Section 147 of the Environmental Planning and Assessment Act 1979 requires that, in relation to any planning application (including a development application, application to modify a consent, application to make an environmental planning instrument or development control plan, application to approve a concept plan or project) lodged with Council on or after 1 October 2008, a Disclosure Statement be lodged in certain circumstances.
A Disclosure Statement of a reportable political donation (see Note 1, below) or gift(see Note 2, below) must accompany a planning application or submission (including a submission either objecting to or supporting the proposed development) if the donation or gift is made within 2 years before the application or submission is made. If the donation or gift is made after the lodgement of the application, a Disclosure Statement must be sent to Council within 7 days after the donation or gift is made. The provision also applies to an associate of a submitter.
A Disclosure Statement may be made available for viewing upon a written request to Council in accordance with Section 12 of the Local Government Act 1993.
The personal information provided in this statement or any submission may be inspected by a person under various legislation. The legislation provides that a person who has inspected a document may also request, and be provided with, a copy of that document.
Should you wish to make a submission, but want your personal information (e.g. name, address, phone number) to be treated in confidence, you may make a written request that Council not disclose your personal information to the public. The request should state the reasons why your personal information should be treated confidentially.
Note 1: A reportable political donation is a donation of:
- $1,000 or more made to or for the benefit of the party, elected member, group or candidate; or
- $1,000 or more made by a major political donor to or for the benefit of a party, elected member, group or candidate, or made to the major political donor; or
- less than $1,000 if the aggregated total of the donations made by the entity or person to the same party, elected member, group, candidate or person within the same financial year (ending 30 June) is $1,000 or more.
Note 2: Gift is defined in the Election Funding and Disclosure Act 1981, and includes:
- any disposition of property made by a person to another person (other than by will);
- a disposition in money's worth (made without consideration or with inadequate consideration);
- the provision of a service other than volunteer labour (made for no consideration or for inadequate consideration);
- an amount paid as a contribution, entry fee or other payment to entitle a person to participate in or otherwise obtain any benefit from a fund-raising venture or function;
- an annual or other subscription paid to a party by a member of the party, or a person or entity (including an industrial organisation) for affiliation with the party.
Should you require further information whether or not a Disclosure Statement is required, please seek your own advice or contact the NSW Department of Planning (Phone: 1300 305 695 or www.planning.nsw.gov.au)
A copy of Council's blank Disclosure Statement may be found here:
Disclosure Statement of Political Donations and Gifts.pdf