Role and structure of the practice notes
Guidance on the structure of the practice notes, how to use them and how the practice notes can help councils prepare contributions plans and negotiate planning agreements.
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The role of practice notes is to help councils prepare contributions plans and negotiate planning agreements. They can also help applicants and the community understand the local contributions system.
Practice notes form an important part of the policy framework for infrastructure contributions. This framework consists of:
- Part 7 of the Environmental Planning and Assessment Act 1979 (EP&A Act)
- Part 9 of the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation)
- directions made by the Minister for Planning
- practice notes issued by the Planning Secretary.
How to use the practice notes
There are five infrastructure contributions practice notes
Each of the five practice notes focuses on a local infrastructure contribution mechanism or on general advice and administration of the local infrastructure contributions system. The practice notes are:
- The local infrastructure contributions system
- Section 7.11 contributions
- Section 7.12 levies
- Planning agreements
- Administering contributions
These practice notes will be updated periodically. This reflects continual improvement to advice over time as well as expansion of best practice guidance and examples.
The practice notes are made up of modules that provide guidance on a specific topic or policy area related to contributions. Practice notes can be read in their entirety to give a complete guide. Modules can also be read individually as advice and guidance for specific parts of the system.
Most modules are unique to a practice note, while some modules are consistent across different practice notes where they cover a topic that is common to more than one mechanism.
Each module has a consistent template
Each module can be structured into 6 consistent sections. Some modules will have all 6 sections, while most modules will only have the ones relevant to their topics. This structure allows the reader to access the most important information on a topic first, followed by more detailed information and guidance.
Legislative requirements
Legislative requirements
This section details the things councils must do as required by the EP&A Act and Regulation, or a Ministerial direction. The modules describe the requirements in plain language, but practitioners should always refer to the current legislation when making decisions.
Policy positions
Policy positions
This section details the policy positions a council must consider. The EP&A Regulation requires that councils must consider any relevant practice notes when preparing a contributions plan and must consider any relevant practice notes when negotiating or entering into a planning agreement.
Best practice guidance
Best practice guidance
This section gives best practice guidance on things councils should do if it is appropriate for their situation. If an equivalent or better way of achieving an outcome is possible, it can be considered.
Procedure and process
Procedure and process
Some modules will include procedure and process guidance that will help explain the how to of the system. These will help councils and stakeholders understand the steps involved in contributions planning. This may involve process maps and detailed descriptions.
Examples
Examples
This section gives examples of things contributions practitioners might do. Examples show how advice provided in the practice notes may be applied in practice but are not intended to be an exhaustive list.
Templates
Templates
Some modules will have templates and tools councils can use. These are included for reference and information.