Environmental Planning and Assessment Regulation 2000
Part 4 Contributions plans
Division 1 Preparation of contributions plans
26 In what form must a contributions plan be prepared?
(cf clause 25 of EP&A Regulation 1994)
(1) A contributions plan must be prepared having regard to any relevant practice notes adopted for the time being by the Director-General, copies of which are available for inspection and purchase from the offices of the Department.(2) One or more contributions plans may be made for all or any part of the council’s area and in relation to one or more public amenities or public services.(3) The council must not approve a contributions plan that is inconsistent with any direction given to it under section 94E of the Act.(4) A draft contributions plan must be publicly exhibited for a period of at least 28 days.
27 What particulars must a contributions plan contain?
(cf clause 26 of EP&A Regulation 1994)
(1) A contributions plan must include particulars of the following:(a) the purpose of the plan,(b) the land to which the plan applies,(c) the relationship between the expected types of development in the area and the demand for additional public amenities and services to meet that development,(d) the formulas to be used for determining the section 94 contributions required for different categories of public amenities and services,(e) the contribution rates for different types of development, as specified in a schedule to the plan,(f) the council’s policy concerning the timing of the payment of monetary section 94 contributions and the section 94 conditions that allow deferred or periodic payment,(g) a works schedule of the specific public amenities and services proposed to be provided by the council, together with an estimate of their cost and staging.(2) In determining the contribution rates for different types of development, the council must take into consideration the conditions that may be imposed under section 80A (6) (b) of the Act or section 97 (1) (b) of the Local Government Act 1993.
Division 2 Public participation
28 Draft contributions plan must be publicly exhibited
(cf clause 27 of EP&A Regulation 1994)
Following the preparation of a draft contributions plan, the council:(a) must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan, and(b) must publicly exhibit at the places, on the dates and during the times set out in the notice:(i) a copy of the draft plan, and(ii) a copy of any supporting documents, and(c) must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).
29 Copies of draft contributions plans to be publicly available
(cf clause 28 of EP&A Regulation 1994)
Copies of the draft contributions plan, and of any supporting documents, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.
30 Who may make submissions about a draft contributions plan?
(cf clause 29 of EP&A Regulation 1994)
Any person may make written submissions to the council about the draft contributions plan during the relevant submission period.
Division 3 Approval of contributions plans
31 Approval of contributions plan by council
(cf clause 30 of EP&A Regulation 1994)
(1) After considering any submissions about the draft contributions plan that have been duly made, the council:(a) may approve the plan in the form in which it was publicly exhibited, or(b) may approve the plan with such alterations as the council thinks fit, or(c) may decide not to proceed with the plan.(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.(3) Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.(4) A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.
Division 4 Amendment and repeal of contributions plans
32 How may a contributions plan be amended or repealed?
(cf clause 31 of EP&A Regulation 1994)
(1) A council may amend a contributions plan by a subsequent contributions plan.(2) A council may repeal a contributions plan:(a) by a subsequent contributions plan, or(b) by public notice in a local newspaper of its decision to repeal the plan.(3) A council may make the following kinds of amendments to a contributions plan without the need to prepare a new contributions plan:(a) minor typographical corrections,(b) changes to rates set out in the plan to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index),(c) the omission of details concerning works that have been completed.
33 Procedure for repealing a contributions plan by public notice
(cf clause 32 of EP&A Regulation 1994)
(1) Before repealing a contributions plan by public notice, the council must give public notice in a local newspaper:(a) of its intention to repeal the contributions plan, and(b) of its reasons for doing so.(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.(3) The repeal of a contributions plan by public notice in a local newspaper takes effect on the date of publication of the notice.
Division 5 Accounting
34 Councils must maintain contributions register
(cf clause 33 of EP&A Regulation 1994)
(1) A council that imposes section 94 conditions on development consents must maintain a contributions register.(2) The council must record the following details in the register:(a) particulars sufficient to identify each development consent for which any such condition has been imposed,(b) the nature and extent of the section 94 contribution required by any such condition for each public amenity or service,(c) the contributions plan under which any such condition was imposed,(d) the date or dates on which any section 94 contribution required by any such condition was received, and its nature and extent.
35 Accounting for monetary section 94 contributions
(cf clause 34 of EP&A Regulation 1994)
(1) A council must maintain accounting records that allow monetary section 94 contributions (and any additional amounts earned from their investment) to be distinguished from all other money held by the council.(2) The accounting records for a contributions plan must indicate the following:(a) the various kinds of public amenities or services for which expenditure is authorised by the plan,(b) the monetary section 94 contributions received under the plan, by reference to the various kinds of public amenities or services for which they have been received,(c) the amounts spent in accordance with the plan, by reference to the various kinds of public amenities or services for which they have been spent.(3) A council must disclose the following information for each contributions plan in the notes to its annual financial report:(a) the opening and closing balances of money held by the council for the accounting period covered by the report,(b) the total amounts received by way of monetary section 94 contributions during that period, by reference to the various kinds of public amenities or services for which they have been received,(c) the total amounts spent in accordance with the contributions plan during that period, by reference to the various kinds of public amenities or services for which they have been spent,(d) the outstanding obligations of the council to provide public amenities or services, by reference to the various kinds of public amenities or services for which monetary section 94 contributions have been received during that or any previous accounting period.
36 Councils must prepare annual statements
(cf clause 35 of EP&A Regulation 1994)
(1) As soon as practicable after the end of each financial year, a council must prepare an annual statement for the contributions plans in force in its area.(2) The annual statement must disclose, for each contributions plan, the information required by this Division to appear in the notes to its annual financial report.
Division 6 Public access
37 Councils must keep certain records available for public inspection
(cf clause 36 of EP&A Regulation 1994)
(1) A council must make the following documents available for inspection:(a) each of its current contributions plans,(b) each of its annual statements,(c) its contributions register.(2) The documents must be available at the council’s principal office, free of charge, during the council’s ordinary office hours.(3) Subject to section 428 of the Local Government Act 1993, the annual statement may be included in, or form part of, the annual report prepared by the council under that section.
38 Copies of contributions plans to be publicly available
(cf clause 37 of EP&A Regulation 1994)
A council must make the following documents available for copying, either free of charge or on payment of reasonable copying charges:(a) each of its current contributions plans,(b) each document referred to in any such contributions plan that is held by the council.Note.This clause does not require a council to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.