Compliance and Enforcement Levy
From 1 July 2019, all new Development Applications (DAs) will be subject to a Compliance & Enforcement Levy. The Levy will increase Council’s ability to monitor and respond to compliance and enforcement activities and improve community education.
How much will it cost?
The cost of the levy is based on the cost of the development works:
- Works under $100,000 are exempt
- Works $100,000 to $5 million are charged 0.2% of the costs of works
- Works over $5 million are charged 0.25% of the cost of works
For example, a DA with a $1 million cost of works is charged a levy of $2,000.
Why is this fee being charged?
An increase in population and development has created increased demand on Council to ensure compliance with legislation, and availability of Council Officers to take effective action.
What will the levy funds be used for?
The levy will ensure Council can effectively deliver compliance and enforcement activities including:
- Development compliance
- Environmental health
- Fire safety
- Improved community education
- Continuous improvement and governance
How is this fee charged?
The fee will be charged at the time of DA lodgement. The Compliance & Enforcement Levy is consistent with the provisions of Section 608 of the Local Government Act.
Can the levy be conditioned rather than being paid upon lodgement?
No. Clause 80A of the Environmental Planning and Assessment Act 1979, which controls the imposition of conditions on a development consent does not permit a condition to be imposed on a DA consent for the payment of a compliance levy. Therefore, the Compliance & Enforcement Levy is required to be paid upon application lodgement.
Will the levy be refunded if the DA is withdrawn or refused?
Yes, 100% of the Levy will be refunded if your development application is withdrawn or refused.
Do I need to pay the levy on a modification to an approved DA?
No, the levy is not payable on s4.55 (modification) applications.
Do other Councils have this Levy?
Yes, many other local councils have a similar levy including Canada Bay, Canterbury-Bankstown, Woollahra, Ryde, Kur-ring-gai, Penrith, Liverpool, Tweed & Central Coast Councils.