Receiving agency The agency responsible for the ongoing maintenance of the land and/or assets delivered as a result of a Special Infrastructure Contribution Works in Kind project. An SIC provision for a special contribution area defines the level and nature of the contribution and the infrastructure that will be financed. This certificate is available to the applicant and consent authority on the Planning Portal as part of the SIC digital service.
The Secretary of the Department of Planning and Environment administers the fund in consultation with the NSW Minister for Finance and the Infrastructure and Place Executive Steering Group. The minister has delegated responsibility for these agreements to the secretary of the Spatial Planning and Environment department.
Allocation of funds
Reporting
Stakeholder Role Consent authority
Delivery agency (state agencies and councils)
Department of Planning and
- Stakeholders
- SIC process
- Roles in the SIC process
- Steps in the SIC process for development consent
- The developer lodges a development application
- The consent authority applies the SIC condition if the project is in a special contributions area
- The developer applies to the department for a SIC assessment The department has developed a digital SIC service on the NSW Planning Portal. An
- The department assesses if a SIC is payable
- The developer pays the SIC
- The department issues a SIC certificate of payment
- The consent authority verifies payment
- Steps in the SIC process for complying development certificates
- The developer seeks a complying development certificate
- A registered certifier applies the SIC condition
- The developer applies to the department for a SIC assessment If the complying development certificate is issued by a private certifier the developer
- The developer pays SIC
- The consent authority or private certifier verifies payment
- SIC units of charge
- Payment
- SIC clearances
- Residue Lots
- Works in kind
- Nomination
- Preliminary assessment
The department will notify the developer of any SIC amount due by uploading an SIC assessment to the online SIC management system. In some cases, the contribution amount is based on the gross floor area of the business premises. As with the count of the number of additional dwellings, the gross floor area may vary due to changes to the building permit.
Receiving agencies – the agency that in most cases takes ownership of infrastructure assets upon delivery – are key external stakeholders in WIK agreements. The department will assess the merits of the proposal in consultation with the receiving agency, based on the assessment criteria in Table 2.
Contributes to social and
Consideration of WIK proposal by SIC governance committee
Submission of WIK proposal
Detailed assessment
The department will issue an invoice to the developer for payment of all ministerial expenses incurred during the development. The developer must provide an appraisal report prepared by a certified practicing appraiser that determines the current market value of the land proposed for transfer. The Department requires a valuation process to be carried out to ensure that the value of the land is agreed before the WIK agreement is concluded.
The developer is liable for all costs associated with obtaining the appraisals (including the department's appraisal fees). The assessment of the current market value of the proposed transfer land allows the department to assess whether the proposal provides value for money and informs the amount of SIC credit that will be offered to the developer.
Execution of WIK agreements
The WIK agreement will generally require the developer to report annually to the department via a survey detailing anticipated WIK-related transactions, including the timing for withdrawal of any accrued credits to satisfy SIC obligations. The developer must also provide any other reports relating to the land that may be relevant. The developer and the department must agree on the basis on which the assessment will be made and the assessment report must reflect this methodology.
The developer must confirm the requirements with the receiving agency to ensure that the completed asset meets the required design standards. The receiving agency provides the developer with all specifications, standards and requirements necessary to achieve a detailed design.
Delivery of works and/or dedication of land
The developer may have to conclude a separate contract agreement for the delivery of works and/or.
Administration of the WIK agreement
- Administration of land transfers
- Administration of WIK agreements – issue of SIC offset credits
- Milestones
- Construction superintendent role
- WIK offset credit claim requests
- Management and use of SIC offset credits
- Deferred payment arrangements
- Third-party payments using SIC credits
- Disputes
- Surplus SIC offset credits
- Indexation of SIC offset credits
- Special contributions areas
- Western Sydney Growth Areas SIC Determination
- Warnervale Town Centre SIC determination
- Wyong Employment Zone SIC Determination
- Bayside West SIC Determination
- St Leonards Crows Nest SIC Determination
- Frenchs Forest SIC Determination
- Pyrmont Peninsula Metro SIC Determination
- Illawarra and Shoalhaven SIC Determination
- Gosford City Centre SIC Determination
- Western Sydney Aerotropolis SIC Determination
- Appendix A: Draft letter of offer
- Appendix B: Example WIK agreement
The SIC determination is to fund state and regional roads, bus infrastructure, education, health, emergency services, open space, biodiversity conservation and planning/delivery. The SIC provision defines the contribution as a monetary rate per net developable area of land. The SIC provision details the method of calculating the net. developable area to which a contribution will apply.
SIC's resolution is to fund state and regional roads, bus infrastructure, biodiversity conservation and planning/delivery. SIC's determination is to fund state and regional roads, education, open space, pedestrian and cycleway improvements, and planning and delivery. SIC's resolution is to fund state and regional roads, education, open spaces, pedestrian and cycleways and planning/delivery.
The SIC provision defines the contribution as a monetary rate per additional dwelling approved on the site. The SIC is committed to funding state and regional roads, education, public transport, active transport/green connections and planning/delivery. The decision of the SIC is to fund the Sydney Metro Pyrmont Station and associated infrastructure and planning/delivery.
An additional provision in the SIC provision specifies that a contribution is not required for compliance with development. In the case of residential development, the SIC is applied to the number of dwellings authorized by the development consent. the number of existing dwellings on the premises that must be retained is not included in the number of dwellings for the calculation of the SIC levy. demolitions do not reduce the number of dwellings to be counted when assessing the SIC amount. The SIC determination is to address state and regional roads, education, active transportation, open space, emergency services, community health facilities, biodiversity and.
An additional provision in the SIC Determination states that a contribution is only required once in respect of a piece of land. The items included in the determination of the cost of development are detailed in the SIC determination.
Deputy Secretary of the Department of Planning, Industry and Environment for and on behalf of the Crown in right of the
Deputy Secretary of the Department of Planning, Industry and Environment for and on behalf of the Crown in right of the.
Developer]
Special Infrastructure Contributions Works-in-Kind Agreement
SIC Discharge Amounts for Road Work – Table (clause 3.8) SCHEDULE 2 – Valuation of Road Work Land
Road Work
Plan of the Road Work Land SCHEDULE 5 – Address for Service (clause 10.15)
- Interpretation
- Construction of certain references
- Estimated Cost and Actual Cost of Road Work
- Value of Road Work Land
- Amount of the SIC if paid as monetary contributions before 1 July [insert year]
- Development Procedure and Construction Contract for the Road Work (a) The Developer must
- Attainment of Milestones relating to the Road Work
- Dedication of Road Work Land
- Indexation of SIC Discharge Amounts for a Milestone
- Drawing down credits – application of SIC Discharge Amounts (a) The Developer may request the Deputy Secretary to amend the
- Reconciliation clause
- Developer not to apply for Subdivision Certificate, Construction Certificate or Occupation Certificate for development unless relevant certificate issued for
- Land ownership
- Security relating to the Developer’s obligations
- Written notice of dispute
- Attempt to resolve
- Mediation
- Not use information
- No prejudice
- Intention of the parties The parties intend that
- Reimbursement
- Additional Amounts for GST
- Non-monetary consideration
- Assumptions
- No merger
- Power of attorney
- Variation
- Waiver
- Further assurances
- Time for doing acts (a) If
- Governing law and jurisdiction
- Severance
- Preservation of existing rights
- No merger
- Costs
- Relationship of parties Unless otherwise stated
- No fetter
- Expenses and stamp duty
- Notices
Actual Costs, in relation to the Roadworks, means the Final Certified Contract Costs on completion of the Construction Contract, together with any other costs (not exceeding 15% of the Final Certified Contract Costs) incurred and paid by the Developer to third parties for the following: . a) design of the Roadwork, project management, investigations, studies or reports specifically required for the Roadwork;. Construction Contract means the contract between the Developer and a third party contractor, referred to in clause 3.5, for the execution of the Road Works by that third party contractor;. Estimated costs, in relation to the Roadworks, means the estimated costs of the Roadworks set out in column 1 of the Table, and, from 1 July, those costs as indexed in accordance with clause 3.2(a);
Milestone means works or other activities specified in Column 3 of the Table in relation to the execution of the Road Works;. Nominated Officer means an officer of the Department provisionally assigned to a role nominated by the Deputy Secretary for the purposes of this Act;. Road working land means [the area of land on which the road is to be. built and dedicated/transferred to the Roads Authority] of land on which the Roadworks will be built in general as indicated on the plan in Annexure 4;.
Road works site value means the road works site value as determined in accordance with Schedule 2, being $[road works site value]. A reference in this deed to the dedication of the Road Works Site as a public road, or the transfer of the Road Works Site to the relevant Road Authority, is a reference to the dedication or transfer free of charge. charges, estates, interests, rights or claims, other than agreed in writing with the Road Manager. The parties agree that on July 1 [insert], and on July 1 of each subsequent year, the estimated cost of the road works, being $[the estimated cost of the road works] as specified in column 1 of the table, will be adjusted by multiply the estimated costs by the following fraction:
The parties agree that the amount of the obligation to create an SIC for development in the WSGA Special Contributions area that the developer may discharge by carrying out the road works will be the actual cost of the road works. The parties agree that the amount of the obligation to create an SIC for development in the WGSA Special Contributions Area that the developer may discharge by designating the road works site as a public road, or otherwise transferring to the relevant roads authority, is the value of the road works site, being $[road works site value], as adjusted in accordance with clause 3.3(b). If the Assistant Secretary, in his or her sole discretion, is satisfied that the roadwork site has been designated as a public highway or otherwise transferred to the Road Authority, the Assistant Secretary shall: (i) accept the assignment or transfer of the roadwork site in lieu of the developer pays a monetary contribution equal to the SIC dismissal amount for the road works site in accordance with clause 3.3; And. (ii) issue an SIC discharge certificate stating the value of the road works site as an SIC discharge amount credited to the developer.
Construction Certificate or an Occupancy Certificate for that development, the Developer may provide a Bank Guarantee, in terms acceptable in the absolute discretion of the Assistant Secretary for the amount of the SIC. A party alleging that a dispute has arisen under or in connection with this Deed must give written notice to the other party specifying the nature of the dispute.
SIC Discharge Amounts for Road Work – Table (clause 3.8) Notes relating to Schedule 1
Valuation of Road Work Land 1 Appointment of registered valuers
A valuer appointed under this Catalog must, in carrying out a valuation, comply with any applicable practice standards and guidance notes as published from time to time by the Australian Property Institute (NSW Division), except to the extent that those standards or notes do not comply with this schedule. Each party shall ensure that a comprehensive valuation report is prepared by the appraiser appointed by it under this Category, being a report that includes the following matters: If the valuation amounts determined by the appraisers appointed by the parties under this Category differ by less than 10%, the average of those amounts shall be adopted as the Street Value of the Working Land.
If the valuation amounts determined by the valuers appointed by the parties under this Annex vary by 10% or more, the valuers shall compare them. If valuations continue to vary by 10% or more, the valuation applicable to the Road Work Land will be determined by another valuer appointed by the President of the Australian Property Institute (NSW Division). If a further valuer is appointed, he or she shall: (a) prepare a road works site valuation report in accordance with clauses 2 and 3 of this Schedule; And.
Road Work (clause 1.1)
Plan of the Road Work Land [insert]
Address for Service (clause 10.15)
- Appendix C: Treasury Circular 14-01
Treasury Circular
Acceptance of Performance Bonds
Acceptance of Performance Bonds or Unconditional Undertakings by Government Agencies
