Compulsory Requirements for making a Development Application or Public Submission Relating to a Development Application

Following amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) reportable political donations and gifts will need to be disclosed, from 1 October 2008, to Council as follows:

Making a development application to a council

Under section 147(4) of the Environmental Planning and Assessment Act 1979 (‘the Act’) a person who makes a relevant planning application to a council is required to disclose the following reportable political donations and gifts (if any) made by any person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined:

all reportable political donations made to any local councillor of that council
all gifts made to any local councillor or employee of that council.

Note: A reportable political donation is defined as:

in the case of disclosures by a party, elected member, group or candidate - a political
donation of or exceeding $1,000 made to or for the benefit of the party, elected
member, group or candidate, or
in the case of disclosures by a major political party – a political donation of or
exceeding $1,000:
- made by the major political donor to or for the benefit of a party, elected
  member, group or candidate, or
- made to the major political donor.

Note: A relevant development application is defined as

a formal request to the Minister, a council or the Director-General to initiate the making of an environmental planning instrument or development control plan in relation to development on a particular site, or
a formal request to the Minister or the Director-General for development on a particular site to be made State significant development or declared a project to which Part 3A applies, or
an application for approval of a concept plan or project under Part 3A (or for the modification of a concept plan or of the approval for a project), or
an application for development consent under Part 4 (or for the modification of a development consent), or
any other application or request under or for the purposes of this Act that is prescribed by the regulations as a relevant planning application,

but does not include:

an application for (or for the modification of) a complying development certificate, or
an application or request made by a public authority on its own behalf or made on behalf of a public authority, or
any other application or request that is excluded from this definition by the regulations.

Making a public submission to a council

Under section 147(5) of the Act a person who makes a relevant public submission to a council in relation to a relevant development application made to the council is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing 2 years before the submission is made and ending when the application is determined:

all reportable political donations made to any local councillor of that council
all gifts made to any local councillor or employee of that council.

A reference in sections 147(4) and 147(5) of the Act to a reportable political donation made to a ‘local councillor’ includes a reference to a donation made at the time the person was a candidate for election to the council.

How and when do you make a disclosure?

The disclosure of a reportable political donation or gift under section 147 of the Act is to be made:

in a statement accompanying, the relevant development application or submission if the donation
or gift is made before the application or submission is made, or
if the donation or gift is made afterwards, in a statement of the person to whom the relevant development application or submission was made within 7 days after the donation or gift is made.

The appropriate disclosure statement form is available for download on Council’s website below in PDF format. The disclosure statement should then be completed and lodged with Council accordingly.

Alternatively, the disclosure form is available in hard copy from the Wentworth Shire Council Office.

Download Donation Disclosure Form (31K)