Political Donations
Disclosure of Political Donations and Gifts
A State law requiring the public disclosure of donations or gifts when lodging or commenting on development proposals commences on 1 October 2008. This law is designed to improve the transparency of the planning system.
The new legislation relates to the disclosure or reportable political donations for State elections, elected members of NSW Parliament, Local Government elections and elected Council members. This will include the disclosure of gifts made to Councillors or Council employees.
A reportable political donation is a donation of $1,000 or more. A gift includes money or the provision of any other valuable thing or service for no or inadequate consideration.
A disclosure of a political donation or gift will need to be made whenever a relevant planning application, or relevant public submission on such an application is made.
A relevant planning application is a written submission made by a person objecting to or supporting a planning application or any development that would be authorised if the application was granted. This includes:
- 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 a particular site;
- A formal request to the Minister or Director General for development on a particular site to be made State Significant or declared a Part 3A development;
- An application for approval of a concept plan or a project under Part 3A;
- An application for a development consent under Part 4;
- Any other application or request under or for the purpose of the Environmental Planning and Assessment Act that is prescribed by the Regulations as a relevant planning application.
Certain planning applications are not relevant planning applications, including:
- Applications for complying development certificates;
- An application made for or on behalf of a public authority;
- Any application excluded by the Regulations.
Person lodging an application
A person who makes a relevant planning application will be required to disclose all reportable political donations made by any person with a financial interest in the application. A reportable political donation is a donation to any Councillor of Leichhardt Council and all gifts made to a Leichhardt Councillor or employee of the Council that were made within the period commencing two years before the application is made and when the application is determined.
Person who makes a submission in relation to an application
A person or (their associate) who makes a public submission to a Council in relation to a relevant planning application needs to disclose any reportable political donations or gifts made to a Councillor or Council employee that were made within the period commencing two years before the application is made and when the application is determined. This includes any donation or gift made when a person was a candidate for Council election.
When to lodge the Disclosure Statements
Disclosure statements are to be made in a statement accompanying the relevant planning application or submission if the donation or gift is made before the application or submission is made. Where the gift or donation is made after the relevant planning application is made, disclosure must be made within 7 days of the gift or donation being made.
Disclosure Statement Template
A disclosure statement template has been prepared by the Department of Planning and is available by clicking on the link below.
Political Donations & Gifts Disclosure Statement - 35 KB
Declarations as of 31 December 2008
Click on the Election Funding Authority website below for more information and to search and view copies of declarations lodged by Councillors for the disclosure period ending 31 December 2008.
www.efa.nsw.gov.au