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8L Transitional provision--objections under Mining Act in relation to Part 3A projects

(1) The reference in clause 28 (b) of Schedule 1 to the Mining Act 1992 to any person who is entitled to make submissions in relation to the granting of development consent to use land for the purpose of obtaining minerals or for one or more mining purposes (";the relevant development";) is taken to include:

(a) if the relevant development is development to which Part 3A of the Act applies--a reference to any person who is entitled, under section 75H of the Act, to make a written submission in relation to the approval of that project, or

(b) if the Director-General has, under clause 8J (3) of this Regulation, accepted a period of public exhibition of an environmental impact assessment with respect to the relevant development before it becomes a project to which Part 3A of the Act applies--a reference to any person who was entitled to make a written submission during the public exhibition period in relation to the relevant development.

(2) Pursuant to Part 1 of Schedule 6 to the Act, this clause is taken to have commenced on the commencement of Part 3A of the Act.

8M Transitional provisions--development consents under Part 4 of the Act and approvals under Part 5 of the Act

(1) If development is declared to be a project under Part 3A of the Act, any development consent under Part 4 of the Act or approval under Part 5 of the Act that applies to the project or land on which the project is to be carried out continues in force despite that declaration.

(2) If a declaration of a project under Part 3A of the Act is revoked before or after approval has been given under that Part to carry out the project, the Minister may make any of the following determinations:

(a) that the whole or part of the effect of the approval is preserved and is taken to be a development consent granted under Part 4 of the Act by an appropriate consent authority nominated by the Minister,

(b) that the whole or a specified part of an action under Part 4 or Part 5 of the Act in respect of the whole or part of a project is revived and has effect,

(c) that an environmental assessment under Part 3A of the Act is to be recognised for the purpose of complying with a specified environmental assessment requirement under Part 4 or Part 5 of the Act.

(3) A determination of the Minister under subclause (2) has effect on the revocation of the declaration of the project.

(4) Subclause (2) does not apply if a project ceases to be a project to which Part 3A of the Act applies because of section 75P (1) (b) of the Act.

8N Projects or concept plans for which approval may not be given concerning environmentally sensitive land or sensitive coastal locations

(1) For the purposes of sections 75J (3) and 75O (3) of the Act, approval for a project application may not be given under Part 3A of the Act for any project, or part of a project, that:

(a) is located within an environmentally sensitive area of State significance or a sensitive coastal location, and

(b) is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.

(2) To avoid doubt, a project is not prohibited for the purposes of subclause (1) (b) if:

(a) it is not permitted because of the application of a development standard under the environmental planning instrument, or

(b) it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.

(3) In this clause:";environmentally sensitive area of State significance"; has the same meaning as it has in State Environmental Planning Policy (Major Development) 2005.";sensitive coastal location"; has the same meaning as it has in State Environmental Planning Policy (Major Development) 2005.

8O Other projects prohibited by environmental planning instruments for which project approval may not be given

(1) For the purposes of section 75J (3) of the Act, approval for the carrying out of a project may not be given under Part 3A of the Act for any project, or part of a project, that:

(a) is not the subject of an authorisation or requirement under section 75M of the Act to apply for approval of a concept plan, and

(b) is prohibited by an environmental planning instrument that would not (because of section 75R of the Act) apply to the project if approved.

(2) To avoid doubt, a project is not prohibited for the purposes of subclause (1) (b) if:

(a) it is not permitted because of the application of a development standard under the environmental planning instrument, or

(b) it is prohibited under the environmental planning instrument but is permitted to be carried out because of the application of another environmental planning instrument to the environmental planning instrument.

(3) This clause does not apply to a project for which the giving of approval is prohibited by clause 8N.

8OA Transitional provision--projects or concept plans otherwise prohibited for which approval may be given

Clauses 8N and 8O do not apply to a project application if, before the commencement of those clauses, the Director-General had notified the proponent of environmental assessment requirements under section 75F of the Act relating to the project, or part of the project, concerned.

8P Surrender of approvals given under Part 3A of the Act or existing use rights

(1) A surrender of an approval under Part 3A of the Act or a right conferred by Division 10 of Part 4 of the Act (referred to in section 75YA of the Act) is to be made by giving to the Director-General a notice in writing of the surrender of the approval or right.

(2) The notice must contain the following information:

(a) the name and address of the person by whom the notice is given,

(b) the address, and formal particulars of title, of the land to which the approval or right relates,

(c) a description of the approval or right to be surrendered,

(d) if the person giving notice is not the owner of the land, a statement by the owner of the land to the effect that the owner consents to the surrender of the approval or right.

(3) A duly signed and delivered notice of surrender of an approval or right conferred by Division 10 of Part 4 of the Act takes effect on the date determined by the Director-General and operates, according to its terms, to surrender the approval or right to which it relates.

Part 2 – Environmental planning instruments

9 Joint regional planning panel--eligible relevant planning authority

For the purposes of Part 3 of the Act, a joint regional planning panel is prescribed under section 54 of the Act as a body that may be directed by the Minister to be the relevant planning authority for a proposed LEP.

10 Public authorities must concur in proposed reservation of land by LEP

A planning proposal for a proposed LEP may not contain a proposed reservation of land for a purpose referred to in section 26 (1) (c) of the Act unless the public authority that is to be designated for the purposes of section 27 of the Act as the authority required to acquire the land has notified the relevant planning authority of its concurrence to the reservation of the land for that purpose.

11 Recovery of costs of studies etc by relevant planning authority

The relevant planning authority may enter into an agreement with a person who requests the authority to prepare a planning proposal under Part 3 of the Act for the payment of the costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the planning proposal.

12 Continuation of former provisions for making LEPs

(1) In this clause:";amending LEP"; means a LEP that (apart from provisions for citation, commencement, definitions, purpose, land to which it applies and similar ancillary provisions) contains only direct amendments to or repeals of other environmental planning instruments. Any other LEP is a principal LEP even if it also contains direct amendments to or repeals of other environmental planning instruments.";former LEP plan-making provisions"; means the provisions of:

(a) Part 3 of the Act and the regulations under the Act, and

(b) Part 5 of the Heritage Act 1977, and

(c) sections 28 and 29 of the Local Government Act 1993,

relating to the making of LEPs, as in force immediately before 1 July 2009 (the date of commencement of Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008).";pending LEP"; means:

(a) a draft principal LEP, if the Director-General was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, or

(b) a draft amending LEP, if the Director-General was informed of the decision to prepare the plan under section 54 of the Act before 1 July 2009, but only until 1 July 2010 (or if the Director-General had not issued a certificate under section 65 for public exhibition of the draft before 1 July 2009, until 1 January 2011).

(2) The former LEP plan-making provisions continue to apply to the making of a pending LEP unless the Director-General notifies the council that they cease to apply. In that case, the Minister may, under clause 122 (2) of Schedule 6 to the Act, dispense with any conditions precedent to the making of the LEP (subject to compliance with such other requirements, if any, as are imposed by the Minister).

(3) Despite subclause (2), section 25 of the Act, as in force immediately before 1 July 2009, does not continue to apply to the making of a pending LEP that is an amending LEP.

(4) A pending LEP made under the former LEP plan-making provisions is taken to be a LEP made by the Minister under Division 4 of Part 3 of the Act, as amended by Schedule 1 to the Environmental Planning and Assessment Amendment Act 2008.

(5) In any Act or instrument, a reference in relation to a pending LEP:

(a) to a planning proposal includes a reference to a draft local environmental plan, and

(b) to community consultation includes a reference to the public exhibition of any such draft plan.

12A Operation of 2010 amending Regulation

(1) This clause applies to any pending LEP to which the former LEP plan-making provisions continue to apply because of clause 12, as amended by the Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010, but to which those provisions did not apply before the commencement of that Regulation.

(2) For the purposes of the application of the former LEP plan-making provisions to a pending LEP to which this clause applies, any thing purporting to have been done or omitted before the commencement of that Regulation in accordance with the former LEP plan-making provisions in respect of the pending LEP is taken to have been done or omitted under and in accordance with the former LEP plan-making provisions.

(3) The amendments to clause 12 made by the Environmental Planning and Assessment Amendment (Transitional Arrangements) Regulation 2010 apply, but this clause does not apply, to the proposed local environmental plan relating to South Tralee submitted to the Director-General on or about 6 November 2009 by the Queanbeyan City Council.

13 Saving of previous threatened species consultation under section 34A

Any consultation undertaken in relation to a proposed environmental planning instrument before 1 July 2009 under section 34A of the Act, as in force immediately before that date, is (if the instrument is not made before that date) taken to be consultation undertaken under that section as in force after that date.

14 Saving of actions taken for preparation of SEPP

Anything done in relation to a proposed SEPP before 1 July 2009 under Division 2 of Part 3 of the Act, as in force immediately before that date, is (if the SEPP is not made before that date) taken to have been done under that Division as in force after that date.

15 REPs deemed to be SEPPs--interpretation

(1) A provision of a regional environmental plan that becomes a SEPP on 1 July 2009 does not prevail over any other environmental planning instrument because the plan becomes a SEPP on that date if it would not have prevailed over that instrument before that date.

(2) A provision of a regional environmental plan that becomes a SEPP on 1 July 2009 does not have the same effect as a provision of a SEPP for the purposes of Part 3A of the Act if it would not have had that effect before 1 July 2009.

15A Transitional provision relating to affordable housing

Until the commencement of Part 5B of the Act (to be inserted by Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008), section 94F (3) (b) of the Act is to be construed as if the reference to a condition authorised to be imposed by a LEP (which before the commencement of Schedule 1 to that Act included a reference to a condition authorised to be imposed by a regional environmental plan) were a reference to a condition authorised to be imposed by a SEPP or a LEP.

Part 3 – Development control plans

Division 1 – Preparation of development control plans by councils

16 In what form must a development control plan be prepared?

(cf clause 15 of EP&A; Regulation 1994)

(1) A development control plan must be in the form of a written statement, and may include supporting maps, plans, diagrams, illustrations and other materials.

(2) A development control plan must describe the land to which it applies, and must identify any local environmental plan or deemed environmental planning instrument applying to that land.

17, 17A (Repealed)

Division 2 – Public participation

18 Draft development control plan must be publicly exhibited

(cf clause 17 of EP&A; Regulation 1994)

(1) Following the preparation of a draft development control plan, the council:

(a) must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan,

(b) must publicly exhibit at the places, on the dates and during the times set out in the notice:

(i) a copy of the draft plan, and

(ii) a copy of any relevant local environmental plan or deemed environmental planning instrument, and

(c) must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited).

(2) A draft development control plan must be publicly exhibited for at least 28 days.

19 Copies of draft development control plans to be publicly available

(cf clause 18 of EP&A; Regulation 1994)

Copies of the draft development control plan, and of any relevant local environmental plan or deemed environmental planning instrument, are to be made available to interested persons, either free of charge or on payment of reasonable copying charges.

20 Who may make submissions about a draft development control plan?

(cf clause 19 of EP&A; Regulation 1994)

Any person may make written submissions to the council about the draft development control plan during the relevant submission period.

Division 3 – Approval of development control plans

21 Approval of development control plans

(cf clause 20 of EP&A; Regulation 1994)

(1) After considering any submissions about the draft development control plan that have been duly made, the council:

(a) may approve the plan in the form in which it was publicly exhibited, or

(b) may approve the plan with such alterations as the council thinks fit, or

(c) may decide not to proceed with the plan.

(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.

(3) Notice of a decision not to proceed with a development control plan must include the council's reasons for the decision.

(4) A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

21A Approval of development control plans relating to residential flat development

(1) The council must not approve a draft development control plan (including an amending plan) containing provisions that apply to residential flat development unless the council:

(a) has referred the provisions of the draft development control plan that relate to design quality to the design review panel (if any) constituted for the council's area (or a region that includes the council's area) under State Environmental Planning Policy No 65--Design Quality of Residential Flat Development, and

(b) has taken into consideration any comments made by the design review panel concerning those provisions.

(2) This clause extends to a plan the preparation of which commenced before the constitution of the relevant design review panel.

Division 4 – Amendment and repeal of development control plans

22 How may a development control plan be amended or repealed?

(cf clause 21 of EP&A; Regulation 1994)

(1) A council may amend a development control plan by a subsequent development control plan.

(2) A council may repeal a development control plan:

(a) by a subsequent development control plan, or

(b) by public notice in a local newspaper of its decision to repeal the plan.

22A Amendment or revocation of development control plan at Minister's direction

(1) This clause applies if the Minister directs a council under section 74F of the Act:

(a) to revoke a development control plan, or

(b) to amend a development control plan and the direction specifies that the amending plan is not required to be exhibited.

(2) The council may amend or revoke the development control plan by making a development control plan.

(3) The council must give public notice in a local newspaper of the making of the development control plan not later than 14 days after making the plan.

(4) Notice of a development control plan to revoke a development control plan must specify the following:

(a) the date the council made the plan and when the plan takes or took effect,

(b) the name of the plan that is to be revoked.

(5) Notice of a development control plan to amend a development control plan must specify the following:

(a) the date the council made the plan and when the plan takes or took effect,

(b) the name of the plan that is to be amended,

(c) that the amendment is in accordance with a direction under section 74F of the Act.

(6) The development control plan comes into effect on the date that the notice is given, or 14 days after the council makes the development control plan, whichever occurs first.

(7) Clauses 18, 21, 21A, 22 and 23 do not apply to a development control plan made under this clause.

23 Procedure for repealing a development control plan by public notice

(cf clause 22 of EP&A; Regulation 1994)

(1) Before repealing a development control plan by public notice in a local newspaper, the council must give public notice in a local newspaper:

(a) of its intention to repeal the development control plan, and

(b) of its reasons for doing so.

(2) Publication of the notice of intention must take place at least 14 days before publication of the notice of repeal.

(3) The repeal of a development control plan by public notice in a local newspaper takes effect on the date of publication of the notice.

Division 5 – Development control plans made by the Director-General

24 Application of Part to development control plans made by the Director-General

(cf clause 23 of EP&A; Regulation 1994)

This Part applies to a development control plan prepared by the Director-General, as the relevant planning authority, under section 74C of the Act, subject to the following modifications:

(a) a reference to a council is taken to be a reference to the Director-General,

(b) a reference to a local environmental plan or deemed environmental planning instrument is taken to be a reference to a State environmental planning policy.

Division 6 – Miscellaneous

25 Additional information requested by relevant planning authority

(1) If an environmental planning instrument requires or permits a development control plan to be prepared and submitted to the relevant planning authority, the planning authority may request the owners (as referred to in section 74D of the Act) who are submitting the plan to provide the planning authority with such additional information as the planning authority considers necessary for the purposes of making the plan.

(2) Any such request is to be in writing.

(3) The information that the relevant planning authority may request is limited to information relating to any relevant matter referred to in an environmental planning instrument.

(4) In accordance with section 74D (6) of the Act, the 60-day period referred to in section 74D (5) of the Act may be extended by the number of days from the day on which the request for the information was made until the day on which the information is provided or on which the owners refuse to supply the information (whichever is the sooner).

(5) If the owners refuse to supply the requested information, the development control plan is taken not to have been submitted to the relevant planning authority.

25AA Assessment and preparation fees

(1) If a draft development control plan under section 74D of the Act is prepared (and submitted to the relevant planning authority) by the owners of the land to which it applies, the owners must pay the relevant planning authority an assessment fee as determined by the planning authority.

(2) If any such draft development control plan is prepared by the relevant planning authority at the request of the owners (or the percentage of the owners as referred in section 74D (3) of the Act), those owners must pay the planning authority a preparation fee as determined by the planning authority.

(3) Any such assessment or preparation fee must not exceed the reasonable cost, to the relevant planning authority, of assessing or preparing the draft development control plan, carrying out any associated studies and publicly exhibiting the draft plan.

(4) If there is more than one owner of the land to which the draft development control plan applies, the fee concerned is to be apportioned between them as the relevant planning authority determines.

(5) If the Minister, in accordance with section 74D (5) (b) of the Act, acts in the place of a council to make the development control plan concerned, the council must, if directed by the Minister to do so, forward to the Minister any assessment or preparation fee that has been paid to the council in relation to that plan.

(6) Any assessment or preparation fees payable under clause 272, 273, 273A, 274A or 274B (as in force before their repeal by the Environmental Planning and Assessment Amendment (Planning Instruments and Development Consents) Regulation 2005) are taken to be fees (as determined by the relevant planning authority concerned) payable under this clause. If, under any such repealed clause, a lessee was liable to pay a fee, a reference in this clause to the owner of the land extends to any such lessee.

25AB Councils to provide copies of development control plans to Director-General

A council must, within 28 days of making a development control plan, provide the Director-General with a copy of the plan.

25AC Purchase of copies of development control plans

Copies of a development control plan (including any document referred to in a development control plan such as a supporting map, plan, diagram, illustration or other material) are to be made available for purchase from the principal office of the relevant planning authority that prepared the plan.

Under section 74E (4) of the Act, a development control plan must be available for inspection (without charge) at the principal office of the relevant planning authority that prepared the plan.

The above clause does not require the relevant planning authority to supply certified copies of any document. Certified copies are supplied under section 150 of the Act on payment of a prescribed fee. The fee for a certified copy is prescribed by clause 262.

25AD Further transitional provisions: 2005 Amending Act

(1) In this clause:";deemed DCP"; means a master plan, in force under a provision of an environmental planning instrument immediately before the relevant commencement, that is taken to be a development control plan under section 74D of the Act because of clause 95 of Schedule 6 to the Act, and includes a master plan that is taken to be a development control plan as provided by subclause (4).";relevant commencement"; means the date on which Schedule 2 to the 2005 Amending Act commences.";2005 Amending Act"; means the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005.

(2) Effect of section 74C on deemed DCPs Section 74C (2) and (5) of the Act (as inserted by the 2005 Amending Act) does not render invalid any deemed DCP until such time as the principal local environmental planning instrument applying to the land concerned adopts the provisions of a standard instrument (as referred to in section 33A of the Act).

(3) Amendment of deemed DCPs A deemed DCP may be amended or revoked only in accordance with the procedures provided in relation to the making of the master plan by the environmental planning instrument under which it was made. Accordingly, section 74C (4) of the Act does not apply in relation to a deemed DCP.

(4) Pending master plans Any master plan lodged under a provision of an environmental planning instrument but not made or adopted as at the relevant commencement may, after that commencement, proceed to be made or adopted as if the amendments made to the Act and this Regulation by Schedules 2 and 7.3 to the 2005 Amending Act had not been made. Once it is made or adopted, the master plan is taken to be a development control plan under section 74D of the Act.

Part 4 – Development contributions

Division 1 – Preliminary

25A Planning authorities

Pursuant to paragraph (e) of the definition of ";planning authority"; in section 93C of the Act, all public authorities are declared to be planning authorities for the purposes of Division 6 of Part 4 of the Act.

Division 1A – Planning agreements

25B Form and subject-matter of planning agreements

(1) A planning agreement must:

(a) be in writing, and

(b) be signed by the parties to the agreement.

Section 93F (10) of the Act requires a planning agreement to conform with the Act, environmental planning instruments and development consents applying to the relevant land.

(2) The Director-General may from time to time issue practice notes to assist parties in the preparation of planning agreements. Under section 93K of the Act the Minister may give planning authorities directions on requirements with respect to planning agreements.

25C Making, amendment and revocation of agreements

(1) A planning agreement is not entered into until it is signed by all the parties to the agreement. Section 93G of the Act provides that the agreement cannot be entered into until public notice of the proposed agreement has been given.

(2) A planning agreement may specify that it does not take effect until:

(a) if the agreement relates to a proposed change to an environmental planning instrument--the date the change is made, or

(b) if the agreement relates to a development application or proposed development application--the date consent to the application is granted.

(3) A planning agreement may be amended or revoked by further agreement in writing signed by the parties to the agreement (including by means of a subsequent planning agreement).

25D Public notice of planning agreements

(1) If a planning authority proposes to enter into a planning agreement, or an agreement to amend or revoke a planning agreement, in connection with a development application or a project application, the planning authority is to ensure that public notice of the proposed agreement, amendment or revocation is given:

(a) in the case of an agreement in connection with a development application:

(i) if practicable, as part of and contemporaneously with, and in the same manner as, any notice of the development application that is required to be given by a consent authority for a development application by or under the Act, or

(ii) if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of the development application that is required to be given by a consent authority for a development application by or under the Act and in the manner determined by the planning authorities that are parties to the agreement, or

(b) in the case of an agreement in connection with a project application:

(i) if practicable, as part of and contemporaneously with, and in the same manner as, any notice of an environmental assessment in connection with the application that is required to be given by the Director-General by or under the Act, or

(ii) if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of an environmental assessment for the project that is required to be given by the Director-General by or under the Act and in the manner determined by the planning authorities that are parties to the agreement.

(1A) If a planning authority proposes to enter into a planning agreement, or an agreement to amend or revoke a planning agreement, in connection with a proposed change to a local environmental plan, the planning authority is to ensure that public notice of the proposed agreement, amendment or revocation is given:

(a) if practicable, as part of and contemporaneously with, and in the same manner as, any public notice of the relevant planning proposal that is required under Part 3 of the Act, or

(b) if it is not practicable for notice to be given contemporaneously, as soon as possible after any public notice of the relevant planning proposal that is required under Part 3 of the Act and in the manner determined by the planning authorities that are parties to the agreement.

(2) (Repealed)

(2A) In the case of a planning agreement of a kind other than an agreement referred to in subclause (1), (1A) or (2) of which public notice is required to be given under section 93G of the Act, the Director-General is to ensure that public notice of the proposed agreement, amendment or revocation is given not less than 28 days before the agreement is entered into or amended or revoked and in the manner determined by the planning authorities that are parties to the agreement.

(3) The public notice of a proposed agreement, amendment or revocation must specify the arrangements relating to inspection by the public of copies of the proposed agreement, amendment or revocation.

(4) In this clause:";project application"; has the same meaning as it has in Part 1A.

Section 93G of the Act requires a copy of the proposed agreement, amendment or revocation to be made available for inspection by the public for a period of not less than 28 days.

25E Explanatory note

(1) A planning authority proposing to enter into a planning agreement, or an agreement that revokes or amends a planning agreement, must prepare a written statement (referred to in this Division as an ";explanatory note";):

(a) that summarises the objectives, nature and effect of the proposed agreement, amendment or revocation, and

(b) that contains an assessment of the merits of the proposed agreement, amendment or revocation, including the impact (positive or negative) on the public or any relevant section of the public.

(2) Without limiting subclause (1), an explanatory note must:

(a) identify how the agreement, amendment or revocation promotes the public interest and one or more of the objects of the Act, and

(b) if the planning authority is a development corporation, identify how the agreement, amendment or revocation promotes one or more of its responsibilities under the Growth Centres (Development Corporations) Act 1974, and

(c) if the planning authority is a public authority constituted by or under an Act, identify how the planning agreement, amendment or revocation promotes one or more of the objects (if any) of the Act by or under which it is constituted, and

(d) if the planning authority is a council, identify how the agreement, amendment or revocation promotes one or more of the elements of the council's charter under section 8 of the Local Government Act 1993, and

(e) identify a planning purpose or purposes served by the agreement, amendment or revocation, and contain an assessment of whether the agreement, amendment or revocation provides for a reasonable means of achieving that purpose, and

(f) identify whether the agreement, amendment or revocation conforms with the planning authority's capital works program (if any), and

(g) state whether the agreement, amendment or revocation specifies that certain requirements of the agreement must be complied with before a construction certificate, occupation certificate or subdivision certificate is issued.

(3) The explanatory note is to be prepared jointly with the other parties proposing to enter into the planning agreement.

(4) However, if 2 or more planning authorities propose to enter into a planning agreement, an explanatory note may include separate assessments prepared by the planning authorities in relation to matters affecting only one of the planning authorities, or affecting those planning authorities in a different manner.

(5) A copy of the explanatory note must be exhibited with the copy of the proposed agreement, amendment or revocation when it is made available for inspection by the public in accordance with the Act.

(6) If a council is not a party to a planning agreement that applies to the area of the council, a copy of the explanatory note must be provided to the council when a copy of the agreement is provided to the council under section 93G (4) of the Act.

(7) A planning agreement may provide that the explanatory note is not to be used to assist in construing the agreement.

25F Councils to facilitate public inspection of relevant planning agreements

(1) A council must keep a planning agreement register.

(2) The council must record in the register a short description of any planning agreement (including any amendment) that applies to the area of the council, including the date the agreement was entered into, the names of the parties and the land to which it applies.

(3) A council must make the following available for public inspection (free of charge) during the ordinary office hours of the council:

(a) the planning agreement register kept by the council,

(b) copies of all planning agreements (including amendments) that apply to the area of the council,

(c) copies of the explanatory notes relating to those agreements or amendments.

(4) In this clause, ";planning agreement"; includes a planning agreement to which the council is not a party but which has been provided to the council under the Act.

25G Director-General to facilitate public inspection of relevant planning agreements

(1) The Director-General must keep a planning agreement register.

(2) The Director-General must record in the register a short description of any planning agreement (including any amendment) entered into by the Minister, including the date the agreement was entered into, the names of the parties and the land to which it applies.

(3) The Director-General must make the following available for public inspection (free of charge) during the ordinary office hours of the Department:

(a) the planning agreement register kept by the Director-General,

(b) copies of all planning agreements (including amendments) to which the Minister is a party,

(c) copies of the explanatory notes relating to those agreements or amendments.

25H Other planning authorities to facilitate public inspection of relevant planning agreements

A planning authority (not being a council or the Minister) must make the following available for public inspection (free of charge) during the ordinary office hours of the planning authority:

(a) copies of all planning agreements (including amendments) to which it is a party,

(b) copies of the explanatory notes relating to those agreements or amendments.

Division 1B – Development consent contributions

25I Indexation of monetary section 94 contribution--recoupment of costs

For the purposes of section 94 (3) of the Act, the cost of providing public amenities or public services is to be indexed quarterly or annually (as specified in the relevant contributions plan) in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician.

25J Section 94A levy--determination of proposed cost of development

(1) The proposed cost of carrying out development is to be determined by the consent authority, for the purpose of a section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) if the development involves the erection of a building, or the carrying out of engineering or construction work--the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation,

(b) if the development involves a change of use of land--the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

(c) if the development involves the subdivision of land--the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

(2) For the purpose of determining the proposed cost of carrying out development, a consent authority may have regard to an estimate of the proposed cost of carrying out the development prepared by a person, or a person of a class, approved by the consent authority to provide such estimates.

(3) The following costs and expenses are not to be included in any estimate or determination of the proposed cost of carrying out development:

(a) the cost of the land on which the development is to be carried out,

(b) the costs of any repairs to any building or works on the land that are to be retained in connection with the development,

(c) the costs associated with marketing or financing the development (including interest on any loans),

(d) the costs associated with legal work carried out or to be carried out in connection with the development,

(e) project management costs associated with the development,

(f) the cost of building insurance in respect of the development,

(g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of a current use of land),

(h) the costs of commercial stock inventory,

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by or under any law,

(j) the costs of enabling access by disabled persons in respect of the development,

(k) the costs of energy and water efficiency measures associated with the development,

(l) the cost of any development that is provided as affordable housing,

(m) the costs of any development that is the adaptive reuse of a heritage item.

(4) The proposed cost of carrying out development may be adjusted before payment, in accordance with a contributions plan, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan (such as a Consumer Price Index) between the date the proposed cost was determined by the consent authority and the date the levy is required to be paid.

(5) To avoid doubt, nothing in this clause affects the determination of the fee payable for a development application.

25K Section 94A levy--maximum percentage

(1) The maximum percentage of the proposed cost of carrying out development that may be imposed by a levy under section 94A of the Act is:

(a) in the case of development other than development specified in paragraph (b):

(i) if the proposed cost of carrying out the development is up to and including $100,000--nil, or

(ii) if the proposed cost of carrying out the development is more than $100,000 and up to and including $200,000--0.5 per cent of that cost, or

(iii) if the proposed cost of carrying out the development is more than $200,000--1 per cent of that cost, or

(b) in the case of development on land specified in the Table to this paragraph--the percentage specified in Column 2 of the Table opposite the relevant proposed cost of carrying out the development listed in Column 1 of the Table.



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