Architects submitting rezoning or new development applications as part of their regular business could be considered “developers” under the NSW government’s new donation ban.

Premier Nathan Rees announced an immediate ban on donations from developers to the NSW Labor Party over the weekend.

“The Australian Labor Party (NSW Branch) will not accept another dollar from developers,” said Rees.

However, Aaron Gadiel CEO of Urban Taskforce, a developer lobby group, said the definition of ‘developer’ would need to be established for the ban to work.

“The definition of developer they are going to use is the definition recommended by the Independent Commission Against Corruption (ICAC), which said in their findings that there are some problems in defining terms such as developers, which would need to be resolved if banning donations from that source is to be explored, one possible option would be to ban donations from entities whose regular course of business involves submitting re-zoning proposals, or development applications whether directly or through agents such as builders or architects.”

Therefore, architecture firms which put in redevelopment applications and rezoning applications would be captured by this ban.

“A lot of architecture firms are involved in the preparation of the development and are involved in submitting development applications,” Gadiel said.

“We are going to have businesses, which people will regard as developers, who will fall outside of the definition, and there will be other businesses which most people will not regard as developers, such as architects, which are going to be caught up in the ban.”

The Urban Taskforce and the ICAC both suggested that there be a carpet ban in relation to donations, not just a ban on developers.

“In Queensland there is a across the board ban on political donations,” Gadiel explained, “would be good for the NSW government to have a look at the alternatives.”

He added: “There is a lot of ambiguity, how will it work if somebody is an individual that is politically active in their own right, but also happens to be associated with a business that is involved in development applications, will their civil rights be affected?”

The premier’s office did not return calls from Architecture & Design in time for publication.