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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 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

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 visit the circular library.

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Satisfactory arrangements and planning agreements

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

Satisfactory arrangements

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).

Preparing a planning 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.


Works-In-Kind agreements

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.

Page last updated: 13/12/2017