Disclosure of Political Donations and Gifts
A Political Donations and Gifts Disclosure Statement is a declaration made about a Development Application detailing:
- any political donations or gifts made to any Councillor
- any gifts made to any Council employee
Disclosure statements are required by section 147 of the Environmental Planning and Assessment Act 1979. This section commenced on 1 October 2008 with the purpose of minimising any perception of undue influence in relation to planning applications.
Do I need to make a disclosure statement?
You are required to make a Disclosure Statement if:
- you are submitting a planning application or commenting on a Development Application
- you, or any person with a financial interest in the planning application, have:
- made a political donation to any Councillor, or
- provided a gift to any Councillor or Council employee.
A relevant planning application includes:
- Development Application
- Applications to modify a development consent
- Formal requests to initiate an environmental planning instrument or development control plan in relation to development on a particular site
A political donation or gift includes those made within 2 years of the planning application or submission being made. A political donation is a donation of $1,000 or more made within a financial year.
When is a disclosure statement to be made?
If a political donation or gift was made before the planning application or submission was made, the disclosure statement needs to be made at the time the planning application or submission is made. If a political donation or gift was made after the planning application or submission was made but before Council has made a determination, the disclosure statement needs to be made within 7 days of the political donation or gift being made.
|NOTE: If you have not made a political donation or gift, you do not need to make a disclosure statement.
Are disclosure statements available to the public?
Yes. We are required by law to make disclosure statements available to the public within 14 days of the statement being made.
Disclosure statements will be attached to our file for the planning application. Files can be made available for inspection by members of the public. Also, details of disclosure statements will be included in reports on planning applications.
Are there penalties for not making a disclosure statement?
Yes. If you need to make a disclosure statement and fail to do so heavy penalties can apply. The maximum penalty is $22,000 or 12 months imprisonment, or both.