FAQs

Section 7.12 development contributions (s7.12) (commonly referred to as local infrastructure contributions) are collected by Council when new development occurs in Randwick City. These contributions fund facilities and local infrastructure needed to support an increased number of residents, workers and visitors to the area. 

The types of infrastructure and facilities funded by s7.12 levies include, but are not limited to parks, recreation and open space, cultural and community facilities, public realm works in our town centres, environmental initiatives and transport, traffic and road upgrades.

The NSW Government sets the legislation and policy framework for how Council collects and administers contributions under the Environmental Planning and Assessment Act 1979 and Regulation. The legislation authorises the consent authority (i.e., Council) or an accredited certifier to impose as a condition of development consent or complying development certificate, a requirement that the applicant pay a fixed levy based on the percentage of the proposed cost of the development.

 s7.12 contributions apply to most development applications and complying development certificates where the development cost is over $100,000.  Contribution levies are applied on a sliding scale as follows:

These rates are mandated under the Environmental Planning and Assessment Act 1979 and Regulation and can only be amended by the Minister for Planning and Public Spaces through a Ministerial Direction.

The current s7.12 (formally s94A) Plan 2015 has been in operation for nearly 9 years and since that time a number of capital works projects have now been completed. In addition, Council has adopted a new Comprehensive LEP (Amendment 9) which will see additional housing growth in the local government area. This growth will require additional infrastructure and facilities to meet the needs of the incoming population. Council has identified infrastructure priorities for the current and future population in a number of Informing Strategies covering housing, environment, integrated transport, arts and culture, economic development and open space and recreation.

The draft s7.12 Development Contributions Plan 2024 (draft s7.12 Plan 2024) applies to all land within the Randwick City Local Government Area with the exception to land in the Kensington and Kingsford town centres which is covered by the K2K 7.12 Development Contributions Plan 2019 and the Bundock Street Defence Site which has a separate Development Contributions Plan.

The draft s7.12 Plan 2024 is an update of the current Randwick City s7.12 (formally s94A) Development Contributions Plan 2015 and incorporates the following:  

• An updated Schedule of Works including ongoing and new capital works projects for the next 10 years which are considered to best meet the community’s expectations and needs.
• A new map showing the location of the proposed capital works.
• Revised State Government population projections; and
• Minor formatting changes for improved readability and to reflect legislative changes. 

s7.12 levies paid to Randwick City Council will be used to help fund the capital works identified in the draft Plan’s Schedule of Works, in conjunction with general revenue, grants and other levies.

The Schedule of Works is divided into 5 categories:

1. Cultural and Community Facilities: e.g. Public art across LGA, upgrade and repairs to La Perouse Museum, Randwick Literary Institute and libraries, transforming Blenheim House building into a creative space etc.
2. Environmental Initiatives: e.g. Coastal walkway, remnant bushland restoration, green corridor planting and street trees adjacent to Anzac Parade and Bunnerong Road, blackwater and storm water harvesting including installation and upgrading of stormwater harvesting systems, and wetlands protection initiatives etc.
3. Parks and Open Space: e.g. Park improvements including adventure playgrounds, pump tracks, smart city Initiatives to address public safety, environmental monitoring and other place-based technology solutions.
4. Town Centres and Public Realm: e.g. Public realm improvements to support nighttime economy initiatives, public realm improvements to town centres, and installation of wayfinding signage to improve connectivity and streetscape.
5. Transport and Roads: e.g. Laneway widening including improvements to road reserves, mobility improvements, Anzac Parade walking and cycling path, Local Traffic Management Schemes, and Bunnerong/ Military Road traffic signal upgrade to address safety with heavy vehicle movements.

Clause 208 of the Environmental Planning and Assessment (EP&A) Regulation 2021 specifies the items that should and should not be included in the calculation of the cost of carrying out development. These are specified on page 5 and 6 of the draft s7.12 Plan 2024.

Yes. The Minister has exempted development occurring within the Port Botany Lease Area from paying the s7.12 levy.

An exemption to the payment of the s7.12 levy may be considered on a case-by-case basis by Council for the following development:

• Places of worship, public hospitals, police stations, fire stations, and other emergency services,
• Works proposed to be undertaken for charitable purposes by, or on behalf of, a not-for profit charity (as defined by the ATO) but only in cases where the development is of a small scale with minimal floor space intensification, for example a retail outlet operated by the Salvation Army, St Vincent de Paul or similar organisations, and where Council considers that there will not be an increase in the demand for public works or infrastructure as a result of the development which would warrant the payment of a Section 7.12 levy
• Seniors housing, as defined in the State Environmental Planning Policy (Housing) 2021 which is undertaken by a social housing provider; and
• Applications submitted by or on behalf of Randwick City Council.

In relation to development applications, the s7.12 levy is generally payable following the issuing of the development consent and prior to the application for a construction certificate.

For complying development, the levy must be paid prior to the issuing of the complying development certificate. It is the responsibility of the accredited certifier to check Council’s Contributions Plan to determine its requirements before issuing a Complying Development Certificate and to attach conditions as required.

Payments of s7.12 levies are to be made at Council’s Customer Service Centre and can be contacted for further inquiries on 1300 722 542 or at council@randwick.nsw.gov.au.

Although the fixed maximum 1% contribution rate cannot be changed, all s.7.12 levies are subject to indexation based on the Consumer Price Index issued quarterly by the Australian Bureau of Statistics. This is to reflect any changes to the cost of building materials that may occur between the issuing of a development consent/complying development certificate and the actual payment of the levy.

The draft s7.12 Plan 2024 will commence when formally adopted by Council after Council considers a report on submissions made during the public exhibition period. A commencement date will be included in the final Pan.