Disclosure Statements

What is a disclosure statement?

A disclosure statement is a declaration made to Council detailing any political donations or gifts given to a Councillor, or gifts given to a Council employee, in connection with a relevant planning application.

Why are disclosure statements required?

Disclosure statements are required under section 10.4 of the Environmental Planning and Assessment Act 1979. They help minimise any perception of undue influence in relation to planning applications.

Do I need to make a disclosure statement?

You must make a disclosure statement if:

  • You are making a relevant planning application and you, or any person with a financial interest in the planning application, has made a political donation to any Councillor or a gift to any Councillor or Council employee.

  • You are making a submission objecting to or supporting a relevant planning application and you, or an associate of yours, has made a political donation to any Councillor or a gift to any Councillor or Council employee.

Note: If you have not made a political donation or gift, you do not need to make a disclosure statement.

 

What is a relevant planning application?

A relevant planning application includes:

  • A development application (or an application to modify a development consent), or
  • A formal request to initiate an environmental planning instrument or development control plan for a specific site

What is defined as a political donation or gift?

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 must a disclosure statement be made?

Before the application or submission: If the donation or gift was made before lodging, include the disclosure statement with your application or submission.

After the application or submission: If the donation or gift is made after lodging but before a decision is made, submit the disclosure statement within 7 days of making the donation or gift.

Are disclosure statements available to the public?

Yes. By law, disclosure statements must be made publicly available within 14 days of the statement being made. They will:

  • be attached to the planning application file (available for public inspection)
  • appear on the DA Tracker
  • be included in reports on planning applications

Penalties for not making a disclosure statement

Failure to make a required disclosure statement can result in:

  • A maximum penalty of $22,000, or
  • 12 months imprisonment, or both.

How do I make a disclosure?

Need more information?

Refer to the explanatory notes and glossary of terms in the Political donations and gifts disclosure statement form(PDF, 283KB).

If you are unsure if you need to make a disclosure statement, seek independent advice. It is your responsibility to determine if a disclosure statement is required.

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