Community Assets Program 2024 program guidelines

The table below notionally allocates funding to eligible disaster declared LGAs based on assessed impact. Funding pools are utilised to ensure that applicants are aware of the funding available for their LGA while also ensuring that funding is prioritised to the most impacted LGAs.

The funding pools are based on the evidence and data captured through the impact assessment process undertaken by the Department.

If the repair, restoration and betterment of directly damaged community infrastructure per eligible funding pool does not fulfil the notional allocation, the assessment panel may consider redistributing funding to one or more of the other eligible LGAs. LGAs may not receive their full allocation if projects do not meet eligibility requirements. This redistribution is undertaken at the discretion and recommendation by the assessment panel, with the final decision by Minister for Regional NSW.

Redistribution ensures that the LGAs unique recovery needs are met whilst ensuring that eligible projects that meet the objective of the program can be delivered within the CAP budget.

If the situation arises where a grant recipient’s project is completed and there are unspent funds remaining from the grant allocation, the Department may require the grant recipient to return the unspent funds. If the grant recipient requests to use the funds to extend the scope of the project, the Department may assess that request if it aligns to the objectives of the grant program. The Department may require the grant recipient to provide supporting information such as revised economic or social impact data.

Eligible applicants are:

• Cabonne Shire Council
• Forbes Shire Council
• Lachlan Shire Council
• Parkes Shire Council.

Eligible applicants must be a legal entity and have or be willing to purchase at least $20 million in public liability insurance.

Projects must:

• be for the repair, restoration and/or betterment of Council-owned or managed community infrastructure that was directly damaged by the severe weather and flood events from August 2022 (declared as AGRN 1030 and/or 1034)
• not meet the definition of an essential public asset as defined under the DRFA
• be able to commence construction within 12 months of funding approval.

Projects should:

• demonstrate consideration of options to improve the community infrastructure’s resilience to future disasters as applicable through the incorporation of betterment principles
• demonstrate broad community usage and support through community and stakeholder engagement
• demonstrate consideration to support or upgrade the accessibility and inclusion of impacted community infrastructure, using universal design standards to promote broad access and inclusion for people with disability/the ageing
• demonstrate consideration of environmental impacts, sustainable design principles and use of sustainable materials in construction
• align with relevant NSW Government and regional policies and community strategic plans.

The repair, restoration, or betterment of directly damaged local community infrastructure that does not provide a function to an essential public asset including:

• recreational and services buildings including libraries, youth and senior citizen facilities, tourism and arts and culture facilities
• sport and recreation facilities including showgrounds and racecourse precincts, playing fields and courts
• parks and playgrounds including equipment, furniture, fencing, shades, facilities and amenities
• holiday and caravan park facilities
• cultural heritage and identity of place assets
• wharves, jetties, boat ramps, boardwalks, footpaths, walking trails, community club structures
• pedestrian bridges, car parks, electric vehicles charging stations, retaining walls, landscaping, river/creek banks and signage in public spaces.

The program is targeted at four highly-impacted disaster declared LGAs in Central West NSW (Cabonne, Forbes, Lachlan and Parkes) that experienced significant damage to local community infrastructure due to the severe weather and flood events from August 2022 declared under AGRN 1030 and/or 1034.

Eligible grant costs include:

• expenditure directly related to damage from severe weather and flood events from August 2022 (AGRN 1030 and/or 1034) that have not been covered through other government funding and/or insurance claims
• the delivery of eligible projects, including project management expenses or costs up to 10% and contingency and cost escalation expenses or costs up to 20% of the requested funding and that are not considered business as usual
• non-fixed assets or equipment up to 5% of total requested funding
• repair and restoration works directly related to severe weather and flood damage that has not yet commenced
• betterment works on directly damaged community infrastructure not yet commenced to support disaster resilience
• costs associated with planning approvals or other legislative requirements such as heritage requirements
• salary/wages and entitlements for employees specifically engaged for the project(s)
• retrospective costs*

* Retrospective costs may be eligible on the basis that the works were required to urgently ensure safety, continuing service provision and/or accessibility to the public or property. This will be determined at the discretion of the assessment panel. It is recommended that applicants applying for retrospective costs contact the Department at floods.recovery@regional.nsw.gov.au to discuss their project prior to applying for funding.

A key component of the CAP guidelines and intent of the funding is to ensure that projects funded contain a component of works that support disaster resilience and enhancement.

Incorporating works that support disaster resilience and enhancement are built on the principles of betterment. This includes repairing or building-back an asset that can better withstand future natural disasters while delivering benefits associated with improved resilience and generating productivity, economic and social outcomes. This is made up of the following core values:

1. Resilience – Reduce the risk of impact to an asset over its lifecycle to better withstand natural disasters, and improve the ability to respond, recover and adapt after asset disruption
2. Productivity – Maintain or improve the level of service and sustainable function that an asset provides
3. Economic – Achieve net benefits across the asset lifecycle based on the enhanced value proposition and provide a return on investment
4. Social – Maintain or improve a community’s ability to function during and after a disruption to an asset.

Applicants should demonstrate consideration of betterment principles in their application.

For more information and how this could relate to your project, please visit nsw.gov.au/betterment.

People with disability, the aged and those less mobile often experience compounded issues during and after a natural disaster. This includes access to appropriate services, communications, and infrastructure. Building back damaged infrastructure provides a unique opportunity to improve accessibility to community assets and infrastructure.

Applicants should demonstrate consideration of accessibility and inclusion measures in their application and how projects achieve the objectives and actions outlined in their organisation’s Disability Inclusion Action Plan.

Applications are encouraged to utilise universal design principles within their project design and to demonstrate their commitment to accessibility and inclusion as a key part of their application.

Ineligible projects under CAP include:

• assets that meet the definition of an essential public asset under the DRFA 2018 including roads, tunnels and utility bridges
• assets that are not owned or managed by the applicant
• assets that are associated with the function of an essential public asset under the DRFA 2018 including road furniture and retaining walls
• projects that have been funded through other government grant(s)
• repair projects or elements of repair projects where the applicant has claimed and received insurance*
• assets that were not directly damaged in the severe weather and flood events declared under ARGN 1030 and/or AGRN 1034
• projects that do not relate to the repair, restoration or betterment of community infrastructure
• projects for the primary purpose of waste clean-up and/or make-safe works
• projects that would be more appropriate under other government funding
• projects that would fund the day-to-day operations and/ or business as usual activities of the organisation
• projects that require ongoing funding from the NSW Government
• projects which have a sole focus on erosion and sedimentation management including riverbank areas**
• projects that are not aligned to the objective of the CAP
• projects whose activities are explicitly of a commercial nature.

* Applicants must seek to claim insurance on asset repairs where relevant prior to seeking Government funding. If an asset owner has not made an insurance claim, the applicant must justify why not. If an asset received a part insurance payout, the unclaimed/uncovered/uninsured component only will be considered under the CAP program.

** except where the erosion and sediment management project relate directly to the repair, restoration and/or betterment of an eligible community asset.

The Department recognises that the compounding issues of multiple disaster events has resulted in escalating delivery and material costs for infrastructure projects.

Applicants are encouraged to include both contingency and cost escalation costs up to 20% and project management costs of up to 10% of the funding requested. This will support the viability of projects submitted. Applicants are required to quantify and qualify these costs within the application.

• total and/or partial project costs already covered by insurance and/or funded through other Australian and NSW Government programs
• costs for the primary purpose of waste clean- up and/or make-safe works for directly damaged community infrastructure
• repayment of existing debts or budget deficits
• financing of budget deficits or insurance
• administrative, overhead, operational and/or maintenance costs not related to the project
• improvements or repairs to residences
• business as usual and/or explicitly commercial activities
• salary/wages and on-costs for existing, budgeted employees – unless the work is project specific and above and beyond their business-as-usual remit
• costs related to buying or upgrading non–fixed equipment or supplies unless it is a small component (less than 5%) of a larger fixed project
• costs related to new state or local government infrastructure that did not exist prior to the eligible disaster
• costs spent for assets not located in eligible LGA’s
• costs that require recurrent or ongoing funding from the NSW Government.

• the assessment panel may consider broader factors to support the overall recovery package in making any funding recommendations:
  • priority of a project(s) to the broader community and level of support for the project(s) beyond the applicant organisation
  • quantum of funding available
  • suitability of projects for other government funding opportunities
  • alignment with existing Australian and NSW Governments, and/or local regional policies, projects, and strategies (where relevant).

Visit SmartyGrants to submit an application.

Applicants will receive a confirmation email once their application has been submitted.

Applications may be re-opened at the discretion of the Department to gather further information needed for the assessment of an application.

All applications must include:

• a clear project scope
• evidence of direct damage
• a project plan
• a project budget based on quotes or detailed estimates, reasonable assumptions, or previous experience with similar projects
• landowner consent
• evidence of current $20 million Public Liability Insurance in the name of the applicant
• evidence of strong community support for the project.

Where the above information has not been provided in the application, the Department reserves the right to consider the application to be non-conforming and set it aside from further consideration.

The Department will assess all submitted applications against the eligibility criteria identified in these guidelines. Where there is uncertainty or unintended outcomes arising from the eligibility requirements, the Department will take a discretionary approach that, in its opinion, best achieves the objectives of the grant program.

The Department will recommend eligible projects be assessed by the assessment panel. Final eligibility determinations will be made at the discretion of the assessment panel, based on advice and recommendations from the Department.

Any ineligible applications received may not be considered for further assessment.

The relevant assessment team within the Department will assess eligible applications against the assessment criteria outlined in these guidelines. The Department may ask applicants to provide additional information to assist in the assessment process.

Subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects. Confidentiality will be maintained throughout the process. Applications will be moderated and reviewed by an assessment panel convened by the Department to ensure consistency in assessment.

Senior representatives from the Department (Chair), NSW Reconstruction Authority and an Independent Panel Member(s) will be selected to sit on the assessment panel.

The assessment panel will assess each application on its alignment with the assessment criteria and may seek further subject matter expert advice.

Funding recommendations for each LGA will be made by the assessment panel based on the assessment criteria and on the level of impact experienced from the severe weather and flood events declared under AGRN 1030 and/or AGRN 1034 that occurred from August 2022.

The assessment panel may at its discretion recommend:

• a project be part-funded
• additional unallocated funding to a project to bolster asset betterment or deliver better outcomes for the community within the CAP criteria
• a project conditionally on the basis that an external, professional project management service be engaged for the project to ensure appropriate affordability and deliverability of recommended projects
• projects be referred to other funding programs in the Australian or NSW Government for consideration.

The assessment panel at its discretion may also refer an ineligible project to another suitable fund (where applicable). In this instance, it would be the responsibility of the applicant to ensure that any project or application submitted for another funding program is submitted in accordance with the requirements for that fund.

The decision maker for the grant is the Minister for Regional NSW.

The decision maker will review the availability of grant funds and the assessment panel’s recommendations before deciding which grant applications to approve. The decision maker may take other factors into account that may make an application ineligible for funding, including issues that could cause reputational or other risks to the NSW Government.

The decision maker’s decision is final in all matters, including:

• the approval of the grant
• the grant funding amount to be awarded
• the terms and conditions of the grant.

There is no appeal mechanism for decisions to approve or not approve a grant.

Independent probity advisors will provide guidance to the Department on any issues concerning integrity, fairness and accountability that may arise throughout the application, assessment, and decision-making process. This will ensure decisions are made with integrity, fairness and accountability, while delivering value for money for NSW and that the grant program is undertaken in a manner consistent with the NSW Government Grants Administration Guide (September 2022).

Notification and announcement

Successful applicants will be notified in writing of the outcome of their application. Successful applicants will be required to enter into a funding deed with the NSW Government for each successful application prior to receiving funds. Unsuccessful applicants will be offered an opportunity to be provided with feedback on their application.

Funding deed

Successful applicants will be required to enter into a funding deed with the NSW Government.

• The NSW Government makes no binding funding commitment to a successful applicant unless and until both parties sign a funding deed.
• Successful applicants must not make financial commitments for funded activities until funding deeds have been executed by both parties.
• The first grant payment will be made once all required documentation has been provided to, and approved by the Department, through forms provided in the online portal and the funding deed has been signed by both parties.
• Grants will be paid via milestone payments set out in the funding deed. Timing and requirements will vary at the Department’s discretion, depending on the scope and risk of the project. Evidence of expenditure will be required to claim instalments and acquit eligible costs.
• Successful applicants may be required to submit progress reports to the NSW Government as outlined in the funding deed.
• Requests for variations or changes to the project will only be considered in limited circumstances and will require assessment and approval by the Department prior to works being undertaken.

Confidentiality

Applicants must keep funding decisions and assessment outcomes confidential until announced by the NSW Government or the applicant is advised that announcement can proceed. Successful applicants will be required to provide a confidentiality undertaking. This means they must keep the outcome of the application process confidential until the Australian and NSW Governments makes a public announcement.

Upon entering into a funding deed, details about the funding deed may be made publicly available (subject to information which the Department/Agency deems to be commercial in confidence).

The applicant agrees not to disclose any confidential information pertaining to the grant program application or funding deed without prior written consent of the Department.

Applicants should note the following:

• Requests for variations or changes to the project will only be considered in limited circumstances.
• All awarded grants will be GST exclusive as GST in not payable on payments between Government entities.
• Grants are assessable income for taxation purposes, unless exempted by taxation law. It is recommended applicants seek independent professional advice about taxation obligations or seek assistance from the Australian Taxation Office. The NSW Government does not provide advice on individual taxation circumstances.
• Successful applicants will be required to participate in a program evaluation to determine the extent to which their projects have contributed to the objective of the fund. The evaluation will require applicants to provide evidence of how projects have resulted in a measurable outcomes and benefits that are consistent with the objective of the fund.
• Any information submitted by an applicant may be used for promotional material prepared by the NSW Government in consultation with the Australian Government, if the applicant is successful.
• The NSW Government may choose to publicly announce funding for individual applications. It may also use non-identifying information provided in the funding deed to develop case studies.
• The Department reserves the right to undertake an audit of grant funding within a period seven (7) years from the signing of the funding deed.
• Applicants must advise the Department of any changes to their legal status or of changes or delays to their project.

• Each announced project will be publicly acknowledged by both the Australian and NSW Governments as required under Disaster Recovery Funding Arrangements.
• All recipients of funding must appropriately acknowledge and recognise that the project is jointly funded by the Australian Government and the NSW Government under the Disaster Recovery Funding Arrangements. (Acknowledgement Guidelines for funding recipients is available at nsw.gov.au/branding/sponsorship-and-funding-acknowledgment-guidelines.)

Unsuccessful applicants will be notified in writing of the outcome of their application and will be offered a feedback information session.

Frequently asked questions and other resources to assist with applications are available at: Community Assets Program 2024.

If you require assistance or advice with your application, please contact floods.recovery@regional.nsw.gov.au or 1300 679 673 for a referral to the appropriate team.

Where support services are made available, applicants will be ultimately responsible for the quality, scoping, submission, and delivery of projects.

The following list provides examples of the different types of support that may be provided. The Department will consider other activities not listed in consultation with the applicant.

Examples of assistance that may be provided in consultation with an applicant include:

• development of project scope including intended outcomes and deliverables
• assistance with navigating application submission through SmartyGrants
• development of project implementation plans as per the agreed project scope.

Please check with the Department prior to submitting if you are unclear about any aspect of the application.

The Department of Regional NSW and applicant support partnership will continue during project delivery, which will include the Department and specialist technical staff assisting eligible applicants in the management of project design, delivery, and assurance.

Applicants should be aware that information submitted in applications and all related correspondence, attachments and other documents may be made publicly available under the Government Information (Public Access) Act 2009 (NSW). Information that is deemed to be commercially sensitive will be withheld.

The Government Information (Public Access) Act 2009 (NSW) makes government information accessible to the public by: 

• requiring government agencies to make certain sorts of information freely available
• encouraging government agencies to release as much other information as possible
• giving the public an enforceable right to make access applications for government information
• restricting access to information only when there is an overriding public interest against disclosure.

Any concerns about the Fund or individual applications should be submitted in writing to contact@regional.nsw.gov.au. If you do not agree with the way the Department of Regional NSW handled the issue, you may wish to contact the NSW Ombudsman via ombo.nsw.gov.au.

Applicants must not participate in any anti-competitive conduct.

It is a condition of the grant program application process that no gifts, benefits, or hospitality are to be made to any Department/Agency employee at any time. Any inducement in contravention of this condition may result in an applicant’s proposal not being considered.

There may be a requirement for a conflict-of-interest declaration to be submitted with all proposals or in the application form.

Where a conflict-of-interest detrimental to the assessment process is identified, mitigation measures must be put in place, or an individual may be asked not to participate in the application, assessment, or delivery stage of the process.

The Department may, in its absolute discretion, and without limiting any other right which the Department may have, do all or any of the following at any time without giving notice or reasons:

• require additional information from an applicant
• change any of the requirements of these Guidelines
• alter or vary any process, procedure or timing related to the grant opportunity, including any process, procedure or timing regarding the consideration or the evaluation of any proposal or all applications
• suspend or terminate the grant opportunity
• negotiate with one or more preferred applicants without prior notice to any other applicant
• terminate any negotiations being conducted with any applicant
• readvertise for new applicants
• consider any non-conforming application
• terminate further participation in the grant opportunity by any applicant for any reason (including if the department reasonably considers an application to contain any false or misleading claims or statements)
• disclose the grant being awarded on the NSW Grant Finder website within 45 days of the funding deed being executed. not proceed with any funding deed or
• proceed with a funding deed in ways not contemplated in these Guidelines.

All intellectual property rights in these guidelines remain the property of the Department. Applicants are permitted to use these guidelines for the purpose of preparing an application only. Applicants must not use these guidelines, or any information contained in these guidelines for any other purpose.

Applications submitted in response to these guidelines remain the property of the applicant, unless otherwise agreed between the applicant and the department. The applicant agrees that the department may make copies and reproduce applications for any purpose related to the grant opportunity. In addition, the department will retain (electronic and hard) copies of all applications.

These Guidelines are not an offer, recommendation or invitation by the Department in respect of any contract or commitment and, subject to a funding deed being fully executed by the parties to it, nothing in these guidelines will form the basis of any contract or commitment.

The department may, in its absolute discretion, issue an addendum to these guidelines. In each case, an addendum becomes part of these guidelines.

The Department does not guarantee or warrant and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained in this publication. Information in this publication is provided as general information only and is not intended as a substitute for advice from a qualified professional.

The Department recommends that users exercise care and use their own skill and judgment in using information from this publication and that users carefully evaluate the accuracy, currency, completeness, and relevance of such information. Users should take steps to independently verify the information in this publication and, where appropriate, seek professional advice.

These Guidelines are subject to change at any time at the sole discretion of the Department.