2006
2006
2006-12-04
act
government
publicspecial
act.reprint
allinforce
2006-02-28
2006-02-28
1
2006-12-04
act-2006-120
2006
none
act-2006-008
d8ba4f8e-d841-42ac-af37-61542b812170
67d3311e-1477-4f5e-a915-f666a002608c
Note—
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act (No 2)
2006 No 120 with effect from
4.12.2006.
An Act to amend the Environmental Planning and Assessment Act
1979 with respect to development contributions and to
planning administrators and panels; to amend the Growth
Centres (Development Corporations) Act 1974 with respect
to development corporations; to amend the Redfern–Waterloo Authority Act
2004 with respect to development consent and the transfer
of land; and for other purposes.
1Name of
Act
This Act is the Environmental
Planning and Assessment Amendment Act
2006.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of
Acts
The Acts specified in Schedules 1–4 are
amended as set out in those Schedules.
Schedule 1Amendment of Environmental Planning and Assessment Act 1979 No
203 with respect to contributions
(Section 3)
[1]Section 75R Application of
other provisions of Act
Insert “, 94EF” after “94,
94A” in section 75R (4).
[2]Section 80A Imposition of
conditions
Insert “, 94EF” after “94,
94A” in section 80A (1) (h).
[3]Section 93C
Definitions
Insert in alphabetical order:
development corporation means a
development corporation constituted under Part 2 of the Growth
Centres (Development Corporations) Act
1974.
growth
centre has the same meaning as it has in the Growth Centres (Development Corporations) Act
1974.
special
contributions area means land for the time being described
in Schedule 5A.
[4]Section 93E Provisions
relating to money etc contributed under this Division (other than Subdivision
4)
Insert “(other than Subdivision 4)”
after “this Division” wherever occurring in section 93E (1), (2)
and (3).
[5]Section 93F Planning
agreements
Omit “or 94A” from section 93F (3)
(d). Insert instead “, 94A or 94EF”.
[6]Section 93F
(5A)
Insert after section 93F (5):
(5A)
A planning authority, other than the Minister, is
not to enter into a planning agreement excluding the application of section
94EF without the approval of:
(a)
the Minister, or
(b)
a development corporation designated by the
Minister to give approvals under this subsection.
[7]Part 4, Division 6,
Subdivision 3, heading
Omit the heading. Insert instead:
Subdivision 3Local infrastructure
contributions
[8]Section 94A Fixed development
consent levies
Insert after section 94A (2):
(2A)
A consent authority cannot impose a condition
under this section in relation to development on land within a special
contributions area without the approval of:
(a)
the Minister, or
(b)
a development corporation designated by the
Minister to give approvals under this subsection.
[9]Section 94D Section 94 or 94A
conditions imposed by Minister or Director-General in growth centres
etc
Omit section 94D (5).
[10]Part 4, Division
6
Omit the heading to Subdivision
4.
[11]Section 94EA Contributions
plans—making
Insert “(other than Subdivision 4)”
after “Division” in section 94EA (1).
[12]Section 94EA
(2A)
Insert after section 94EA (2):
(2A)
A contributions plan does not authorise the
imposition of a condition under section 94 on a grant of development consent
if the public amenities or public services to which that condition relates
are, in whole or in part, infrastructure provided, or to be provided, in
relation to the development out of contributions collected under Subdivision
4.
[13]Section 94EA
(4)
Insert after section 94EA (3):
(4)
A council is, as soon as practicable after
approving a contributions plan, to provide the Minister with a copy of the
plan.
[14]Section
94EAA
Insert after section 94EA:
94EAAContributions
plans—making, amendment or repeal by Minister
(1)
The Minister may direct a council, in writing, to
approve, amend or repeal a contributions plan in the time and manner specified
in the direction.
(2)
The Minister may make, amend or repeal a
contributions plan if:
(a)
a council fails to approve, amend or repeal the
plan in accordance with a direction of the Minister under this section,
or
(b)
a council consents in writing to the Minister
making, amending or repealing the plan.
The plan, the amended plan or the repeal of the
plan has effect as if it had been approved, amended or repealed by the
council.
(3)
The Minister in making, amending or repealing a
contributions plan under this section is not subject to the
regulations.
(4)
A person cannot appeal to the Court under this
Act in respect of:
(a)
the making, amending or repealing of a
contributions plan by or at the direction of the Minister under this section,
or
(b)
the reasonableness in the particular
circumstances of a condition under section 94 that is determined in accordance
with any such contributions plan,
despite section 94B (3) or any other provision of this
Act.
[15]Part 4, Division 6,
Subdivisions 4 and 5
Insert after section 94EC:
Subdivision 4Special infrastructure
contributions
94EDProvision of
infrastructure
(1)
In this Subdivision, a reference to the provision
of infrastructure includes a reference to:
(a)
the provision, extension and augmentation of (or
the recoupment of the cost of providing, extending or augmenting) public
amenities or public services, affordable housing and transport or other
infrastructure relating to land, and
(b)
the funding of recurrent expenditure relating to
the provision, extension and augmentation of public amenities or public
services, affordable housing and transport or other infrastructure,
and
(c)
the conservation or enhancement of the natural
environment,
but does not include a reference to water supply or
sewerage services.
(2)
Subject to section 94EE (2) (c), infrastructure
may be regarded as being provided in relation to development whether or not
the infrastructure is provided on land within a special contributions
area.
94EEMinister to determine
development contributions
(1)
The Minister is, subject to the regulations (if
any), to determine the level and nature of development contributions to be
imposed as conditions under this Subdivision for the provision of
infrastructure in relation to a development or a class of
development.
(2)
In determining the level and nature of
development contributions:
(a)
the Minister is, as far as reasonably
practicable, to make the contribution reasonable having regard to the cost of
the provision of infrastructure in relation to the development or class of
development, and
(b)
if the cost of that infrastructure exceeds $30
million—the Minister is to consult the Treasurer,
and
(c)
the Minister is not to take into account
infrastructure provided on land other than that within the relevant special
contributions area, unless, in the opinion of the Minister, the provision of
the infrastructure on such land arises as a result of the development or as a
result of a class of development of which the development forms a
part.
(3)
Despite subsection (2), the Minister may, if he
or she sees fit, determine the level and nature of development contributions
in the form of a levy of a percentage of the proposed cost of carrying out
development or any class of development.
(4)
In determining the level and nature of
development contributions to be imposed as conditions under this Subdivision
for development within a particular special contributions area (other than a
growth centre), the Minister is to do one or more of the following:
(a)
consult with owners of land in the special
contributions area and other relevant stakeholders,
(b)
publicly exhibit a proposal in relation to the
level of development contributions and seek submissions within a reasonable
time in relation to that proposal,
(c)
establish a panel that, in the Minister’s
opinion, represents the interests of the various relevant stakeholders and
consult with that panel.
(5)
The determination of the Minister:
(a)
is to contain reasons for the level and nature of
the development contributions, and
(b)
is to be made publicly available by the
Minister.
(6)
A person cannot appeal to the Court under this
Act in respect of a determination of the Minister under this
section.
94EFSpecial infrastructure
contributions
(1)
The Minister may direct a consent authority, in
relation to development or class of development on land within a special
contributions area, to impose a condition (determined in accordance with
section 94EE) on a grant of development consent in relation to that
land.
(2)
If the Minister is the consent authority, the
Minister may impose a condition referred to in subsection (1) without giving a
direction under that subsection.
(3)
A consent authority to which a direction is given
under this section must comply with the direction in accordance with its
terms. If the consent authority fails to do so, the Minister may impose the
condition, and it has effect as if it had been imposed by the consent
authority.
(4)
A condition imposed under this section is in
addition to any condition that the consent authority may impose under section
94 or 94A in relation to the development.
(5)
The consent authority may, subject to the consent
of the Minister, accept:
(a)
the dedication of land in part or full
satisfaction of a condition imposed in accordance with this section,
or
(b)
the provision of a material public benefit (other
than the dedication of land or the payment of a monetary contribution) in part
or full satisfaction of a condition imposed in accordance with this
section.
(6)
A person cannot appeal to the Court under this
Act in respect of a direction of the Minister, or a condition imposed by a
consent authority or the Minister, under this section.
(7)
A condition imposed by a consent authority or the
Minister under this section cannot be modified without the approval of the
Minister.
94EGMinister may make, amend or
repeal special contributions areas
(1)
The Minister may, by order published in the
Gazette, amend Schedule 5A for the purpose of:
(a)
creating a special contributions area,
or
(b)
repealing a special contributions area,
or
(c)
changing a special contributions
area.
(2)
Any such order may contain savings and
transitional provisions.
(3)
Any such order takes effect on the day that it is
published in the Gazette or such later date as may be specified in the
order.
(4)
Before creating a special contributions area
(other than a growth centre), the Minister is to consult with the peak
industry organisations that the Minister considers to be
relevant.
94EHLand contributed under this
Subdivision
The Minister may direct a consent authority to
sell all or part of any land it receives under this Subdivision or to transfer
any such land to a public authority that is to provide, or has provided,
infrastructure in relation to:
(a)
the development to which the land relates,
or
(b)
the class of development to which that
development belongs.
Subdivision 5Establishment of Special
Contributions Areas Infrastructure Fund
94EIDefinition
In this Subdivision:
the
Fund means the Special Contributions Areas Infrastructure
Fund established under section 94EJ.
94EJEstablishment of
Fund
(1)
There is to be established in the Special
Deposits Account a fund called the Special Contributions Areas Infrastructure
Fund.
(2)
The Fund is to be administered by the
Director-General. The Director-General is to consult the Secretary of the
Treasury in relation to the administration of the Fund.
94EKPayments into
Fund
The following is to be paid into the Fund:
(a)
monetary contributions received by a consent
authority under Subdivision 4,
(b)
the proceeds of the sale of any land received by
a consent authority under Subdivision 4,
(c)
any money appropriated by Parliament for the
purposes of the Fund,
(d)
the proceeds of the investment of money in the
Fund,
(e)
any other money required to be paid into the Fund
by or under this or any other Act or the regulations under this
Act.
94ELPayments out of
Fund
(1)
The following is to be paid from the Fund:
(a)
payments to public authorities for the provision
of infrastructure in relation to development,
(b)
any money required to meet administrative
expenses in relation to the Fund,
(c)
all other money directed or authorised to be paid
from the Fund by this Act or by the regulations under this
Act.
(2)
The assets of the Fund can only be applied for
the purposes referred to in subsection (1).
94EMInvestment of money in
Fund
The money in the Fund may be invested:
(a)
in such manner as may be authorised by the
Public Authorities (Financial Arrangements) Act
1987, or
(b)
if that Act does not confer power on the
Department to invest the money, in any other manner approved by the
Treasurer.
[16]Section 94F Conditions
requiring land or contributions for affordable housing
Insert after section 94F (5):
(6)
A condition is not to be imposed under this
section in relation to development that is within a special contributions area
(within the meaning of Division 6).
[17]Schedule
5A
Insert after Schedule 5:
Schedule 5ASpecial contributions
areas
(Sections 93C and 94EG
(1))
1
land within any growth
centre
[18]Schedule 6 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Environmental
Planning and Assessment Amendment Act
2006
[19]Schedule
6
Insert at the end of the Schedule with
appropriate Part and clause numbers:
PartProvisions consequent on
enactment of Environmental Planning and Assessment
Amendment Act 2006
Definition
In this Part:
amending
Act means the Environmental
Planning and Assessment Amendment Act
2006.
Contributions
plans
Section 94EA (2A), as inserted by the amending
Act, does not affect a condition imposed under section 94 before the
commencement of section 94EA (2A) and any such condition continues to have
effect as if that subsection had not commenced.
Contributions for affordable
housing
Section 94F (6), as inserted by the amending Act,
does not affect a condition imposed under section 94F before the commencement
of section 94F (6) and any such condition continues to have effect as if that
subsection had not commenced.
Review
(1)
The Minister is to review Subdivision 4 of
Division 6 of Part 4 of this Act to determine whether the policy objectives of
that Subdivision remain valid and whether the terms of this Act remain
appropriate for securing those objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 3 years from the date of assent to the amending
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 3 years.
Schedule 2Miscellaneous amendments to
Environmental Planning and Assessment Act 1979 No
203
(Section 3)
[1]Section
74F
Insert after section 74E:
74FMinister may direct councils
with respect to development control plans
(1)
The Minister may, subject to the regulations (if
any), direct a council to make, amend or revoke a development control plan in
the time and manner specified in the direction.
(2)
A council to which a direction is given under
this section must comply with the direction in accordance with its
terms.
(3)
If a council fails to comply with a direction of
the Minister under this section, the Minister may make, amend or revoke the
development control plan as if the Minister were the
council.
(4)
A development control plan made, amended or
revoked by the Minister under this section has effect, or ceases to have
effect as the case may be, as if it were made, amended or revoked by the
council.
(5)
The Minister in making, amending or revoking a
development control plan under this section is not subject to the
regulations.
(6)
Section 74C (2) does not apply to development
control plan made by or at the direction of the Minister under this
section.
[2]Section 117 Directions by the
Minister
Insert at the end of section 117 (2) (b):
, and
(c)
to provide the Minister, in the manner and at the
times specified in the direction, with reports, containing such information as
the Minister may direct, on the council’s performance in relation to
planning and development matters.
[3]Section 117
(4A)
Insert after section 117 (4):
(4A)
Before giving a direction under subsection (2)
(c), the Minister is to consult with the Local Government and Shires
Associations of New South Wales and any other industry organisation the
Minister considers to be relevant, in relation to the information that the
Minister is proposing to seek. This requirement is in addition to the
requirement under subsection (4).
[4]Part 6, Division
1AA
Omit section 118. Insert instead:
Division 1AAPlanning administrators and
panels
117CDefinitions
In this Division:
panel means a planning assessment
panel listed in Schedule 5B.
planning
administrator means a person appointed as a planning
administrator under section 118.
118Appointment of planning
administrator or panel
(1)
The Minister may appoint a planning administrator
or a panel (or both) to exercise functions of a council if:
(a)
the Minister is of the opinion that the council
has failed to comply with its obligations under the planning legislation,
or
(b)
the Minister is of the opinion that the
performance of a council in dealing with planning and development matters (or
any particular class of such matters) is unsatisfactory because of the manner
in which the council has dealt with those matters, the time taken or in any
other respect, or
(c)
the council agrees to the appointment,
or
(d)
a report referred to in section 74C of the
Independent Commission Against Corruption Act
1988 recommends that consideration be given to the
appointment because of serious corrupt conduct by any of the councillors in
connection with the exercise or purported exercise of functions conferred or
imposed on the council by or under this Act.
(2)
A planning administrator may be appointed to
exercise all or any particular function or class of functions of the council
under this Act.
(3)
A panel may be appointed to exercise only all or
any particular function or class of functions of the council:
(a)
as a consent authority under Part 4,
or
(b)
in relation to making of environmental planning
instruments under Part 3.
(4)
A panel may not exercise the functions of a
council for a continuous period of more than 5 years.
(5)
If a panel exercises the functions of a council
for a continuous period of more than 2 years, the Minister is, as soon as
practicable after 2 years after the date on which the panel was appointed, to
conduct a review of the appointment and functions of the
panel.
(6)
A review under subsection (5) is to be conducted
by the Minister in consultation with the Minister for Local Government, the
Local Government and Shires Associations of New South Wales and any other
industry organisation that the Minister considers to be
relevant.
(7)
A planning administrator or panel is to be
appointed by order of the Minister published in the
Gazette.
(8)
Before appointing a planning administrator or
panel, the Minister is to obtain the concurrence of the Minister for Local
Government.
(9)
The Minister may appoint a planning administrator
or a panel for a reason set out in subsection (1) (b) only if the Minister
has, by order published in the Gazette, provided heads of consideration for
the exercise of power under subsection (1) (b), and has taken those heads of
consideration into account.
(10)
The Minister may make an appointment under
subsection (1) (d) without conducting an inquiry but, in that case, the
Minister is to inquire into the matter as soon as practicable with a view to
confirming or revoking the appointment.
(11)
The Minister must, as soon as reasonably
practicable after appointing a planning administrator or a panel, make the
reasons for that appointment publicly available.
(12)
In this section:
failure
to comply with obligations under the planning legislation
includes:
(a)
a failure to carry into effect or enforce the
provisions of this Act, an environmental planning instrument or a direction
under section 55, 94E or 117, or
(b)
a failure to comply with the requirements of the
staged repeal program under section 33B with respect to the preparation or
making of a replacement local environmental plan.
serious
corrupt conduct means corrupt conduct (within the meaning of
the Independent Commission Against Corruption Act
1988) that may constitute a serious indictable offence,
being conduct in connection with the exercise or purported exercise of the
functions of a councillor.
118AAPlanning assessment
panels
(1)
The bodies listed in Part 1 of Schedule 5B from
time to time are established by this Act as planning assessment
panels.
(2)
A panel is a body corporate with the corporate
name specified in Part 1 of Schedule 5B.
(3)
A panel is a statutory body representing the
Crown and has the status, privileges and immunities of the
Crown.
(4)
A panel is to consist of such members (being not
less than 3 and not more than 5) as are appointed by the
Minister.
(5)
The members of the panel are to be persons who
together have, in the opinion of the Minister, relevant skills and knowledge
in planning and development matters.
(6)
The Minister is to appoint a member of the panel
as the chairperson of the panel.
(7)
Part 2 of Schedule 5B has effect with respect to
the members and procedure of panels.
(8)
A panel is, in the exercise of its functions,
subject to the control and direction of the Minister.
(9)
A panel is to provide the Minister with such
information and material as the Minister may require in relation to its
policies, programs and procedures.
(10)
Despite subsection (8), a panel is not subject to
the control of the Minister in determining a development
application.
(11)
The Minister may, by order published in the
Gazette, amend Part 1 of Schedule 5B for the purpose of:
(a)
establishing a panel, or
(b)
abolishing a panel, or
(c)
changing the name of a
panel.
(12)
Any such order may contain savings and
transitional provisions.
118ABFunction of a planning
administrator or panel
(1)
During the period of appointment, the planning
administrator or panel:
(a)
is to exercise the functions of the council under
this Act that are specified in the order of appointment,
and
(b)
is, in the exercise of those functions, taken to
be the council, and
(c)
is to exercise those functions to the exclusion
of the council except to the extent that the order of appointment provides
otherwise, and
(d)
is, in the exercise of those functions, to give
priority to particular functions to the extent that the order of appointment
so provides.
(2)
Despite subsection (1), a planning administrator
or panel is not to enter into contracts in the exercise of the planning
administrator’s or panel’s functions except:
(a)
with the consent of the Minister and the
concurrence of the Minister for Local Government, or
(b)
in the case of contracts for the appointment of
staff—with the authority conferred by a regulation made under section
118AF.
(3)
Subsection (1) has effect even if the appointment
of the planning administrator or panel is subsequently found not to have been
validly made.
118ACCosts of planning
administrator or panel
(1)
A council, the functions of which are exercised
by a planning administrator or panel, is to pay to the Director-General out of
the council’s consolidated fund, the remuneration and costs and expenses
of the planning administrator or panel.
(2)
The Minister may do either or both of the
following:
(a)
exempt a council from payment of all or part of
the remuneration and costs and expenses of the planning administrator or
panel,
(b)
resolve any dispute as to the amount of any such
remuneration, costs or expenses.
118ADCouncil to assist planning
administrator or panel
(1)
A council must, if directed to do so by the
Minister, provide any of the following with such staff, facilities and
documents as are specified in the direction:
(a)
a planning administrator or panel appointed to
exercise functions of the council,
(b)
a staff member of any such planning administrator
or panel,
(c)
a member of any such
panel.
(2)
A member of a council, or a member of staff of a
council, must not obstruct any of the persons in subsection (1) (a)–(c)
in the exercise of his or her functions under this Division.
Maximum penalty: 10 penalty
units.
(3)
Before giving a direction under subsection (1),
the Minister is to consult with the Minister for Local
Government.
118AEAnnual report on activities of
planning administrators and panels
The Director-General is, in the annual report of
the Department, to report on the activities of planning administrators and
panels during the period covered by the annual report, including:
(a)
the financial activities of planning
administrators and panels, and
(b)
the exercise of council functions by planning
administrators and panels.
118AFRegulations
The regulations may make provision for or with
respect to the appointment and functions of a planning administrator or panel
and, in particular, for or with respect to:
(a)
the accommodation, if any, to be provided at the
offices of the council for the planning administrator or panel and any other
persons assisting the planning administrator or panel in the exercise of the
planning administrator’s or panel’s functions,
and
(b)
the appointment of staff by the planning
administrator or panel to assist in the exercise of the planning
administrator’s or panel’s functions.
[5]Schedule
5B
Insert before Schedule 6:
Schedule 5BPlanning assessment
panels
(Section 118AA)
Part 1Panels
Part 2Provisions relating to
panels
Division 1General
1Definitions
In this Part:
chairperson means the person
appointed by the Minister as the chairperson of the panel.
deputy
chairperson means the deputy chairperson of the
panel.
member means a member of the
panel.
panel means a planning assessment
panel listed in Part 1.
Division 2Members
2Terms of office of
members
(1)
Subject to this Part and the regulations, a
member holds office for such period (not exceeding 3 years) as is specified in
the member’s instrument of appointment.
(2)
The period under subclause (1) may be determined
by reference to the occurrence of a specified event.
3Basis of
office
The office of a member is a part-time
office.
4Remuneration
A member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the member.
5Deputies
(1)
The Minister may, from time to time, appoint a
person to be the deputy of a member, and may revoke any such
appointment.
(2)
In the absence of a member, the member’s
deputy may, if available, act in the place of the
member.
(3)
While acting in the place of a member, a person
has all the functions of the member and is taken to be a
member.
(4)
A person may be appointed as the deputy of 2 or
more members, but has only one vote at any meeting of the
panel.
(5)
This clause does not operate to confer on the
deputy of a member who is the chairperson or deputy chairperson the
member’s functions as chairperson or deputy
chairperson.
6Vacancy in office of
member
(1)
The office of a member becomes vacant if the
member:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
is removed from office by the Minister under this
clause, or
(e)
is absent from 3 consecutive meetings of the
panel of which reasonable notice has been given to the member personally or by
post, except on leave granted by the panel or unless the member is excused by
the panel for having been absent from those meetings, or
(f)
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit, or
(g)
becomes a mentally incapacitated person,
or
(h)
is convicted in New South Wales of an offence
that is punishable by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if committed in New
South Wales, would be an offence so punishable.
(2)
The Minister may remove a member from office for
any or no reason and without notice.
7Filling of vacancy in office
of member
If the office of a member becomes vacant, a
person is, subject to this Act and the regulations, to be appointed to fill
the vacancy.
8Chairperson and deputy
chairperson
(1)
A panel may elect a deputy chairperson from among
its members.
(2)
The chairperson or deputy chairperson vacates
office as chairperson or deputy chairperson if he or she:
(a)
is removed from that office by the Minister or
the panel under this clause, or
(b)
resigns that office by instrument in writing
addressed to the Minister, or
(c)
ceases to be a member of the relevant
panel.
(3)
The Minister may at any time remove the
chairperson or deputy chairperson from office as chairperson or deputy
chairperson.
(4)
A panel may at any time remove the deputy
chairperson of the panel from office as deputy
chairperson.
9Disclosure of pecuniary
interests
(1)
If:
(a)
a member has a direct or indirect pecuniary
interest in a matter being considered or about to be considered at a meeting
of the panel, and
(b)
the interest appears to raise a conflict with the
proper performance of the member’s duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant
facts have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the panel.
(2)
A disclosure by a member at a meeting of a panel
that the member:
(a)
is a member, or is in the employment, of a
specified company or other body, or
(b)
is a partner, or is in the employment, of a
specified person, or
(c)
has some other specified interest relating to a
specified company or other body or to a specified
person,
is a sufficient disclosure of the nature of the interest
in any matter relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3)
Particulars of any disclosure made under this
clause must be recorded by the panel in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the panel.
(4)
After a member has disclosed the nature of an
interest in any matter, the member must not, unless the Minister or the
relevant panel otherwise determines:
(a)
be present during any deliberation of the panel
with respect to the matter, or
(b)
take part in any decision of the panel with
respect to the matter.
(5)
For the purposes of the making of a determination
by a panel under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a)
be present during any deliberation of the panel
for the purpose of making the determination, or
(b)
take part in the making by the panel of the
determination.
(6)
A contravention of this clause does not
invalidate any decision of a panel.
10Effect of certain other
Acts
(1)
Chapter 2 of the Public Sector
Employment and Management Act 2002 does not apply to or in
respect of the appointment of a member.
(2)
If by or under any Act provision is made:
(a)
requiring a person who is the holder of a
specified office to devote the whole of his or her time to the duties of that
office, or
(b)
prohibiting the person from engaging in
employment outside the duties of that office,
the provision does not operate to disqualify the person
from holding that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as a
member.
11Personal
liability
A matter or thing done or omitted to be done by a
panel, a member of a panel or a person acting under the direction of a panel
does not, if the matter or thing was done or omitted to be done in good faith
for the purpose of executing this or any other Act, subject a member or a
person so acting personally to any action, liability, claim or
demand.
Division 3Procedure
12General
procedure
The procedure for the calling of meetings of a
panel and for the conduct of business at those meetings is, subject to this
Act, the regulations and the order appointing the panel, to be as determined
by the panel.
13Quorum
The quorum for a meeting of a panel is a majority
of its members for the time being (including the chairperson or deputy
chairperson).
14Presiding
member
(1)
The chairperson of a panel (or, in the absence of
the chairperson, the deputy chairperson) is to preside at a meeting of the
panel.
(2)
The presiding member has a deliberative vote and,
in the event of an equality of votes, has a second or casting
vote.
15Voting
A decision supported by a majority of the votes
cast at a meeting of a panel at which a quorum is present is the decision of
the panel.
16Public
meetings
A panel may conduct its meetings in public, and
is required to do so for the conduct of any business that is required to be
conducted in public by the order appointing the panel or by any subsequent
order of the Minister.
17Transaction of business
outside meetings or by telephone
(1)
A panel may, if it thinks fit, transact any of
its business by the circulation of papers among all the members of the panel
for the time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the
panel.
(2)
A panel may, if it thinks fit, transact any of
its business at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any member
who speaks on a matter before the meeting can be heard by the other
members.
(3)
For the purposes of:
(a)
the approval of a resolution under subclause (1),
or
(b)
a meeting held in accordance with subclause
(2),
the chairperson of the panel and each member of the
panel have the same voting rights as they have at an ordinary meeting of the
panel.
(4)
A resolution approved under subclause (1) is,
subject to the regulations, to be recorded in the minutes of the meetings of
the relevant panel.
(5)
Papers may be circulated among the members for
the purposes of subclause (1) by facsimile or other transmission of the
information in the papers concerned.
18First
meeting
The Minister may call the first meeting of a
panel in such manner as the Minister thinks fit.
Schedule 3Amendment of Growth Centres (Development Corporations) Act
1974 No 49
(Section 3)
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
chief
executive means the chief executive of a development
corporation within the meaning of section 6 (1A).
[2]Section 3 (1), definition of
“Director-General”
Omit “Urban Affairs
and”.
[3]Section 3 (1), definition of
“member” and Schedule 2, clauses 9 (2) and 10
(4)
Omit “Director-General” wherever
occurring.
Insert instead “chief
executive”.
[4]Section 6 Provisions relating
to constitution and procedure of development corporation
Omit section 6 (1), (1A) and (1B). Insert
instead:
(1)
A development corporation is to consist
of:
(a)
not less than 4 persons appointed by the
Governor, and
(b)
the chief executive.
(1A)
The chief executive is to be:
(a)
a person appointed by the Minister,
or
(b)
if from time to time no such person is appointed,
the Director-General.
(1B)
The chief executive is responsible for managing
the affairs of the development corporation subject to and in accordance with
any directions given to the chief executive by the development
corporation.
(1C)
The chief executive may be represented at any
meeting of a development corporation by a person nominated for the time being
by the chief executive. In so representing the chief executive, the person
nominated has and may exercise and perform the same powers, authorities,
duties and functions as the chief executive has at any meeting of a
development corporation (including voting rights), and is taken to be the
chief executive.
[5]Section
23
Insert after section 22:
23Development corporation to
prepare annual statement of business intent and other plans and
reports
(1)
A development corporation is to prepare an annual
statement of business intent and submit that statement to the Minister and the
Treasurer at such times as the Minister directs.
(2)
A statement of business intent is to set out the
business plan of the development corporation over the following year (or other
period as may be required by the Minister) and is to include each of the
following:
(a)
the objectives of the
corporation,
(b)
the intended nature of its activities, including
the intended scope of those activities,
(c)
the corporation’s performance
targets,
(d)
the corporation’s accounting and reporting
policies and practices,
(e)
details of the corporation’s activities in
connection with determining, allocating and administering contributions under
Divisions 6 and 6A of Part 4 of the Environmental
Planning and Assessment Act 1979,
(f)
any other matter required by the
Minister.
(3)
A development corporation is to prepare and
submit to the Minister and Treasurer such other statements, reports and plans
as may be specified in writing by the Minister.
(4)
If the Minister or the Treasurer is not satisfied
with a statement, report or plan submitted under this section, the Minister
may direct the relevant development corporation to amend and resubmit the
statement, report or plan in the manner and time
specified.
[6]Schedule 2 Provisions relating
to the constitution and procedure of development
corporations
Omit clause 6 (1) (b).
[7]Schedule 6 Savings,
transitional and other provisions
Omit clause 1. Insert instead:
1References to General Manager
and Director-General
(1)
A reference in any other Act or statutory
instrument, or in any other instrument, or in any contract or agreement, to
the General Manager of a corporation is to be construed:
(a)
before the commencement of Schedule 3 [4] to the
Environmental Planning and Assessment Amendment Act
2006—as a reference to the Director-General,
and
(b)
on or after that date—as a reference to the
chief executive of that corporation.
(2)
A reference in any other Act or statutory
instrument, or in any other instrument, or in any contract or agreement, to
the Director-General, in respect of the Director-General’s
responsibilities as the chief executive of a development corporation, is, on
or after the commencement of Schedule 3 [4] to the Environmental Planning and Assessment Amendment Act
2006, to be construed as a reference to the chief
executive of that corporation.
[8]Schedule 6, clause
3
Omit the clause. Insert instead:
3Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
this Act
Growth Centres (Development
Corporations) Amendment Act 1992
Environmental
Planning and Assessment Amendment Act
2006
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Schedule 4Amendment of Redfern–Waterloo Authority Act 2004 No
107
(Section 3)
[1]Section 19 Transfer of land or
management of land of other public authorities
Insert after section 19 (1):
(1A)
The Minister administering the Crown Lands Act 1989 may transfer to the
Authority, subject to the terms and conditions agreed to between that Minister
and the Minister administering this Act, Crown land within the operational
area or the management of any such Crown land.
(1B)
Part 3 of the Crown Lands Act
1989 and sections 34 (3)–(5) and 35 of that Act do
not apply to any such transfer of Crown land.
[2]Section 19
(5)
Omit the definition of public authority. Insert in
alphabetical order:
Crown
land has the same meaning that it has in the Crown Lands Act 1989 but does not
include a Crown reserve within the meaning of section 34A of that
Act.
public
authority means a public authority constituted by or under
an Act, and includes:
(a)
a government department, and
(b)
a statutory body representing the Crown, a State
owned corporation within the meaning of the State Owned
Corporations Act 1989 and a subsidiary (within the meaning
of that Act), and
(c)
a member of staff or other person who exercises
functions on behalf of a public authority,
but does not include a council.
transfer of Crown land includes the
sale, lease, exchange or other disposal of or dealing with Crown land or the
grant of easements or rights-of-way over, or licences or permits in respect
of, Crown land.
[3]Section 19
(6)
Insert “or the Minister administering the
Crown Lands Act 1989” after
“public authority”.
[4]Section
27A
Insert after section 27:
27AAuthority as consent authority
under Part 4 of Environmental Planning and Assessment
Act 1979
(1)
This section applies to any development in the
operational area that is identified under the Environmental
Planning and Assessment Act 1979 as development requiring
consent under Part 4 of that Act and for which the Minister administering that
Act is to be the consent authority.
(2)
The Minister administering the Environmental Planning and Assessment Act
1979 may delegate to the Minister his or her functions as
the consent authority for any development to which this section
applies.
(3)
The Minister may subdelegate to the Authority, a
member of staff of the Authority or the Council of the City of Sydney his or
her functions as the consent authority for any development to which this
section applies.
[5]Section 28 Authority as
approval body for State infrastructure or other significant
projects
Insert “, a member of staff of the
Authority” after “Authority” in section 28
(3).
[6]Section 29 Heritage
matters
Omit “a project to which Part 3A of the
Environmental Planning and Assessment Act
1979 applies” from section 29 (1).
Insert instead “development to which Part 4
of the Environmental Planning and Assessment
Act 1979 applies (and for which a Minister is the consent
authority) or that is a project to which Part 3A of that Act
applies”.
[7]Section 29
(4)
Insert after section 29 (3):
(4)
The Minister may delegate the exercise of any
function of the Minister under this section (other than this power of
delegation) to the Authority or a member of staff of the
Authority.
[8]Section 30 Development
contributions for affordable housing
Omit section 30 (1). Insert instead:
(1)
This section applies to development:
(a)
that is carried out on land within the
operational area and that is development to which Part 4 of the Environmental Planning and Assessment Act
1979 applies (and for which a Minister is the consent
authority) or that is a project to which Part 3A of that Act applies,
or
(b)
that is carried out on land that was the former
Carlton United Brewery site at Broadway, Sydney, (being the site described in
the contributions plan referred to in section 32) and that is a project to
which Part 3A of that Act applies.
[9]Section 30
(1A)
Insert after section 30 (1):
(1A)
Despite subsection (1), this section does not
apply to land in a special contributions area within the meaning of Division 6
of Part 4 of the Environmental Planning and Assessment
Act 1979.
[10]Section 30
(2)
Insert “or under that Division”
before “as applied”.
[11]Section 30 (2) and
(5)
Omit “a project” wherever occurring.
Insert instead “development”.
[12]Section 31 Development
contributions (other than for affordable housing)
Omit “development that is a project to
which Part 3A of the Environmental Planning and Assessment
Act 1979 applies” from section 31
(1).
Insert instead “development to which Part 4
of the Environmental Planning and Assessment
Act 1979 applies (and for which a Minister is the consent
authority) or that is a project to which Part 3A of that Act
applies”.
[13]Section 31
(2)
Omit “The approval body may impose, as a
condition of approval in relation to a project”.
Insert instead “The consent authority or
approval body may impose, as a condition of development consent or approval in
relation to development”.
[14]Section 31
(4)
Omit “approval”. Insert instead
“approval or consent”.
[15]Section 31 (8)
(a)
Omit “the approval body cannot impose as a
condition of the same approval”.
Insert instead “the consent authority or
approval body cannot impose as a condition of the same consent or
approval”.
[16]Section 31 (8)
(a)
Insert “(other than section 94EF)”
after “that Division”.
[17]Section 32 Contributions plans
and payment of development contributions
Insert after section 32 (1):
(1A)
Any such contributions plan must not authorise
the imposition of a condition under section 31 of this Act or section 94 of
the Environmental Planning and Assessment Act
1979 on a grant of development consent if:
(a)
the development is on land within a special
contributions area within the meaning of Division 6 of Part 4 of that Act,
and
(b)
the public amenities or public services to which
that condition relates are, in whole or in part, infrastructure provided in
relation to the development out of contributions collected under Subdivision 4
of Division 6 of Part 4 of that Act.
[18]Schedule 4 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Environmental
Planning and Assessment Amendment Act
2006
[19]Schedule 4, Part
3
Insert after Part 2:
Part 3Provisions consequent on
enactment of Environmental Planning and Assessment
Amendment Act 2006
5Definition
In this Part:
amending
Act means the Environmental
Planning and Assessment Amendment Act
2006.
6Authority as consent
authority
Section 27A, as inserted by the amending Act,
applies to and in respect of a development application lodged before the
commencement of that section.
7Heritage
Section 29 (4), as inserted by the amending Act,
applies to and in respect of the following:
(a)
a development application lodged before the
commencement of that subsection,
(b)
development that has been declared, before the
commencement of that subsection, to be a project to which Part 3A of the
Environmental Planning and Assessment Act
1979 applies.
8Development contributions for
affordable housing
Section 30 (1A), as inserted by the amending Act,
does not affect a condition imposed, before the commencement of that
subsection, under Division 6A of Part 4 of the Environmental
Planning and Assessment Act 1979, and any such condition
continues to have effect as if that subsection had not
commenced.
9Contributions
plans
Section 32 (1A), as inserted by the amending Act,
does not affect a condition imposed, before the commencement of that
subsection, under section 31 of this Act or section 94 of the Environmental Planning and Assessment Act
1979, and any such condition continues to have effect as
if that subsection had not commenced.
Historical
notes
Table of amending
instruments
Environmental
Planning and Assessment Amendment Act 2006 No 8. Second
reading speech made: Legislative Assembly, 28.2.2006; Legislative Council,
8.3.2006. Assented to 3.4.2006. Date of commencement, 30.6.2006, sec 2 and GG
No 84 of 30.6.2006, p 4784.