Disclosure of Political Donations and Gifts

Department of Planning Brochure on Political Donations and Gifts

There are new reporting requirements under planning and local government legislation in relation to political donations and gifts. Changes have been introduced to the Environmental Planning and Assessment Act 1979 (EP&A Act) whereby a new section 147 came into effect on 1 October 2008 that requires the disclosure of relevant political donations or gifts when planning applications are being made.

The new legislation relates to the disclosure of reportable political donations for State elections and elected members of NSW Parliament, and local government elections and elected members of councils.

The new legislation also relates to disclosure of gifts made to local councillors or council employees.

The terms reportable political donation and gift as defined in Part 6 of the Election Funding and Disclosures Act 1981 include those of or above $1000. A gift includes a gift of money or the provision of any other valuable thing or service for no
consideration or inadequate consideration.

The disclosure requirements under the new legislation are triggered by the making of relevant planning applications and relevant public submissions on such applications.

an application for development consent under Part 4 (or for the modification of a development consent), 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
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
any other application or request under or for the purposes of the EP&A Act that is prescribed by the regulations as a relevant planning application,

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.

The term relevant public submission means a written submission made by a person objecting to or supporting a relevant planning application or any development that would be authorised by the granting of the application.

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 two years before the application is made and ending when the application is determined:

A person who makes a relevant public submission to a council in relation to a relevant planning 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 two years before the submission is made and ending when the application is determined:

A reference 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.

Making a planning application or a public submission to the Minister or Director-General

A person who makes a relevant planning application to the Minister or the Director-General is required to disclose all reportable political donations (if any) made within the relevant period by any person with a financial interest in the application.

In addition, a person who makes a relevant public submission to the Minister or the Director-General in relation to a relevant planning application is also required to disclose all reportable political donations (if any) made within the relevant period by the person making the submission or any associate of that person.

Note: ‘Relevant period’ is the period commencing two years before the application or submission is made and ending when the application is determined.

If you are required to make a disclosure of a reportable political donation or gift under the EP&A Act, the disclosure is to be made:

in, or in a statement accompanying, the relevant planning 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 planning application or submission was made within seven days after the donation or gift is made.

A Disclosure Statement of Political Donations and Gifts form is shown below which can be viewed and downloaded in pdf format.

A copy of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008 is available on the NSW Parliamentary Counsel’s Office website:
http://www.legislation.nsw.gov.au.

The Department of Planning has produced a Community Brochure titled "Development Proposals and donations of Gifts" and a link to this document is shown below. The document can be viewed and downloaded in pdf format. Adobe Reader is required to view this file.

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	How development proposals are affected by legislation requiring the Disclosure of Political Donations and Gifts

	There are new reporting requirements under planning and local government legislation in relation to political donations and gifts. Changes have been introduced to the Environmental Planning and Assessment Act 1979 (EP&A Act) whereby a new section 147 came into effect on 1 October 2008 that requires the disclosure of relevant political donations or gifts when planning applications are being made. Reportable political donations and gifts The new legislation relates to the disclosure of reportable political donations for State elections and elected members of NSW Parliament, and local government elections and elected members of councils. The new legislation also relates to disclosure of gifts made to local councillors or council employees. The terms reportable political donation and gift as defined in Part 6 of the Election Funding and Disclosures Act 1981 include those of or above $1000. A gift includes a gift of money or the provision of any other valuable thing or service for no consideration or inadequate consideration. Relevant planning applications and submissions The disclosure requirements under the new legislation are triggered by the making of relevant planning applications and relevant public submissions on such applications. The term relevant planning application means: an application for development consent under Part 4 (or for the modification of a development consent), 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 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 any other application or request under or for the purposes of the EP&A 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. The term relevant public submission means a written submission made by a person objecting to or supporting a relevant planning application or any development that would be authorised by the granting of the application. Making a planning application to a council 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 two 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, and all gifts made to any local councillor or employee of that council. Making a public submission to a council A person who makes a relevant public submission to a council in relation to a relevant planning 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 two 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, and all gifts made to any local councillor or employee of that council. A reference 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. Making a planning application or a public submission to the Minister or Director-General A person who makes a relevant planning application to the Minister or the Director-General is required to disclose all reportable political donations (if any) made within the relevant period by any person with a financial interest in the application. In addition, a person who makes a relevant public submission to the Minister or the Director-General in relation to a relevant planning application is also required to disclose all reportable political donations (if any) made within the relevant period by the person making the submission or any associate of that person. Note: ‘Relevant period’ is the period commencing two years before the application or submission is made and ending when the application is determined. How and when to make a disclosure If you are required to make a disclosure of a reportable political donation or gift under the EP&A Act, the disclosure is to be made: in, or in a statement accompanying, the relevant planning 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 planning application or submission was made within seven days after the donation or gift is made. A Disclosure Statement of Political Donations and Gifts form is shown below which can be viewed and downloaded in pdf format. Disclosure Statement of Political Donations and Gifts Form (161 KB) Further information A copy of the Local Government and Planning Legislation Amendment (Political Donations) Act 2008 is available on the NSW Parliamentary Counsel’s Office website: http://www.legislation.nsw.gov.au. The Department of Planning has produced a Community Brochure titled "Development Proposals and donations of Gifts" and a link to this document is shown below. The document can be viewed and downloaded in pdf format. Adobe Reader is required to view this file. Department of Planning Community Brochure "Development Proposals and Donations of Gifts (793 KB) The Department of Planning has produced Guidelines on the Disclosure of Political Donations and Gifts on its website at http://www.planning.nsw.gov.au/planning_reforms/p/political_donation_guidelines.pdf.