of the development consent for the development.(3) Any dispute between the councils concerned is to be referred to the Director-General and resolved in accordance with any direction given by the Director-General.12 Public infrastructure may be provided outside NSW
A requirement for a direct contribution may, with the written approval of the Minister, be imposed for the provision of public infrastructure on land in another State or Territory if the area in which the development the subject of the requirement is to be carried out adjoins the other State or Territory.13 Community infrastructure contributions imposed by Minister or Director-General in growth centres etc
(1) This clause applies where the Minister or the Director-General, as the consent authority, imposes a requirement for a community infrastructure contribution in relation to:(a) land within a growth centre, or(b) other land within one or more council areas.(2) This Schedule and Part 5B apply to land within a growth centre as if references in this Schedule and that Part to the area were references to the growth centre.(3) Any monetary contribution paid as a community infrastructure contribution:(a) must be paid by the Minister or Director-General to the corporation for the growth centre or to the councils of the areas concerned, and(b) must (together with any additional amount earned from its investment) be applied within a reasonable time for the purpose for which it was required.(4) This clause does not apply in respect of a monetary contribution in respect of development within a growth centre (or other area of land) that is specified in Schedule 3 (Community Infrastructure Trust Fund areas) to the Growth Centres (Development Corporations) Act 1974.Note. Section 25 of the Growth Centres (Development Corporations) Act 1974 requires these community infrastructure contributions to be paid into a Community Infrastructure Trust Fund. The other areas of land referred to in this subclause are former growth centres.Part 2 State infrastructure contributions
14 How State infrastructure contributions are imposed
(1) Having determined a State infrastructure contribution for development, the Minister may direct a consent authority to require the State infrastructure contribution for the development. The consent authority must comply by requiring the contribution as a condition of development consent for the development.Note. If the Minister is the consent authority, the Minister may impose the condition without such a direction.(2) If a consent authority given a direction to require a State infrastructure contribution fails to comply with the direction in accordance with its terms, the Minister may impose the necessary condition on development consent and it has effect as if it had been imposed by the consent authority.15 Consultation on proposed State infrastructure contributions
(1) In determining the level and nature of State infrastructure contributions in respect of development within a particular State contributions area, the Minister may:(a) consult with owners of land in the State contributions area and other relevant stakeholders, or consult with a panel of those owners and stakeholders established by the Minister, or(b) publicly exhibit within the State contributions area a proposal in relation to the level of State infrastructure contributions and seek submissions within a reasonable time in relation to that proposal.(2) The Minister’s determination of a State infrastructure contribution:(a) is to contain reasons for the level and nature of the contribution, and(b) is to be made publicly available by the Minister.16 Restrictions on appeals and changes to conditions
(1) A person cannot appeal to the Court under this Act (including section 123) or make a review application under Division 2 of Part 4 in respect of a determination or direction of the Minister, or a condition imposed by a consent authority or the Minister, under Division 3 of Part 5B or under this Part.(2) A condition imposed by a consent authority or the Minister under Division 3 of Part 5B cannot be modified without the approval of the Minister.17 Dedication of land or material public benefit in satisfaction of contribution
The consent authority may, with the consent of the Minister, accept the dedication of land or the provision of a material public benefit in partial or full satisfaction of a condition of development consent that requires a State infrastructure contribution.18 Special provision for council infrastructure and other components of development contributions
(1) The Minister’s determination of a State infrastructure contribution is to identify what part (if any) of the contribution is for the provision of public infrastructure by a council or for any action of a planning authority in connection with the exercise of any statutory function under this Act.(2) Any part of a State infrastructure contribution identified under this clause:(a) is, for the purposes of Division 6 (State Infrastructure Fund) of Part 5B, deemed not to have been received by the consent authority under that Part, and(b) is not to be taken into account in calculating the cost of public infrastructure for the purposes of the requirement that the Minister consult the Treasurer when the cost of public infrastructure exceeds $30 million, and(c) is, if the part is identified as being for the provision of public infrastructure by a council, to be provided to the council and is to be held and applied by the council in accordance with section 116F (Use of development contributions), and(d) is, if the part is identified as being for any action of a planning authority in connection with the exercise of any statutory function under this Act, to be provided to the Department and is to be held and applied by the Department in accordance with section 116F.(3) Subclause (1) does not limit any payments being made out of the Fund to a council or the Department under section 116ZF (1) (a).19 Land contributed as State infrastructure contribution
The Minister may direct a consent authority to sell all or part of any land it receives as a State infrastructure contribution or to transfer any such land to a public authority that is to provide, or has provided, public infrastructure in relation to the development to which the land relates or the class of development to which that development belongs.20 Minister may make, amend or repeal State contributions areas
(1) The Minister may, by order published on the NSW legislation website, amend Schedule 5A for the purpose of:(a) creating a State contributions area, or(b) repealing a State contributions area, or(c) changing a State contributions area.(2) The Minister is to consult with the Treasurer before amending Schedule 5A.(3) Any such order may contain savings and transitional provisions.(4) Any such order takes effect on the day that it is published on the NSW legislation website or such later date as may be specified in the order.21 Parties to planning agreements
(1) Any Minister, public authority or other person approved by the Minister is entitled to be an additional party to a planning agreement and to receive a benefit under the agreement on behalf of the State.(2) A council is not precluded from entering into a joint planning agreement with another council or other planning authority merely because it applies to any land not within, or any purposes not related to, the area of the council.22 Limitations on planning agreements
(1) A planning agreement cannot impose an obligation on a planning authority to grant development consent, or to exercise any function under this Act in relation to a change to or the making or revocation of an environmental planning instrument.(2) A planning agreement is void to the extent, if any, to which it requires or allows anything to be done that, when done, would breach a provision of this Act, an environmental planning instrument or a development consent applying to the land concerned.23 Contents of planning agreements
(1) A planning agreement must provide for the following:(a) a description of the land to which the agreement applies,(b) a description of the change to or the making or revocation of the environmental planning instrument, or the development, to which the agreement applies,(c) the nature and extent of the provision to be made by the developer under the agreement, the time or times by which the provision is to be made and the manner by which the provision is to be made,(d) in the case of development, whether the agreement excludes (wholly or in part) or does not exclude the application of Divisions 2 and 3 of Part 5B to the development,(e) if the agreement does not exclude the application to the development of provisions of Division 2 of Part 5B for requiring a direct contribution, whether benefits under the agreement are or are not to be taken into consideration in connection with requiring such a contribution,(f) a mechanism for the resolution of disputes under the agreement,(g) the enforcement of the agreement by a suitable means, such as the provision of a bond or guarantee, in the event of a breach of the agreement by the developer.(2) There is not required to be any connection between the development to which a planning agreement applies and the object of expenditure of any money required to be paid by the agreement.Note. See section 116F, which requires money paid under a planning agreement to be applied for the purpose for which it was paid within a reasonable time.24 Registered planning agreements to run with land
(1) A planning agreement can be registered under this clause if the following persons agree to its registration:(a) if the agreement relates to land under the Real Property Act 1900—each person who has an estate or interest in the land registered under that Act,(b) if the agreement relates to land not under the Real Property Act 1900—each person who is seised or possessed of an estate or interest in the land.(2) On lodgment by a planning authority of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the planning agreement:(a) by making an entry in the relevant folio of the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.(3) A planning agreement that has been registered by the Registrar-General under this clause is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement.(4) A reference in this clause to a planning agreement includes a reference to any amendment or revocation of a planning agreement.25 Circumstances in which planning agreements can or cannot be required to be made
(1) A provision of an environmental planning instrument (being a provision made after 8 July 2005) has no effect to the extent that the provision:(a) expressly requires a planning agreement to be entered into before a development application can be made, considered or determined, or(b) expressly prevents a development consent from being granted or having effect unless or until a planning agreement is entered into.(2) A consent authority cannot refuse to grant development consent on the ground that a planning agreement has not been entered into in relation to the proposed development or that the developer has not offered to enter into such an agreement.(3) However, a consent authority can require a planning agreement to be entered into as a condition of a development consent, but only if it requires a planning agreement that is in the terms of an offer made by the developer in connection with:(a) the development application, or a change to or the amendment or revocation of an environmental planning instrument sought by the developer for the purposes of making the development application, or(b) a commitment made by the proponent in a statement of commitments made under Part 3A.(4) In this clause, planning agreement includes any agreement (however described) containing provisions similar to those contained in a planning agreement.(1) A person cannot appeal to the Court under this Act against the failure of a planning authority to enter into a planning agreement or against the terms of a planning agreement.(2) This clause does not affect the jurisdiction of the Court under section 123 (Restraint etc of breaches of this Act).27 Determinations or directions by Minister
The Minister may, generally or in any particular case or class of cases, determine or direct any other planning authority as to:(a) the procedures to be followed in negotiating a planning agreement, or(b) the publication of those procedures, or(c) other standard requirements with respect to planning agreements, or(d) the kinds of material public benefit that a planning agreement may or may not require a developer to provide.28 Regulations—planning agreements
The regulations may make provision for or with respect to planning agreements, including the following:(a) the form of planning agreements,(b) the subject-matter of planning agreements,(c) the making, amendment and revocation of planning agreements, including the giving of public notice and inspection by the public,(d) requiring the provision to a planning authority of a copy of a planning agreement and any amendment or notice of revocation of a planning agreement,(e) the public inspection of planning agreements after they have been made.
[8] Schedule 5A, heading and source reference
Omit the heading and the source reference. Insert instead:Schedule 5A State contributions areas
(Schedule 116A and Schedule 1, clause 20)
[9] Schedule 6 Savings, transitional and other provisions
Insert in appropriate order in Part 21 (as inserted by Schedule 5.1 [12]):Division 4 Provisions relating to development contributions
In this Division:former contributions provisions means the provisions of Division 6 or 6A of Part 4 as in force before their repeal by the amending Act.
new contributions provisions means the provisions of Part 5B and Schedule 1.
128 Savings and transitional regulations
Regulations made under Part 1 of this Schedule have effect despite anything to the contrary in this Part.129 Existing contributions conditions, agreements and actions
(1) A condition of development consent imposed under the former contributions provisions is taken to have been imposed under the corresponding provision of the new contributions provisions.(2) A planning agreement in force under the former contributions provisions immediately before the repeal of those provisions by the amending Act is taken to be a planning agreement under the corresponding provisions of the new contributions provisions.(3) Any action taken by the Minister or a consent authority under or for the purposes of the former contributions provisions is, to the extent that the action has any force or effect immediately before the repeal of those provisions by the amending Act, taken to be an action of the Minister or consent authority under and for the purposes of the corresponding provisions of the new contributions provisions.(4) A reference in this Act to a State infrastructure contribution includes a reference to a special infrastructure contribution (being a contribution provided for under Subdivision 4 of Division 6 of Part 4) paid or required to be paid by a condition of development consent imposed before the commencement of this clause.(5) The new contributions provisions extend to levies paid or payable under the former contributions provisions as if those levies were monetary contributions paid or payable under the new contributions provisions.130 Existing contributions plans
(1) A contributions plan in force under the former contributions provisions immediately before the commencement of this clause (an existing contributions plan) is repealed on 31 March 2010 unless the contributions plan is remade by the Minister under this clause before that date.(2) The Minister may, by direction in writing to a council, remake an existing contributions plan on behalf of the council if the Minister is satisfied that the plan provides for a community infrastructure contribution in respect of community infrastructure that is:(a) the subject of a contract with the council for its construction, or(b) the subject of a loan or other debt financing arrangement with a bank or other recognised financial institution for its forward funding, or(c) the subject of a commitment for its construction in the council’s budget for the 2007–08 financial year, or(d) for which land acquisition has been commenced by the council, either by exchange of contracts for purchase or a compulsory acquisition process.(3) The Minister may call on councils to submit contributions plans together with supporting information by 31 March 2009 (or a later date determined by the Minister) for consideration for remaking by the Minister under this clause.(4) In remaking a contributions plan under this clause, the Minister is not subject to section 116I (Councils limited to contributions for key community infrastructure) or to the regulations.(5) The remaking of a contributions plan by the Minister under this clause has effect as if the contributions plan had been made by the council.(6) A provision of an existing contributions plan that is remade by the Minister under this clause operates to allow the council to require a community infrastructure contribution for community infrastructure even if it is not key community infrastructure (despite section 116I).(7) Subclause (6) does not apply to any provision of a contributions plan that results from the amendment of the contributions plan after it is remade by the Minister unless the effect of the amendment is only:(a) to update a works schedule to reflect revised construction costs or the completion of works on the schedule, or(b) to make minor or consequential amendments arising from any change to an environmental planning instrument or a development control plan.(8) A person cannot appeal to the Court under this Act (despite section 123 or any other provision of this Act) in respect of:(a) the remaking of a contributions plan by the Minister under this clause, or(b) the reasonableness in the particular circumstances of a requirement for a community infrastructure contribution that is determined in accordance with any such contributions plan.(9) In this clause:key community infrastructure means community infrastructure that is key community infrastructure for the purposes of section 116I.
The State Infrastructure Fund established by the amending Act under the new contributions provisions is a continuation of the Special Contributions Areas Infrastructure Fund established under the former contributions provisions.
3.2 Amendment of Growth Centres (Development Corporations) Act 1974 No 49
Insert after section 24:25 Community Infrastructure Trust Fund
(1) There is established by this section a fund called the Community Infrastructure Trust Fund.(2) The Fund is to be administered by the Secretary of the Treasury. The Secretary is to consult the Director-General and the trustees appointed under subsection (9) in relation to the administration of the Fund.(3) The following is to be paid into the Fund:(a) monetary contributions paid under, and the proceeds of the sale of land dedicated under, Division 2 (Community infrastructure contributions) of Part 5B of the Environmental Planning and Assessment Act 1979 in respect of development within a growth centre (or other area of land) that is specified in Schedule 3 (Community Infrastructure Trust Fund areas),(b) any money appropriated by Parliament for the purposes of the Fund,(c) the proceeds of the investment of money in the Fund,(d) any other money required to be paid into the Fund by or under this or any other Act or the regulations under this Act.(4) The following is to be paid from the Fund:(a) payments to public authorities for the provision of public infrastructure in relation to development,(b) any money required to meet administrative expenses in relation to the Fund,(c) all other money directed or authorised to be paid from the Fund by this Act or by the regulations under this Act.(5) The assets of the Fund can only be applied for the purposes referred to in this section.(6) Money in the Fund may be kept in one or more financial institutions.(7) The money in the Fund may be invested:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Secretary of the Treasury to invest the money, in any other manner approved by the Treasurer.(8) The Secretary of the Treasury may delegate any function of the Secretary under this section (other than this power of delegation) to:(a) in the case of a growth centre that is specified in Schedule 3—the chief executive of the development corporation constituted for the growth centre, or(b) in the case of any other area of land specified in Schedule 3—the Director-General.(9) The Minister is to appoint an independent board of 6 trustees for the purposes of this section, comprising 2 representatives of local government, 2 representatives of the Department of Planning, and 2 representatives of the Treasury nominated by the Treasurer.26 Minister may make, amend or repeal Community Infrastructure Trust Fund areas
(1) The Minister may, by order published on the NSW legislation website, amend Schedule 3 for the purpose of:(a) including a reference to a growth centre, or(b) removing a reference to a growth centre or other area of land, or(c) changing a reference to a growth centre or other area of land.(2) Any such order may contain savings and transitional provisions.(3) Any such order takes effect on the day that it is published on the NSW legislation website or such later date as may be specified in the order.
Insert after Schedule 2:Schedule 3 Community Infrastructure Trust Fund areas
(Section 26)
1 The land shown edged heavy red on the map entitled “North West Growth Centre—Community Infrastructure Trust Fund Area” and on the map entitled “South West Growth Centre—Community Infrastructure Trust Fund Area”, copies of which are deposited in the office of the Department of Planning.
Note. Both these areas of land were formerly listed as growth centres under this Act.
3.3 Amendment of Environmental Planning and Assessment Regulation 2000
Omit the clause. Insert instead:25D Public notification of planning agreements
(1) A planning agreement cannot be entered into, amended or revoked unless:(a) public notice has been given of the proposed agreement, amendment or revocation, and(b) an explanatory note for the proposed agreement, amendment or revocation has been made available for inspection by the public for a period of not less than 28 days.(2) If a proposed planning agreement or amendment of a planning agreement is changed after public notice is given of the proposed agreement or amendment but the change does not result in a significant reduction in the public benefit to be provided by the developer under the proposed agreement or amendment:(a) no further public notice is required under this clause of the proposed agreement or amendment, and(b) the requirement that an explanatory note for the proposed agreement or amendment be made available does not require that an explanatory note be made available for the proposed agreement or amendment as changed.(3) If the proposed planning agreement, amendment or revocation is in connection with a development application or a project application, the responsible planning authority is to ensure that the required public notice of the proposed agreement, amendment or revocation is given:(a) in the case of an agreement in connection with a development application:(i) if practicable, as part of and contemporaneously with, and in the same manner as, any notice of the development application that is required to be given by a consent authority for a development application by or under the Act, or(ii) if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of the development application that is required to be given by a consent authority for a development application by or under the Act and in the manner determined by the planning authorities that are parties to the agreement, or(b) in the case of an agreement in connection with a project application:(i) if practicable, as part of and contemporaneously with, and in the same manner as, any notice of an environmental assessment in connection with the application that is required to be given by the Director-General by or under the Act, or(ii) if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of an environmental assessment for the project that is required to be given by the Director-General by or under the Act and in the manner determined by the planning authorities that are parties to the agreement.(4) If the proposed planning agreement, amendment or revocation is in connection with a proposed change to a local environmental plan, the responsible planning authority is to ensure that the required public notice of the proposed agreement, amendment or revocation is given:(a) if practicable, as part of and contemporaneously with, and in the same manner as, any community consultation on the relevant planning proposal under Part 3 of the Act, or(b) if it is not practicable for notice to be given contemporaneously, as soon as possible after any community consultation on the relevant planning proposal under Part 3 of the Act and in the manner determined by the planning authorities that are parties to the agreement.(5) In the case of a planning agreement of a kind other than an agreement referred to in subclause (1), (2) or (3) of which public notice is required to be given under this clause, the Director-General is to ensure that public notice of the proposed agreement, amendment or revocation is given not less than 28 days before the agreement is entered into or amended or revoked and in the manner determined by the planning authorities that are parties to the agreement.(6) The public notice of a proposed agreement, amendment or revocation must specify the arrangements relating to inspection by the public of copies of the explanatory note for the proposed agreement, amendment or revocation.(7) In this clause:explanatory note means an explanatory note prepared in accordance with clause 25E.
project application has the same meaning as it has in Part 1A.
responsible planning authority for a proposed planning agreement or the amendment or revocation of a planning agreement is the planning authority that proposes to enter into the planning agreement or the agreement that revokes or amends the planning agreement.
[2] Clause 25E Explanatory note
Omit clause 25E (5) and (6). Insert instead:(5) 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 clause 25EA.
Insert after clause 25E:25EA Copies of planning agreements to be provided to Minister and council
(1) If the Minister is not a party to a planning agreement, the relevant planning authority that is a party to the agreement must provide to the Minister:(a) a copy of the agreement within 14 days after the agreement is entered into, and(b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and(c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs.(2) If a council is not a party to a planning agreement that applies to the area of the council, the relevant planning authority that is a party to the agreement must provide to the council:(a) a copy of the agreement within 14 days after the agreement is entered into, and(b) if the agreement is amended, a copy of the amendment within 14 days after the amendment is made, and(c) if the agreement is revoked, notice of the revocation within 14 days after the revocation occurs.(3) A planning authority that has entered into one or more planning agreements must, while any such planning agreements remain in force, include in its annual report particulars of compliance with and the effect of the planning agreements during the year to which the report relates.
Insert after clause 31:31A Key community infrastructure and additional community infrastructure
(1) The following community infrastructure is prescribed as key community infrastructure for the purposes of sections 116I and 116V of the Act:(a) local roads,(b) local bus facilities,(c) local parks,(d) local sporting, recreational and cultural facilities and local social facilities (being community and child care centres and volunteer rescue and volunteer emergency services facilities),(e) local car parking facilities,(f) drainage and stormwater management works,(g) land for any community infrastructure (except land for riparian corridors),(h) district infrastructure of the kind referred to in paragraphs (a)–(e) but only if there is a direct connection with the development to which a contribution relates.(2) Public infrastructure comprising land for riparian corridors cannot be approved under section 116I or 116V of the Act as additional community infrastructure or additional public infrastructure.(3) In this clause:facilities means buildings and works.
31B Material to be provided by council seeking approval for additional infrastructure contributions
A council requesting the Minister’s approval under section 116I or 116V of the Act to the making of a contributions plan or the entering into of a planning agreement providing for development contributions for additional community infrastructure or the provision of public infrastructure must provide to the Minister:(a) a business plan that establishes how the infrastructure concerned can be fully funded by the council and can be provided and fully operational within the period to be specified in the contributions plan or planning agreement, and(b) a report (provided by a suitably qualified person who is independent of the council) that assesses the proposed development contributions against the key considerations for development contributions for the purposes of Part 5B of the Act.
3.4 Amendment of City of Sydney Act 1988 No 48
[1] Section 61 Development contributions
Omit section 61 (1). Insert instead:(1) Despite Part 5B of the Planning Act, a contributions plan prepared and approved under that Part 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.
Omit “Division 6 of Part 4 of”. Insert instead “Part 1 of Schedule 1 to”.
Omit “Part 4”. Insert instead “Part 5B”.
Omit the subsection. Insert instead:(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 Part 5B of the Planning Act that authorises a requirement for an indirect contribution under Division 2 of that Part in relation to the land to which this section applies.