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New legislation under the reforms

Legislation has been introduced to the NSW Parliament as part of the infrastructure contributions reforms to boost productivity, provide certainty for industry and support housing supply and affordability. A copy of the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 is available at NSW Parliament.

To help you navigate the Bill, we have prepared a guide document on the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (PDF, 52 KB).

The enabling legislation will provide the foundations for a stronger infrastructure contributions system by matching infrastructure funding with infrastructure outcomes for new and growing communities.

The reforms include:

  • A regional infrastructure contributions system to collect levies on development in Greater Sydney, Central Coast, Hunter and the Illawarra Shoalhaven while preserving existing special infrastructure contribution arrangements
  • Requiring owners who benefit from their land being rezoned for development to contribute towards the provision of land for local infrastructure when their land is either sold or developed.
  • Greater transparency and accessibility for Planning Agreements;
  • Incentives for councils to fund infrastructure upfront, allowing councils to borrow and pool their funds.

The Minister for Planning and Public Spaces, Rob Stokes, tabled proposed amendments to the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021.

The amendments:

  • Lock in the current essential works list settings for section 7.11 plans for three years
  • Guarantees the section 7.12 rates are reset and can not be undercut in future
  • Clearly states the local and regional contributions are separate
  • Ensures regional contributions will be spent in the region where the development is located.

These changes deliver on the commitments the Minister made when launching the detailed policy settings for public exhibition, and following engagement with Local Government NSW.

Once the legislation is passed, the new system is expected to be implemented and in place by 1 July 2022.