Section 7.11 Contributions Plan - Heavy Vehicles

Section 7.11 of the Environmental Planning and Assessment Act 1979 enables Council to levy contributions from development for the provision of public services and amenities required as a consequence of that development. Contributions may be in the form of cash payments, transfer or dedication of land to Council, or the provision of a Material Public Benefit or Works in Kind.

For Council to levy contributions under Section 7.11 there must be a clear nexus between the proposed development and the need for the public service or amenity for which the levy is being required and as detailed in a Contributions Plan.

This Section 7.11 Contributions Plan seeks contributions towards the additional costs of road maintenance from developments which generate frequent heavy haulage vehicle movements. Accordingly, certain developments will be levied because of their impact on the frequency of road maintenance, determined by a consistent methodology based on heavy vehicle usage. This Plan applies to developments that generate heavy haulage vehicle movements arising from extractive or mining industries.

The primary purpose of this Plan is to authorise the levying of contributions that will assist Council to provide public services and amenities to:

• Ensure roads are maintained in a reasonable condition for users as a result of damage caused by developments that generate frequent heavy haulage movements.

This Plan enables Council to require a contribution from development towards the provision, extension or augmentation of public services and public amenities that will, or are likely to be, required as a consequence of new mining or extractive industries.

Other purposes of this Plan are to:

• Provide an overall strategy for the coordinated delivery of public facilities and infrastructure consistent with Council’s strategic plans and management plan;
• Provide a comprehensive strategy and administrative framework for the assessment, collection, expenditure, accounting and review of developer contributions towards the equitable provision of public services and amenities;
• Identify the additional services and amenities required to meet the demands arising from new development;
• Provide an adequate level of public services and amenities to meet demand arising from development within a reasonable time, as development occurs, and at a reasonable cost, without unduly impacting on the affordability of the proposed development;
• Ensure that the development contributions are based on reasonable estimates of cost;
• Ensure that the existing community is not unduly burdened by the provision of public services and amenities which are needed (either partly or fully) as a result of ongoing development in the LGA, and that there is a reasonable apportionment of cost between existing demand and new demand for public infrastructure provided by Council, and
• Ensure that contributions are fair and reasonable.