{"id":"nsw:sl-2018-0511","name":"Regional Development Regulation 2018","slug":"regional-development-regulation-2018","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"511 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176674,"registerId":"nsw-nsw:sl-2018-0511-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Regional Development Regulation 2018](/view/html/inforce/current/sl-2018-0511).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Regional Development Regulation 2012](/view/html/repealed/current/sl-2012-0411), which would otherwise be repealed on 1 September 2018 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > Advisory Council—see section 4A.\n> > \n> > relevant subject matter area means the following—\n> > \n> > > (a) climate adaptation and resilience,\n> > \n> > > (b) community service activities,\n> > \n> > > (c) the development of new regional industries,\n> > \n> > > (d) the education sector,\n> > \n> > > (e) finance,\n> > \n> > > (f) local government,\n> > \n> > > (g) natural resource management,\n> > \n> > > (h) primary industries,\n> > \n> > > (i) public administration,\n> > \n> > > (j) regional and rural economics,\n> > \n> > > (k) regional housing development,\n> > \n> > > (l) regional planning and infrastructure,\n> > \n> > > (m) small business.\n> > \n> > the Act means the [Regional Development Act 2004](/view/html/inforce/current/act-2004-058).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2023 (575), Sch 1\\[1\\]; 2024 (366), Sch 1\\[1\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Sydney metropolitan area","content":"#### 4 Sydney metropolitan area\n\n4 Sydney metropolitan area\n\n> For the purposes of the definition of Sydney metropolitan area in section 4 (1) of the Act, the local government areas that constitute the Sydney metropolitan area are as follows—\n> \n> > Bayside, City of Blacktown, City of Blue Mountains, Burwood, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s Hill, Inner West, Ku-ring-gai, Lane Cove, City of Liverpool, Mosman, North Sydney, Northern Beaches, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Waverley, City of Willoughby, Wollondilly, Woollahra.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Regional Development Advisory Council—the Act, s 12","content":"#### 4A Regional Development Advisory Council—the Act, s 12\n\n4A Regional Development Advisory Council—the Act, s 12\n\n> > (1) The Minister must establish a Regional Development Advisory Council (the Advisory Council) by appointing members to the Advisory Council in accordance with this section.\n> \n> > (2) The Minister must appoint at least 5, but no more than 7, members to the Advisory Council.\n> \n> > (3) The Advisory Council must comprise the following—\n> > \n> > > (a) at least 3, but no more than 5, members who, in the Minister’s opinion, have relevant experience in 1 or more relevant subject matter areas,\n> > \n> > > (b) 1 person who—\n> > > \n> > > > (i) is an Aboriginal person, and\n> > > \n> > > > (ii) has knowledge and experience of supporting economic development within Aboriginal communities,\n> > \n> > > (c) 1 representative of—\n> > > \n> > > > (i) Regional Development Australia, or\n> > > \n> > > > (ii) another body which, in the Minister’s opinion, deals with regional matters.\n> \n> > (3A) The following must be taken into account in determining the appointment of a person as a member of the Advisory Council—\n> > \n> > > (a) whether the person has lived and worked in a regional area,\n> > \n> > > (b) whether the person’s appointment would contribute to the Advisory Council having a range of skills, experiences and backgrounds.\n> \n> > (4) For subsection (3)(b)(ii), the following must be taken into account in determining if a person has knowledge and experience of supporting economic development within Aboriginal communities—\n> > \n> > > (a) if the person has knowledge or experience of assisting Aboriginal people to enter the workforce,\n> > \n> > > (b) if the person has knowledge or experience of supporting Aboriginal groups to carry out commercial activities.\n> \n> > (5) The following persons are not eligible to be appointed to the Advisory Council—\n> > \n> > > (a) a Public Service employee within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (b) an officer or employee of the Commonwealth or an authority of the Commonwealth, other than the person referred to in subsection (3)(d),\n> > \n> > > (c) a person elected to a civic office within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (6) Schedule 1 contains provisions about the members and procedure of the Advisory Council.\n> \n> > (7) In this section—\n> > \n> > Aboriginal person means a person who—\n> > \n> > > (a) is of Aboriginal descent, and\n> > \n> > > (b) identifies as an Aboriginal person, and\n> > \n> > > (c) is accepted as an Aboriginal person by an Aboriginal community.\n> \n> **cl 4A:** Ins 2023 (575), Sch 1\\[2\\]. Am 2024 (366), Sch 1\\[2\\] \\[3\\]; 2024 No 64, Sch 2.","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Keeping of information by Advisory Council—the Act, s 12","content":"#### 4B Keeping of information by Advisory Council—the Act, s 12\n\n4B Keeping of information by Advisory Council—the Act, s 12\n\n> The Advisory Council must—\n> \n> > (a) keep copies of the information and reports considered or prepared by the Advisory Council in carrying out its functions, and\n> \n> > (b) at the request of the Minister, give the Minister a copy of information or a report kept under this section.\n> \n> **cl 4B:** Ins 2023 (575), Sch 1\\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Regional Development Regulation 2012](/view/html/repealed/current/sl-2012-0411) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Regional Development Regulation 2012](/view/html/repealed/current/sl-2012-0411), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":6},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of Advisory Council","content":"# Schedule 1 Constitution and procedure of Advisory Council\n\nSchedule 1 Constitution and procedure of Advisory Council\n\nsection 4A\n\n**sch 1:** Ins 2023 (575), Sch 1\\[3\\]. Am 2024 (366), Sch 1\\[4\\]–\\[8\\].","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution","content":"# Part 2 Constitution\n\nPart 2 Constitution","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Acting members","content":"#### 6 Acting members\n\n6 Acting members\n\n> > (1) The Minister may, from time to time, appoint a person to act in the office of a member if the member is unable to act because of illness, absence or another cause.\n> > \n> > Example of another cause—\n> > \n> > if a member has been suspended\n> \n> > (2) The person, while acting—\n> > \n> > > (a) is taken to be a member, and\n> > \n> > > (b) has all the functions of the member, including, if the member is the Chairperson or Deputy Chairperson, the functions of the Chairperson or Deputy Chairperson.\n> \n> > (3) The Minister may revoke an appointment made under this section.","sortOrder":15},{"sectionNumber":"7","sectionType":"section","heading":"Application of Government Sector Employment Act 2013","content":"#### 7 Application of Government Sector Employment Act 2013\n\n7 Application of [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)\n\n> The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to a member.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Procedure","content":"# Part 3 Procedure\n\nPart 3 Procedure","sortOrder":17},{"sectionNumber":"8","sectionType":"section","heading":"General procedure","content":"#### 8 General procedure\n\n8 General procedure\n\n> > (1) The Advisory Council may, subject to this schedule, determine procedures for—\n> > \n> > > (a) the calling of Advisory Council meetings, and\n> > \n> > > (b) the conduct of business by the Advisory Council.\n> \n> > (2) The agenda for all meetings of the Advisory Council must include an item relating to the disclosure of—\n> > \n> > > (a) pecuniary interests in a matter being considered, or about to be considered, by the Advisory Council, and\n> > \n> > > (b) other conflicts of interest.","sortOrder":18},{"sectionNumber":"9","sectionType":"section","heading":"First meeting","content":"#### 9 First meeting\n\n9 First meeting\n\n> The Minister may call the first meeting of the Advisory Council in the way the Minister thinks fit.","sortOrder":19},{"sectionNumber":"10","sectionType":"section","heading":"Quorum","content":"#### 10 Quorum\n\n10 Quorum\n\n> The quorum for a meeting of the Advisory Council is a majority of members for the time being.","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Presiding member","content":"#### 11 Presiding member\n\n11 Presiding member\n\n> > (1) The Chairperson must preside at a meeting of the Advisory Council.\n> \n> > (2) If the Chairperson is absent—\n> > \n> > > (a) the Deputy Chairperson must preside, or\n> > \n> > > (b) if the Deputy Chairperson is absent—1 of the members present at the meeting, as elected by the members present, must preside.\n> \n> > (3) The person presiding at a meeting has—\n> > \n> > > (a) a deliberative vote, and\n> > \n> > > (b) if there is an equality of votes—a second or casting vote.","sortOrder":21},{"sectionNumber":"12","sectionType":"section","heading":"Voting","content":"#### 12 Voting\n\n12 Voting\n\n> A decision supported by a majority of the votes cast at a meeting of the Advisory Council at which a quorum is present is the decision of the Advisory Council.","sortOrder":22},{"sectionNumber":"13","sectionType":"section","heading":"Minutes","content":"#### 13 Minutes\n\n13 Minutes\n\n> The Advisory Council must keep full and accurate minutes of the proceedings of each meeting of the Advisory Council.","sortOrder":23},{"sectionNumber":"14","sectionType":"section","heading":"Conduct of business","content":"#### 14 Conduct of business\n\n14 Conduct of business\n\n> > (1) The Advisory Council may, if it thinks fit, transact its business—\n> > \n> > > (a) by the circulation of papers, including by email or other electronic means, among all members, or\n> > \n> > > (b) at a meeting at which all or some members participate by telephone, audio-visual link or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.\n> \n> > (2) If the Advisory Council transacts its business by the circulation of papers under subsection (1)(a), a written resolution approved in writing by a majority of the members is taken to be a decision of the Advisory Council made at an Advisory Council meeting.\n> \n> > (3) For the purposes of a meeting held under subsection (1)(b) or the approval of a resolution under subsection (2), each member has the same voting rights as at an ordinary meeting.\n> \n> > (4) A resolution approved under subsection (2) must be recorded in the minutes of the meeting.","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 15 Disclosure of pecuniary interests\n\n15 Disclosure of pecuniary interests\n\n> > (1) This section applies if—\n> > \n> > > (a) a member has a pecuniary interest in a matter being considered, or about to be considered, at an Advisory Council meeting, and\n> > \n> > > (b) the pecuniary interest appears to raise a conflict with the proper performance of the member’s duties in relation to the matter.\n> \n> > (2) The member must disclose the nature of the member’s pecuniary interest—\n> > \n> > > (a) to the Chairperson—as soon as possible after becoming aware of the pecuniary interest, and\n> > \n> > > (b) to the remainder of the Advisory Council—at the next Advisory Council meeting after becoming aware of the pecuniary interest.\n> \n> > (3) For subsection (1), a pecuniary interest held by the following persons is taken to be a pecuniary interest of the member—\n> > \n> > > (a) the member’s spouse or de facto partner,\n> > \n> > > (b) another relative of the member,\n> > \n> > > (c) a business partner or employer of the member,\n> > \n> > > (d) a company or other body of which the member, or member’s business partner or employer, is a member.\n> \n> > (4) Subsection (3) does not apply if the member is not aware of the pecuniary interest.\n> \n> > (5) A member’s disclosure of the following matters is sufficient disclosure of a pecuniary interest in relation to a matter that may relate to a company, body or person—\n> > \n> > > (a) that the member, spouse, de facto partner, relative, business partner or employer is a member of, or employed by, the company or body,\n> > \n> > > (b) that the member, spouse, de facto partner, relative, business partner or employer is a business partner of, or employed by, the person,\n> > \n> > > (c) that the member, spouse, de facto partner, relative, business partner or employer has another interest in relation to the company, body or person.\n> \n> > (6) Particulars of a disclosure made under this section must be recorded by the Advisory Council and must be available for inspection on the request of a person.\n> \n> > (7) If a member has disclosed a pecuniary interest in a matter, the member must not, unless the Minister or the Advisory Council otherwise determines—\n> > \n> > > (a) be present at an Advisory Council meeting while the matter is considered, or\n> > \n> > > (b) participate in the making of an Advisory Council decision in relation to the matter.\n> \n> > (8) For the purposes of the making of a determination under subsection (7), the member must not—\n> > \n> > > (a) be present at an Advisory Council meeting at which the determination is made, or\n> > \n> > > (b) take part in the making of the determination.\n> \n> > (9) Contravention of this section does not invalidate an Advisory Council decision.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Observers","content":"#### 16 Observers\n\n16 Observers\n\n> The Secretary and other members of staff of the department are permitted to attend all parts of an Advisory Council meeting as observers.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Administrative support","content":"#### 17 Administrative support\n\n17 Administrative support\n\n> Members of staff of the department must provide administrative support for Advisory Council meetings.","sortOrder":27}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the regulation's scope has shifted from its original intent. The metadata shows it has been amended three times since 2018, which may indicate scope changes, but this cannot be confirmed without access to the actual provisions and their amendment history."},"complexity_factors":["The substantive provisions of the regulation were not provided — only metadata and navigation elements were available for analysis, limiting full assessment","The regulation has undergone multiple amendments since 2018, suggesting some evolving complexity in its operational provisions","It operates within a broader legislative framework (the parent Act and the Subordinate Legislation Act 1989), requiring cross-reference to understand full effect","The staged repeal mechanism adds a time-sensitive element that practitioners and affected parties must track"],"plain_english_summary":"This NSW regulation governs rules for regional development in New South Wales and likely sets eligibility, application and compliance requirements for projects, funding and approvals outside major cities. First made 31 August 2018 and updated through 30 September 2024, it is scheduled for automatic repeal on 1 September 2026. It matters to businesses, developers, community groups, local councils and state agencies involved in regional planning or grant programs — check the full text on the NSW legislation site for specifics."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2012 Regulation appears to have been a straightforward machinery provision defining the Sydney metropolitan area. The 2018 replacement and subsequent 2023 amendments significantly expanded the scope by inserting an entire governance framework (clauses 4A–4B and Schedule 1) for a new Advisory Council with detailed membership rules, procedural requirements, and conflict of interest mechanisms. The 2024 amendments further refined these provisions. The legislation has grown from a simple definitional instrument into a comprehensive statutory committee establishment instrument."},"complexity_factors":["13 defined terms across the main regulation and Schedule 1","Nested qualification requirements for Advisory Council membership (clause 4A(3) with multiple sub-categories)","Cross-references to 4 other Acts (Regional Development Act 2004, Interpretation Act 1987, Government Sector Employment Act 2013, Local Government Act 1993)","Detailed procedural rules in Schedule 1 covering 17 separate operational matters","Exception to exception structure in clause 15 (disclosure of pecuniary interests) with carve-outs for awareness and Ministerial override","Multiple amendment notes indicating evolving structure (2023 and 2024 amendments)"],"plain_english_summary":"This Regulation sets up the rules for how the NSW Government supports regional development outside Sydney. It does three main things:\n\n**1. Defines which areas count as \"regional\"**\n- It lists the 33 local government areas that make up the Sydney metropolitan area — everywhere else in NSW is considered regional for the purposes of the Regional Development Act 2004.\n\n**2. Establishes a Regional Development Advisory Council**\n- The Minister must set up a council of 5–7 members to advise on regional development.\n- **Who sits on it:**\n  - 3–5 people with expertise in areas like climate adaptation, primary industries, regional housing, or small business\n  - 1 Aboriginal person with experience supporting economic development in Aboriginal communities\n  - 1 representative from Regional Development Australia or a similar body\n- **Who can't join:** Public servants, Commonwealth officers, or elected local councillors.\n- Members serve up to 3-year terms, with a maximum of 2 consecutive terms.\n\n**3. Sets the council's operating rules**\n- How meetings run (quorum is a majority of members, Chairperson has a casting vote)\n- How members can be removed or suspended (with reasons made public)\n- Strict **conflict of interest rules** — members must disclose financial interests and generally can't vote on matters where they stand to profit\n- The council can meet in person, by phone/video, or circulate papers electronically\n\n**Why it matters:** This Regulation ensures there's independent expert advice guiding how the government invests in regional NSW, with transparency mechanisms to prevent conflicts of interest."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulation expressly repeals and replaces the Regional Development Regulation 2012 (cl 2, cl 5) and adds detailed provisions establishing the Advisory Council, its composition, member eligibility, procedural rules and record-keeping obligations (cl 4A, cl 4B, Schedule 1). A savings clause preserves pre-existing acts or matters, but the instrument increases regulatory detail governing advisory arrangements and the Minister’s appointment/removal powers."},"complexity_factors":["Multiple, specific appointment and composition requirements for the Advisory Council, including numeric limits and an Aboriginal representative (cl 4A).","Ministerial discretion over appointments, removals and suspensions with mandatory reasons and public availability (Schedule 1 ss 3,4,5; cl 4A(1),(2)).","Conflict-of-interest and pecuniary-interest disclosure regime that can bar participation unless the Minister or Council determines otherwise, with mandatory recording and public inspection (Schedule 1 s 15).","Procedural rules for meetings, quorum, voting, minutes and remote participation, plus ability to transact business by circulated written resolutions (Schedule 1 ss 8,10–14).","Record-keeping and information provision obligations for the Advisory Council, and departmental custody/support roles (cl 4B; Schedule 1 ss 16–17).","Interplay and cross-references with other statutes and instruments (the Regional Development Act, Government Sector Employment Act exemption in Schedule 1 s 7, and Interpretation Act noted in cl 3).","Term limits, re-appointment constraints and vacancies/acting-member provisions that affect continuity and turnover (Schedule 1 ss 2,6).","Repeal-and-savings mechanism that preserves existing effects of the prior regulation while replacing the instrument (cl 2, cl 5)."],"plain_english_summary":"This Regulation repeals the 2012 instrument, defines the Sydney metropolitan local government areas, and establishes a Regional Development Advisory Council with prescribed membership, appointment limits, record-keeping duties and meeting procedures. It sets who may be appointed (including an Aboriginal representative), who is excluded, terms of office, conflict-disclosure rules and departmental support. It matters to the Minister (appointment, suspension, removal), appointees (eligibility, disclosure and participation limits) and the department (administrative support and custody of Council records)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/regional-development-regulation-2018","history":"/api/acts/regional-development-regulation-2018/history","analysis":"/api/acts/regional-development-regulation-2018/analysis","conflicts":"/api/acts/regional-development-regulation-2018/conflicts","importantCases":"/api/acts/regional-development-regulation-2018/important-cases","documents":"/api/acts/regional-development-regulation-2018/documents"}}