Posted on September 28, 2022 by Lindsay Taylor and Megan Hawley 3
Infrastructure Reforms Shelved
We previously published an article about the introduction of the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposed to rewrite the NSW infrastructure contributions system under Part 7 of the Environmental Planning and Assessment Act 1979 (NSW) by introducing the following key changes to the development contributions regime:
- introducing a new land value contribution condition in section 7.11,
- replacing the flat percentage levy in section 7.12 with a monetary levy required by a local levy condition, and
- replacing Subdivisions 4 and 5 of Part 7, currently providing for special infrastructure contributions, with new subdivisions providing for regional infrastructure contributions.
The Bill was passed by the Legislative Assembly on 12 October 2021.
Reports today in the Sydney Morning Herald suggest that in response to concerns expressed by councils, the Government will no longer pursue the Bill.
As of the date of this article, there has been no official statement by the Government in this respect, although the Minister for Planning made a statement about continuing to work with councils in respect of infrastructure reform.
It is also unclear from the press report whether the reforms to replace special infrastructure contributions with regional infrastructure contributions will be abandoned.
We will monitor the situation and provide further updates.
You can read our previous blog on the Bill and the proposed reforms via this link.
You can read the Sydney Morning Herald report via this link.
If you have any questions about this blog post, please contact Dr Lindsay Taylor on 02 8235 9701 or Megan Hawley on 02 8235 9703.
Leave a comment
in focus comments policy
LTL welcomes your feedback and comments on our posts. all comments, however, will be moderated and we reserve the right not to publish any comment for any reason.
LTL in focus is primarily designed for public sector and development professionals dealing in the fields of planning, environment and government. you may, therefore, wish to consult your organisation’s social media policy before you post any comments. it should go without saying that we expect all comments to maintain a level of respect and professional courtesy.
Please note we are unable to provide specific legal advice via these comments. If you wish to engage us to provide legal advice on a matter, please contact our office directly.
In making a comment you are required to provide your email address, this will not be published on the site. if the moderator chooses to publish your comment, the name you provide will be published with your comment – it is your choice whether you provide your full name or just your first name. if you provide your full name, we may seek to verify your identity prior to publication of your first comment. If you wish your comment to be directed only to the author or moderator please make that clear – marking it NFP or Not For Publication is the easiest way. thank you for your support and happy reading – matthew mcnamara, ceo.