Check whether a fixed levy can be imposed alongside another contribution
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft condition and the contributions-plan extract the lawyer supplies, record the percentage the plan authorises, the proposed-cost figure printed on the file, whether the same development consent also includes a condition under section 7.11, whether the land is described as being in a special contributions area, and, if so, whether an approval of the Minister or of a development corporation designated by the Minister is on the file. Copy the purpose for which the plan says the money is to be applied. Do not calculate a new cost, and do not write down a maximum percentage.
- What the lawyer must review
- The lawyer applies section 7.12 of the Environmental Planning and Assessment Act 1979 (NSW). A consent authority may impose, as a condition of development consent, a levy of the percentage authorised by a contributions plan of the proposed cost of carrying out the development. It cannot impose that condition and a condition under section 7.11 on the same development consent. On land in a special contributions area it cannot impose the condition without the approval of the Minister, or of a development corporation the Minister has designated to give approvals. The money is to be applied towards the provision, extension or augmentation of public amenities or public services, or towards recouping that cost, subject to the contributions plan. A condition is not invalid only because there is no connection between the development and the object of the expenditure. The regulations may deal with how the proposed cost is estimated and with the maximum percentage of a levy. Those regulations were not opened, so no cap and no costing method are stated. This is not the reasonableness test for a section 7.11 contribution, and it is not a housing and productivity contribution.
- 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 | From the draft condition and the contributions-plan extract the lawyer supplies, record the percentage the plan authorises, the proposed-cost figure printed on the file, whether the same development consent also includes a condition under section 7.11, whether the land is described as being in a special contributions area, and, if so, whether an approval of the Minister or of a development corporation designated by the Minister is on the file. Copy the purpose for which the plan says the money is to be applied. Do not calculate a new cost, and do not write down a maximum percentage. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not put a section 7.11 condition and a section 7.12 condition on the same consent as if both were available.
- Do not invent a maximum percentage or a method of costing. The regulations were not opened.
- Do not treat the absence of a nexus as making the condition invalid. Subsection (4) says the opposite, and the lawyer still checks the plan.
- Do not describe this levy as a housing and productivity contribution.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 7.12, fixed development consent levies · 2026-10-22
- Environmental Planning and Assessment Act 1979 (NSW) s 7.11, contributions towards public amenities and services · 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.