Posted on July 28, 2017 by Lindsay Taylor

ALERT: New Ministerial Direction on Local Infrastructure Contributions

The Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 was published today on the website of the NSW Department of Planning and Environment. It is accompanied by a Circular.

The Direction is given by the Minister for Planning under s94E of the Environmental Planning and Assessment Act 1979 to all councils, and Sydney region planning panels and joint regional planning panels exercising the consent authority functions of one or more councils.

The Direction amends the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012.

In broad terms, the Direction provides for:

  • a progressive increase between 1 January 2018 and 30 June 2020 in the cap applying to the levying of monetary s94 contributions by councils on residential subdivisions, and
  •  the eventual phasing-out of the cap after 30 June 2020 for such contributions levied in accordance with ‘specified contributions plans‘ in force on the date of the direction and ‘IPART reviewed contributions plans‘.

Details of the Direction and the Circular and analysis of the relevant implications will be covered in a further post as soon as possible.