Rockdale City Council v Calibre Construction Corp Pty Ltd  NSWSC 1980 was a dispute over the estimated contribution value of an access road built by a developer under an Art Operating Agreement (WIKA). The value of the work was to partially fulfill a condition of the development authorization, which required the payment of development contributions under the EPO Act s94. A person who entered into a WIK agreement to carry out a GIC liability paid the Commissioner an amount corresponding to the agreed value of what was done, whether in full, the step or only partially. A WIK agreement may contain a clause limiting a person who has entered into the contract, unless the approval of the Minister of Planning is obtained, of all transactions with: A condition provided in section 7.11 may be met by an agreement between the applicant and the “in-kind” Council. A WIK regime cannot provide for the dedication of the land to the satisfaction of Section 7.11 state. As noted in this case, when developing a substantive contract, it should be noted that the evaluation process and the proper scope of the work are clearly defined. Otherwise, it could have an impact on a Council`s ability to recover from potential development contribution deficits. A work-in-art agreement (WIK agreement) is an agreement between a person who must pay the contribution of growth zones to infrastructure (GAIC) and the Minister of Planning. As part of a WIK agreement, the manager agrees to make available land and/or construction work (construction of public infrastructure) instead of a cash payment in order to fulfill all or part of his GAIC responsibility. Section 94 (5) (b) of the EPO Act provides that a compliant notice authority may accept the granting of a substantial public benefit (usually works) in part or the full satisfaction of a condition requiring development contributions imposed by the s94 (1) or (3). Developers/candidates can submit a WIK proposal that will be evaluated in accordance with our WIK directive. WIK proposals will be submitted for consideration to our Section 7.11 Financial Committee. The proposal must relate to a work (or part) in our contributions in point 7.11.
We have developed a WIK presentation agreement to speed up this process. This model should be used for WIK chords. On the basis of an assessment of road access submitted to the Commission, the Commission lodged an appeal in which it argued that the proponent was required to pay the Commission an outstanding amount of $729,680 for development contributions.