Reporting

View determined 4.6 Variations, Volunteer Planning Agreement Register and associated documents and reports.

Register of Clause 4.6 Variations to Development Standards

The Mid-Western Regional Local Environment Plan 2012 (MLEP 2012) sets out development standards that must be addressed in the lodgement and assessment of any development application within the local government area. 

Under the MLEP 2012 a consent authority is allowed some flexibility in determining development applications against these standards, however any requests to vary such a standard must address and satisfy key considerations and objectives which are outlined within Clause 4.6 of the MLEP 2012. An application proposing a variation to a standard, must be supported by a written submission. 

Council has delegation from the NSW Department of Planning and Environment to assess and determine most variations. Variations more than 10 per cent of a numerical development standard, or variations to a performance based Development Standard must be determined by the elected Council.

Council is also required to maintain a register of these Clause 4.6 variations to be submitted quarterly to the Department of Planning, Industry and Environment (DPIE).

The register of variations to development standards, applied to development applications within the LGA, is available below. 

SEPP 1/Clause 4.6 Register(PDF, 121KB)


Volunteer Planning Agreement Register

A planning agreement (also known as a voluntary planning agreement / VPA) is an offer by a developer to Council to dedicate land, make monetary contributions, or provide any other material public benefit, to be used for or applied toward a public purpose.

Planning agreements are entered into in relation to a development application or an amendment to the Local Environmental Plan. 

AGREEMENT DATE ENTERED INTO PARTIES DESCRIPTION LAND
Wilpinjong Coal Project - Voluntary Planning Agreement
Wilpinjong Coal Project - Voluntary Planning Agreement(PDF, 443KB) March 2006 Wilpinjong Coal Pty Ltd and Excel Coal Limited
Lump sum - Coal shipment. Payable prior to the first shipment of coal from the land. The Wilpinjong Project is located 40km northeast of Mudgee, near the village of Wollar. The Ulan Wollar Road and Gulgong-Sandy Hollow Railway are on the Northern boundary of the site and Willar Road is on its southern boundary. 
     

Annual Contribution - Community Infrastructure.40,000 per annum for 20 years, with the first instalment due on the anniversary of the first loading and dispatch of coal.

 
      Annual Contribution - Road Maintenance. $30,000 per annum for the life of the mining operation, with the first instalment due on the anniversary of the first loading and dispatch of coal.  
Notice of Modification - Wilpingjong Coal Mine(PDF, 466KB)     Annual Contribution - Bus Routes. $20,000 per annum for three years.  
Moolarben Coal Project Voluntary Planning Agreement Stage 1
Moolarben Coal Project Voluntary Planning Agreement Stage 1(PDF, 809KB) April 2008 Moolarben Coal Mines Pty Ltd,

Felix Resources Limited

Lump Sum - Open Cut Coal. Payable in three equal annual instalments, with the first payment due within 7 days of first loading and dispatch of coal produced from the open cut operation. See Appendix 1 of Project Approval(PDF, 81MB)
   
Lump Sum - Underground Coal. Payable in three equal annual instalments, with the first payment due within 7 days of first loading and dispatch of coal produced from the underground operation.  
      Lump Sum - Road Maintenance. Payable in three equal annual instalments, with the first payment due within 7 days of the commencement of construction.  
      Annual Contribution - Road Maintenance. $62,500 per annum for 20 years, with the first instalment due on the anniversary of the first loading and dispatch of coal.   
      Annual Contribution - Community Infrastructure.$100,000 per annum for 10 years, with the first instalment due on the anniversary of the first loading and dispatch of coal.  
Moolarben Coal Project Stage 2
Moolarben Coal Stage 2(PDF, 5MB) January 2015 Moolarben Coal Mines Pty Ltd  Community Enhancement. Payable from commencement of construction until mining operations under this approval ceases. See Appendix 1 of Project Approval(PDF, 8MB)
      Cope Road Maintenance. Payable in 4 instalments of $120,000 plus CPI, with the first payment to be made on the commencement of mining.  
Planning Agreement for Ulan Coal Mines Limited - Ulan Continued Operations Project
Planning Agreement for Ulan Coal Mines Limited - Ulan Continued Operations Project(PDF, 466KB) March 2011 Ulan Coal Mines Limited Lump Sum - Community Infrastructure. $2 million to be paid within 30 days of date of agreement. Balance of $1.475 million to be paid within a year of the date of the first contribution. See Appendix 1 of Project Approval(PDF, 8MB)
      Annual Contribution - Road Maintenance Cope Road.$50,000 per annum for 21 years, with the first instalment due within 30 days of date of agreement. Subsequent annual payments due on anniversary date of first contribution.  
Planning Agreement - Wilpinjong Coal Pty Ltd & Mid-Western Regional Council
Planning Agreement - Wilpinjong Coal Pty Ltd & Mid-Western Regional Council(PDF, 438KB) Wilpinjong Coal Pty Ltd  January 2011 Lump Sum - Ulan-Wollar Road. Non cash contribution of $50,000 of gravel to be used for upgrading of the Ulan-Wollar Road.  Development Consent(PDF, 2MB)
Deed of Amendment of Planning Agreement(PDF, 252KB) Wilpinjong Coal Pty Ltd October 2016  Annual Contribution - Community Infrastructure. 31 March each year.  

    Annual Contribution - Community Infrastructure. Per annum starting in 2028 for approximately 7 years (end of project).  
Amended and Restated Planning Agreement between Wilpinjong Coal Pty Ltd & MWRC 2012(PDF, 973KB)     Lump Sum - Ulan-Wollar Road Upgrade. $600,000 payable by instalments within 14 days of invoices as issued by Council at each stage of the primary road works.  
Caerleon Mudgee Pty Limited atf Caerleon Mudgee Trust Planning Agreement
Caerleon Mudgee Pty Limited atf Caerloen Mudgee Trust Planning Agreement(PDF, 59MB) Caerleon Mudgee Pty Ltd  September 2013 Fairdale Lane contribution. Lump sum payment on connection of Fairydale Lane to the spine road, based on $500 per lot of registered plans for the subdivision. Thereafter a per lot contribution upon registration. Lot 21 DP 1186131 and Lot 1 DP721674
      Contribution as per VPA Schedule 3.19 'DSP Charges (Water/Sewer)'.Payment of $7,837 per equivalent tenement for water and $3,558 per equivalent tenement for sewerage where the ET is a residential allotment (medium) 650m2 - 1,200m2 to Council.  
      Community Open Space Network. As stages are released.  
Planning Agreement - Crudine Ridge Wind Farm
Planning Agreement -Crudine Ridge Wind Farm(PDF, 5MB) Cridine Ridge Wind Farm Pty Ltd August 2017 Annual Contribution.Payment to commence on the first anniversary of the operation date. See Schedule 2 of the Voluntary Planning Agreement for the land to which it applies.
Planning Agreement - Bylong Coal Project
Planning Agreement - Bylong Coal Project(PDF, 17MB) KEPCO Bylong Australia Pty Ltd  July 2015 Lump sum contribution as per VPA schedule 5(a)(i) "Development Commencement". Payment of $1.5 million to the Council on the granting of the Development Consent by the Consent Authority for the Development on the Land and Other Land which is payable on the date that the Development is physically commenced. Kepco Bylong Land (See Schedule 2 of the Voluntary Planning Agreement)


      Lump sum Contribution as per VPA schedule 5(a)(ii) "Mine Commencement Date". Payment of $1.25 million to the Council on the Mine Commencement Date.  
      Annual contribution as per VPA schedule 5(a)(iii) "Community Investment Fund". Payment of $0.05 per tonne of Product Coal to the Council towards the Community Investment Fund, which is payable within three months of the end of each Financial Year for the Term.  
      Contribution per Project approval. Contribution towards road maintenance.  
Wollar Solar Farm Planning Agreement
Wollar Solar Farm Planning Agreement(PDF, 399KB) Wollar Solar Farm Planning Agreement  May 2021 Contribution per Section 5 "Development Contribution". Contribution to Local Roads Maintenance as a result of development. $200,000 due prior to the commencement of construction. See Appendix 1 of the Development Consent(PDF, 2MB)  
Planning Agreement - Resiland Pty Ltd & Deleki Pty Ltd
Planning Agreement - Resiland Pty Ltd & Deleki Pty Ltd(PDF, 1MB) Deleki & Resiland March 2012 Contribution per Section 5 "Development Contribution". Contribution of $15,000 GST (Subject to CPI). Being $5,000 for each of the  3 lots making up the development to be used towards the costs of constructions of the Drainage Improvements. Lot 31 DP 1169418 (12 Rifle Range Road, Mudgee).
Voluntary Planning Agreement - Bowdens Silver Mine
Voluntary Planning Agreement - Bowdens Silver Mine(PDF, 14MB) Bowdens Silver Mine Pty Ltd November 2021 Lump sum Contribution per VPA Schedule 2 (item 1) "Community Infrastructure and Services". Payment of $500,000 subject to CPI adjustment (representing a lump sum upfront portion of the 1% of the ICC), which is payable within one calendar month of the Construction Commencement Date. Bowdens Silver Land (See Schedule 2 of the Voluntary Planning Agreement)


      Lump sum Contribution per VPA Schedule 2 (item 2) "Community Infrastructure and Services". Payment of $500,000 subject to CPI adjustment (representing a lump sum upfront portion of the 1% of the ICC), which is payable within one calendar month of the Production Commencement Date.  
      Annual Contribution per VPA Schedule 2 (item 3) "Community Infrastructure and Services". Balance of the ICC contribution (being $1.46 million) payable in instalments being $94,200 per annum (subject to CPI adjustment) for 15 years on each anniversary of the Production Commencement Date and $47,000 (subject to CPI adjustment) on the date that is 15.5 years after the Production Commencement Date.  
      Annual Contribution per VPA Schedule 2 (item 4) "Community Infrastructure and Services". Payment of $540,000 (representing 1% of AACE) payable in instalments being $34,840 per annum (subject to CPI adjustment) for 15 years on each anniversary of the Production Commencement Date and $17,400 on the date that is 15.5 years after the Production Commencement Date.  
      Annual Contribution per VPA Schedule 2 (item 5) "Road Maintenance Contribution".$1,705,000 payable in instalments being $110,000 per annum (subject to CPI adjustment) for 15 years on each anniversary of the Production commencement date and $55,000 (subject to CPI adjustment) on the date that is 15.5 years after the Production Commencement Date.  
      Annual Contribution per VPA Schedule 2 (item 6) "Community Infrastructure and Services". $94,200 per annum (subject to CPI adjustment) for each year the Development is carried out beyond the date that is 15.5 years after the Production Commencement Date.  
      Annual Contribution per VPA Schedule 2 (item 7) "Community Infrastructure and Services". $34,840 per annum (subject to CPI adjustment) for each year the Development is carried out beyond the date that is 15.5 years after the Production Commencement Date.  

    Annual Contribution per VPA Schedule 2 (item 8) "Road Maintenance Contribution". $110,000 per annum (subject to CPI adjustment) for each year the Development is carried out beyond the date that is 15.5 years after the Production Commencement Date.