Section 94 Contributions

As reported in the Central Coast Express of 24 March 2004 a State Government task force is soon to deliver a report on the system of Section 94 Contributions, its failings and its likely future.

Section 94 Contributions exist under Section 94 of the Environmental Planning and Assessment Amendment Act which enables Council to collect funds from proposed developments for the provision of public services and facilities which are generally required in lieu of increased population brought about by the proposed new development. Examples of community facilities are child care centres, parks and sporting fields and upgrades to roads and traffic conditions. Section 94 does not cover water and sewage facilities. Council’s are empowered to collect Section 94 contributions only if an appropriate Section 94 contribution plan is in place. Where no contribution plan for a suburb exists then when a development application is lodged appropriate Section 94 funds cannot be collected from the developer or applicant.

Under Section 94 guidelines there must be an appropriate link between the proposed development, the amount of funds collected and the kinds of community facilities that are intended to be used for.