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Environmental Planning and Assessment Regulation 2021
212Content of contributions plan
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#### 212 Content of contributions plan
212 Content of contributions plan
> > (1) A contributions plan must contain the following information—
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> > > (a) the purpose of the plan,
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> > > (b) the land to which the plan applies,
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> > > (c) the relationship between—
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> > > > (i) the expected types of development in the area to which the plan applies, and
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> > > > (ii) the demand for additional public amenities and public services to meet the expected development,
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> > > (d) the formulas to be used for determining the development contributions required for different categories of public amenities and public services,
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> > > (e) the development contribution rates for different types of development, as specified in a schedule to the plan,
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> > > (f) a map showing the specific public amenities and public services that will be provided by the council,
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> > > (g) a works schedule that contains an estimate of the cost and staging of the public amenities and public services, whether by reference to dates or thresholds,
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> > > (h) if the plan authorises monetary development contributions or development levies paid for different purposes to be pooled and applied progressively for the different purposes—the priorities for the expenditure of the development contributions or development levies, by reference to a works schedule.
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> > (2) If a contributions plan authorises the imposition of a development levy condition, the plan must contain—
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> > > (a) the percentage of the development levy for each type of development, as specified in a schedule to the plan, and
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> > > (b) the method, if any, of adjusting the proposed cost of carrying out the development, after being determined by the consent authority, to reflect quarterly or annual variations to readily accessible index figures adopted by the plan between the day of the determination and the day by which the levy must be paid.
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> > > Example—
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> > > A contributions plan may adopt the Consumer Price Index.
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> > (3) A contributions plan must contain information about the council’s policy about the following—
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> > > (a) the timing of the payment of monetary development contributions,
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> > > (b) development levies,
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> > > (c) the imposition of development contribution conditions or development levy conditions that allow deferred or periodic payment.
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> > (4) A contributions plan that provides for the imposition of development contribution conditions or development levy conditions in relation to the issue of a complying development certificate must provide that monetary payments in accordance with the conditions must be made before the commencement of the building work or subdivision work authorised by the certificate.
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> > (5) In determining the development contribution rates or development levy percentages for different types of development, the council must consider the conditions that may be imposed under the Act, section 4.17(6)(b) or the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 97(1)(b).
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> > (6) A contributions plan may authorise monetary development contributions or development levies paid for different purposes to be pooled and applied progressively for the different purposes only if the council is satisfied that the pooling and progressive application will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid.