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Environmental Planning and Assessment Regulation 2000
Current version for 1 December 2019 to date (accessed 28 January 2020 at 11:59)
Division 1C 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 Planning Secretary, 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.(2A) Despite subclause (2), a contributions plan may be made for land outside the council’s area for the purposes of a condition referred to in section 7.15 of the Act.(3) The council must not approve a contributions plan that is inconsistent with any direction given to it under section 7.17 of the Act.(4) (Repealed)
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 to which the plan applies and the demand for additional public amenities and services to meet that development,(d) the formulas to be used for determining the section 7.11 contributions required for different categories of public amenities and services,(e) the section 7.11 contribution rates for different types of development, as specified in a schedule to the plan,(f) if the plan authorises the imposition of a section 7.12 condition—(i) the percentage of the section 7.12 levy and, if the percentage differs for different types of development, the percentage of the levy for those different types of development, as specified in a schedule to the plan, and(ii) the manner (if any) in which the proposed cost of carrying out the development, after being determined by the consent authority, is to be adjusted to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date of that determination and the date the levy is required to be paid,(g) the council’s policy concerning the timing of the payment of monetary section 7.11 contributions, section 7.12 levies and the imposition of section 7.11 conditions or section 7.12 conditions that allow deferred or periodic payment,(h) a map showing the specific public amenities and services proposed to be provided by the council, supported by a works schedule that contains an estimate of their cost and staging (whether by reference to dates or thresholds),(i) if the plan authorises monetary section 7.11 contributions or section 7.12 levies paid for different purposes to be pooled and applied progressively for those purposes, the priorities for the expenditure of the contributions or levies, particularised by reference to the works schedule.(1A) Despite subclause (1)(g), a contributions plan made after the commencement of this subclause that makes provision for the imposition of conditions under section 7.11 or 7.12 of the Act in relation to the issue of a complying development certificate must provide that the payment of monetary section 7.11 contributions and section 7.12 levies in accordance with those conditions is to be made before the commencement of any building work or subdivision work authorised by the certificate.Note.Clause 136K imposes a condition on a complying development certificate in relation to the timing of payment of monetary section 7.11 contributions and section 7.12 levies.(2) In determining the section 7.11 contribution rates or section 7.12 levy percentages for different types of development, the council must take into consideration the conditions that may be imposed under section 4.17(6)(b) of the Act or section 97(1)(b) of the Local Government Act 1993.(3) A contributions plan must not contain a provision that authorises monetary section 7.11 contributions or section 7.12 levies paid for different purposes to be pooled and applied progressively for those purposes unless the council is satisfied that the pooling and progressive application of the money paid will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.