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Urban Taskforce Australia has reviewed the documents and wishes to raise a number of matters.
Security (Schedule 5)
It is not clear from the document what types of contributions will require financial security and what the quantum of security will be.
As a general approach, Urban Taskforce believes that financial security should:
- Never be required for the payment of a monetary contribution (this would be equivalent to requiring financial security for the payment of a s 7.11 contribution). If the infrastructure contribution fee is not paid, an OC is not issued;
- Not be required for the dedication of land – this is secured by the agreement that it can be compulsorily acquired for $1 so having a security in unnecessary;
- Not be required for works that will be carried out on the developer’s land to be dedicated to a council – for example, embellishment works to a local park. This is because the development itself cannot progress until compliance is achieved, and the voluntary planning agreement (VPA) could specify that no OC or subdivision certificate can be issue until the works are completed and the park dedicated;
- Be provided for defects, but to a low level – for example, 5% of the value of the works; and
- Be provided for works on public land, because there is a risk that Council will have to step in to fix up any defects or to complete abandoned work. This could be to a higher quantum, such as 50%-150% of the value of the works.