Political Donations Bill
Local Government and Planning Legislation Amendment (Political Donations) Act 2008 was passed by the NSW Parliament on 30 June 2008 and will become effective from 1 October 2008. This guideline provides advice on implications of the amendments to the Local Government Act 1993 and Environmental Planning and Assessment Act 1979 in relation to political donations and gifts which will be made when the Act commences. It outlines obligations on applicants, those making submissions and decision makers in relation to the disclosure of information relating to political donations and gifts during the planning making or development assessment process.
The object of the amendments introduced into the Environmental Planning and Assessment (EP&A) Act 1979 is to require the disclosure of relevant political donations or gifts when planning instrument proposals or development applications are made to minimise any perception of undue influence by: (a) requiring public disclosure of the political donations or gifts at the time development applications (or public submissions relating to them) are made, and (b) providing the opportunity for appropriate decisions to be made about the persons who will determine or advise on the determination of the development applications.
Political donations or gifts are not relevant to the determination of any planning instrument or development application, and the making of political donations or gifts does not provide grounds for challenging the determination of any planning instrument or development application. The amendments to be made to the EP&A Act and Local Government Act includes requirements that are to be observed by council officers, elected councillors, applicants for development and development related matters. These include Environmental Plans, Development Control Plans, Concept Plans and applications for declaration as State significant development or Part 3A projects and modifications.
The amendments also impose disclosure obligations on persons who make written submissions on a development application or planning proposal either in support or opposing the application. The Act includes disclosure obligations on matters that are to be determined either by the Director-General or the Minister for Planning under the EP&A Act. The new requirements for disclosure of political donations or gifts do not apply to applications for a complying development certificate (or modification of such application) or applications or requests made by a public authority on its own behalf or applications or requests that are excluded by regulations.
These amendments to the EP&A Act and Local Government Act complement amendments to the Election Funding and Disclosures Act 1981. The amendments to Election Funding and Disclosures Act commenced on the 11 July, 2008. The amendments to the EP&A Act and Local Government Act will commence on 1 October 2008. A circular setting out the implications of the amendments to the Local Government Act is available on the Department of Local Government Website www.dlg.nsw.gov.au.
The information above was taken from the Department of Local Government guideline explaining the Political Donations Act. To download the full version of the guideline, click here.
To download the Local Government and Planning Legislation Amendment (Political Donations) Act 2008, click here.
To download the Political Donations & Gifts Declaration, click here.
