Political Donations Disclosure

As of 1 October 2008 you are legally required to complete a political donations and gifts disclosure statement to declare any political donations or gifts you have made if you have a relevant financial interest when you are:

• lodging any type of development proposal (such as a development application)
• requesting to initiate environmental planning instruments or development control plans
• lodging a comment/submission in objection or support to any of the above proposals

Persons or entities with a relevant financial interest includes (but is not limited to):

• the applicant or the person on whose behalf the application is made
• owner of the property or person whose has entered into an agreement to purchase the property
• persons associated with either the applicant or owner who are likely to obtain a financial gain if the application is authorised

The donations and gifts that must be declared are:

• all reportable political donations made to any political party or group, elected member, candidiate or Holroyd councillor
• all gifts made to any of the above or Holroyd Council employee

These disclosure requirements must be made at the time of lodgement to councils or the NSW Government.

It is important to note that disclosure requirements cover a period of 2 years before an application or submission is made and end when the application is determined; if you have made a political donation and/or gift you are obliged to make a formal disclosure.

A person who fails to make a disclosure of a reportable political donation or gift or makes a false disclosure statement is guilty of an offence under s125 of the Environmental Planning and Assessment Act 1979. Currently the maximum penalty for this offence is $22,000 or imprisonment for 12 months, or both.

The requirements above are subject to the Local Government and Planning Legislation Amendment (Political Donations) Act 2008 (with the introduction of a new section 147 to the Environmental Planning and Assessment Act 1979) and is designed to improve the transparency of the planning system.

For more information please visit the NSW Department of Planning.