---
title: "Check whether a fixed levy can be imposed alongside another contribution"
url: "https://ailawframework.com/practice/planning-and-environment/check-whether-a-fixed-levy-can-be-imposed-alongside-another-contribution"
type: "task"
site: "AI Law Framework"
id: "A12-FL20261022-11"
practice_area: "Planning & Environment"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a fixed levy can be imposed alongside another contribution

> 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…

Canonical page: https://ailawframework.com/practice/planning-and-environment/check-whether-a-fixed-levy-can-be-imposed-alongside-another-contribution  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Planning & Environment](https://ailawframework.com/practice/planning-and-environment.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Do not put a section 7.11 condition and a section 7.12 condition on the same consent as if both were available.
2. Do not invent a maximum percentage or a method of costing. The regulations were not opened.
3. 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.
4. Do not describe this levy as a housing and productivity contribution.

## Notes

- 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.

## Sources

- [Environmental Planning and Assessment Act 1979 (NSW) s 7.12, fixed development consent levies](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/epaaa1979389/s7.12.html) (checked 2026-10-22)
- [Environmental Planning and Assessment Act 1979 (NSW) s 7.11, contributions towards public amenities and services](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/epaaa1979389/s7.11.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/planning-and-environment/check-whether-a-fixed-levy-can-be-imposed-alongside-another-contribution/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*