Riverstone Landowners Voluntary Contributions Agreement (VCA)

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Archibald Simmons
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1 Riverstone Landowners Voluntary Contributions Agreement (VCA) Explanatory Note IMPORTANT NOTE: This Explanatory Note explains the layout of the Riverstone Landowners Voluntary Contributions Agreement (VCA). Landowners must read and understand the VCA in full. This Explanatory Note is for assistance only, and does not in any way substitute the VCA itself. If there is any inconsistency between this Explanatory Note and the VCA, the terms of the VCA override this Explanatory Note. This Explanatory Note is not comprehensive, and does not cover every right or obligation in the VCA. Landowners must read and understand the VCA itself in full. Landowners and interested persons must seek their own personal legal, financial and other advice about the VCA. They must rely entirely on their own enquiries about the VCA including whether and how to participate and the likely outcomes and effects of entry into the VCA.

2 Purpose of the Voluntary Contributions Agreement (VCA) UrbanGrowth NSW 1 is the relevant authority for the Riverstone Scheduled Lands. UrbanGrowth NSW has prepared a development plan for Precinct A Stages 1 to 3 of the Riverstone Scheduled Lands. The development plan has been prepared in accordance with Schedule 5 of the Environmental Planning and Assessment Act Under the development plan, UrbanGrowth NSW will carry out subdivision works in Precinct A Stages 1 to 3 of the Riverstone Scheduled Lands. Landowners must make a contribution towards the cost of the subdivision works and the development plan costs. Each landowner s contribution is calculated and described in the development plan. Landowners may enter into a VCA with UrbanGrowth NSW. By doing so, landowners may choose to voluntarily trade their land to UrbanGrowth NSW or make a monetary payment of the contribution. If landowners do not enter a VCA, UrbanGrowth NSW may compulsorily acquire part or all of their land in order to achieve the subdivision works and meet the landowners contributions. This Explanatory Note describes the layout of the VCA, to help landowners navigate the VCA. This Explanatory Note does not comprehensively cover every clause, right, obligation and concept in the VCA. It is critical for landowners to read and understand the VCA itself, and to seek their own legal and financial and personal advice about it. The words printed in bold in the VCA are defined in the dictionary at the end of the VCA. The words in the VCA generally have the same meanings as in the development plan. Part 1 Preliminary This part of the VCA sets out the preliminary or initial matters. Under this part, the landowner gives its consent for UrbanGrowth NSW to apply for subdivision approvals and to lodge the plan of subdivision for registration. The landowner also agrees to lodge their own Certificate of Title with Land and Property Information (LPI) to allow the plan of subdivision to be registered. The landowner will receive their Certificates of Title back from LPI after the plan of subdivision is registered (only for the land which the landowner will keep, not for the land which the landowner will trade to UrbanGrowth NSW to meet its contribution). If the landowner does not give consent referred to above, and does not lodge their Certificate of Title with LPI, UrbanGrowth NSW may need to acquire part or all of the landowner s land so that it can achieve the subdivision. 1 UrbanGrowth NSW is the trading name of Landcom Explanatory Note Riverstone Landowners Voluntary Contributions Agreement (VCA) Version February

3 Part 2 UrbanGrowth NSW s Obligations This part explains that UrbanGrowth NSW will carry out the subdivision works and subdivide land, in accordance with the development plan. Part 3 Landowner s contribution This part deals with how the landowner will meet (pay for) its contribution. The landowner s contribution is calculated under the development plan. Each landowner pays a relative proportion of the total costs of the subdivision works and the development plan costs. Part of the costs are shared costs which are fixed. Part of the costs are individual costs, which will vary based on things like the amount of remediation and demolition work required for each individual landholding. The landowner can make an election (a choice) to meet its contribution by paying money, or by trading (transferring) part of its land to UrbanGrowth NSW. The landowner s election is stated in the Reference Schedule of the VCA. If the landowner has elected to trade its land to UrbanGrowth NSW to meet its contribution, then UrbanGrowth NSW will acquire the agreed part of the landowner s land. Landowners should seek their own legal and financial advice about how any mortgages and other dealings on their land will be affected by the acquisition. After all of the subdivision works are completed, UrbanGrowth NSW will sell the land which it acquired from the landowner. UrbanGrowth NSW will then distribute any left over funds back to the landowner (after the contribution and specific costs are deducted). The left over funds are called the surplus. The surplus amount is calculated according to the formula in the development plan. The landowner agrees that UrbanGrowth NSW will acquire a part of the landowner s land for the purpose of constructing roads. The roads will then be dedicated to (owned by) the local Council. Generally, only a small part of each landowner s land will be required for constructing roads. But in a few cases, a whole lot will be required for a road. This is called a road parcel. An owner of a road parcel will be paid money as compensation by UrbanGrowth NSW for acquiring the road parcel. Road parcels are coloured purple on the plan of subdivision. Explanatory Note Riverstone Landowners Voluntary Contributions Agreement (VCA) Version February

4 Part 4 Access to land UrbanGrowth NSW has a legal right to enter land so that the subdivision works can be prepared and carried out. Under the VCA, the landowner may choose to set out certain agreed conditions for access to their land. For example, having regard to pets, or fencing, or other specific matters. The landowner also agrees that it will provide vacant possession of land which UrbanGrowth NSW acquires under a land trade. UrbanGrowth NSW can demolish any buildings on the land which it acquires, and if those buildings extend onto the land the landowner retains, it can also demolish the part of the building on the land that the landowner still owns. Part 5 Security and Enforcement A note about the VCA will be registered on the title of the landowner s land. To allow this note to be registered, the landowner must sign a Request form and lodge its Certificate of Title with LPI. The landowner must obtain UrbanGrowth NSW s consent if it intends to sell its land any time before the development plan is completed. If the landowner does sell its land, the new owner will be automatically bound to the VCA. The landowner must also obtain UrbanGrowth NSW s consent if it intends to create any other interests in its land (for example, granting a mortgage) before the development plan is complete. This part also deals with the consequences of a failure by the landowner to comply with its obligations under the VCA. Part 6 Indemnities & Insurance Under this part, the landowner agrees to release and indemnify UrbanGrowth NSW in respect of any claims made by any other person with an interest in the land. The landowner should seek legal advice about the meaning and effect of this part. This part also confirms that UrbanGrowth NSW and its contractors will have appropriate insurances to cover the subdivision work on the land, and deals with Work Health and Safety laws. Part 7 Other provisions This part includes legal and administrative provisions about the operation of the VCA. Explanatory Note Riverstone Landowners Voluntary Contributions Agreement (VCA) Version February

5 Schedules The Schedules are extra parts of the VCA. Schedule 1 is the dictionary, which explains what certain words mean. Schedule 2 is the Reference Schedule which will include the landowner s specific details. Schedule 3 will attach the plan of subdivision showing the proposed subdivision layout for Precinct A (Stages 1 to 3). Schedule 4 will include a plan showing the landowner s land, and will identify the part which is intended to be traded to UrbanGrowth NSW. Schedule 5 will attach the Subdivision Order made by the NSW Minister for Planning. Schedule 6 will set out any agreed access conditions for the landowner s land. Schedule 7 will attach the Request form which the landowner will need to sign (referred to in Part 6). Schedule 8 will attach a 'Financier's consent deed' which the landowner will need to arrange its financier(s) to execute. Schedule 9 will attach a pro forma consent letter which the landowner will need to arrange for any person with a registered interest in the land to execute. Explanatory Note Riverstone Landowners Voluntary Contributions Agreement (VCA) Version February

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