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Providing the right infrastructure at the right time relies on the timely allocation of funds and is key to the continued growth of homes and jobs throughout NSW.

 

Infrastructure funding can come from a variety of sources:

 

infrastructure_infrastructure-funding-chart_834x521

 

The Department is most actively involved in the development contributions system.


Improving Voluntary Planning Agreements (VPA)

The Department is responsible for the day-to-day operation of the Special Infrastructure Contributions (SIC) system including the preparation of the necessary plans and determinations as well as the collection and distribution of contributions.

 

Special Infrastructure Contributions (SIC) help fund the delivery of some of the key pieces of infrastructure required to support a growing population, such as:

  • state and regional roads;
  • transport facilities such as bus shelters and interchanges;
  • regional open space, pedestrian links and cycleways; and
  • social infrastructure such as schools, healthcare and emergency services.

They may also contribute to the cost of planning and offsetting biodiversity impacts. SICs are imposed through a Ministerial Determination.

 

The Government has been investigating Special Infrastructure Contributions for new developments in the areas identified in the Planned Precinct program in Sydney, and for high growth regional areas. The Department of Planning and Environment has conducted extensive work to identify the infrastructure needs for each of these areas and SIC funding will help support new and growing communities.

 

Once a SIC is Determined, the Department will consult with other State Government agencies and local councils to determine the timing of project delivery, considering current and forecast development rates and infrastructure capacity.

Current SICs

Three SICs are currently in place in NSW:

  • Western Sydney Growth Centres SIC – More information on the area where the SIC applies, the infrastructure being funded and how it is levied can be found in the Ministerial DeterminationDirection and Maps.
  • Warnervale Town Centre SIC – More information on the area where the SIC applies, the infrastructure being funded and how it is levied can be found in the Order, the Plan and the Maps
  • Wyong Employment Zone SIC – More information on the area where the SIC applies, the infrastructure being funded and how it is levied can be found in the Order, the Plan and the Maps

Proposed Special Contribution Areas (SCAs)

Below is a map of the proposed SCAs across Sydney. The Department is currently preparing and proposing draft SICs for all SCAs. Each draft will be publicly exhibited before the SIC is Determined.

More information 

How does a Special Infrastructure Contribution work for Planned Precincts and Growth Areas?

 
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infographic how does a special infrastructure contribution work 3 418x537infographic how does a special infrastructure contribution work 4 417x537
 

The Department will prepare draft SICs as they are required. There are currently three draft SICs under preparation:

  • Draft West Lake Illawarra SIC – information on the area covered by this draft SIC, the development that will contribute and expected contribution rates can be found in the draft DeterminationDirection and Maps. There is also a summary of the roads that have been included and the extent to which they are being funded by the SIC. Further information on growth planned for this area can be found in the Illawarra Regional Strategy
  • Draft Lower Hunter SIC – information on the area covered by this draft SIC, the development that will contribute and expected contribution rates can be found in the draft Determination, Direction and Maps. There is also a summary of the roads that have been included and the extent to which they are being funded by the SIC. Further information growth planned for this area can be found in the Lower Hunter Regional Strategy
  • Western Sydney Employment Area (WSEA) – this SIC is currently being prepared. Information on the future development in this area can be found on the Western Sydney Employment Area page.

Class of development Contribution rate
Development on residential land that is within a Western Sydney growth centre precinct subject to a precinct plan (as referred to in clause 5(1)(a) of the Determination)
$210,168* per hectare of net developable area
Development on residential land within Balmoral Road Area, Elderslie Area or Spring Farm Area (as referred to in clause 5(1)(b) of the Determination)
$166,786* per hectare of net developable area
Development on industrial land that is within a Western Sydney growth centre precinct subject to a precinct plan (as referred to in clause 5(1)(c) of the Determination) $91,112* per hectare of net developable area
Development in any land that is within a Western Sydney growth centre precinct not subject to a precinct plan (as referred to in clause 5(1)(d) of the Determination) $210,168* per hectare of net developable area
*The SIC rate is indexed annually on 1 July as outlined in the Environmental Planning and Assessment (Special Infrastructure Contribution - Western Sydney Growth Areas) Determination.

Special infrastructure contributions can be made either through a cash payment or by building required infrastructure.  The contribution payable is calculated based on the Net Developable Area (NDA) of the development. To find out the contribution payable you will need to request a Notice of Assessment. This can be done by sending the following documentation to SIContributions@planning.nsw.gov.au: 

  • A copy of the development consent
  • A copy of the approved plans
  • A Net Developable Area plan

Further information

For further information about the SIC please contact us as detailed on our Contact page.

 

What else do we do

In addition to the day-to-day operation of the SIC system the Department is involved in a variety of other aspects of the infrastructure funding system in NSW.

The infrastructure needed to support new homes and communities is identified when land is rezoned, or sometimes earlier.

 

At this point, contributions plans are prepared and allow the State and Local Government to levy a contribution towards the infrastructure needed.

 

The amount of the contribution that needs to be paid is a condition of approval for a development.

 

Payment occurs when the land is finally subdivided or certificates issued to start construction.

infrastructure_contributions-chart_834x224 

 

Special infrastructure contributions (SIC) Local Infrastructure contributions (s94 & S94A)

Roads (state and regional)
Land for 

  • Hospitals 
  • Schools
  • Parks and environmental conservation
  • Police, fire and ambulance facilities

Planning and delivery of new urban areas

 

 

Local road
Community facilities

  • Libraries 
  • Community centres
  • Child care

Traffic management 
Open space
Drainage
Plan administration


Development contributions help cover the cost of delivering infrastructure needed to support new communities and homes.

 

They are about making sure that developers and businesses are paying their fair share towards the infrastructure needed to support new homes.

 

The development contributions system operates under the Environmental Planning and Assessment Act, 1979.

 

This system covers contributions for both state/regional (Special Infrastructure Contributions or SIC) and local infrastructure (Section 94 contributions and Section 94A contributions), as well as the ability to negotiate planning agreements directly with individual developers for the provision of infrastructure.


The local contributions system is administered by local councils as they are best placed to understand the needs of their communities. There are two types of local contributions:

  • Section 94 contribution – where there is a demonstrated link between the development and the infrastructure that the contribution is funding. The contribution rate is charged per dwelling or per square metre.
  • Section 94A levies – where there does not need to be a demonstrated link between the development and the infrastructure funded from the contribution. Here,  the contribution rate is charged as a percentage of the estimated cost of the development.

The main aim of a contributions plan is to spread the cost of providing infrastructure across everyone that benefits from it.infrastructure_local-contributions-chart_834x121

More detail on the process to be followed and the issues to be considered are provided in the Regulations and Practice Notes.


Section 94 contributions for residential development are currently capped at $20,000 per dwelling and $30,000 in greenfield areas. There are also a limited number of areas where the cap does not apply as development was well underway when the cap was introduced. There is no cap for non-residential development.

 

Section 94A levies are currently capped in the following way, with a small number of exceptions:

 

Proposed development cost Maximum percentage of development cost for the levy
Up to $100,000 Nil
$100,001 to $200,000 0.5%
More than $200,000 1.0%

A local contributions plan will need to be submitted to the Independent Pricing and Regulatory Tribunal (IPART) for review in the following circumstances:

  • The proposed contribution rates are above the cap
  • The relevant council is seeking gap funding through a special rate variation or through the Local Infrastructure Growth Scheme.

 

 Information on what needs to be done when a review is required, including Practice Notes can be found on IPART’s contributions plan webpage.

The Clauses 25I to 38 of the Environmental Planning and Assessment Regulation 2000 (the Regulation) cover a variety of matters relating to the preparation, adoption and implementation of local contributions plans.

 

The Regulations are available on the NSW Legislation website.


The Department’s role in the local contributions system is one of oversight and guidance. This is provided through Regulations, Ministerial Directions and Practice Notes.

Under section 94E of the Environmental Planning and Assessment Act 1979 the Minister has the power to give direction to the relevant consent authority on local infrastructure contributions.

 

Ministerial Directions in Force

Name

Date issued

Purpose

Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017

17 July 2017

Capping of section 94 contributions for residential development.
Initial 2012 direction is amended by 2013, 2016 and 2017 direction.

 

A consolidated version of the direction is provided here for information only.

Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2016

14 September 2016

Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2013

19 June 2013

Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012

21 August 2012

Environmental Planning and Assessment (Local Infrastructure Levies) Direction 2015

14 April 2016

Prohibits s94A levies where a s94 contribution is required 

Environmental Planning and Assessment (Local Infrastructure Contributions – Port Botany and Port Kembla) Direction 2013

6 December 2013

Exempts land within the lease areas of Port Botany and Port Kembla from contributions payments (Bayside, Randwick and Wollongong Local Government Areas (LGAs))

Environmental Planning and Assessment (Local Infrastructure Contributions – Port of Newcastle) Direction 2014

Issued to Newcastle Council 10 October 2014

Exempts land within the lease areas of the Port of Newcastle from contributions payments (Newcastle LGA)

Environmental Planning and Assessment (Local Infrastructure Contributions - Hawkesbury City Council) Direction 2013

24 September 2013

Excludes certain items from contribution payments in the Pitt Town Residential Precinct (Hawkesbury LGA)

Environmental Planning and Assessment (Local Infrastructure Contributions – Warriewood Valley) Revocation Direction 2015

22 February 2015

Revokes the Environmental Planning and Assessment (Local Infrastructure Contributions – Warriewood Valley) Direction 2011

Environmental Planning and Assessment Act 1979
Revocation of Direction in force under section 94E and Direction under section 94E

14 September 2007

Exempts payment of a contribution for development carried out under the Seniors Living SEPP where undertaken by a social housing provider 

Revoked Ministerial Directions

Name

Date issued

Description

Revoked By

Environmental Planning and Assessment Act 1979 Direction Under section 94E

9 September 2009

Exemption from payment of a contribution for development funded under the Building the Education Revolution (BER) program 

Environmental Planning and Assessment (Local Infrastructure Levies) Direction 2015

Environmental Planning and Assessment Act 1979 Direction Under section 94E

10 November 2006

Development for which a s94A contribution cannot be applied and maximum percentage that can be applied 

Environmental Planning and Assessment (Local Infrastructure Levies) Direction 2015

Environmental Planning and Assessment (Local Infrastructure Contributions – Warriewood Valley) Direction 2011

13 May 2011

Capping of contributions in the Warriewood Valley (Pittwater Council) 

Environmental Planning and Assessment (Local Infrastructure Contributions – Warriewood Valley) Revocation Direction 2015

There are currently two sets of practice notes in place to help councils, applicants and the community understand the NSW development contributions system:

These practice notes are designed to be read in conjunction with the Act, Regulations and Ministerial Directions.

 

There are also a set of guidelines that relate to the Local Infrastructure Growth Scheme.

From time to time the Department will issue circulars providing additional information on a variety of policy issues. The information provided in these circulars is reflected in the information on our website. 


If you would like to look at a particular circular please visit the circular library.

Planning agreements are commercial agreements entered into by a developer and the Minister for Planning, other Ministers or council. They can cover a variety of issues but most commonly address at least one of the following:

  • Public amenity and public service 
  • Affordable housing
  • Transport
  • Other infrastructure

They can require either the physical provision of the above or a monetary contribution towards their provision.

 

View the Voluntary Planning Agreements Register

The majority of planning agreements entered into by the Department relate to satisfactory arrangement clauses in a Local Environmental Plan. These clauses require ‘satisfactory arrangements’ to be made for the provision of state and regional infrastructure before the land can be developed for urban purposes.

 

At a glance…

  • There are over 90 state planning agreements in force across NSW securing contributions of more than $1 billion towards infrastructure
  • The Department has a planning agreement register that lists all current planning agreements which the Minister is a party to (individual councils should have a similar register where they are party to an agreement).

If you think your development might need a planning agreement to contribute towards state infrastructure, talk to us as soon as possible. 


These agreements are legal documents and you will be required to meet the cost of their preparation. Contact our Information Centre.


Where a SIC is in place a developer may want to construct infrastructure instead of paying a cash contribution. If they want to do this they will need to enter into a Works-In-Kind (WIK) agreement. A WIK agreement is a legal agreement between the development and the Department or State Agency that will identify the works to be provided, timing for provision and the costs to be offset against any contributions required.

The Government is committing to investing $369 million over the next three years to continue to support costs in high growth areas for essential local infrastructure like streets, parks and land for community facilities.

 

The money will be applied to areas where LIGS funding is currently in place, LIGS transition areas where councils have recently applied for LIGS funding, as well as other zoned precincts in the North West and South West Priority Land Release Areas. 

 

This investment in local infrastructure will support new housing supply and can provide confidence on the funding for essential local infrastructure over the coming years.

 

Changes to the Local Infrastructure Growth Scheme

The NSW Government recently announced a $4 billion Housing Affordability Strategy, a comprehensive package of measures designed to improve housing affordability across NSW, with an emphasis on Greater Sydney where the housing affordability challenge is the greatest.

 

As part of the package the Government is allocating $369 million over the next three years to the LIGS program to benefit infrastructure that helps unlock housing in the following areas:  

  • Precincts in Blacktown and The Hills local government areas where LIGS funding is currently in place;
  • Precincts at West Dapto in Wollongong, Rockdale in Bayside, and Marsden Park in Blacktown where contributions plans have been or are currently being reviewed by IPART for LIGS funding; and
  • Rezoned land in the Growth Centres where a contributions plan has not yet been lodged.

 

The cap on contributions will increase by $5,000 on 1 January 2018 to $35,000 in greenfield areas and $5,000 to $25,000 in infill areas, and from 1 July 2018, apply an annual $5,000 increase to the caps each year for two years. The caps will be removed entirely in these areas on 1 July 2020.

 

Other areas will no longer be able to apply for LIGS subsidies. Instead, contributions plans which propose rates above the cap will be able to seek assessment by IPART against the Department’s Essential Works List, after which development will be able to charge the full apportioned amount.

 

Further information

Answers to Frequently Asked Questions about the changes to LIGS can be found here.  A Direction has been issued giving effect to the new arrangements and a Planning Circular has been prepared which provides information and advice on the changes to the arrangements for section 94 local infrastructure contributions and the Local Infrastructure Growth Scheme.

 

For further information on Local Development Contributions please contact Service NSW on 13 77 18.

 The following contributions plans are specified contributions plans for the purposes of clauses 6A and 6B of the Environmental planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 to indicate the land to which those clauses apply. 

 

The relevant council should be contacted for the most up-to-date contributions plan. 

 

LGA Precinct Contributions Plan
The Hills Shire Council
North Kellyville Precinct
Contributions Plan No.13 – North Kellyville Precinct 
The Hills Shire Council
Box Hill Precinct
Box Hill Industrial
The Hills Section 94 Contributions Plan (CP) No.15 – Box Hill Precinct
The Hills Shire Council
Balmoral Road Release Area
Contributions Plan No.12 –Balmoral Road Release Area
The Hills Shire Council
Box Hill North Precinct
Section 94 Contributions Plan (CP) No. 16 – Box Hill North Precinct
Blacktown Council
Riverstone & Alex Avenue Precincts
Section 94 Contributions Plan No. 20 – Riverstone & Alex Avenue Precincts 
Blacktown Council
Schofields Precinct
Section 94 Contributions Plan No. 24 – Schofields Precinct 
Blacktown Council
Area 20 Precinct  Section 94 Contributions Plan No. 22 – Area 20 Precinct 
Blacktown Council
Marsden Park
Marsden Park Industrial
Section 94 Contributions Plan No. 21 – Marsden Park (pending assessment by IPART and Ministerial advice to council)
Wollongong City Council
West Dapto  draft West Dapto Section 94 Development Contributions Plan 2017 (Pending Ministerial advice to council)
Bayside Council
Rockdale Urban Renewal Area  draft Rockdale Contributions Plan 2016 – Urban Renewal Area (Pending Ministerial advice to council)


Page last updated: 20/11/2017