IMPORTANT INFORMATION FOR APPLICANTS
(Note: the Department of Planning has advised that the changes are to be implemented from 1 October 2008)
The Environmental Planning and Assessment Act 1979 (EP&A Act) was recently amended to require from 15 September 2008 that any person who makes a relevant planning application to a council is required to disclose the following reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing two years before the application is made and ending when the application is determined:
- all reportable political donations made to any local councillor of that council, and
- all gifts made to any local councillor or employee of that council.
The disclosure requirements under the new legislation are triggered by the making of relevant planning applications. The term relevant planning application includes:
- an application for development consent under Part 4 (or for the modification of a development consent) of the EP&A Act. The legislation defines other planning applications. Details of these can be found on the Department of Planning website mentioned below.
The amendments to the EP&A Act require that:
- a reportable political donation as defined in the Election Funding and Disclosures Act 1981 (a donation of $1000 or more made to or for the benefit of the party, elected member, group or candidate or made by a major political donor to or for the benefit of a party, elected member, group or candidate, or made to the major political donor), or
- a gift as defined in the Election Funding and Disclosures Act 1981 to any local councillor or council employee (and includes a disposition of property or a gift of money or the provision of other valuable or service for no consideration or for inadequate consideration) must be disclosed when a relevant planning application is made to a council.
A donation of less than $1000 can be a reportable political donation if the aggregated total of such donations made by an entity or person to the same party, elected member, group or candidate or person within the same financial year (ending 30 June) is $1000 or more.
If you are required to make a disclosure of a reportable political donation or gift under the EP&A Act, the disclosure is to be made:
- in, or in a statement accompanying, the relevant planning application if the donation of gift is made before the application or submission is made, or
- if the donation or gift is made afterwards, in a statement of the person to whom the relevant planning application or submission was made within 7 days after the donation or gift is made.
The information requirements of the disclosure are outlined in the EP&A Act under section 147(9) for political donations and section 147(10) for gifts. Disclosure Statements, which outlines the relevant information requirements for disclosure to council, are available at the Customer Services counter at the Civic Centre, Byng Street, Orange or Council’s website. Disclosure Statement Templates are also available at the Department of Planning website http://www.planning.nsw.gov.au/planning_reforms/donations.asp.
Disclosures of reportable political donations and gifts are to be made available to the public within 14 days by the disclosure being placed on Council’s website for matters lodged with Council.
The amendments to the EP&A Act make it an offence if a disclosure of a reportable political donation or gift is not made in accordance with the Act.
A copy of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008 is available on the NSW Parliamentary Counsel’s Office website: http://www.legislation.nsw.gov.au.
Note: Department of Planning Circulars detailing this and other matters are published on the web at www.planning.nsw.gov.au/planningsystem/circularsandguidelines/
Council’s Development Services staff can answer any queries with respect to this matter.
If you are lodging a Development Application you need the following two forms:
A combined Development and Construction Certificate Application form and checklist are required when you are applying for concurrent approval. Remember that you must lodge all of the information required for construction if you choose to make a 'combined' application.
Construction Certificate (CC), Complying Development Certificate (CDC) and Water, Sewer or On-site Sewage System
If you are applying for a Construction Certificate, Complying Development Certificate or approval for any work related to water or sewer you need the following form.
If you are applying for a Water/Sewer/On-site Sewage System (Section 68) Certificate you need the following form.
Use this Utilities Application form for requests for :
- water/plumbing works,
- sewer/drainage works,
- pressure & flow tests,
- fire service,
- building over sewer and
- requests for water or sewer quotes
- requests to connect to existing water and sewer lines
To accompany all Development Applications for Class 1 and 10 Structures.
For issue of a Subdivision Certificate.
You can refer to Council's Management Plan to calculate the fees for lodging an application or Council will provide a quote when requested in writing. You can email, fax (6393 8191) or post the completed 'Request for Estimate of Fees Form'.
Building over Sewer
To apply to build over or adjacent to the sewer. Information on this is found in the policy below (section 4.1)