Regional Economic Development and Community Investment Program Guidelines

Eligible applicants must be one of the following entities:

• a company incorporated in Australia
• an incorporated association or co-operative  
• a Local Government organisation (Committees under section 355 of the Local Government Act 1993 (NSW) must apply via the relevant council) 
• a NSW Joint Organisation of Councils or a Regional Organisation of Councils
• a Regional Development Australia Committee 
• an Aboriginal and Torres Strait Islander Corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006
• a Local Aboriginal Land Council
• the Lord Howe Island Board or an Unincorporated Far West Group including RDA Far West (in their capacity as service providers for eligible locations not covered by a local government entity)
• an Australian university.  

Eligible applicants must be able to provide evidence to demonstrate they:

• have an Australian Business Number (ABN)
• are financially solvent and not subject to any ongoing legal proceedings
• have at least $20 million public liability insurance or are willing to secure the insurance before entering into a funding deed if the application is successful.

Applicants must be able to demonstrate that the project:

• aligns with one of the Trust’s key focus areas 
• aligns with one or more of the objects of the Act as outlined within these guidelines
• has the required co-contribution, or has provided reasons why an exemption from the mandatory co-contribution is required
• will deliver regionally significant regional economic development outcomes, with regionally significant defined as improving outcomes in 2 or more LGAs. Exceptions can apply to remote and very remote areas or on a case-by-case basis. Please see Appendix A for a full list of remote and very remote areas. 

In addition, infrastructure projects must provide the following:

• evidence that the project is investment ready demonstrated through a completed business case. The business case can be completed using either the template provided or in another format provided the necessary information is included
• all necessary project and planning approvals at the time of application, or evidence that action to secure the required approvals has commenced and that the project can be delivered within the specified timeframe. If all necessary approvals are not in place at the time an application is submitted, funding deeds for successful projects will not be established until any approvals required for the project to commence are secured. If approvals are not secured within 12 months of the applicant signing the confidentiality undertaking on the letter of conditional offer of funding, the offer may be withdrawn at the discretion of the department.

Projects must be located in one of the 95 regional NSW Local Government Areas (LGAs), the Unincorporated Far West region or on Lord Howe Island. (See Appendix A for a detailed list of eligible locations). Projects located in the Sydney metropolitan area are ineligible.

Projects can be located on publicly owned land or on private land where there is a clear public benefit. If the applicant is not the owner of the land (or infrastructure) where the project will be located, landowner’s consent and/or access agreements will be required as part of the application.

Eligible project costs include:

• construction costs for infrastructure development, expansion or upgrades that would not be considered business-as-usual activities and operations 
• project management and project assurance support, including employment of project managers either directly or through outsourcing to an external organisation, up to 10% of the total eligible project costs being claimed under the grant
• contingency costs of up to 25% of the total eligible project costs being claimed under the grant to allow for any cost escalations (the total of all eligible project costs, project management and contingency costs being claimed must be within the maximum grant amount for the project type)
• the purchase of equipment that relates specifically to the delivery of the service or program
• the employment of staff or service providers to deliver the service or program only for the duration of the project.

As part of the assessment process, the department will consider whether the project, the applicant and its representatives and any partner organisations pose a reputational or other risk to the NSW Government. Projects and/or applicants found to be unsuitable due to reputational or other risks will be ineligible for funding.

The following applicant types are not eligible to apply:

• individuals
• sole traders
• legally binding partnerships
• trusts.

Projects that are not eligible for funding include those that:

• do not meet the minimum and maximum funding amount requirements
• are already funded or expecting to receive NSW Government funding, with the exception of new stages of a previously funded project or activity
• would be more appropriately funded under another NSW Government program
• have more than 50% of their funding request allocated to ineligible project costs
• are for planning purposes only
• require ongoing funding from the NSW or Australian Government to be financially viable.

Project costs that are not eligible for funding include:

• costs that would be considered business-as-usual activities and operations
• financing costs, including interest and debt financing
• information and communications technology (ICT) related costs that are not specifically related to the project and essential to its success
• costs related to rent and utilities unless specifically related to the project for the duration of the project
• development of strategies and reports
• insurance costs (applicants must hold and maintain adequate insurance coverage for any liability arising from their participation in the project)
• depreciation of plant and equipment
• buying or upgrading equipment that is not essential to the delivery of a service or program
• retrospective project costs already incurred prior to the executed funding agreement.

Projects that are assessed as eligible will be assessed to ensure the project is feasible and able to be delivered. Project feasibility will be assessed against the following criteria:

• provision of a realistic project budget with quotes, and/or detailed cost estimates
• provision of a detailed and realistic project management plan demonstrating the project can be completed in the required timeframe
• provision of a feasible and sustainable proposed operating model
• demonstrated project management experience and capacity (or ability access the necessary expertise and support) to deliver the project
• provision of a detailed risk management plan with risk mitigation strategies.

Projects that are assessed as eligible and feasible will be assessed by the Regional Development Advisory Council against the following merit-based assessment criteria (see Table 1).

Applicants must apply via SmartyGrants by clicking the 'apply now' button on the program's Grants and Funding Finder website.

• a completed business case (for infrastructure projects)
• a detailed project management plan
• a detailed project budget
• a detailed risk management plan
• landowner’s consent using the template provided (if required) 
• evidence of the required co-contribution for the project
• letters and comparable evidence of support for the project (if applicable).

Applicants must not include false or misleading information in their applications.

A conflict-of-interest declaration must be submitted with all applications.

Where a relevant conflict-of-interest is identified (by either an applicant or the department), the department will establish mitigation measures, which may include removing a person from participating in the application, assessment and/or delivery stage of the process.

Applicants will receive a notification of receipt once their application has been submitted.

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 program.

Final eligibility determinations will be made at the discretion of the department.

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

The department will then assess all eligible applications against the feasibility criteria.

Other subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects (if required). Confidentiality will be maintained throughout the process.

Only projects that score over 70% on the feasibility assessment can undergo merit-based assessment.

The Regional Development Advisory Council is an independent body appointed by the Minister for Regional NSW to provide advice on regional investment to ensure the interests of regional communities are at the centre of government decision making.

The department will undertake an initial merit-based assessment for applications that have been determined as eligible and feasible as part of the preliminary assessment stage. The initial merit-based assessment outcomes will be provided to the Regional Development Advisory Council for review.

The department may seek additional information to assist in the merit-based assessment process. The department will notify applicants if additional information and supporting material is required and the timeframes in which it is required.

Other subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects (if required). Confidentiality will be maintained throughout the process.

Following completion of the assessment process, the department will provide the eligibility and merit-based assessment outcomes and the recommendations of the Regional Development Advisory Council to the Minister for Regional NSW for final funding decisions.

The Regional Development Advisory Council may recommend partial funding for projects where only a component of the project is considered suitable and eligible. The Regional Development Advisory Council may also recommend specific funding condition(s), where appropriate.

The Regional Development Advisory Council can take the following broader factors into consideration when recommending projects as suitable for funding:

• total amount of funding available
• other factors that are deemed relevant and important in a local or whole of NSW context.

Advice may also be sought from other NSW Government agencies or other sources (such as probity advisors). 

Information on investments from the Trust will be included in the Annual Report, including where the decision-maker has departed from the recommendations of the Regional Development Advisory Council or the department.

The final decision maker is the Minister for Regional NSW.

The department will provide the decision maker with the eligibility and merit-based assessment outcomes and the Regional Development Advisory Council’s recommendations before deciding which applications to approve. The NSW Government typically receives far more applications than it can support. Applicants are not guaranteed funding even if the application is of high merit. 

Further, even if an application is successful, it may not be funded to the full amount requested.

The decision maker may take other factors into account that may result in an application being considered unsuitable for funding, including issues that could cause reputational or other risks to the NSW Government.

In limited circumstances, the decision maker may waive selection criteria, for example, where not doing so would lead to perverse or unfair outcomes; be contrary to the policy intent; or damage the reputation and integrity of the program.

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

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

Officials must seek probity advice for all grant opportunities that are complex, high-risk or high value to support the design, application, assessment and decision making. 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.

Successful applicants will be notified in writing via a Letter of Conditional Offer with Confidentiality Agreement. 

The contracting process will commence after the signed Letter of Conditional Offer with Confidentiality Agreement is returned to the department.

The department is required to publish information about grants awarded on the NSW Government Grants and Funding Finder.

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

To enter a funding deed, successful applicants will be required to confirm project information and provide a copy of all relevant and applicable insurances, project approvals (e.g. development approvals, landowner’s consent) and/or other supporting documentation relevant to the project or as requested by the Department, as part of the contracting process.

The funding deed will also include requirements for performance information on project outcomes to be reported back to the Department for the program evaluation.

The first 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 and the milestones agreed in the Deed are met.

The department makes no binding funding commitment to an applicant unless and until both parties sign a funding deed. Successful applicants must not make financial commitments until funding deeds have been executed 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 grant value and total project cost. 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.

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 NSW Government makes a public announcement.

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

The applicant agrees not to disclose any confidential information pertaining to the 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 and are at the discretion of the department
• All awarded grants will be GST exclusive. If a successful applicant is registered for GST, this will be applied on top of the agreed grant value when payment is made
• 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 pay back unspent funds or those funds which have not been spent in accordance with the funding deed
• 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 program. The evaluation will require applicants to provide evidence of how projects have resulted in measurable outcomes and benefits that are consistent with the objective of the program
• Any information submitted by an applicant may be used for promotional material prepared by the NSW 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
• All recipients of NSW Government funding must acknowledge this financial support as per the Funding Acknowledgement Guidelines for Recipients of NSW Government Grants
• The department reserves the right to undertake an audit of grant funding within a period 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.

Frequently Asked Questions and other resources to assist with applications are updated regularly at the Grants and Funding Finder. The Grants and Funding Finder should be considered the authoritative source of all information.

An online information session will be held during the application open period.

The department can assist applicants to develop strong applications. Please contact regionaldevelopmenttrust@dpird.nsw.gov.au including for a referral to your local Economic Development Manager or Regional Aboriginal Partnerships and Outcomes representative.

Please check with the department prior to submitting if you are unclear about any part of the application. Applicants should seek advice from their legal, business and financial advisers to determine the suitability of the funding before applying.

Any concerns about the fund or individual applications should be submitted in writing to regionaldevelopmenttrust@regional.nsw.gov.au. If you do not agree with the way the department handled the issue, you may wish to contact the NSW Ombudsman.

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.

Applicants must not participate in any anti-competitive conduct.

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

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:

• 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 where the applicant has engaged in conduct that might cause reputational damage to the NSW Government, or if the department reasonably considers an application to contain any false or misleading claims or statements)
• 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, and if successful, managing expenditure in accordance with these guidelines. Applicants must not use these guidelines, or any information contained in these guidelines for any other purpose.

Applications and information submitted in response to these guidelines may be used by the department for promotional material if successful, 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 are subject to a funding deed being fully executed by the parties involved.

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

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 when 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.

The following categories are taken from the Accessibility/Remoteness Index of Australia (ARIA+) which is the official classification of remoteness used by the Australian Bureau of Statistics (ABS).

• Bourke
• Balranald
• Bogan
• Brewarrina
• Carrathool
• Central Darling
• Cobar
• Coonamble
• Hay
• Lachlan
• Lord Howe Island
• Moree Plains
• Unincorporated Far West
• Walgett
• Warren
• Wentworth