Disclosure of Political Donations and Gifts
The Local Government and Planning Legislation Amendment (Political Donations) Act 2008 (Act) was passed by the NSW Parliament on 30 June 2008 and will come into effect on 1 October 2008 (deferred from 15 September 2008 to allow councils time for implementation and training).
Any reportable donation or gift must be disclosed when a planning application is made. The Act defines a “reportable donation or gift” as $1000 or more to a “party elected member, group or candidate” and which is given within a 24 month period prior to the making and/or determination of a planning application.
The Act provides that not only does a developer have to disclose any donations or gifts but also “any person with a financial interest in the application” or any person “associated” with the developer must disclose reportable donations made within 24 months before the application was made and/or determined. Failure to comply with the disclosure requirements could result in a maximum $22,000 fine and 1 year imprisonment.
The Department of Planning will be publishing a comprehensive guideline online to assist councils in the implementation of the Act.
Written by Simone Nokes, Solicitor
