NSW Planning Minister Can Force Developers to Pay for Local Roads and Housing; Developers Cannot Appeal Payment Amounts in Court

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

Ministerial planning orders can require a housing and productivity contribution for regional infrastructure.
These contributions are banned for development on biodiversity certified land.
The contributions are also banned for specified transport infrastructure.
Payers must follow specific order rules when paying for approved conservation measures.
The HAP Fund collects these payments; it also accepts money advanced by the Treasurer.

The Debate

What different members said when this bill was debated:

Sue Higginson GRN

“As I was saying, not enough money was being collected and negative pressure was being placed on housing supply as well as necessary infrastructure services in some communities.”

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Mark Buttigieg ALP

“I make a contribution to debate on the very important Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023, which was introduced by the Minister for Planning and Public Spaces. I am a member of Portfolio Committee No. 7 ‑ Planning and Environment.”

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Abigail Boyd GRN

“I speak briefly to the Environmental Planning and Assessment (Housing and Productivity Contributions) Bill after the very well thought out and informed comments of my colleague Ms Sue Higginson, who chaired the inquiry into the bill.”

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Daniel Mookhey ALP

“I thank all members for their forthright contributions to debate, particularly the Hon. Natasha Maclaren-Jones, the Hon. Tania Mihailuk, the Hon. Mark Banasiak, the Hon. Jacqui Munro, Ms Sue Higginson, the Hon. Mark Buttigieg and Ms Abigail Boyd. I listened carefully to the comments made by the Hon. Natasha Maclaren-Jones, representing the Hon. Scott Farlow.”

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News articles and press releases

Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023

Mr PAUL SCULLY, Minister for Planning and Public Spaces — 2023-05-23

The bill will not solve all aspects of the housing crisis, but it is one of the few proposals to come before this Chamber that will genuinely address supply. It will support supply by dealing with a key bottleneck in infrastructure. This measure stems from the NSW Productivity Commission’s 2020 review of the infrastructure contributions system and will replace a complex system of contribution charges with a simple and modest charge levied across a broader base. It will support the provision of the roads, railways, parks, schools, and hospitals that we need to function and often take for granted. It will create a new system for funding and planning for infrastructure, replacing the ad hoc, piecemeal, stop-start system of the past.