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Regulations, Ministerial Directions, guidelines and circulars

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.

Ministerial Directions

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 2018
23 February 2018

Initial 2012 direction is amended by 2013, 2016, 2017 and 2018 direction.

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

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

17 July 2017

 

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

Practice notes and guidelines

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.

Circulars

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 go to Planning System Circulars.

Page last updated: 28/02/2018