Common use of LEGISLATIVE FRAMEWORK Clause in Contracts

LEGISLATIVE FRAMEWORK. EP&A Act – Provides the legislative framework for Planning Agreements. • EP&A Regulation – outlines the procedural requirements for the use of Planning Agreements as well as the making, amending and revocation of Planning Agreements and the public notice of Planning Agreements. • Practice Notes – provide advice on matters surrounding Planning Agreements and provide an overview of current trends and best practices. The practice notes are made for the purposes of clause 25B(2) and clause 26(1) of the EP&A Regulation. While the practice notes in themselves are not legally binding without an accompanying Ministerial direction, in some cases they may advocate greater restrictions on the content and use of Planning Agreements than is provided for in the EP&A Act and EP&A Regulation. The practice notes also set out a template designed to standardise the form of Planning Agreements. If there is any inconsistency between this Policy and the Practice Notes, this Policy prevails. As at the date of this Policy, the key Practice Notes relating to Planning Agreements include: • Practice Note on Planning Agreements, dated July 2005 o Exhibition Draft Practice Note – Planning Agreements, dated April 2020; and o Draft Practice Note – Planning Agreements, dated November 2016. • Ministerial Directions - under section 9.1 of the EP&A Act, Ministerial Directions require consideration for plan making covering issues such as employment, environment and heritage, housing, infrastructure and urban development. This includes infrastructure contributions, of which Planning Agreements are a form of.