{"id":"nsw:act-1988-048","name":"City of Sydney Act 1988","slug":"city-of-sydney-act-1988","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"48 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107137,"registerId":"nsw-act-1988-048-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [City of Sydney Act 1988](/view/html/inforce/current/act-1988-048).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Subject to this section, this Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Sections 1 and 2 commence on the date of assent.\n> \n> > (3) (Repealed)\n> \n> **s 2:** Am 1993 No 32, Sch 2.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Relationship with Principal Act","content":"#### 3 Relationship with Principal Act\n\n3 Relationship with Principal Act\n\n> > (1) The [Local Government Act 1993](/view/html/inforce/current/act-1993-030) is referred to in this Act as the Principal Act.\n> \n> > (2) This Act, Part 4 and Schedule 1 excepted, shall be construed with, and as if it formed part of, the Principal Act.\n> \n> > (3) In the event of an inconsistency between this Act and the Principal Act, this Act shall prevail to the extent of the inconsistency.\n> \n> > (4) (Repealed)\n> \n> **s 3:** Am 1993 No 32, Sch 2; 2012 No 47, Sch 1 \\[2\\] \\[3\\]; 2023 No 27, Sch 1.2\\[2\\]–\\[4\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > City Council means the Council of the City of Sydney.\n> > \n> > general manager means the general manager of the City Council.\n> > \n> > Planning Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > Planning Committee means the Central Sydney Planning Committee constituted by this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 1989 No 89, Sch 2; 1993 No 32, Sch 2; 2006 No 123, Sch 2 \\[1\\]; 2012 No 47, Sch 1 \\[4\\]; 2013 No 19, Sch 4.5 \\[1\\]; 2014 No 50, Sch 1 \\[1\\]; 2023 No 27, Sch 1.2\\[5\\].","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":null,"content":"#### 4A\n\n4A (Repealed)","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nPart 2\n\n5–13 (Repealed)\n\n**pt 2 (ss 5–13):** Rep 1993 No 32, Sch 2.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Elections","content":"# Part 3 Elections\n\nPart 3 Elections","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":null,"content":"## Division 1\n\nDivisions 1, 2\n\n14–22 (Repealed)\n\n**pt 3, div 1:** Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 14:** Am 1995 No 11, Sch 1.17 \\[1\\]; 1995 No 12, Sch 2 \\[1\\]–\\[9\\]; 1996 No 139, Sch 2.2 (am 1997 No 55, Sch 2.18 \\[1\\] \\[2\\]); 1998 No 141, Sch 2 \\[1\\]–\\[3\\]; 1999 No 31, Sch 1.3 \\[1\\]–\\[3\\]; 2003 No 7, Sch 1 \\[1\\]; 2014 No 50, Sch 1 \\[2\\]–\\[8\\]; 2015 No 50, Sch 4.1 \\[1\\] \\[2\\]; 2017 No 66, Sch 8.3. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 15:** Subst 1995 No 11, Sch 1.17 \\[2\\]. Am 1995 No 12, Sch 2 \\[10\\]. Subst 1998 No 141, Sch 2 \\[4\\]. Am 2014 No 50, Sch 1 \\[9\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16:** Am 1995 No 11, Sch 1.17 \\[3\\] \\[4\\]; 1998 No 141, Sch 2 \\[5\\]; 2014 No 50, Sch 1 \\[10\\] \\[11\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16AA:** Ins 2014 No 50, Sch 1 \\[12\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16AB:** Ins 2014 No 50, Sch 1 \\[12\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16AC:** Ins 2014 No 50, Sch 1 \\[12\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16A:** Ins 1998 No 141, Sch 2 \\[6\\]. Am 2022 No 59, Sch 1.4. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 16B:** Ins 2014 No 50, Sch 1 \\[13\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 17:** Subst 1995 No 11, Sch 1.17 \\[5\\]. Am 1995 No 12, Sch 2 \\[11\\] \\[12\\]. Subst 1998 No 141, Sch 2 \\[7\\].Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 17A:** Ins 1995 No 12, Sch 2 \\[13\\]. Rep 1998 No 141, Sch 2 \\[8\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18:** Am 1995 No 11, Sch 1.17 \\[6\\]–\\[12\\]; 1995 No 12, Sch 2 \\[14\\] \\[15\\]; 1997 No 77, Sch 5.6. Rep 1998 No 141, Sch 2 \\[9\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18A:** Ins 1998 No 141, Sch 2 \\[10\\]. Subst 2003 No 7, Sch 1 \\[2\\]; 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18B:** Ins 2003 No 7, Sch 1 \\[2\\]. Subst 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18C:** Ins 2003 No 7, Sch 1 \\[2\\]. Subst 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18D:** Ins 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18E:** Ins 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 18F:** Ins 2014 No 50, Sch 1 \\[14\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 19:** Am 1995 No 11, Sch 1.17 \\[13\\]–\\[16\\]; 1995 No 12, Sch 2 \\[16\\]. Rep 1998 No 141, Sch 2 \\[11\\].\n\n**s 19A:** Ins 1995 No 12, Sch 2 \\[17\\]. Rep 1998 No 141, Sch 2 \\[12\\].\n\n**pt 3, div 2:** Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 20:** Rep 1995 No 11, Sch 1.17 \\[17\\].\n\n**s 21:** Am 1995 No 11, Sch 1.17 \\[19\\] \\[20\\]. Rep 1998 No 141, Sch 2 \\[13\\].\n\n**s 22:** Am 1993 No 32, Sch 2; 1995 No 11, Sch 1.17 \\[21\\]–\\[24\\]. Subst 1998 No 141, Sch 2 \\[14\\].\n\n**pt 3, div 3, hdg:** Rep 1994 No 44, Sch 19. Ins 1995 No 12, Sch 2 \\[18\\]. Rep 2023 No 27, Sch 1.1\\[2\\].\n\n**pt 3, div 3:** Rep 1994 No 44, Sch 19. Ins 1995 No 12, Sch 2 \\[18\\].","sortOrder":9},{"sectionNumber":"pt.3-div","sectionType":"division","heading":null,"content":"## pt.3-div","sortOrder":10},{"sectionNumber":"23","sectionType":"section","heading":"Election by electors","content":"#### 23 Election by electors\n\n23 Election by electors\n\n> The Lord Mayor of Sydney is to be elected by the electors in accordance with section 282 (1) of the Principal Act.\n> \n> **s 23:** Rep 1994 No 44, Sch 19. Ins 1995 No 12, Sch 2 \\[18\\].","sortOrder":11},{"sectionNumber":"23A","sectionType":"section","heading":"Lord Mayor must also be candidate for election as councillor","content":"#### 23A Lord Mayor must also be candidate for election as councillor\n\n23A Lord Mayor must also be candidate for election as councillor\n\n> A person who is a candidate for election as the Lord Mayor of Sydney must also be a candidate for election as a councillor of the City of Sydney at the same time. Section 283 of the Principal Act applies accordingly.\n> \n> **s 23A:** Ins 1998 No 141, Sch 2 \\[15\\].","sortOrder":12},{"sectionNumber":"Division 4","sectionType":"division","heading":null,"content":"## Division 4\n\nDivision 4\n\n24–30 (Repealed)\n\n**pt 3, div 4:** Ins 1998 No 141, Sch 2 \\[16\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**s 24:** Rep 1994 No 44, Sch 19. Ins 1998 No 141, Sch 2 \\[16\\]. Rep 2023 No 27, Sch 1.1\\[1\\].\n\n**ss 25–30:** Rep 1994 No 44, Sch 19.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Planning in the City of Sydney","content":"# Part 4 Planning in the City of Sydney\n\nPart 4 Planning in the City of Sydney","sortOrder":14},{"sectionNumber":"31","sectionType":"section","heading":"Definitions","content":"#### 31 Definitions\n\n31 Definitions\n\n> In this Part—\n> \n> major development means development carried out or proposed to be carried out on land within or partly within the City of Sydney, being—\n> \n> > (a) development the estimated cost of which exceeds 50 million dollars, or\n> \n> > (b) development the subject of a development application which, if unconditional consent were to be granted to the application, would not comply with an environmental planning instrument that applies to the land concerned, or\n> \n> > (c) development the subject of a development application, or development of a specified class, that the Minister administering Part 4 of the Planning Act has requested the Planning Committee to deal with.\n> \n> TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> \n> **s 31:** Am 1997 No 79, Sch 2 \\[1\\]; 2006 No 123, Sch 2 \\[2\\]; 2018 No 18, Sch 2.1 \\[1\\].","sortOrder":16},{"sectionNumber":"32","sectionType":"section","heading":"Relationship of this Part and other provisions to Planning Act","content":"#### 32 Relationship of this Part and other provisions to Planning Act\n\n32 Relationship of this Part and other provisions to Planning Act\n\n> > (1) This Part, section 61 and Schedule 1 are to be construed with, and as if they formed part of, the Planning Act.\n> \n> > (2) This Act does not affect the application of any provision of the Planning Act except to such extent (if any) as is necessary to give effect to the provisions of this Act.\n> \n> > (3), (4) (Repealed)\n> \n> **s 32:** Am 1998 No 29, Sch 2.1; 1998 No 32, Sch 2.1; 2006 No 123, Sch 2 \\[3\\].","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Constitution of the Central Sydney Planning Committee","content":"## Division 2 Constitution of the Central Sydney Planning Committee\n\nDivision 2 Constitution of the Central Sydney Planning Committee","sortOrder":18},{"sectionNumber":"33","sectionType":"section","heading":"The Planning Committee","content":"#### 33 The Planning Committee\n\n33 The Planning Committee\n\n> > (1) There is constituted by this Act a committee of the City Council to be known as the Central Sydney Planning Committee.\n> \n> > (2) The Planning Committee has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (3) A function exercised by the Planning Committee shall be taken to have been exercised by the City Council.\n> \n> > (4) The Planning Committee is not subject to the control or direction of the City Council and the City Council has no power to affect (by amendment or revocation or otherwise) a decision of the Planning Committee.\n> \n> > (5) Any difference arising between the City Council and the Planning Committee may be dealt with under section 742 of the Principal Act as if it were a difference between councils.\n> \n> > (6) The Planning Committee is, by virtue of this subsection, a corporation.\n> \n> **s 33:** Am 1993 No 32, Sch 2.","sortOrder":19},{"sectionNumber":"34","sectionType":"section","heading":"Members of Planning Committee","content":"#### 34 Members of Planning Committee\n\n34 Members of Planning Committee\n\n> > (1) The Planning Committee is to consist of the following 7 members—\n> > \n> > > (a) the Lord Mayor of Sydney,\n> > \n> > > (b) 2 councillors of the City of Sydney elected by the City Council,\n> > \n> > > (c) 4 persons (2 of whom are senior State government employees and 2 of whom are not State or local government employees) appointed by the Minister administering Part 4 of the Planning Act, each having expertise in at least one of architecture, building, civic design, construction, engineering, transport, tourism, the arts, planning or heritage.\n> \n> > (2) The Minister administering Part 4 of the Planning Act is to obtain the concurrence of the Minister administering the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) before appointing a senior State government employee under subsection (1) (c) if the employee is appointed because of his or her expertise in architecture or civic design.\n> \n> > (3) At least one of the senior State government employees appointed under subsection (1) (c) must be either the Secretary of the Department of Planning and Environment or another Public Service senior executive (within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)) employed in the Department of Planning and Environment.\n> \n> **s 34:** Am 1993 No 32, Sch 2; 1997 No 79, Sch 2 \\[2\\]–\\[5\\]. Subst 2006 No 123, Sch 1 \\[4\\]. Am 2015 No 58, Sch 3.18 \\[1\\].","sortOrder":20},{"sectionNumber":"35","sectionType":"section","heading":"Provisions relating to members, procedure etc of the Planning Committee","content":"#### 35 Provisions relating to members, procedure etc of the Planning Committee\n\n35 Provisions relating to members, procedure etc of the Planning Committee\n\n> Schedule 1 has effect.","sortOrder":21},{"sectionNumber":"36","sectionType":"section","heading":"Access to records etc of City Council","content":"#### 36 Access to records etc of City Council\n\n36 Access to records etc of City Council\n\n> The Planning Committee is entitled—\n> \n> > (a) to have access to, and to make copies of and take extracts from, records of the City Council relevant to the exercise of its functions, and\n> \n> > (b) to the use of the staff and facilities of the City Council in order to exercise its functions.","sortOrder":22},{"sectionNumber":"37","sectionType":"section","heading":"Subcommittees","content":"#### 37 Subcommittees\n\n37 Subcommittees\n\n> > (1) The Planning Committee may establish subcommittees to assist it in connection with the exercise of any of its functions.\n> \n> > (2) It does not matter that any or all of the members of a subcommittee are not members of the Planning Committee.\n> \n> > (3) The procedure for the calling of meetings of a subcommittee and for the conduct of business at those meetings shall be as determined by the Planning Committee or (subject to any determination of the Planning Committee) by the subcommittee.","sortOrder":23},{"sectionNumber":"38","sectionType":"section","heading":"Delegation","content":"#### 38 Delegation\n\n38 Delegation\n\n> The Planning Committee may, with the approval of the Minister, delegate to a person any of its functions, other than this power of delegation.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Environmental planning functions of the Planning Committee","content":"## Division 3 Environmental planning functions of the Planning Committee\n\nDivision 3 Environmental planning functions of the Planning Committee","sortOrder":25},{"sectionNumber":"39","sectionType":"section","heading":"Planning Committee’s role in planning controls","content":"#### 39 Planning Committee’s role in planning controls\n\n39 Planning Committee’s role in planning controls\n\n> > (1) The City Council must not prepare a planning proposal or submit a planning proposal to be made unless the Planning Committee has approved of the planning proposal.\n> \n> > (2) The Planning Committee may require the City Council to prepare a planning proposal, or to submit a planning proposal to be made, to enable the carrying out of non-complying major development the subject of the requirement. The City Council must exercise such of the Council’s functions (including functions under the Planning Act) as may be necessary to cause the required planning proposal to be made or approved.\n> \n> > (3) In this section—\n> > \n> > non-complying major development means major development the subject of a development application which, if unconditional consent were to be granted to the application, would not comply with an environmental planning instrument that applies to land to which the application applies.\n> \n> **s 39:** Subst 1997 No 79, Sch 2 \\[6\\]. Am 2008 No 114, Sch 2.5.","sortOrder":26},{"sectionNumber":"40","sectionType":"section","heading":"Determination of major development applications","content":"#### 40 Determination of major development applications\n\n40 Determination of major development applications\n\n> > (1) The Planning Committee has and may exercise the functions of the City Council under Parts 4, 5, 6 and 8 of the Planning Act in relation to the carrying out of major development, to the exclusion of the City Council (subject to any delegation under this section).\n> \n> > (2) The Planning Committee may delegate to an authorised person or body the exercise of any of the Committee’s functions under subsection (1) with respect to a particular application for development consent or with respect to any class of applications for development consent. A delegation can be given subject to conditions. A delegation does not (despite section 38) require the approval of the Minister.\n> \n> > (3) The Planning Committee, or a delegate, must not exercise a function under this section that will result in the making of a decision that will have, or that might reasonably be expected to have, a significantly adverse financial impact on the City Council until after it has consulted with the City Council.\n> \n> > (4) In this section—\n> > \n> > authorised person or body means the City Council, the general manager, the Chairperson of the Planning Committee, or any subcommittee of the Planning Committee.\n> \n> **s 40:** Subst 1997 No 79, Sch 2 \\[7\\]. Am 2014 No 50, Sch 1 \\[15\\].","sortOrder":27},{"sectionNumber":"41","sectionType":"section","heading":"Consultation with Minister or public authority","content":"#### 41 Consultation with Minister or public authority\n\n41 Consultation with Minister or public authority\n\n> > (1) Where an environmental planning instrument which applies to land within the City of Sydney provides that a development application shall not be determined by the granting of consent without the consent, permission, approval or concurrence of a Minister or public authority (other than the City Council or TfNSW) to development specified in the instrument, the Planning Committee shall, in relation to an application to carry out major development, forward forthwith a copy of the application to that Minister or public authority (unless consent to the application is refused).\n> \n> > (2) Where development referred to in subsection (1) is designated development, the Planning Committee shall comply with the provisions of section 79C of the Planning Act and with the provisions of subsection (1) concurrently.\n> \n> **s 41:** Am 2006 No 123, Sch 2 \\[5\\] \\[6\\]; 2018 No 18, Sch 2.1 \\[2\\].","sortOrder":28},{"sectionNumber":"42","sectionType":"section","heading":"Minister or public authority may make representations","content":"#### 42 Minister or public authority may make representations\n\n42 Minister or public authority may make representations\n\n> > (1) A Minister or public authority (other than TfNSW) referred to in section 41 shall not grant or purport to grant a consent, permission, approval or concurrence so referred to but may, with respect to development the subject of a development application so referred to, make representations to the Planning Committee in relation to—\n> > \n> > > (a) any matter which would, but for section 41, have been relevant to the granting of the Minister’s or authority’s consent, permission, approval or concurrence, and\n> > \n> > > (b) the matters stated pursuant to section 30 (3) of the Planning Act and applicable in relation to the development application.\n> \n> > (2) The exercise or purported exercise of a function by a Minister or public authority in contravention of this section is of no effect.\n> \n> **s 42:** Am 2006 No 123, Sch 2 \\[7\\]; 2018 No 18, Sch 2.1 \\[2\\].","sortOrder":29},{"sectionNumber":"43","sectionType":"section","heading":"Representations to be taken into consideration","content":"#### 43 Representations to be taken into consideration\n\n43 Representations to be taken into consideration\n\n> > (1) Without limiting the generality of section 79C of the Planning Act, in determining a development application relating to the carrying out of major development, the Planning Committee shall take into consideration any representations made in relation to the development to which the development application relates in accordance with section 42 by a Minister or public authority within 40 days after a copy of the application was forwarded to that Minister or public authority.\n> \n> > (2) Subsection (1) does not prevent the Planning Committee from taking into consideration any such representation made after the expiry of the 40-day period but before the development application is determined.\n> \n> **s 43:** Am 2006 No 123, Sch 2 \\[8\\].","sortOrder":30},{"sectionNumber":"44","sectionType":"section","heading":"Validity of consents","content":"#### 44 Validity of consents\n\n44 Validity of consents\n\n> The failure of the Planning Committee to comply with sections 41–43 in relation to a development application does not invalidate or otherwise affect a development consent given by the Planning Committee with respect to the development to which the application relates.","sortOrder":31},{"sectionNumber":"45","sectionType":"section","heading":"Section 79B of the Planning Act not to apply","content":"#### 45 Section 79B of the Planning Act not to apply\n\n45 Section 79B of the Planning Act not to apply\n\n> Section 79B of the Planning Act does not apply to or in respect of major development except in respect of a requirement in an environmental planning instrument that consent not be granted to the development without the consent, permission, approval or concurrence of TfNSW.\n> \n> **s 45:** Subst 2006 No 123, Sch 2 \\[9\\]. Am 2018 No 18, Sch 2.1 \\[2\\].","sortOrder":32},{"sectionNumber":"46","sectionType":"section","heading":"Definition","content":"#### 46 Definition\n\n46 Definition\n\n> In this Division—\n> \n> authorisation means—\n> \n> > (a) a consent, permission, approval, concurrence, licence, permit or other authority of, or\n> \n> > (b) the exercise of a function by,\n> \n> a Minister or public authority (not being a court) other than under Division 3 or as prescribed by the regulations.","sortOrder":34},{"sectionNumber":"47","sectionType":"section","heading":"Nomination of authorisations by applicant","content":"#### 47 Nomination of authorisations by applicant\n\n47 Nomination of authorisations by applicant\n\n> An applicant for consent to carry out major development may nominate, in the development application, any authorisations the applicant requires in order to carry out the development in the manner proposed by the applicant.","sortOrder":35},{"sectionNumber":"48","sectionType":"section","heading":"Decision by the Planning Committee as to nomination","content":"#### 48 Decision by the Planning Committee as to nomination\n\n48 Decision by the Planning Committee as to nomination\n\n> > (1) On receipt of the application, the Planning Committee shall decide which (if any) of the authorisations the Planning Committee proposes to deal with under this Division.\n> \n> > (2) The Planning Committee shall notify the applicant as soon as practicable of its decision.","sortOrder":36},{"sectionNumber":"49","sectionType":"section","heading":"Decision by the Planning Committee to deal with an authorisation under this Division","content":"#### 49 Decision by the Planning Committee to deal with an authorisation under this Division\n\n49 Decision by the Planning Committee to deal with an authorisation under this Division\n\n> > (1) If the Planning Committee decides to deal with an authorisation under this Division, the Planning Committee shall—\n> > \n> > > (a) notify the Minister or public authority concerned of its decision,\n> > \n> > > (b) forward a copy of the development application to that Minister or public authority, and\n> > \n> > > (c) require that Minister or public authority to finally determine the matter requiring the authorisation within such time as the Planning Committee may specify having regard to any law (other than this Act) governing the granting of the authorisation or the exercise of the function comprising the authorisation.\n> \n> > (2) The Planning Committee may, before or after the expiration of the time specified under this section, extend that time from time to time.","sortOrder":37},{"sectionNumber":"50","sectionType":"section","heading":"Determination of matter by the Planning Committee","content":"#### 50 Determination of matter by the Planning Committee\n\n50 Determination of matter by the Planning Committee\n\n> > (1) If the Minister or public authority concerned has not finally determined the matter requiring the authorisation within the time (or the extended time) specified by the Planning Committee, the Planning Committee may give notice to that Minister or public authority of the manner in which and the conditions (if any) subject to which the Planning Committee proposes to determine that matter in accordance with this Division.\n> \n> > (2) If, within 14 days after receipt of a notice under this section, the Minister or public authority concerned has not finally determined the matter, the Planning Committee may determine the matter.\n> \n> > (3) The Planning Committee shall determine any matter under this section as if it were the Minister or public authority concerned and its determination shall have effect in all respects as if it were a determination of that Minister or public authority.\n> \n> > (4) The Planning Committee may exercise any function of the Minister or public authority concerned in order to give effect to its determination and the exercise of the function shall have effect in all respects as if it were exercised by that Minister or public authority.","sortOrder":38},{"sectionNumber":"51","sectionType":"section","heading":"Directions by the Minister","content":"#### 51 Directions by the Minister\n\n51 Directions by the Minister\n\n> The Minister may at any time direct the Planning Committee not to exercise a function under this Division in relation to such matters (if any) as the Minister may specify.","sortOrder":39},{"sectionNumber":"Part 4A","sectionType":"part","heading":null,"content":"# Part 4A\n\nPart 4A\n\n51A–52 (Repealed)\n\n**pt 4A:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**pt 4A, div 1:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51A:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51B:** Ins 2012 No 47, Sch 1 \\[6\\]. Am 2013 No 19, Sch 4.5 \\[2\\]; 2021 (487), Sch 7.1. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51C:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**pt 4A, div 2:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51D:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51E:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51F:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51G:** Ins 2012 No 47, Sch 1 \\[6\\]. Am 2015 No 58, Sch 3.18 \\[2\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51H:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51I:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51J:** Ins 2012 No 47, Sch 1 \\[6\\]. Am 2014 No 50, Sch 1 \\[15\\]; 2020 No 30, Sch 4.5\\[1\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**pt 4A, div 3:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51K:** Ins 2012 No 47, Sch 1 \\[6\\]. Am 2020 No 30, Sch 4.5\\[2\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51L:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51M:** Ins 2012 No 47, Sch 1 \\[6\\]. Am 2013 No 19, Sch 4.5 \\[3\\]; 2020 No 30, Sch 4.5\\[2\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51N:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51O:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51P:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 51Q:** Ins 2012 No 47, Sch 1 \\[6\\]. Rep 2023 No 27, Sch 1.2\\[7\\].\n\n**s 52:** Rep 1993 No 32, Sch 2.","sortOrder":40},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":41},{"sectionNumber":"52A","sectionType":"section","heading":"Amount of ordinary rate for year commencing 1 July 1995 and later years","content":"#### 52A Amount of ordinary rate for year commencing 1 July 1995 and later years\n\n52A Amount of ordinary rate for year commencing 1 July 1995 and later years\n\n> > (1) The City Council may resolve that the amount of the ordinary rate that is to be levied on a parcel of rateable land for the year commencing on 1 July 1995 or for any subsequent year is to be not more than a specified percentage higher than the amount of the ordinary rate levied on the same parcel of rateable land for the previous year.\n> \n> > (2) The specified percentage is to be stated in the City Council’s resolution and must be the percentage approved by the Minister for the relevant year. The Minister may approve a nil percentage.\n> \n> > (3) The City Council must levy the ordinary rate in accordance with its resolution.\n> \n> > (4) The City Council’s resolution does not apply to a parcel of rateable land that did not exist as that parcel of rateable land for the whole of the previous year (because, for example, it was exempt from rating for the whole or a part of that year or it is a lot in a subdivision created during that year).\n> \n> **s 52A:** Ins 1995 No 12, Sch 2 \\[19\\].","sortOrder":42},{"sectionNumber":"53","sectionType":"section","heading":null,"content":"#### 53\n\n53–56 (Repealed)","sortOrder":43},{"sectionNumber":"57","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 57 Savings, transitional and other provisions\n\n57 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":45},{"sectionNumber":"58","sectionType":"section","heading":"Regulations","content":"#### 58 Regulations\n\n58 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the form in which applications under Division 4 of Part 4 may be made,\n> > \n> > > (b) the fees to be lodged with applications,\n> > \n> > > (c) the determination of applications,\n> > \n> > > (d) the recording of determinations,\n> > \n> > > (e) the notification of the making of determinations,\n> > \n> > > (f) the giving of effect to determinations,\n> > \n> > > (g) the public availability of determinations.\n> > \n> > > (h), (i) (Repealed)\n> \n> **s 58:** Am 1993 No 32, Sch 2; 2014 No 50, Sch 1 \\[16\\]; 2023 No 27, Sch 1.1\\[3\\].","sortOrder":46},{"sectionNumber":"Part 6","sectionType":"part","heading":"Special environmental planning powers","content":"# Part 6 Special environmental planning powers\n\nPart 6 Special environmental planning powers\n\n**pt 6:** Ins 1997 No 79, Sch 1.","sortOrder":47},{"sectionNumber":"59","sectionType":"section","heading":"Rectification of landscape—uncompleted development","content":"#### 59 Rectification of landscape—uncompleted development\n\n59 Rectification of landscape—uncompleted development\n\n> > (1) This section applies if the City Council has adopted a local orders policy under Part 3 of Chapter 7 of the Principal Act that specifies the criteria that the City Council must take into consideration in determining whether or not to give an order in accordance with this section.\n> \n> > (2) Section 164 of the Principal Act does not apply to such a local orders policy.\n> \n> > (3) The City Council may order the owner or occupier of land to which the [Central Sydney Local Environmental Plan 1996](/view/html/repealed/current/epi-1996-0665) applies—\n> > \n> > > (a) on which uncompleted development exists, and\n> > \n> > > (b) on which no substantial work to complete the development has been carried out during the period of 18 months (determined consecutively or cumulatively) before the order is given,\n> > \n> > to do such things as are specified in the order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).\n> \n> > (4) An order may specify only one or more of the following—\n> > \n> > > (a) that the demolition of buildings be completed,\n> > \n> > > (b) that builder’s debris and rubble be removed,\n> > \n> > > (c) that a hoarding or other secure fencing be erected,\n> > \n> > > (d) that decorative panels be attached to hoardings and fences,\n> > \n> > > (e) that the land be landscaped,\n> > \n> > > (f) that landscaping items be maintained or, in the case of plants that are dead or damaged, be replaced,\n> > \n> > > (g) that lighting be installed,\n> > \n> > > (h) that such other things of an incidental nature as may be specified in the order be done,\n> > \n> > > (i) that such things as may have been agreed to by the person to whom the order is given be done.\n> \n> > (5) This section does not authorise the City Council to order the filling-in of an excavation or the installation of drainage works.\n> \n> > (6) An order under this section is taken to be an order under section 124 of the Principal Act.\n> \n> **s 59:** Ins 1997 No 79, Sch 1.","sortOrder":48},{"sectionNumber":"60","sectionType":"section","heading":"Rectification of landscape—agreements with owners","content":"#### 60 Rectification of landscape—agreements with owners\n\n60 Rectification of landscape—agreements with owners\n\n> > (1) The City Council or the Planning Committee may refuse to consider a development application for the development of land to which the [Central Sydney Local Environmental Plan 1996](/view/html/repealed/current/epi-1996-0665) applies and that is made by or with the consent of the owner of the land unless the owner enters into an agreement with the City Council under which the owner agrees to do such things as may be reasonably required in the agreement in order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).\n> \n> > (2) The City Council or the Planning Committee may, in the case of a development application for the development of land to which the [Central Sydney Local Environmental Plan 1996](/view/html/repealed/current/epi-1996-0665) applies that is made by the owner of the land, impose as a condition of development consent a requirement that the owner enter into an agreement with the City Council under which the owner agrees to do such things as may be reasonably required in the agreement in order to rectify the landscape of the land if the development, because of its uncompleted state, adversely affects the visual amenity of the City of Sydney (or a part of the City of Sydney).\n> \n> > (3) An agreement must comply with a policy approved by the Minister for the time being administering the Planning Act and adopted by the City Council.\n> \n> > (4) An agreement may make provision only for one or more of the following—\n> > \n> > > (a) that the demolition of buildings be completed,\n> > \n> > > (b) that builder’s debris and rubble be removed,\n> > \n> > > (c) that a hoarding or other secure fencing be erected,\n> > \n> > > (d) that decorative panels be attached to hoardings and fences,\n> > \n> > > (e) that the land be landscaped,\n> > \n> > > (f) that landscaping items be maintained or, in the case of plants that are dead or damaged, be replaced,\n> > \n> > > (g) that lighting be installed,\n> > \n> > > (h) that such other things of an incidental nature as may be specified in the agreement be done,\n> > \n> > > (i) that such things as may have been agreed to by the owner of the land be done.\n> \n> > (5) An agreement cannot require an owner to fill in an excavation or to install drainage works.\n> \n> > (6) An agreement binds a successor in title to the land.\n> \n> > (7) This section does not affect the power of the City Council or the Planning Committee to enter into any other agreement concerning the land or its development or to impose any other conditions of development consent.\n> \n> **s 60:** Ins 1997 No 79, Sch 1.","sortOrder":49},{"sectionNumber":"61","sectionType":"section","heading":"Development contributions","content":"#### 61 Development contributions\n\n61 Development contributions\n\n> > (1) Despite Part 4 of the Planning Act, a contributions plan prepared and approved under Division 6 of Part 4 of that Act in respect of the whole or any part of the land to which the [Central Sydney Local Environmental Plan 1996](/view/html/repealed/current/epi-1996-0665) applies may authorise the imposition of a condition that the applicant for development consent pay a levy to the City Council of 1% of the cost, as estimated by the consent authority, of the proposed development.\n> \n> > (2) Such a contributions plan cannot authorise the imposition of such a levy on so much of a proposed development as comprises residential accommodation (within the meaning of the [Accommodation Levy Act 1997](/view/html/repealed/current/act-1997-032)) within a place of accommodation to which the [Accommodation Levy Act 1997](/view/html/repealed/current/act-1997-032) applies.\n> \n> > (3) Such a contributions plan must specify the purposes for which any such levy is to be used. Any such levy must be used for the purposes so specified.\n> \n> > (4) A contributions plan prepared and approved as referred to in this section—\n> > \n> > > (a) is not subject to any direction of the Minister under Division 6 of Part 4 of the Planning Act, and\n> > \n> > > (b) does not have to comply with clause 26 of the Environmental Planning and Assessment Regulation 1994 (or any clause made in substitution for or by way of replacement of that clause).\n> \n> > (5) The City Council must not approve a contributions plan that contains a provision authorised by this section unless it has first obtained the concurrence of the Minister administering Part 4 of the Planning Act.\n> \n> > (6) If the [Central Sydney Local Environmental Plan 1996](/view/html/repealed/current/epi-1996-0665) is replaced by another environmental planning instrument, this section continues to apply to the land to which that Plan applied immediately before its repeal.\n> \n> > (7) A condition authorised by this section is not affected by the enactment of the [Environmental Planning and Assessment Amendment (Development Contributions) Act 2005](/view/html/repealed/current/act-2005-019). However, this section ceases to apply if a contributions plan is prepared and approved under Division 6 of Part 4 of the Planning Act (as amended by that Act) that authorises the imposition of a levy under section 94A of the Planning Act in relation to the land to which this section applies.\n> \n> Note—\n> \n> Section 32 (1) provides that this section is to be construed with, and as if it formed part of, the Planning Act.\n> \n> **s 61:** Ins 1997 No 79, Sch 1. Am 2005 No 19, Sch 2.1 \\[1\\]–\\[3\\]; 2006 No 123, Sch 2 \\[10\\].","sortOrder":50},{"sectionNumber":"62","sectionType":"section","heading":"Waiver of tendering requirements—conditional donations to public space improvement projects","content":"#### 62 Waiver of tendering requirements—conditional donations to public space improvement projects\n\n62 Waiver of tendering requirements—conditional donations to public space improvement projects\n\n> If—\n> \n> > (a) a person makes a donation, subject to conditions, to carry out a public space improvement project of the City Council, and\n> \n> > (b) in order to give effect to such a condition, the City Council enters into a contract with the person or another person to carry out the project, or a part of the project,\n> \n> section 55 of the Principal Act does not apply to the contract.\n> \n> **s 62:** Ins 1997 No 79, Sch 1.","sortOrder":51},{"sectionNumber":"63","sectionType":"section","heading":"Donations to public space improvement projects","content":"#### 63 Donations to public space improvement projects\n\n63 Donations to public space improvement projects\n\n> > (1) The City Council must include in any publication that advertises, promotes or disseminates information concerning a public space improvement project a statement to the effect that the acceptance of a donation will not limit or affect the exercise by the City Council of any of its functions, except as provided by section 62.\n> \n> > (2) The City Council must table a statement at the meeting of the City Council that next follows the making of a donation to a public space improvement project, being a statement that includes the following—\n> > \n> > > (a) the name of the person making the donation,\n> > \n> > > (b) the nature of the donation,\n> > \n> > > (c) any conditions to which the donation was subject.\n> \n> > (3) The City Council must include in its annual report under section 428 of the Principal Act—\n> > \n> > > (a) a summary of donations made during the year to which the report relates to public space improvement projects, and\n> > \n> > > (b) a list of the public space improvement projects undertaken during that year.\n> \n> **s 63:** Ins 1997 No 79, Sch 1.","sortOrder":52},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"The Planning Committee","content":"# Schedule 1 The Planning Committee\n\nSchedule 1 The Planning Committee\n\n(Section 35)\n\n**sch 1:** Am 1993 No 32, Sch 2; 1995 No 11, Sch 1.17 \\[25\\]–\\[30\\]; 1997 No 79, Sch 2 \\[8\\]–\\[15\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2006 No 123, Sch 2 \\[11\\]–\\[17\\]; 2014 No 50, Sch 1 \\[15\\] \\[17\\].","sortOrder":53},{"sectionNumber":"3A","sectionType":"section","heading":"Deputy Chairperson","content":"#### 3A Deputy Chairperson\n\n3A Deputy Chairperson\n\n> > (1) The members of the Planning Committee are to elect a person from among their number to be the Deputy Chairperson of the Planning Committee.\n> \n> > (2) The person may be elected for the duration of the person’s term of office as a member or for a shorter term.","sortOrder":58},{"sectionNumber":"5","sectionType":"section","heading":"Term of office of appointed member","content":"#### 5 Term of office of appointed member\n\n5 Term of office of appointed member\n\n> Subject to this Schedule, an appointed member shall hold office for such period (not exceeding 5 years) as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.","sortOrder":60},{"sectionNumber":"6","sectionType":"section","heading":"Remuneration of appointed member or alternate member","content":"#### 6 Remuneration of appointed member or alternate member\n\n6 Remuneration of appointed member or alternate member\n\n> > (1) An appointed member, or alternate, is entitled to be paid from the consolidated fund of the City Council such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member or alternate.\n> \n> > (2) Remuneration under this clause is not to be paid to an appointed member, or alternate, who is a State government employee.","sortOrder":61},{"sectionNumber":"7","sectionType":"section","heading":"Extraordinary vacancy in office of elected member","content":"#### 7 Extraordinary vacancy in office of elected member\n\n7 Extraordinary vacancy in office of elected member\n\n> An extraordinary vacancy occurs in the office of an elected member if—\n> \n> > (a) a casual vacancy occurs under the Principal Act in the civic office of the member, or\n> \n> > (b) the member resigns the office by instrument in writing addressed to the City Council.","sortOrder":62},{"sectionNumber":"8","sectionType":"section","heading":"Vacancy in office of appointed member","content":"#### 8 Vacancy in office of appointed member\n\n8 Vacancy in office of appointed member\n\n> > (1) The office of an appointed member becomes vacant if the member—\n> > \n> > > (a) dies,\n> > \n> > > (b) completes a term of office and is not re-appointed,\n> > \n> > > (c) resigns the office by instrument in writing addressed to the Minister,\n> > \n> > > (d) is removed from office by the Minister under this clause,\n> > \n> > > (e) is absent from 4 consecutive meetings of the Planning Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for having been absent from those meetings,\n> > \n> > > (f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,\n> > \n> > > (g) becomes a mentally incapacitated person, or\n> > \n> > > (h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.\n> \n> > (2) The Minister may remove an appointed member from office at any time.","sortOrder":63},{"sectionNumber":"9","sectionType":"section","heading":"Filling of vacancy in office of appointed member","content":"#### 9 Filling of vacancy in office of appointed member\n\n9 Filling of vacancy in office of appointed member\n\n> If the office of an appointed member becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.","sortOrder":64},{"sectionNumber":"10","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 10 Disclosure of pecuniary interests\n\n10 Disclosure of pecuniary interests\n\n> > (1) Chapter 14 (Part 1 excepted) of the Principal Act applies to and in respect of—\n> > \n> > > (a) a member of the Planning Committee in the same way as it applies to and in respect of a councillor, and\n> > \n> > > (b) a member of a subcommittee of the Planning Committee in the same way as it applies to and in respect of a member of a council committee, and\n> > \n> > > (c) a meeting of the Planning Committee in the same way as it applies to and in respect of a meeting of a council, and\n> > \n> > > (d) a meeting of a subcommittee of the Planning Committee in the same way as it applies to and in respect of a meeting of a council committee.\n> \n> > (2) The Planning Committee shall cause particulars of any disclosure made pursuant to this clause to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to inspection by any person on payment of such fee as may be determined by the Planning Committee from time to time.","sortOrder":65},{"sectionNumber":"11","sectionType":"section","heading":"Liability of members etc","content":"#### 11 Liability of members etc\n\n11 Liability of members etc\n\n> No matter or thing done by the Planning Committee, any member or any person acting under the direction of the Planning Committee shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject the member or person so acting personally to any action, liability, claim or demand.","sortOrder":66},{"sectionNumber":"12","sectionType":"section","heading":"General procedure","content":"#### 12 General procedure\n\n12 General procedure\n\n> The procedure for the calling of meetings of the Planning Committee and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Planning Committee.","sortOrder":68},{"sectionNumber":"13","sectionType":"section","heading":"Quorum","content":"#### 13 Quorum\n\n13 Quorum\n\n> The quorum for a meeting of the Planning Committee is 4 members.","sortOrder":69},{"sectionNumber":"14","sectionType":"section","heading":"Presiding member","content":"#### 14 Presiding member\n\n14 Presiding member\n\n> > (1) The Chairperson of the Planning Committee or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both the Chairperson and the Deputy Chairperson, another member elected to chair the meeting by the members present shall preside at a meeting of the Planning Committee.\n> \n> > (2) The person presiding at any meeting of the Planning Committee has a deliberative vote and, in the event of an equality of votes, a casting vote.\n> \n> > (3) An alternate member for the Chairperson or Deputy Chairperson shall not preside at a meeting of the Planning Committee unless elected in accordance with this clause.","sortOrder":70},{"sectionNumber":"15","sectionType":"section","heading":"Voting","content":"#### 15 Voting\n\n15 Voting\n\n> A decision supported by a majority of the votes cast at a meeting of the Planning Committee at which a quorum is present is the decision of the Planning Committee.","sortOrder":71},{"sectionNumber":"15A","sectionType":"section","heading":"Inclusion of items in agenda for meeting","content":"#### 15A Inclusion of items in agenda for meeting\n\n15A Inclusion of items in agenda for meeting\n\n> Any 2 members of the Planning Committee may notify the Chairperson of a matter or topic to be included in the agenda for a meeting of the Committee and the Chairperson is to ensure that the matter or topic is included in the agenda.","sortOrder":72},{"sectionNumber":"16","sectionType":"section","heading":"Application of Local Government Act 1993 to meetings","content":"#### 16 Application of Local Government Act 1993 to meetings\n\n16 Application of [Local Government Act 1993](/view/html/inforce/current/act-1993-030) to meetings\n\n> The following provisions apply to and in respect of the members of the Planning Committee in the same way as they apply to and in respect of councillors of a council, except in so far as provision is otherwise made by or under this Act—\n> \n> > (a) Part 1 of Chapter 4 and Division 2 of Part 2 of Chapter 12 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> \n> > (b) the regulations made under that Act (but only in so far as those regulations apply to the conduct of council meetings and the conduct of councillors in respect of such meetings).","sortOrder":73},{"sectionNumber":"17","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 17 Proof of certain matters not required\n\n17 Proof of certain matters not required\n\n> In any legal proceedings, proof is not required (until evidence is given to the contrary) of—\n> \n> > (a) the constitution of the Planning Committee, or\n> \n> > (b) any resolution of the Planning Committee, or\n> \n> > (c) the appointment of, or the holding of office by, any member of the Planning Committee, or\n> \n> > (d) the presence of a quorum at any meeting of the Planning Committee.","sortOrder":75},{"sectionNumber":"18","sectionType":"section","heading":"Authentication of documents","content":"#### 18 Authentication of documents\n\n18 Authentication of documents\n\n> A document requiring authentication by the Planning Committee may be sufficiently authenticated if signed by the Chairperson of the Planning Committee or the general manager.","sortOrder":76},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 1997 No 147, Sch 4. Rep 1999 No 85, Sch 4. Ins 2012 No 47, Sch 1 \\[7\\]. Am 2015 No 58, Sch 3.18 \\[2\\] \\[3\\]. Rep 2023 No 27, Sch 1.2\\[8\\].","sortOrder":77},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 57)\n\n**sch 3:** Am 1995 No 11, Sch 1.17 \\[31\\]; 1997 No 79, Sch 2 \\[16\\]–\\[18\\]; 1997 No 147, Sch 4; 1998 No 141, Sch 2 \\[17\\]; 2003 No 7, Sch 1 \\[3\\]; 2006 No 123, Sch 2 \\[18\\] \\[19\\]; 2023 No 27, Sch 1.3.","sortOrder":78},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":92},{"sectionNumber":"22","sectionType":"section","heading":"Application of statutory instruments","content":"#### 22 Application of statutory instruments\n\n22 Application of statutory instruments\n\n> A statutory instrument that applied to the City of Sydney, as constituted immediately before the commencement of Part 2 of this Act, shall (subject to this Act) continue, on and after that commencement, to apply to the City of Sydney and the City of South Sydney, as constituted by this Act, until varied, amended or repealed.","sortOrder":93},{"sectionNumber":"25","sectionType":"section","heading":"Effect of proclamations under sec 21 (1) of the Principal Act","content":"#### 25 Effect of proclamations under sec 21 (1) of the Principal Act\n\n25 Effect of proclamations under sec 21 (1) of the Principal Act\n\n> > (1) Without limiting section 21 (1) of the Principal Act, a proclamation under that subsection may provide—\n> > \n> > > (a) that specified provisions of the Principal Act or the ordinances made under that Act apply or do not apply to or in relation to any matter or thing authorised or required to be done under this Act, and\n> > \n> > > (b) where specified provisions of that Act or those ordinances are applied under paragraph (a), that they so apply with specified modifications by way of omission from, addition to or partial substitution for those provisions, and\n> > \n> > > (c) whether or not specified provisions of that Act or those ordinances are applied under paragraph (a), that specified provisions additional to those of the Principal Act and the ordinances made under that Act apply to or in relation to any matter or thing authorised or required to be done under this Act.\n> \n> > (2) A provision of a proclamation referred to in this section may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.","sortOrder":95},{"sectionNumber":"26","sectionType":"section","heading":"Draft local environmental plans","content":"#### 26 Draft local environmental plans\n\n26 Draft local environmental plans\n\n> Section 39 applies to a draft local environmental plan in course of preparation by the City Council immediately before the commencement of that section.","sortOrder":96},{"sectionNumber":"27","sectionType":"section","heading":"Development applications","content":"#### 27 Development applications\n\n27 Development applications\n\n> Section 40 applies to a development application for consent to carry out major development which has not been finally determined by the City Council immediately before the commencement of that section.","sortOrder":97},{"sectionNumber":"28","sectionType":"section","heading":"Validation","content":"#### 28 Validation\n\n28 Validation\n\n> Anything done or omitted (including anything done or omitted under the Principal Act) before the commencement of a provision of this Act which would have been valid if that provision of this Act had been in force when the thing was done or omitted is validated.","sortOrder":98},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 Regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—\n> > \n> > > this Act\n> > \n> > > [City of Sydney Amendment Act 1997](/view/pdf/asmade/act-1997-79)\n> > \n> > > [Local Government Legislation Amendment (Elections) Act 1998](/view/pdf/asmade/act-1998-141)\n> > \n> > > [Environmental Planning Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-123) (but only to the extent that it amends this Act)\n> \n> > (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":99},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on enactment of City of Sydney Amendment Act 1997","content":"# Part 8 Provisions consequent on enactment of City of Sydney Amendment Act 1997\n\nPart 8 Provisions consequent on enactment of [City of Sydney Amendment Act 1997](/view/pdf/asmade/act-1997-79)","sortOrder":100},{"sectionNumber":"30","sectionType":"section","heading":"Review of amendments","content":"#### 30 Review of amendments\n\n30 Review of amendments\n\n> > (1) The Minister is to review the amendments made to this Act by the [City of Sydney Amendment Act 1997](/view/pdf/asmade/act-1997-79) to determine whether the policy objectives of the [City of Sydney Amendment Act 1997](/view/pdf/asmade/act-1997-79) remain valid and whether the terms of the amendments made by that Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the [City of Sydney Amendment Act 1997](/view/pdf/asmade/act-1997-79).\n> \n> > (3) A report on the outcome of the review is to be tabled in each House Of Parliament within 12 months after the end of the period of 5 years.","sortOrder":101},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provision consequent on enactment of City of Sydney Amendment (Electoral Rolls) Act 2003","content":"# Part 9 Provision consequent on enactment of City of Sydney Amendment (Electoral Rolls) Act 2003\n\nPart 9 Provision consequent on enactment of [City of Sydney Amendment (Electoral Rolls) Act 2003](/view/html/repealed/current/act-2003-007)","sortOrder":102},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on enactment of Environmental Planning Legislation Amendment Act 2006","content":"# Part 10 Provisions consequent on enactment of Environmental Planning Legislation Amendment Act 2006\n\nPart 10 Provisions consequent on enactment of [Environmental Planning Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-123)","sortOrder":104},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provision consequent on enactment of City of Sydney Amendment Act 2023","content":"# Part 11 Provision consequent on enactment of City of Sydney Amendment Act 2023\n\nPart 11 Provision consequent on enactment of [City of Sydney Amendment Act 2023](/view/pdf/asmade/act-2023-27)","sortOrder":108}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on the amendment history visible in the metadata, the Act has been substantially amended across 15+ versions between 2000 and 2023. This strongly suggests the scope has evolved considerably from its original 1988 form — likely expanding or adjusting council structure, electoral arrangements, and rating provisions in response to Sydney's growth as a major global city. However, the full substantive text was not provided, so a precise assessment of scope drift cannot be made with certainty."},"complexity_factors":["The document provided is metadata and status information only — the actual substantive provisions of the Act are not included, limiting full analysis","The Act has been amended at least 15 times since 1988, creating a complex amendment history that affects how current provisions interact with earlier versions","It operates alongside the general Local Government Act 1993, requiring readers to understand how two overlapping legal frameworks interact","Special local government legislation for a major CBD creates unique governance rules not applicable elsewhere in NSW","Long legislative lifespan (1988 to present) means accumulated complexity from decades of incremental changes"],"plain_english_summary":"## City of Sydney Act 1988\n\n**What is this?**\nThis is a NSW state law that establishes and governs the **City of Sydney** as a distinct local government area with its own special legal status, separate from the general local government framework that applies to other NSW councils.\n\n**Who does it affect?**\n- Residents, property owners, and businesses within the City of Sydney local government area\n- The City of Sydney Council itself and its elected councillors\n- Anyone who pays rates (property taxes) to the City of Sydney Council\n- Developers and investors operating within the city boundaries\n\n**Why does it matter?**\nBecause Sydney's CBD is Australia's most commercially significant urban centre, it gets its own dedicated legislation rather than being governed solely by the general *Local Government Act 1993*. This Act sets out special rules tailored to the unique character of the city — including how council elections work, how properties are rated (taxed by the council), and how the council is structured and governed.\n\n**Key things to know:**\n- The Act has been **amended many times** since 1988 — there have been over 15 significant updates, meaning the rules have evolved substantially over the decades\n- It sits under the responsibility of the **NSW Minister for Local Government**\n- One notable historical change: the spelling of 'rateable' (as in, property subject to council rates/taxes) was standardised across the whole Act in 2003 — a small but telling sign of how even technical details are carefully managed in this legislation\n\n**Bottom line:** If you live, work, own property, or run a business in the City of Sydney, this Act shapes how your local council operates, how council elections are run, and how council rates on your property are calculated."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has shifted from a purely municipal governance statute toward a hybrid local–state planning regime for the City of Sydney. The text now establishes a state‑influenced Planning Committee with exclusive authority over defined \"major development\" matters (s 31, s 40), includes specific levies and procurement exceptions (s 61; s 62), and contains multiple transitional and amendment notes indicating substantive changes over time (see amendment/repeal annotations throughout and sch 3). The amendments and repeals recorded in the Act and schedules (including later insertion and repeal of parts, and Part 11 provisions applying ordinary election laws to council elections) show that the original arrangements have been altered by later legislation and transitional provisions (s 3; Part 11 cl 35)."},"complexity_factors":["Extensive cross-references to the Principal Act (Local Government Act 1993) and the Planning Act (Environmental Planning and Assessment Act 1979) requiring construction as if parts formed one instrument (s 3, s 32).","Multiple delegation paths and layers of discretion: State minister appointments and directions, Committee delegations to authorised persons or subcommittees, and differing approval requirements for delegations (ss 34, 38, 40, 51).","Numerous procedural timelines and conditional steps when other Ministers/public authorities must be consulted or may be overridden by the Committee (ss 41–43, 49–50).","Hybrid decision‑making body: a corporate Planning Committee mixing elected local members and State appointees with independent status from the City Council (ss 33–34; sch 1), which changes accountability and administrative interfaces.","Special regimes layered into general planning law: specific definitions of \"major development\", bespoke contributions levy rules, and landscape rectification powers that operate alongside the Planning Act (s 31, s 61, ss 59–60).","Multiple repeals, amendments and transitional arrangements recorded in the text and schedules, increasing interpretive complexity (numerous \"Rep\" and \"Am\" notes throughout and sch 3 transitional clauses).","Procurement exception for conditional donations combined with disclosure and reporting obligations creates a narrow but significant deviation from ordinary tendering rules (ss 62–63).","Detailed procedural and evidence rules for Committee meetings and member conduct (quorum, voting, pecuniary disclosure, authentication) contained in Schedule 1 and applied with some differences from council practice (sch 1 cl 10–16)."],"plain_english_summary":"What this law does, in plain language\n\n- Creates a Central Sydney Planning Committee (the Planning Committee) with specific membership and powers (s 33–35, sch 1). The Committee has seven members: the Lord Mayor, two councillors elected by the City Council, and four state-appointed experts, at least two of whom are senior State government employees (s 34). The Lord Mayor chairs the Committee (sch 1 cl 3). The Committee is a separate corporate body and is not subject to the control or direction of the City Council on its decisions (s 33(3)–(6)).\n\n- Gives the Planning Committee direct authority to handle \"major development\" planning matters instead of the City Council. \"Major development\" is defined by cost, non-compliance with planning rules, or referral by the State minister (s 31, s 40(1)). The Committee can exercise the City Council’s functions under Parts 4, 5, 6 and 8 of the Environmental Planning and Assessment Act 1979 in relation to major development (s 40(1)–(2)). The Committee may delegate some of those functions to authorised persons or bodies (s 40(2)).\n\n- Regulates consultation and decision steps when State Ministers or public authorities would otherwise have to grant approvals. When an environmental planning instrument requires a Minister or public authority’s consent for development, the Committee must forward the major-development application to them and consider any representations they make within a set period (ss 41–43). The Committee can itself determine authorisations if a Minister or public authority does not decide within time limits (ss 47–50). The Minister may direct the Committee not to use that power (s 51).\n\n- Requires procedural and transparency measures for donations and conditional contracts for public-space projects. If a person makes a donation subject to conditions and the Council contracts to give effect to those conditions, the usual tendering rule in the Principal Act (s 55) does not apply to that contract (s 62). The Council must disclose donations publicly and report them in its annual report (s 63).\n\n- Enables the City Council, via an approved contributions plan, to impose a 1% levy on the estimated cost of some developments within the Central Sydney planning area, subject to conditions and ministerial concurrence (s 61).\n\n- Gives the City Council powers to require rectification or enter agreements to rectify the landscape where uncompleted development adversely affects visual amenity in the Central Sydney plan area (ss 59–60). Orders and agreements can require demolition completion, removal of debris, erection of hoardings, landscaping, lighting and related measures (ss 59(4), 60(4)).\n\n- Sets options for rate-setting: the Council may resolve to limit increases in the ordinary rate for a parcel to a Minister-approved percentage for a year (s 52A).\n\n- Provides law-making powers for regulations to prescribe application forms, fees, decision recording, public availability and related matters (s 58).\n\n- Contains transitional, savings and consequential provisions for staff transfers, asset division with the City of South Sydney and other historic restructuring measures (sch 3, esp. cl 4–9; sch 3 Part 3–7). These clauses specify who pays or receives money in transfer scenarios and that transferred employees retain not-less-favourable terms (sch 3 cl 4–6).\n\nWho this affects and who decides\n\n- Applicants for major development in the City of Sydney: their development applications for defined \"major development\" will be determined by the Planning Committee rather than by the City Council (s 31, s 40(1)). Applicants must be able to nominate other authorisations they need (s 47) and may face a 1% levy if a contributions plan so authorises (s 61(1)).\n\n- City Council and its staff: the Committee can require the Council to prepare planning proposals (s 39(1)–(2)); the Committee may access Council records and use Council staff and facilities to exercise its functions (s 36). The Council must follow its own resolution on rate caps when that resolution is within the Minister-approved percentage (s 52A).\n\n- State Ministers and public authorities: they receive copies of major-development applications when their consent would otherwise be required (s 41) and may make representations but, in most cases, cannot themselves grant those consents in place of the Committee (s 42). The Minister can appoint, remove and give directions about members, and may direct the Committee not to exercise certain powers under Division 4 (ss 34, 51; sch 1 cl 8).\n\n- Donors and contractors engaged in public-space improvement projects: if a donor conditions a donation and the Council contracts to satisfy that condition, the Council may proceed without the usual tendering step; the Council must disclose the donation and related details (ss 62–63).\n\nMechanics, incentives, compliance burdens and discretion (text‑based observations)\n\n- Centralisation of major-development decisions: the Act transfers decision-making power for major development from the City Council to the Planning Committee (s 40(1)). That changes who decides at the approval stage and therefore alters the point at which applicants must satisfy decision-makers.\n\n- State appointment and oversight: four of seven Committee members are appointed by the State Minister; at least one appointee must be a senior Department of Planning executive (s 34(1)(c), (3)). The Minister must concur in some appointments and may remove appointed members (s 34(2); sch 1 cl 8). The Minister may also direct the Committee not to use Division 4 powers (s 51). These are explicit points of executive discretion.\n\n- Delegation and administrative routes: the Committee may delegate functions to the Council, the general manager, its Chairperson or subcommittees (s 40(2); s 38). A delegation to exercise development‑consent functions can be conditional and does not require Minister approval (s 40(2)). This creates multiple administrative pathways for how decisions are taken and who implements them.\n\n- Compliance steps and timelines for other authorisations: applicants may nominate required authorisations in their development application (s 47). The Committee decides which authorisations it will deal with (s 48) and must notify the applicant (s 48(2)). If a Minister or public authority does not decide within a Committee‑specified timeframe, the Committee can notify that authority of its intended determination and, after 14 days, determine the matter itself (ss 49–50). These provisions create procedural timelines that can shift decision responsibility to the Committee.\n\n- Financial impositions and who pays: an applicant may be required to pay a 1% levy under a contributions plan valid for the Central Sydney area (s 61(1)). The City Council may be required to make payments to a successor council in transitional arrangements (sch 3 cl 4, cl 7(2)(a)). Owners may need to enter agreements or comply with orders to rectify landscape, which places costs and obligations on owners or occupiers (ss 59–60).\n\n- Tendering and procurement exceptions: the Principal Act tendering rule (s 55 of Principal Act) is displaced where a donation carries conditions and the Council enters into a contract to meet them (s 62). That creates a specific procurement exception tied to conditional donations and requires disclosure obligations under s 63.\n\n- Transparency and record access: the Committee can access and copy Council records and use Council staff (s 36). The Council must publish donor information and list projects in its annual report (s 63). The Planning Committee must keep a disclosure book for pecuniary interests and make it available for inspection (sch 1 cl 10(2)).\n\nTrade‑offs, burdens and implementation risks (as framed by the Act’s mechanisms)\n\n- The Act shifts certain decision power from the elected City Council to a mixed committee with state appointees (s 33–34, s 40). That change reallocates who makes approvals for major projects and therefore shifts the institutional incentives and accountability chain (text: s 33(3)–(4); s 34).\n\n- Applicants face procedural complexity: nomination of authorisations, possible forwarding to multiple public authorities, and time-limited windows for representations (ss 41–43, 47–50) create administrative steps that applicants must navigate.\n\n- The donations-to-projects mechanism offers a route to avoid competitive tendering for projects tied to conditional donations, but it also imposes public disclosure and reporting requirements on the Council (ss 62–63). The Act therefore creates a pathway that may simplify contracting in some cases while increasing transparency obligations.\n\n- Ministerial discretion and multiple delegation routes create implementation choices for the State and Committee—some delegations require Minister approval (s 38), some do not (s 40(2)), and the Minister may give directions limiting Committee powers (s 51). Those provisions allocate significant discretion to the Minister and the Committee.\n\nKey cross-references and construction rules\n\n- This Act is to be construed with, and as if it formed part of, the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979 as specified in particular parts (s 3; s 32(1)). In an inconsistency between this Act and the Principal Act, this Act prevails to the extent of inconsistency (s 3(3)).\n\n- Many transitional and savings provisions are contained in Schedule 3 and other schedule clauses that govern staff transfers, asset divisions and application of existing instruments (sch 3 cl 4–9; sch 3 cl 22–29). Those clauses specify who pays and who inherits liabilities in the restructuring scenarios.\n\nImportant sections cited: s 31 (definitions), ss 33–36 (constitution, powers, access), ss 39–45 (planning roles and procedure for major development), ss 46–51 (other authorisations/Division 4), s 51 (Minister directions), s 52A (rate percentage control), s 58 (regulations), ss 59–61 (rectification, agreements, contributions), ss 62–63 (donations and disclosure), sch 1 (procedure and membership rules for the Planning Committee), sch 3 (savings and transitional provisions)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has significantly contracted in scope over time. Originally enacted in 1988 to facilitate the division of the City of Sydney into two councils (Sydney and South Sydney), it contained extensive provisions about electoral systems, staff transfers, asset divisions, and transitional arrangements. Most of these have been repealed, particularly by the City of Sydney Amendment Act 2023 which removed the special electoral roll provisions (Part 3, Divisions 1-2) and the Central Sydney Traffic and Transport Committee (Part 4A). The Act has narrowed to focus primarily on: (1) the Central Sydney Planning Committee's role in major developments, and (2) the requirement that Lord Mayoral candidates also run for council. What began as a comprehensive statute for council restructuring is now essentially a specialist planning and governance overlay for Sydney's CBD."},"complexity_factors":["Extensive repealed provisions: Large portions of the Act (Parts 2, 3 Divisions 1-2, Part 4A, Schedule 2) have been repealed, leaving a fragmented structure with many historical amendment notes","Nested legislative relationships: The Act must be read alongside the Local Government Act 1993 ('Principal Act') and the Environmental Planning and Assessment Act 1979 ('Planning Act'), with complex precedence rules (section 3, section 32)","Multiple overlapping definitions: Terms defined in this Act interact with definitions in the Interpretation Act 1987 and the two principal Acts it references","Conditional logic in major development assessment: Section 40 contains nested conditions about when the Planning Committee must consult with the City Council regarding financial impacts","Complex membership rules for Planning Committee: Section 34 and Schedule 1 contain detailed eligibility requirements, appointment processes, and vacancy procedures with multiple categories of members (elected, appointed, alternates)","Sunset and transitional provisions: Schedule 3 contains 11 Parts of transitional provisions spanning from 1988 to 2023, many dealing with now-completed administrative actions (council splits, staff transfers)","Delegated authority with restrictions: Section 38 allows delegation but requires Ministerial approval; section 40(2) creates an exception where Ministerial approval is not required for certain delegations"],"plain_english_summary":"**What this legislation does:**\n\nThis Act creates special rules for how Australia's biggest city, Sydney, is governed and planned. It sits alongside the main Local Government Act 1993 (which governs all NSW councils) and gives Sydney unique powers and structures that other councils don't have.\n\n**Key things it covers:**\n\n*   **The Lord Mayor:** The Act requires that anyone running for Lord Mayor must also run to be a regular councillor at the same time (section 23A). The Lord Mayor is elected directly by voters, not just by other councillors.\n\n*   **The Central Sydney Planning Committee:** This is a powerful independent body that makes decisions about major developments in Sydney's CBD. It has 7 members: the Lord Mayor, 2 elected councillors, and 4 experts appointed by the State Government (section 34). Crucially, this Committee operates independently of the City Council—the Council cannot overrule its decisions (section 33).\n\n*   **What counts as \"major development\":** The Committee handles big projects—those costing over $50 million, or projects that don't comply with normal planning rules, or projects the Planning Minister specifically asks them to review (section 31).\n\n*   **Special planning powers:** The Act gives the Council and Committee unique tools to deal with eyesores—like forcing owners to clean up half-finished building sites (sections 59-60), and allows a special 1% levy on major developments to fund public improvements (section 61).\n\n*   **Rate capping:** The Council can only increase ordinary rates by a percentage approved by the Minister each year (section 52A).\n\n*   **Historical transitional arrangements:** Large parts of the Act (Schedules 2 and 3) dealt with the 1988 split of the City of Sydney into two councils (creating South Sydney), including transferring staff and assets. Most of these provisions have now been repealed or spent.\n\n**Who it affects:**\n\n*   Residents and businesses in the City of Sydney\n*   Property developers building in Sydney's CBD\n*   The Lord Mayor and City Councillors\n*   State Government planning officials\n\n**Why it matters:**\n\nSydney is Australia's financial and cultural capital, so its planning decisions have national significance. This Act ensures that major developments get extra scrutiny from independent experts, not just local politicians, while still maintaining democratic representation through the Lord Mayor and elected councillors on the Committee. It balances local democracy with State Government oversight of critical infrastructure and urban design."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-sydney-act-1988","history":"/api/acts/city-of-sydney-act-1988/history","analysis":"/api/acts/city-of-sydney-act-1988/analysis","conflicts":"/api/acts/city-of-sydney-act-1988/conflicts","importantCases":"/api/acts/city-of-sydney-act-1988/important-cases","documents":"/api/acts/city-of-sydney-act-1988/documents"}}