Check a local infrastructure contribution against the statutory tests
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the consent condition and the contributions plan the lawyer identifies, set out the rate or amount claimed, the infrastructure item it is said to fund, and any dedication or material public benefit the papers say has already been provided. Do not say the condition is reasonable.
- What the lawyer must review
- The lawyer tests the condition against section 7.11 of the Environmental Planning and Assessment Act 1979 (NSW). A condition for dedication of land free of cost, a monetary contribution, or both, may be imposed if the consent authority is satisfied the development will or is likely to require the provision of, or increase the demand for, public amenities and public services. It may require only a reasonable dedication or contribution. A recoupment condition under subsection (3) is monetary, for infrastructure already provided, indexed as the regulations provide, and must be a reasonable contribution towards that cost. The authority must consider land, money or other material public benefit the applicant has already provided free of cost, with the exceptions in subsection (6). The Planning Portal says reasonableness is shown by nexus and apportionment, and says section 7.13(3) lets the Court disallow a condition that is unreasonable even if it accords with an approved plan. Section 7.13 was not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate a subsection (1) contribution from a subsection (3) recoupment. Recoupment is monetary unless the authority accepts land under subsection (5).
- Record benefits the applicant has already provided, and the subsection (6) exceptions, before any figure is treated as payable.
- Do not apply a contributions-plan rate to development that the plan does not cover. The lawyer checks the plan map and the definition of the development.
- Do not treat compliance with the plan as the end of the question. The Portal says the Court may disallow an unreasonable condition even where it accords with an approved plan. The lawyer opens section 7.13 before relying on that.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 7.11, contributions for amenities or services · 2026-10-22
- NSW Planning Portal, Principles of section 7.11 contributions · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.