Detailed Outline
As you know, the then Premier in February this year advised all Ministers of the Government's policy stance regarding contributions to Local Government in the following terms:
Many Government agencies when undertaking developments have been asked for contributions by Local Government and Statutory Authorities to infrastructure works associated with NSW Government Capital Works projects. It has been the policy of NSW Governments for many years to resist these demands and, in particular, to resist creating precedents or a policy of accepting these claims.
However, in a few cases, Ministers have occasionally allowed contributions towards infrastructure provided by Local Government or Statutory Authorities.
Under the Environmental Planning and Assessment Act, 1979, the Minister for Planning is empowered to determine disputes between Government Agencies undertaking developments and Local Government seeking contributions either on its own behalf or at the request of Statutory Authorities.
Ministers are not to accede to these demands, except in very special circumstances. In these special circumstances, if the matter still cannot be resolved by negotiation, then the Minister for Planning will make a determination.
Following further consideration by the Government, it has now been decided to modify this policy and the following principles are to apply henceforth in relation to Local Government:
The Government is prepared to enter into discussions regarding the particular needs of individual Councils.
The Government reserves the right to pay reasonable contributions, but this will not delay the commencement of essential community service developments.
All projects presently subject to negotiations regarding financial contributions are to be dealt within 21 days, otherwise the relevant Government Agency will proceed to the construction stage.
In future, the Government will reserve the right to negotiate on reasonable requests, but the consideration of affected State projects must be dealt with expeditiously by Councils.
I should be please if you could bring this matter to the attention of all administrations and agencies coming within your portfolio. In the meantime, I have asked the Minister for Local Government to advise all Local Government Councils accordingly.
Yours faithfully
John Fahey
Premier
Overview
Compliance
- Not Mandatory
AR Details
- Date Issued
- Nov 17, 1992
- Review Date
- Jul 17, 2016
- Replaces
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- Replaced By
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Contacts
- Contact
- Contact us
- Phone
- 02 9228 5555
- Publishing Entity
- Department of Premier and Cabinet
- Issuing Entity
- Department of Premier and Cabinet