An Act to constitute and confer functions on the Greater Sydney Commission and to provide for the constitution of planning panels for the Greater Sydney Region; to amend the Environmental Planning and Assessment Act 1979 to make provision in relation to strategic planning; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Greater Sydney Commission Act 2015.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:Chief Commissioner means the person appointed by the Minister as the Chief Commissioner of the Commission.Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of the Commission.Commission means the Greater Sydney Commission constituted under Part 2.District Commissioner means a member of the Commission appointed under section 6 (1) (b).ex-officio member means a member of the Commission referred to in section 6 (1) (c).function includes a power, authority or duty, and exercise a function includes perform a duty.Greater Sydney Commissioner means a member of the Commission appointed under section 6 (1) (a).Greater Sydney Region means the region comprising the local government areas within the boundary shown on the map in Schedule 1.Planning Act means the Environmental Planning and Assessment Act 1979.(2) Notes included in this Act do not form part of this Act.s 3: Am 2017 No 60, Sch 11.2 [1].
4 Amendment of area comprising Greater Sydney Region
The regulations may amend Schedule 1 to replace the map in that Schedule so as to extend or reduce the Greater Sydney Region.
Part 2 Greater Sydney Commission
Division 1 Constitution of Commission
5 Constitution of Commission
(1) There is constituted by this Act a body corporate with the corporate name of the Greater Sydney Commission.(2) The Commission is a NSW Government agency.Note—See section 13A of the Interpretation Act 1987.(3) The Commission is not subject to the control and direction of the Minister (except to the extent specifically provided for in this or any other Act).
6 Members of Commission
(1) The Commission is to consist of the following members:(a) 4 persons appointed by the Minister (the Greater Sydney Commissioners), each of whom has, in the opinion of the Minister, expertise in at least one of the following areas, namely, environmental sustainability, environmental science, sustainable design, strategic planning, infrastructure planning and delivery, architecture, urban design, traffic and transport, engineering, community development and services, local government, environmental planning law, social justice, property development, community engagement, economics, tourism or heritage,(b) each person appointed by the Minister to represent a district declared under section 75AB (b) of the Planning Act as a district in the Greater Sydney Region (the District Commissioners), being a person who has, in the opinion of the Minister, expertise in at least one of the following areas, namely, planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration,(c) the Secretary of each of the following (the ex-officio members):(i) the Department of Planning and Environment,(ii) the Department of Transport,(iii) the Treasury.(2) One of the Greater Sydney Commissioners is, by the instrument of the Commissioner’s appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chief Commissioner of the Commission.(3) Of the 3 other Greater Sydney Commissioners:(a) one is to be appointed by the Minister as the Commissioner with principal responsibility for the activities of the Commission to the extent they relate to environmental matters, and(b) one is to be appointed by the Minister as the Commissioner with principal responsibility for the activities of the Commission to the extent they relate to social matters, and(c) one is to be appointed by the Minister as the Commissioner with principal responsibility for the activities of the Commission to the extent they relate to economic matters.(4) Before appointing a person as a District Commissioner to represent a district in the Greater Sydney Region, the Minister is to seek the advice of the local council of each local government area in that district in relation to the proposed appointment. However, the Minister is not prevented from making an appointment if a local council fails to provide any such advice when requested to do so.(5) Schedule 2 contains provisions with respect to the members and procedure of the Commission.
7 Role of Chief Executive Officer
The Chief Executive Officer is responsible for the day to day management of the affairs of the Commission in accordance with any directions of the Commission.
8 Staff of Commission
(1) Persons may be employed in the Public Service to enable the Commission to exercise its functions.Note—Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 1902 precludes the Commission from employing staff.(2) The Commission may also:(a) arrange for the use of the services or facilities of a public authority within the meaning of the Planning Act, and(b) engage such consultants as it requires to exercise its functions.
Division 2 Objectives and functions of Commission
9 Principal objectives of Commission
The principal objectives of the Commission in exercising its functions are as follows:(a) to lead metropolitan planning for the Greater Sydney Region,(b) to promote orderly development in the Greater Sydney Region, integrating social, economic and environmental considerations with regard to the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,(c) to promote the alignment of Government infrastructure decision-making with land use planning,(d) to promote the supply of housing, including affordable housing,(e) to encourage development that is resilient and takes into account natural hazards,(f) to support ongoing improvement in productivity, liveability and environmental quality,(g) to provide increased opportunity for public involvement and participation in environmental planning and assessment in the Greater Sydney Region.s 9: Am 2016 No 27, Sch 2.19.
10 Functions of Commission
(1) The Commission has the following functions:(a) to provide advice and make recommendations to the Minister on matters relating to planning and development in the Greater Sydney Region,(b) to prepare and provide reports to the Minister on the implementation (including any impediments to the implementation) of any plan or proposal relating to development in the Greater Sydney Region,(c) to provide advice and make recommendations to the Minister on any impediments to the implementation of any plan or proposal relating to development in the Greater Sydney Region,(d) to provide advice to the Minister on the application of any development fund created under section 129 of the Planning Act in respect of land in the Greater Sydney Region,(e) to assist local councils in the Greater Sydney Region and other government agencies (including an agency of the Commonwealth) on the implementation of any plan or proposal relating to development in the Greater Sydney Region,(f) to provide the Minister with such information, advice or reports as the Minister may request,(g) if requested to do so by a Minister other than the Minister administering this Act (the other Minister), to provide the other Minister with such information, advice or reports as may be requested by the other Minister.(2) Any such other Minister must obtain the approval of the Minister administering this Act before making a request under subsection (1) (g).(3) The Commission has such other functions as are conferred or imposed on it by or under this or any other Act.Note—Those other functions include the power to make local environmental plans under Part 3 of the Planning Act and to prepare draft strategic plans for the Greater Sydney Region under Part 3B of that Act.(4) Without limiting subsection (3), the Commission may exercise functions delegated to it under any other Act.
11 Delegation of Commission’s functions
(1) The Commission may delegate to an authorised person or body any of its functions, other than this power of delegation. This power of delegation extends to a function delegated to the Commission, but only if the Commission is authorised in writing by the delegator to delegate the function.(2) A delegate may sub-delegate to an authorised person or body any function delegated by the Commission if the delegate is authorised in writing to do so by the Commission.(3) In this section, means any of the following:(a) a member of the Commission,(b) a committee of the Commission or member of such a committee,(c) a Sydney district planning panel constituted under Part 2 of the Planning Act,(d) a member of the staff of the Commission (including the Chief Executive Officer),(e) the Secretary or other person employed in the Department of Planning and Environment,(f) a regional planning panel constituted under Part 2 of the Planning Act,(f1) a local planning panel constituted under Part 2 of the Planning Act,(g) the Independent Planning Commission constituted under Part 2 of the Planning Act,(h) a local council, or the general manager or other employee of a local council, for any local government area in the Greater Sydney Region,(i) a person or body, or a person or body of a class, authorised by the regulations for the purposes of this section.s 11: Am 2017 No 60, Sch 11.2 [2].
Division 3 Committees
12 Finance and Governance Committee
(1) There is established a committee of the Commission to be known as the Finance and Governance Committee (the FGC).(2) The members of the FGC are the Greater Sydney Commissioners.(3) The FGC has the following functions:(a) to advise and assist the Commission in connection with such functions of the Commission as are determined by the Minister,(b) to advise and assist the Commission in connection with any of the other functions of the Commission,(c) to advise and assist the Minister on each of the matters for which the Greater Sydney Commissioners have responsibility as referred to in section 6 (3).
13 Strategic Planning Committee
(1) There is established a committee of the Commission to be known as the Strategic Planning Committee (the SPC).(2) The members of the SPC are as follows:(a) the Greater Sydney Commissioners,(b) the District Commissioners representing the districts of the Greater Sydney Region in respect of which the SPC is exercising its functions.(3) The SPC has the following functions:(a) to advise and assist the Commission in connection with such functions of the Commission as may be determined by the Minister,(b) if requested to do so by the Commission:(i) to prepare draft strategic plans under Part 3B of the Planning Act for the Greater Sydney Region, and(ii) to provide information, advice and quarterly reports on the implementation of strategic plans for the Greater Sydney Region, and(iii) to advise and assist the Commission in connection with any of the other functions of the Commission.
14 Infrastructure Delivery Committee
(1) There is established a committee of the Commission to be known as the Infrastructure Delivery Committee (the IDC).(2) The members of the IDC are as follows:(a) the Greater Sydney Commissioners,(b) the ex-officio members,(c) the Secretary of the Ministry of Health,(d) the Secretary of the Department of Education.(3) The Chief Commissioner may also appoint any one or more District Commissioners as additional casual members of the IDC for the purposes of exercising specific functions of the IDC in relation to a particular matter.(4) The IDC has the following functions:(a) to advise and assist the Commission in connection with such functions of the Commission as may be determined by the Minister,(b) if requested to do so by the Commission:(i) to provide information, advice and regular reports on the infrastructure requirements to support housing and employment opportunities in the Greater Sydney Region, and(ii) to advise and assist the Commission in connection with any of the other functions of the Commission.
15 Other committees
(1) The Commission may establish other committees to give advice and assistance to the Commission in connection with any of its functions.(2) A committee established by the Commission need not include a member of the Commission.
16 Subcommittees
(1) Any committee of the Commission may establish subcommittees to assist it in connection with the exercise of any of its functions.(2) A subcommittee of a committee of the Commission need not include a member of the committee.
17 Procedure for committees and subcommittees
(1) The procedure for the calling of meetings of a committee of the Commission and for the conduct of business at those meetings is to be as determined by the Commission or (subject to any determination of the Commission) by the committee.(2) The procedure for the calling of meetings of a subcommittee of a committee of the Commission and for the conduct of business at those meetings is to be as determined by the committee or (subject to any determination of the committee) by the subcommittee.
Part 3
18 (Repealed)
pt 3 (s 18): Rep 2017 No 60, Sch 11.2 [3].
Part 4 Miscellaneous
19 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
20 Co-operation by local councils
A local council in the Greater Sydney Region is, if requested to do so in writing by the Commission:(a) to allow the Commission to have access to, and take copies of, any documents held by the council that are relevant to the functions of the Commission, and(b) to provide the Commission with such staff and facilities, or such other assistance, as may be required to assist the Commission in exercising its functions.
21 Annual report to include certain matters
The annual report of the Commission required to be prepared under the Annual Reports (Statutory Bodies) Act 1984 is to include a report as to the following:(a) the outcomes achieved by the Commission during the reporting period,(b) the implementation of strategic plans made under Part 3B of the Planning Act for the Greater Sydney Region (including information about any related monitoring or evaluation undertaken by the Commission).
22 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) in accordance with a requirement made under the Ombudsman Act 1974, or(e) with other lawful excuse.Maximum penalty: 20 penalty units.
23 Exclusion of personal liability
(1) A matter or thing done or omitted to be done by:(a) a member of the Commission, or(b) a member of a committee of the Commission or a member of a subcommittee of such a committee, or(c) a member of staff of the Commission (including the Chief Executive Officer), ordoes not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject any such member or person so acting personally to any action, liability, claim or demand.(d) a person acting under the direction of any person referred to in paragraphs (a)–(c),(2) A reference in subsection (1) to the execution of this Act includes a reference to the execution of the provisions of any other Act that confer or impose functions on the Commission or a committee of the Commission.
24 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
25 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
26 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this 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 5 years.
Schedule 1 Greater Sydney Region
(Sections 3 and 4)
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Schedule 2 Members and procedure of Commission
(Section 6 (5))
1 Definitions
In this Schedule:appointed member means a Greater Sydney Commissioner or District Commissioner.member means any member of the Commission.
2 Terms of office of appointed members
(1) Subject to this Schedule and the regulations, an appointed member holds office for such period (not exceeding 4 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(2) An appointed member may not hold office as a member for more than 8 years in total.
3 Basis on which members are appointed
An appointed member may be appointed on either a full-time or part-time basis. The Minister may change the basis of the appointment during the member’s term of office.
4 Remuneration of appointed members
(1) A member appointed on a full-time basis is entitled to be paid such remuneration (including travelling and subsistence allowances) as is determined by the Statutory and Other Offices Remuneration Tribunal.(2) A member appointed on a part-time basis 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.
5 Vacancy in office of member
(1) The office of an appointed 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 by the Governor under Part 6 of the Government Sector Employment Act 2013, or(e) is absent from 3 consecutive meetings of the Commission of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister 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 an appointed member from office at any time for any reason and without notice. However, the Minister must provide a written statement of the reasons for removing the member from office and make that statement publicly available.(3) In particular, the Minister may remove an appointed member from office if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the removal of the member from office because of corrupt conduct by the member.(4) The Chief Commissioner is taken to have vacated office as Chief Commissioner if he or she resigns office by instrument in writing addressed to the Minister or ceases to be a member.
6 Filling of vacancy in office of appointed member
If the office of any appointed member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
7 Disclosure 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 Commission, andthe 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 Commission.(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,(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest of:(a) the member, or(b) the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or(c) a company or other body of which the member, or a nominee, partner or employer of the member, is a member.(3) However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) (b) or (c):(a) if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or(b) just because the member is a member of, or is employed by, a local council or a statutory body or is employed by the Crown, or(c) just because the member is a member of, or a delegate of a local council, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.(4) A disclosure by a member at a meeting of the Commission that the member, or a spouse, de facto partner, relative, partner or employer of 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, oris a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(5) Particulars of any disclosure made under this clause must be recorded by the Commission in a book kept for the purpose and that book must be made available for inspection by any person at any reasonable time for no charge.(6) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Commission otherwise determines:(a) be present during any deliberation of the Commission with respect to the matter, or(b) take part in any decision of the Commission with respect to the matter.(7) For the purposes of the making of a determination by the Commission under subclause (6), 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 Commission for the purpose of making the determination, or(b) take part in the making by the Commission of the determination.(8) A contravention of this clause does not invalidate any decision of the Commission.(9) This clause applies to a member of a committee of the Commission and the committee in the same way as it applies to a member of the Commission and the Commission.
8 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed 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, orthe 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.(b) prohibiting the person from engaging in employment outside the duties of that office,
9 General procedure
The procedure for the calling of meetings of the Commission and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Commission.
10 Quorum
The quorum for a meeting of the Commission is a majority of the members for the time being and must include:(a) at least one Greater Sydney Commissioner, and(b) at least 2 District Commissioners, and(c) at least one ex-officio member.
11 Presiding member
(1) The Chief Commissioner (or, in the absence of the Chief Commissioner, a member elected by the members who are present at a meeting of the Commission) is to preside at a meeting of the Commission.(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting of the Commission at which a quorum is present is the decision of the Commission.
13 Public meetings
The Commission may (unless the Minister otherwise directs) conduct its meetings in public, and is required to do so if the Minister directs.
14 Transaction of business outside meetings or by electronic means
(1) The Commission may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Commission 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 Commission made at a meeting of the Commission.(2) The Commission may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic 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), orthe Chief Commissioner and each other member have the same voting rights as they have at an ordinary meeting of the Commission.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Commission.(5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
15 Minutes of meetings
(1) The member presiding at a meeting of the Commission must cause minutes to be kept of the proceedings of the meeting.(2) The Chief Executive Officer must cause the minutes of each meeting of the Commission to be published on an appropriate government website within 3 months of the meeting.
16 First meeting
The Minister may call the first meeting of the Commission in such manner as the Minister thinks fit.
Schedule 3 (Repealed)
sch 3: Am 2017 No 33, Sch 7 [1]–[4]. Rep 2017 No 60, Sch 11.2 [4].
Schedule 4 Savings, transitional and other provisions
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.(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 on the NSW legislation website, 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.
Part 2 Provision consequent on State Revenue and Other Legislation Amendment (Budget Measures) Act 2017
2 Replacement of District Commissioners as chairpersons of Sydney planning panels
(1) In this clause:amending Act means the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017.(2) A District Commissioner ceases to be a member of a Sydney planning panel on the appointment by the Minister, after the commencement of the amendments made to Schedule 3 by the amending Act, of a State member as chairperson of the panel.(3) A matter pending before the panel on the appointment of the chairperson may continue to be dealt with by the panel with the chairperson as a member and chairperson of the panel instead of the District Commissioner. Anything done by the District Commissioner in relation to that matter before that appointment is taken to have been done by the chairperson.
sch 4: Am 2017 No 33, Sch 7 [5].
Schedules 5, 6 (Repealed)
sch 5: Rep 1987 No 15, sec 30C.
sch 6: Rep 1987 No 15, sec 30C.