Community benefit agreement

Proponents are generally required to enter into a community benefit agreement (CBA), informed by the social impact assessment (SIA), with the relevant local government that contains measures and commitments to manage and counterbalance social impacts, as well as enhance community outcomes for a positive legacy.

A CBA is a legally binding agreement between a proponent and the relevant local government, intended to ensure that development delivers tangible, place-based benefits to the host community - leaving a positive legacy.

It is expected that a CBA will be informed by a preceding SIA to ensure that benefits are targeted towards the specific needs of the people and communities most likely to be affected by the proposed development.

Preparing and entering into a community benefit agreement

The format and structure of a CBA is determined by the parties involved, providing them the opportunity to develop an agreement that best aligns with the specific development and community priorities.  The development of a CBA includes identifying and negotiating potential community benefits, agreeing on those benefits, and the proponent and local government (at a minimum) entering into a binding agreement.

The CBA Guidance ( 4.3 MB) provides more information for preparing a CBA.

Interaction with development assessment pathway

For prescribed development requiring a social impact assessment, proponents are required to submit the following to the assessment manager for an application to be considered properly made:

• a SIA report, and
• an executed CBA, or
• a notice from the Chief Executive stating that a SIA report and/or a CBA is not required for the development application .

A CBA must be executed before it is submitted as part of the development application.  Once submitted, the normal development assessment processes apply .

Reporting and publication requirements

Where a CBA is conditioned as part of a development approval, the local governments where a party to the CBA, must keep a copy of the agreement on its website and make it available for inspection.

Where the state government imposes a condition of community benefit, the state government must make the notice available for inspection and purpose.

Local governments will also be required to report on any expenditure of any funds received, where monetary financial benefits have been agreed to in the CBA.