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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Barangaroo Delivery Authority
Bill 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Maps 3
Part 2 Constitution and management of Authority
6 Constitution of Authority 4
7 Status of Authority 4
8 Ministerial control 4
9 Board of Authority 4
10 Chief Executive Officer 4
11 Appointment of advisory committees 4
12 Delegation of Authority's functions 5
b2008-143-07.d10
Barangaroo Delivery Authority Bill 2009
Contents
Page
13 Exercise of functions through subsidiary corporations,
joint ventures etc 5
Part 3 Functions of Authority
Division 1 Principal functions
14 Functions--generally 7
15 Other functions 8
Division 2 Ancillary functions
16 Acquisition of land 8
17 Land dealings 8
18 Restrictions on disposal of Barangaroo Headland Park 8
19 Dedication of land 9
20 Roads 9
21 Acquisition of property by gift, devise or bequest 10
22 Dealings with certain property acquired by gift, devise
or bequest 10
23 Private subsidiary corporations 11
24 Regulation of Barangaroo Headland Park and public
domain 11
Part 4 Transfer of land to Authority
Division 1 Transfer by operation of this Act
25 Definitions 13
26 Transfer of land described in Schedule 2 to Authority 13
27 Effect of transfer of land under this Division 14
28 Compensation for transfer of maritime land 14
Division 2 Transfer of land by agreement
29 Transfer of land or management of land of other
public authorities 15
30 Transfer of maritime land by Authority 16
Part 5 Contributions and finance
Division 1 Contributions to Barangaroo
31 Definitions 18
32 Barangaroo contributions plan 18
33 Developer agreements subject to condition requiring
payment of development contributions 19
34 Contributions provisions of other planning Acts not
to apply 20
Contents page 2
Barangaroo Delivery Authority Bill 2009
Contents
Page
35 Application of planning agreement provisions of
Environmental Planning and Assessment Act 1979 20
Division 2 Finance
36 Barangaroo Fund 21
37 Financial year 21
38 Investment of money in Fund 21
Part 6 Miscellaneous
39 No duty payable in relation to agreements, vestings
or transfers under Act 22
40 Annual report to include certain matters 22
41 Provision of other information by Authority 22
42 Disclosure of information 22
43 Misuse of information 22
44 Nature of proceedings for offences 24
45 Penalty notices 24
46 Personal liability 25
47 Seal of Authority 26
48 Recovery of money 26
49 Service of documents 26
50 Regulations 27
51 Review of Act 27
Schedule 1 Members and procedure of Board 28
Schedule 2 Land transferred to Authority 33
Schedule 3 Savings, transitional and other provisions 34
Schedule 4 Amendment of Acts 35
Contents page 3
New South Wales
Barangaroo Delivery Authority
Bill 2009
No , 2009
A Bill for
An Act to constitute the Barangaroo Delivery Authority; to specify its functions; and
to provide for other matters related to the development, use and management of
Barangaroo.
Clause 1 Barangaroo Delivery Authority Bill 2009
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Barangaroo Delivery Authority Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Objects of Act 7
The objects of this Act are as follows: 8
(a) to encourage the development of Barangaroo as an active, vibrant 9
and sustainable community and as a location for national and 10
global business, 11
(b) to create a high quality commercial and mixed use precinct 12
connected to and supporting the economic development of 13
Sydney, 14
(c) to facilitate the establishment of Barangaroo Headland Park and 15
public domain land, 16
(d) to promote the orderly and sustainable development of 17
Barangaroo balancing social, economic and environmental 18
outcomes, 19
(e) to create in Barangaroo an opportunity for design excellence 20
outcomes in architecture and public domain design. 21
4 Definitions 22
(1) In this Act: 23
Authority means the Barangaroo Delivery Authority established by this 24
Act. 25
Barangaroo means the land identified as the Barangaroo Delivery 26
Authority operational area on the Barangaroo Delivery Authority 27
Operational Area Map. 28
Barangaroo Headland Park means land identified as the Barangaroo 29
Headland Park on the Barangaroo Headland Park and Public Domain 30
Map. 31
Board means the Board, established by this Act, of the Authority. 32
Chief Executive Officer means the Chief Executive Officer of the 33
Authority holding office as such under Chapter 1A of the Public Sector 34
Employment and Management Act 2002. 35
Page 2
Barangaroo Delivery Authority Bill 2009 Clause 5
Preliminary Part 1
council has the same meaning as in the Local Government Act 1993. 1
development has the same meaning as in the Environmental Planning 2
and Assessment Act 1979 and includes a project within the meaning of 3
Part 3A of that Act. 4
exercise a function includes perform a duty. 5
function includes a power, authority or duty. 6
public domain means: 7
(a) land identified as public domain on the Barangaroo Headland 8
Park and Public Domain Map, and 9
(b) the public places (within the meaning of the Local Government 10
Act 1993), other than the Barangaroo Headland Park and the land 11
referred to in paragraph (a), that are situated within Barangaroo 12
and that are vested in or managed by the Authority. 13
(2) Notes included in this Act do not form part of this Act. 14
5 Maps 15
(1) A reference in this Act to a named map is a reference to a map by that 16
name: 17
(a) approved by the Minister on 26 February 2009, and 18
(b) as amended or replaced from time to time by maps declared in 19
accordance with this section to amend or replace that map. 20
(2) The declaration that a map amends or replaces a named map: 21
(a) in the case of a map that has the effect of altering the area of the 22
Barangaroo Headland Park--is to be made by the regulations, 23
and 24
(b) in any other case--is to be made by proclamation. 25
(3) Any 2 or more named maps may be combined into a single map. In that 26
case, a reference in this Act to any such named map is a reference to the 27
relevant part or aspect of the single map. 28
(4) Any such maps are to be kept and made available for public access in 29
accordance with arrangements approved by the Minister. 30
(5) For the purposes of this Act, a map may be in, and may be kept and 31
made available in, electronic or paper form, or both. 32
Note. The maps adopted by this Act are to be made available on the official 33
NSW legislation website in connection with this Act. 34
Page 3
Clause 6 Barangaroo Delivery Authority Bill 2009
Part 2 Constitution and management of Authority
Part 2 Constitution and management of Authority 1
6 Constitution of Authority 2
There is constituted by this Act a corporation with the corporate name 3
of the Barangaroo Delivery Authority. 4
7 Status of Authority 5
The Authority is, for the purposes of any Act, a NSW Government 6
agency. 7
8 Ministerial control 8
The Authority is subject to the control and direction of the Minister in 9
the exercise of its functions. 10
9 Board of Authority 11
(1) There is to be a Board of the Authority. 12
(2) The Board is to consist of the following members: 13
(a) the Chief Executive Officer, 14
(b) the Secretary of the Treasury, 15
(c) a nominee of the City of Sydney Council approved by the 16
Minister, 17
(d) not more than 4 persons appointed by the Minister. 18
(3) Of the members appointed by the Minister, one is, in and by the 19
instrument of appointment or another instrument made by the Minister, 20
to be appointed as Chairperson of the Board. 21
(4) Schedule 1 sets out provisions relating to the members and procedure of 22
the Board. 23
10 Chief Executive Officer 24
(1) The Chief Executive Officer is responsible for the day-to-day 25
management of the affairs of the Authority in accordance with the 26
specific policies and general directions of the Board. 27
(2) Any act, matter or thing done in the name of, or on behalf of, the 28
Authority by the Chief Executive Officer is taken to have been done by 29
the Authority. 30
11 Appointment of advisory committees 31
(1) The Board may appoint such advisory committees as the Board 32
considers appropriate for the purposes of advising the Board and the 33
Authority for the purposes of this Act. 34
Page 4
Barangaroo Delivery Authority Bill 2009 Clause 12
Constitution and management of Authority Part 2
(2) An advisory committee has such functions as the Board may from time 1
to time determine in respect of it. 2
(3) An advisory committee consists of such committee members appointed 3
by the Board as the Board thinks fit. 4
(4) An advisory committee member holds office for such period as is 5
specified in the instrument of appointment of the committee member, 6
but any such appointment may be terminated by the Board at any time. 7
(5) One of the advisory committee members, in and by the instrument by 8
which the committee member is appointed or another instrument made 9
by the Board, is to be appointed as chairperson of the committee. 10
(6) An advisory committee member is entitled to be paid such fees and 11
allowances (if any) as the Minister may determine, from time to time, in 12
respect of the committee member. 13
(7) Subject to the regulations and any directions of the Board, the procedure 14
of an advisory committee appointed under this section is to be as 15
determined by the advisory committee. 16
(8) The Board may dissolve an advisory committee appointed under this 17
section. 18
12 Delegation of Authority's functions 19
(1) The Authority may delegate to an authorised person any of its functions, 20
other than this power of delegation. 21
(2) A delegate may sub-delegate to an authorised person any function 22
delegated by the Authority if the delegate is authorised in writing to do 23
so by the Authority. 24
(3) In this section, authorised person means: 25
(a) a member of staff of the Authority, or 26
(b) a council or the general manager of a council, or 27
(c) a person, or committee of persons, of a class approved by the 28
Minister or prescribed by the regulations. 29
13 Exercise of functions through subsidiary corporations, joint ventures 30
etc 31
(1) In this section, private subsidiary corporation means a private 32
subsidiary corporation referred to in section 23. 33
(2) Any function of the Authority may be exercised: 34
(a) by the Authority itself, or 35
(b) by a private subsidiary corporation, or 36
Page 5
Clause 13 Barangaroo Delivery Authority Bill 2009
Part 2 Constitution and management of Authority
(c) by the Authority or a private subsidiary corporation, or both, in a 1
partnership, joint venture or other association with public or local 2
authorities or other persons or bodies. 3
Page 6
Barangaroo Delivery Authority Bill 2009 Clause 14
Functions of Authority Part 3
Part 3 Functions of Authority 1
Division 1 Principal functions 2
14 Functions--generally 3
(1) The Authority has the following functions: 4
(a) to promote, procure, facilitate and manage the orderly and 5
economic development and use of Barangaroo, including the 6
provision and management of infrastructure, 7
(b) to promote, procure, organise, manage, undertake, secure, 8
provide and conduct cultural, educational, residential, 9
commercial, transport, tourist and recreational activities and 10
facilities at Barangaroo, 11
(c) to develop and manage the Barangaroo Headland Park and public 12
domain so as to encourage its use by the public and to regulate the 13
use of those areas, 14
(d) to facilitate and provide for appropriate commercial activities 15
within the Barangaroo Headland Park and public domain that are 16
consistent with their use for cultural, educational and recreational 17
activities and the use and enjoyment of those areas by the public, 18
(e) to promote development within Barangaroo that accords with 19
best practice environmental and town planning standards, is 20
environmentally sustainable and applies innovative 21
environmental building and public domain design, 22
(f) to liaise with Government agencies with respect to the 23
co-ordination and provision of infrastructure associated with 24
Barangaroo, 25
(g) to undertake the delivery of infrastructure associated with 26
Barangaroo or that relates to the principal functions of the 27
Authority. 28
(2) The Authority cannot employ any staff. 29
Note. Staff may be employed under Chapter 1A of the Public Sector 30
Employment and Management Act 2002 in the Government Service to enable 31
the Authority to exercise its functions. 32
(3) The Authority is not limited to exercising its functions on or in relation 33
to land within Barangaroo. 34
(4) The Authority may only exercise its functions with respect to land 35
outside Barangaroo with the approval of the Minister. 36
Page 7
Clause 15 Barangaroo Delivery Authority Bill 2009
Part 3 Functions of Authority
15 Other functions 1
(1) The Authority has such other functions as are conferred or imposed on 2
it by or under this or any other Act. 3
(2) The Authority may do all such supplemental, incidental or 4
consequential acts as may be necessary or expedient for the exercise of 5
its functions. 6
Division 2 Ancillary functions 7
16 Acquisition of land 8
(1) The Authority may acquire land, for the purposes of this Act, by 9
agreement or by compulsory process in accordance with the Land 10
Acquisition (Just Terms Compensation) Act 1991. 11
(2) For the purposes of the Public Works Act 1912, any acquisition of land 12
under this Act is taken to be an authorised work, and the Authority is, in 13
relation to that authorised work, taken to be the Constructing Authority. 14
(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply 15
to or in respect of works constructed under this Act. 16
17 Land dealings 17
(1) The Authority may, with the consent of the Minister and subject to such 18
conditions as the Minister thinks fit, sell, mortgage, lease, exchange or 19
otherwise dispose of or deal with any land vested in the Authority (other 20
than the Barangaroo Headland Park) and grant easements or 21
rights-of-way over land vested in the Authority or any part of it. 22
(2) This section does not require the Authority to obtain the consent of the 23
Minister to a lease or licence for a term that, together with the term of 24
any further lease or licence that may be granted under an option in 25
respect of it, does not exceed 10 years. 26
(3) The Authority must establish and maintain a public register of all land 27
that is, from time to time, vested in or managed by the Authority. 28
(4) A lease or licence granted under this section must not have a term that, 29
together with the term of any further lease or licence that may be granted 30
under an option in respect of it, exceeds 99 years. 31
18 Restrictions on disposal of Barangaroo Headland Park 32
(1) The Authority has no power to sell or exchange the whole or any part of 33
the Barangaroo Headland Park, or to otherwise dispose of the fee simple 34
estate in that land, except by way of surrender to the Crown. 35
Page 8
Barangaroo Delivery Authority Bill 2009 Clause 19
Functions of Authority Part 3
(2) However, the Authority may, with the consent of the Minister and 1
subject to such conditions as the Minister thinks fit, lease, mortgage or 2
otherwise dispose of an interest (other than the fee simple) in the 3
Barangaroo Headland Park or affect or create an estate or interest in the 4
Barangaroo Headland Park. 5
(3) This section does not require the Authority to obtain the consent of the 6
Minister to a lease or licence for a term that, together with the term of 7
any further lease or licence that may be granted under an option in 8
respect of it, does not exceed 10 years. 9
(4) A lease or licence granted under this section must not have a term that, 10
together with the term of any further lease or licence that may be granted 11
under an option in respect of it, exceeds 99 years. 12
19 Dedication of land 13
(1) The Authority may, by notification published in the Gazette, declare 14
that it proposes to surrender land described or referred to in the 15
notification to the Crown to be dedicated: 16
(a) for any public purpose specified in the notification, or 17
(b) if so specified in the notification, as a public road. 18
(2) When the land is surrendered: 19
(a) it becomes Crown land reserved from sale, lease or licence under 20
the Crown Lands Act 1989, and 21
(b) on revocation of the reservation, it may be dedicated under that 22
Act for the public purpose specified in the notification or under 23
section 12 of the Roads Act 1993 as a public road. 24
(3) The Authority may, in a notification published under subsection (1), 25
limit the description of, or reference to, land to a specified depth below 26
the surface of the land. If the description or reference is so limited, 27
subsection (2) does not apply to land below the specified depth. 28
(4) The Authority may, by notification published in the Gazette, declare 29
any elevated or subterranean structure owned by the Authority that 30
continues the line of a public road to be a public road. On the publication 31
of the notification in the Gazette, the structure, except in relation to any 32
vesting of the structure, is taken to be a public road. 33
20 Roads 34
(1) A road that is within Barangaroo cannot be provided, opened, 35
dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) 36
or realigned by the Crown, a public authority or any person except with 37
the consent of the Authority. 38
Page 9
Clause 21 Barangaroo Delivery Authority Bill 2009
Part 3 Functions of Authority
(2) Except as provided by subsection (1), this Part does not affect the 1
application of the Roads Act 1993 or any other Act to a road that is 2
within Barangaroo. 3
(3) The Authority is a roads authority for the purposes of the Roads Act 4
1993 in respect of the public roads vested in it. 5
21 Acquisition of property by gift, devise or bequest 6
(1) The Authority may acquire by gift, devise or bequest any property for 7
the purposes of this Act and may agree to carry out the conditions of any 8
such gift, devise or bequest. 9
(2) The rule of law against remoteness of vesting does not apply to any 10
condition of a gift, devise or bequest to which the Authority has agreed. 11
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise 12
or bequest made or to be made to the Authority. 13
22 Dealings with certain property acquired by gift, devise or bequest 14
(1) The Authority must not sell, lease, exchange or otherwise dispose of or 15
deal with property acquired by gift, devise or bequest except: 16
(a) if the property has been acquired subject to a condition to which 17
the Authority has agreed under section 21 (1), in accordance with 18
the condition, or 19
(b) in any other case with the approval of the Minister. 20
(2) Despite subsection (1) but subject to subsection (3), if the Authority 21
decides that any property that has been acquired by the Authority 22
subject to a condition to which the Authority has agreed under section 23
21 (1) is not required for the purposes of the Authority, the Authority 24
may: 25
(a) sell the property and retain the proceeds of the sale as property of 26
the Authority, or 27
(b) exchange the property for other property, or 28
(c) if the Authority is of the opinion that the property is of no 29
commercial value, dispose of the property without valuable 30
consideration, 31
in contravention of the condition. 32
(3) The Authority must not sell, exchange or otherwise dispose of any 33
property under subsection (2) except with the consent of the Minister 34
and in accordance with any condition the Minister may impose upon the 35
grant of that consent. 36
Page 10
Barangaroo Delivery Authority Bill 2009 Clause 23
Functions of Authority Part 3
(4) The Minister may consent to the sale, exchange or disposal of property 1
for the purposes of this section and may impose any condition the 2
Minister thinks fit upon the grant of that consent. 3
23 Private subsidiary corporations 4
(1) In this section: 5
private corporation means a corporation within the meaning of the 6
Corporations Act 2001 of the Commonwealth formed in or outside New 7
South Wales. 8
private subsidiary corporation means a private corporation in which 9
the Authority has a controlling interest. 10
(2) The Authority may, subject to subsection (3): 11
(a) form, or participate in the formation of, private corporations, and 12
(b) acquire interests in private corporations, and 13
(c) sell or otherwise dispose of interests in private corporations. 14
(3) The Authority must not, without the approval of the Minister: 15
(a) form, or participate in the formation of, a private subsidiary 16
corporation, or 17
(b) acquire an interest in a private corporation so that, as a result of 18
the acquisition, the corporation becomes a private subsidiary 19
corporation, or 20
(c) sell or otherwise dispose of any interest in a private subsidiary 21
corporation so that, as a result of the sale or disposal, it ceases to 22
be a private subsidiary corporation. 23
(4) A private subsidiary corporation is not, and does not represent, the 24
Crown. 25
24 Regulation of Barangaroo Headland Park and public domain 26
(1) The Authority may enter into an agreement with the Sydney Harbour 27
Foreshore Authority for the exercise by the Sydney Harbour Foreshore 28
Authority of its regulatory powers under the Sydney Harbour Foreshore 29
Authority Act 1998 and the regulations under that Act in respect of any 30
land within Barangaroo Headland Park and the public domain. 31
(2) An agreement under this section may, but is not required to, make 32
provision for the following matters: 33
(a) the payment by the Authority of fees to the Sydney Harbour 34
Foreshore Authority, 35
(b) the payment to the Authority of fees or other charges collected by 36
the Sydney Harbour Foreshore Authority when exercising 37
functions under the agreement, 38
Page 11
Clause 24 Barangaroo Delivery Authority Bill 2009
Part 3 Functions of Authority
(c) the provision of information to the Authority by the Sydney 1
Harbour Foreshore Authority relating to the exercise of its 2
functions with respect to the land covered by the agreement, 3
(d) additional services to be provided by or on behalf of the Sydney 4
Harbour Foreshore Authority in respect of the land covered by 5
the agreement, 6
(e) conditions for the exercise of regulatory powers by the Sydney 7
Harbour Foreshore Authority. 8
(3) Subsection (2) does not limit the matters that may be included in an 9
agreement under this section. 10
(4) Land that is subject to an agreement under this section is taken to be 11
managed land for the purposes of the Sydney Harbour Foreshore 12
Authority Act 1998 and land within a public area for the purposes of the 13
regulations under that Act. 14
(5) Section 22 (Roads) of the Sydney Harbour Foreshore Authority Act 15
1998 does not apply to land the subject of an agreement under this 16
section. 17
(6) Any dispute arising under an agreement under this section between the 18
Authority and the Sydney Harbour Foreshore Authority may be 19
resolved by the Minister. 20
(7) The Authority and the Sydney Harbour Foreshore Authority must 21
comply with any direction arising out of the resolution of any such 22
dispute and for that purpose is empowered to do so, despite the 23
provisions of this or any other Act. 24
Page 12
Barangaroo Delivery Authority Bill 2009 Clause 25
Transfer of land to Authority Part 4
Part 4 Transfer of land to Authority 1
Division 1 Transfer by operation of this Act 2
25 Definitions 3
In this Part: 4
liabilities means any liabilities, debts or obligations (whether present or 5
future and whether vested or contingent and whether personal or 6
assignable). 7
rights means any rights, powers, privileges or immunities (whether 8
present or future and whether vested or contingent and whether personal 9
or assignable). 10
transfer date means the date specified in a notice by the Minister 11
published in the Gazette. 12
transferor, in relation to land, means the person or body in whom or in 13
which the land was vested immediately before the transfer date. 14
26 Transfer of land described in Schedule 2 to Authority 15
(1) On the transfer date, the land described in Schedule 2 vests in the 16
Authority for an estate in fee simple: 17
(a) without the need for any further conveyance, transfer, assignment 18
or assurance, and 19
(b) subject to any trusts, estates, interests, dedications, conditions, 20
restrictions and covenants to which the land was subject 21
immediately before the transfer date. 22
(2) On the transfer date, the following provisions have effect in relation to 23
the land described in Schedule 2: 24
(a) the rights or liabilities of the transferor in relation to the land 25
become by virtue of this section the rights or liabilities of the 26
Authority, 27
(b) without limiting paragraph (a), any liability of the transferor to 28
pay consideration for a previous transfer of the land to the 29
transferor by Sydney Ports Corporation becomes by virtue of this 30
section a liability of the Authority, 31
(c) all proceedings relating to the land commenced before the 32
transfer date by or against the transferor or a predecessor of the 33
transferor and pending immediately before the transfer date are 34
taken to be proceedings pending by or against the Authority, 35
(d) any act, matter or thing done or omitted to be done in relation to 36
the land before the transfer date by, to or in respect of the 37
transferor is (to the extent to which that act, matter or thing has 38
Page 13
Clause 27 Barangaroo Delivery Authority Bill 2009
Part 4 Transfer of land to Authority
any force or effect) taken to have been done or omitted by, to or 1
in respect of the Authority, 2
(e) the Authority has all the entitlements and obligations of the 3
transferor in relation to those rights and liabilities that the 4
transferor would have had but for this section, whether or not 5
those entitlements and obligations were actual or potential at the 6
time the transfer took effect, 7
(f) a reference in any Act, in any instrument made under any Act or 8
in any document of any kind to the transferor or a predecessor of 9
the transferor is (to the extent that it relates to that land or those 10
rights or liabilities but subject to the regulations), to be read as, or 11
as including, a reference to the Authority. 12
(3) Regulations may be made for or with respect to the conversion of 13
references to the transferor in any document or class of document to 14
references to the Authority as a consequence of any transfer of land 15
under this Division. 16
27 Effect of transfer of land under this Division 17
(1) No compensation is payable to any person or body in connection with 18
the operation of this Division. 19
(2) The operation of this Division is not to be regarded: 20
(a) as a breach of contract or confidence or otherwise as a civil 21
wrong, or 22
(b) as a breach of any contractual provision prohibiting, restricting or 23
regulating the assignment or transfer of assets, rights or 24
liabilities, or 25
(c) as giving rise to any remedy by a party to an instrument, or as 26
causing or permitting the termination of any instrument, because 27
of a change in the beneficial or legal ownership of any asset, right 28
or liability. 29
(3) The operation of this Division is not to be regarded as an event of 30
default under any contract or other instrument. 31
(4) No attornment to the Authority by a lessee from a transferor is required. 32
(5) No provision in a lease transferred under this Division to the Authority 33
is breached solely because the Authority sublets the property the subject 34
of the lease to a Government agency. 35
28 Compensation for transfer of maritime land 36
(1) Despite section 27 (1), the Authority is to pay compensation to the 37
Maritime Authority of NSW (the Maritime Authority) for the transfer 38
to the Authority, by this Act, of Lots 1 and 6 in Deposited Plan 876514. 39
Page 14
Barangaroo Delivery Authority Bill 2009 Clause 29
Transfer of land to Authority Part 4
(2) The amount of compensation, or the basis on which it is to be calculated, 1
is to be determined by agreement between the Minister responsible for 2
the Maritime Authority and the Minister administering this Act. 3
(3) Any dispute arising under this section between the Minister responsible 4
for the Maritime Authority and the Minister administering this Act may 5
be resolved by the Premier. 6
(4) A Minister, the Authority or the Maritime Authority must comply with 7
any direction arising out of the resolution of a dispute under this section 8
and for that purpose is empowered to do so, despite the provisions of 9
this or any other Act. 10
Division 2 Transfer of land by agreement 11
29 Transfer of land or management of land of other public authorities 12
(1) If the Minister for a public authority that owns land within Barangaroo 13
agrees that the land is not being used or required for the core activities 14
of the public authority, the public authority is to transfer: 15
(a) the land, or 16
(b) the management of the land, 17
to the Authority, subject to the terms and conditions agreed to between 18
the Minister for the public authority and the Minister administering this 19
Act. 20
(2) The Minister administering the Crown Lands Act 1989 may transfer to 21
the Authority, subject to the terms and conditions agreed to between that 22
Minister and the Minister administering this Act, Crown land within 23
Barangaroo or the management of any such Crown land. 24
(3) Part 3 of the Crown Lands Act 1989 and sections 34 (3)(5) and 35 of 25
that Act do not apply to any such transfer of Crown land. 26
(4) An agreement may state whether the transfer is subject to the payment 27
of compensation and, if compensation is to be paid, the amount of the 28
compensation or the basis on which it is to be determined. 29
(5) A public authority whose land is managed by the Authority under an 30
agreement with the public authority may delegate its functions in 31
respect of the land to the Authority, despite the provisions of any other 32
Act. 33
(6) In this section: 34
Crown land has the same meaning that it has in the Crown Lands Act 35
1989 but does not include a Crown reserve within the meaning of 36
section 34A of that Act. 37
Page 15
Clause 30 Barangaroo Delivery Authority Bill 2009
Part 4 Transfer of land to Authority
Minister for a public authority means the Minister administering: 1
(a) the Act by which the public authority is constituted or 2
established, or 3
(b) in the case of a subsidiary, the Act by which the subsidiary's 4
parent is constituted or established. 5
public authority means a public authority constituted by or under an 6
Act, and includes: 7
(a) a government department, and 8
(b) a statutory body representing the Crown, a State owned 9
corporation within the meaning of the State Owned Corporations 10
Act 1989 and a subsidiary (within the meaning of that Act), and 11
(c) a member of staff or other person who exercises functions on 12
behalf of a public authority, 13
but does not include a council. 14
transfer of land includes the sale, lease, exchange or other disposal of 15
or dealing with Crown land or the grant of easements or rights-of-way 16
over, or licences or permits in respect of, Crown land. 17
(7) Any dispute arising under this section between the Minister 18
administering this Act and the Minister for a public authority or the 19
Minister administering the Crown Lands Act 1989 may be resolved by 20
the Premier. 21
(8) A Minister or public authority must comply with any direction arising 22
out of the resolution of a dispute under this section and for that purpose 23
is empowered to do so, despite the provisions of this or any other Act. 24
30 Transfer of maritime land by Authority 25
(1) The Authority must transfer to the Maritime Authority of NSW (the 26
Maritime Authority) any land below the mean high water mark that is 27
within Barangaroo on the commencement of the operation of a 28
commuter ferry wharf at Barangaroo or at such other time as may be 29
agreed between the Minister responsible for the Maritime Authority and 30
the Minister administering this Act. The transfer is to be subject to such 31
terms and conditions as may be agreed to by those Ministers. 32
(2) Any dispute arising under this section between the Minister responsible 33
for the Maritime Authority and the Minister administering this Act may 34
be resolved by the Premier. 35
(3) A Minister, the Authority or the Maritime Authority must comply with 36
any direction arising out of the resolution of a dispute under this section 37
and for that purpose is empowered to do so, despite the provisions of 38
this or any other Act. 39
Page 16
Barangaroo Delivery Authority Bill 2009 Clause 30
Transfer of land to Authority Part 4
(4) Nothing in this section affects the functions of the Authority with 1
respect to land. 2
Page 17
Clause 31 Barangaroo Delivery Authority Bill 2009
Part 5 Contributions and finance
Part 5 Contributions and finance 1
Division 1 Contributions to Barangaroo 2
31 Definitions 3
In this Division: 4
Barangaroo contributions plan means the Barangaroo contributions 5
plan prepared and approved under section 32. 6
development contribution means an amount of levy payable under the 7
Barangaroo contributions plan. 8
development contributions provisions--see section 34 (2). 9
planning agreement--see section 35 (4). 10
32 Barangaroo contributions plan 11
(1) The Authority must prepare and approve a Barangaroo contributions 12
plan. 13
(2) The Barangaroo contributions plan has no effect unless it is approved 14
by the Minister. 15
(3) The Barangaroo contributions plan must provide for the following: 16
(a) the payment of a levy of 1% to the Authority on development, 17
calculated in respect of the cost of development of land, 18
(b) the development within Barangaroo to which the levy will apply, 19
(c) the manner in which the cost of development is to be calculated, 20
(d) the purposes for which a development contribution may be used, 21
including the provision of local, State and regional infrastructure 22
on or associated with the development of Barangaroo (whether or 23
not situated within Barangaroo), 24
(e) the proposed timing for delivery of infrastructure for which 25
development contributions are to be used. 26
(4) The Authority may amend or replace the Barangaroo contributions plan. 27
(5) An amendment to, or replacement of, the Barangaroo contributions plan 28
has no effect unless it is approved by the Minister. 29
(6) The regulations may make provision for or with respect to the 30
preparation, approval and amendment of the Barangaroo contributions 31
plan, including the format, structure and subject-matter of the plan. 32
Page 18
Barangaroo Delivery Authority Bill 2009 Clause 33
Contributions and finance Part 5
33 Developer agreements subject to condition requiring payment of 1
development contributions 2
(1) A development agreement relating to development within Barangaroo 3
for which a development contribution is payable under the Barangaroo 4
contributions plan is subject to a condition that the development 5
contribution must be paid to the Authority in accordance with that plan. 6
(2) A failure by a party to a development agreement to pay the whole or any 7
part of a development contribution in accordance with the Barangaroo 8
contributions plan is taken to be a breach of that agreement and is 9
enforceable as such. 10
(3) A development agreement may provide for the provision of works in 11
kind or the dedication of land instead of the payment of the whole or 12
part of a development contribution. 13
(4) For the purposes of subsection (2), a party to a development agreement 14
is not in breach of that agreement if: 15
(a) the party fails to provide the whole or part of a development 16
contribution, and 17
(b) the party has entered into an agreement, in accordance with 18
subsection (3), to provide works in kind or to dedicate land 19
instead of paying the whole or that part of the development 20
contribution. 21
(5) A development agreement may contain provisions, not inconsistent 22
with the Barangaroo contributions plan, as to the payment of a 23
development contribution. 24
(6) No contract or agreement entered into before or after the 25
commencement of this section operates to annul, vary or exclude the 26
provisions of this section. 27
(7) This section has effect despite any other Act or law. 28
(8) In this section: 29
development agreement means an agreement between the Authority 30
and one or more other persons: 31
(a) under which the person agrees to carry out development within 32
Barangaroo (whether or not the agreement also relates to 33
development outside Barangaroo), and 34
(b) that may or may not provide for the disposal by the Authority of 35
an interest in the land concerned, and 36
(c) that may be a planning agreement. 37
Page 19
Clause 34 Barangaroo Delivery Authority Bill 2009
Part 5 Contributions and finance
34 Contributions provisions of other planning Acts not to apply 1
(1) The development contributions provisions of the Environmental 2
Planning and Assessment Act 1979 and the City of Sydney Act 1988 (the 3
planning Acts) do not apply to or in respect of any development for 4
which a development contribution is payable under the Barangaroo 5
contributions plan. 6
(2) The development contributions provisions of the planning Acts are the 7
following provisions: 8
(a) Division 6 of Part 4 of the Environmental Planning and 9
Assessment Act 1979 (other than Subdivision 2), 10
(b) Part 5B (other than Division 4) of and Schedules 1 (other than 11
Part 3) and 5A to the Environmental Planning and Assessment 12
Act 1979 (after the insertion of those provisions by Schedule 3 to 13
the Environmental Planning and Assessment Amendment Act 14
2008), 15
(c) any provisions replacing or amending the provisions referred to 16
in paragraph (a) or (b), 17
(d) section 61 of the City of Sydney Act 1988, 18
(e) any other provision of the planning Acts, relating to development 19
contributions, prescribed by the regulations. 20
35 Application of planning agreement provisions of Environmental 21
Planning and Assessment Act 1979 22
(1) The Authority is taken to be a planning authority for the purposes of the 23
Environmental Planning and Assessment Act 1979. 24
(2) A planning agreement entered into under the Environmental Planning 25
and Assessment Act 1979 may provide for the payment of the whole or 26
part of a development contribution under this Division, or the provision 27
of works in kind or the dedication of land instead of the payment of the 28
whole or part of a development contribution under this Division, in 29
addition to any other matters the agreement may provide for under that 30
Act. 31
(3) Any such planning agreement is not required to comply with the 32
provisions of the Environmental Planning and Assessment Act 1979 33
relating to the exclusion or otherwise of the development contributions 34
provisions of that Act in relation to development referred to in 35
section 34 (1). 36
(4) In this Division: 37
planning agreement means an agreement entered into under: 38
(a) Subdivision 2 of Division 6 of Part 4 of the Environmental 39
Planning and Assessment Act 1979, or 40
Page 20
Barangaroo Delivery Authority Bill 2009 Clause 36
Contributions and finance Part 5
(b) Division 4 of Part 5B of that Act (after its insertion by Schedule 1
3 to the Environmental Planning and Assessment Amendment Act 2
2008). 3
Division 2 Finance 4
36 Barangaroo Fund 5
(1) There is to be established in the Special Deposits Account a Barangaroo 6
Fund (the Fund) into which is to be paid: 7
(a) all money advanced to the Authority by the Treasurer or 8
appropriated by Parliament for the purposes of the Authority, and 9
(b) all money directed or authorised to be paid into the Fund by or 10
under this or any other Act, and 11
(c) development contributions or other payments made under 12
Division 1, and 13
(d) the proceeds of the investment of money in the Fund, and 14
(e) all money received by the Authority from any other source. 15
(2) Money may be paid from the Fund for the following purposes: 16
(a) enabling the Authority to exercise its functions, 17
(b) the provision of infrastructure by a public authority or council, 18
(c) payments in respect of liabilities transferred to the Authority 19
under Part 4. 20
(3) All expenditure incurred by the Authority is to be paid from the Fund. 21
37 Financial year 22
(1) The financial year of the Authority is the year commencing on 1 July. 23
(2) A different financial year may be determined by the Treasurer under 24
section 4 (1A) of the Public Finance and Audit Act 1983. 25
38 Investment of money in Fund 26
The Authority may invest money in the Barangaroo Fund: 27
(a) in the manner authorised by the Public Authorities (Financial 28
Arrangements) Act 1987, or 29
(b) if that Act does not confer power on the Authority to invest the 30
money, in any other manner approved by the Minister with the 31
concurrence of the Treasurer. 32
Page 21
Clause 39 Barangaroo Delivery Authority Bill 2009
Part 6 Miscellaneous
Part 6 Miscellaneous 1
39 No duty payable in relation to agreements, vestings or transfers under 2
Act 3
Duty under the Duties Act 1997 is not chargeable for or in respect of: 4
(a) a vesting or transfer of land or other property effected under this 5
Act or in accordance with arrangements entered into under this 6
Act, or 7
(b) anything certified by the Minister as having been done in 8
consequence of such a vesting or transfer or under any such 9
arrangements. 10
40 Annual report to include certain matters 11
The annual report of the Authority required to be prepared under the 12
Annual Reports (Statutory Bodies) Act 1984 is to include a report as to 13
the outcomes achieved by the Authority during the reporting period. 14
41 Provision of other information by Authority 15
The Authority must provide reports about its activities and any other 16
information if requested to do so by the Minister. 17
42 Disclosure of information 18
A person must not disclose any information obtained in connection with 19
the administration or execution of this Act unless that disclosure is 20
made: 21
(a) with the consent of the person from whom the information was 22
obtained, or 23
(b) in connection with the administration or execution of this Act, or 24
(c) for the purposes of any legal proceedings arising out of this Act 25
or of any report of any such proceedings, or 26
(d) in accordance with a requirement imposed under the Ombudsman 27
Act 1974, or 28
(e) with other lawful excuse. 29
Maximum penalty: 20 penalty units. 30
43 Misuse of information 31
(1) If, through association with the Authority, a person has knowledge of 32
specific information relating to proposals made, or to be made, by the 33
Authority in respect of the acquisition, development or disposal of land 34
and that information is not generally known but, if generally known, 35
Page 22
Barangaroo Delivery Authority Bill 2009 Clause 43
Miscellaneous Part 6
might reasonably be expected to affect materially the market price of 1
that land, the person contravenes this subsection if the person: 2
(a) deals, directly or indirectly, in that or in any other land for the 3
purpose of gaining an advantage for the person by the use of that 4
information, or 5
(b) divulges that information for the purpose of enabling another 6
person to gain an advantage by using that information to deal, 7
directly or indirectly, in that or in any other land. 8
Maximum penalty: 20 penalty units. 9
(2) If, through association with the Authority, a person is in a position to 10
influence proposals made, or to be made, by the Authority in respect of 11
the acquisition, development or disposal of land and does influence the 12
proposals by securing the inclusion or alteration of any matter in, or the 13
exclusion or omission of any matter from, the proposals, the person 14
contravenes this subsection if: 15
(a) the person does so for the purpose of gaining an advantage for the 16
person, or 17
(b) the person does so for the purpose of enabling another person to 18
gain an advantage. 19
Maximum penalty: 20 penalty units. 20
(3) If: 21
(a) a contravention of subsection (1) occurs and an advantage 22
referred to in that subsection is gained from any dealing in land 23
to which the contravention relates, or 24
(b) a contravention of subsection (2) occurs and an advantage 25
referred to in that subsection is gained from any dealing in land 26
to which the contravention relates, being an advantage which 27
would not have been gained if the proposals concerned had not 28
been influenced, 29
any person who gained that advantage is, whether or not any person has 30
been prosecuted for or convicted of an offence in respect of a 31
contravention of subsection (1) or (2), liable to another person for the 32
amount of any loss incurred by that other person by reason of the 33
gaining of that advantage. 34
(4) If a loss referred to in subsection (3) is incurred by reason of an 35
advantage gained from a dealing in land, the amount of the loss is the 36
difference between the price at which the dealing was effected and: 37
(a) in the case of any dealing to which subsection (1) relates, the 38
price that, in the opinion of the court before which it is sought to 39
recover the amount of the loss, would have been the market price 40
of the land at the time of the dealing if the specific information 41
Page 23
Clause 44 Barangaroo Delivery Authority Bill 2009
Part 6 Miscellaneous
used to gain that advantage had been generally known at that 1
time, or 2
(b) in any case to which subsection (2) relates, the price that, in the 3
opinion of the court before which it is sought to recover the 4
amount of the loss, would have been the market price of the land 5
at the time of the dealing if the proposals concerned had not been 6
influenced. 7
(5) An action to recover a loss referred to in subsection (3) may not be 8
brought more than 5 years after the dealing in land in relation to which 9
the loss was incurred. 10
(6) For the purposes of this section, a person is associated with the 11
Authority: 12
(a) if the person is a member of the Board, or a member of staff of 13
the Authority, or a person of whose services the Authority makes 14
use, or who is otherwise appointed, employed or engaged, 15
pursuant to this Act, or 16
(b) if the person is a committee member of an advisory committee, or 17
(c) if the person is an officer of the Department within the meaning 18
of the Environmental Planning and Assessment Act 1979 or a 19
person who is a member of a committee or subcommittee 20
established by or under that Act, or 21
(d) if the person is an officer or an employee of a council, or 22
(e) if the person acts or has acted as banker, Australian legal 23
practitioner, auditor or professional adviser or in any other 24
capacity for the Authority, the Minister, the Department of 25
Planning or a council, or 26
(f) where the person, so associated by virtue of paragraph (e), is a 27
corporation, if the person is a director, manager or secretary of 28
the corporation. 29
44 Nature of proceedings for offences 30
Proceedings for an offence under this Act or the regulations may be 31
dealt with summarily before a Local Court. 32
45 Penalty notices 33
(1) An authorised officer may serve a penalty notice on a person if it 34
appears to the officer that the person has committed an offence against 35
the regulations, being an offence prescribed by the regulations as a 36
penalty notice offence. 37
(2) A penalty notice is a notice to the effect that, if the person served does 38
not wish to have the matter determined by a court, the person can pay, 39
Page 24
Barangaroo Delivery Authority Bill 2009 Clause 46
Miscellaneous Part 6
within the time and to the person specified in the notice, the amount of 1
penalty prescribed by the regulations for the offence if dealt with under 2
this section. 3
(3) A penalty notice may be served personally or by post. 4
(4) If the amount of penalty prescribed for an alleged offence is paid under 5
this section, no person is liable to any further proceedings for the 6
alleged offence. 7
(5) Payment under this section is not to be regarded as an admission of 8
liability for the purpose of, and does not in any way affect or prejudice, 9
any civil claim, action or proceeding arising out of the same occurrence. 10
(6) The regulations may: 11
(a) prescribe an offence for the purposes of this section by specifying 12
the offence or by referring to the provision creating the offence, 13
and 14
(b) prescribe the amount of penalty payable for the offence if dealt 15
with under this section, and 16
(c) prescribe different amounts of penalties for different offences or 17
classes of offences. 18
(7) The amount of a penalty prescribed under this section for an offence is 19
not to exceed the maximum amount of penalty that could be imposed for 20
the offence by a court. 21
(8) This section does not limit the operation of any other provision of, or 22
made under, this or any other Act relating to proceedings that may be 23
taken in respect of offences. 24
(9) In this section, authorised officer means a person authorised in writing 25
by the Authority as an authorised officer for the purposes of this section. 26
46 Personal liability 27
A matter or thing done or omitted to be done by the Authority, the Board 28
or a member of the Board, the Chief Executive Officer, a member of an 29
advisory committee appointed under this Act, or a person acting under 30
the direction of the Authority, the Board or the Chief Executive Officer 31
does not, if the matter or thing was done or omitted in good faith for the 32
purpose of executing this or any other Act, subject the member of the 33
Board, the Chief Executive Officer, the member of the advisory 34
committee or the person so acting personally to any action, liability, 35
claim or demand. 36
Page 25
Clause 47 Barangaroo Delivery Authority Bill 2009
Part 6 Miscellaneous
47 Seal of Authority 1
The seal of the Authority is to be kept by the Chief Executive Officer, 2
or by a member of the staff of the Authority authorised in that behalf by 3
the Chief Executive Officer, and may be fixed to a document only: 4
(a) in the presence of the Chief Executive Officer or that member of 5
the staff, and 6
(b) with an attestation by the signature of the Chief Executive Officer 7
or that member of staff of the fact of the fixing of the seal. 8
48 Recovery of money 9
Any charge, fee or money due or payable to the Authority may be 10
recovered as a debt in a court of competent jurisdiction. 11
49 Service of documents 12
(1) A document that is authorised or required by this Act or the regulations 13
to be served on any person may be served by: 14
(a) in the case of a natural person: 15
(i) delivering it to the person personally, or 16
(ii) sending it by post to the address specified by the person for 17
the giving or service of documents or, if no such address is 18
specified, the residential or business address of the person 19
last known to the person giving or serving the document, 20
or 21
(iii) sending it by facsimile transmission to the facsimile 22
number of the person or by email to the internet address of 23
the person, or 24
(b) in the case of a body corporate: 25
(i) leaving it with a person apparently of or above the age of 26
16 years at, or by sending it by post to, the head office, a 27
registered office or a principal office of the body corporate 28
or to an address specified by the body corporate for the 29
giving or service of documents, or 30
(ii) sending it by facsimile transmission to the facsimile 31
number of the body corporate or by email to the internet 32
address of the body corporate. 33
(2) Nothing in this section affects the operation of any provision of a law or 34
of the rules of a court authorising a document to be served on a person 35
in any other manner. 36
Page 26
Barangaroo Delivery Authority Bill 2009 Clause 50
Miscellaneous Part 6
50 Regulations 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) In particular, regulations may be made for or with respect to the 6
following: 7
(a) the functions of the Authority, 8
(b) the fees and charges that may be imposed for the purposes of this 9
Act, 10
(c) the procedures of advisory committees, 11
(d) regulating the use by the public of, and the conduct of the public 12
on, land vested in or managed by the Authority or public areas 13
within Barangaroo, 14
(e) regulating the use of facilities of the Authority and the provision 15
of services by the Authority, 16
(f) requiring the payment of fares or other charges for the use of any 17
facility operated or service provided by the Authority, 18
(g) authorising a person granted a lease, licence or other authority by 19
the Authority to require the payment of fares or other charges for 20
the use of any facility operated or service provided under the 21
lease, licence or other authority, 22
(h) conferring on the Authority any function that may be exercised 23
by a council in relation to a public place. 24
(3) The regulations may create an offence punishable by a maximum 25
penalty of 20 penalty units. 26
51 Review of Act 27
(1) The Minister is to review this Act to determine whether the policy 28
objectives of the Act remain valid and whether the terms of the Act 29
remain appropriate for securing those objectives. 30
(2) The review is to be undertaken as soon as possible after the period of 31
5 years from the date of assent to this Act. 32
(3) A report on the outcome of the review is to be tabled in each House of 33
Parliament within 12 months after the end of the period of 5 years. 34
Page 27
Barangaroo Delivery Authority Bill 2009
Schedule 1 Members and procedure of Board
Schedule 1 Members and procedure of Board 1
(Section 9 (4)) 2
Part 1 General 3
1 Definitions 4
In this Schedule: 5
appointed member means a person who is appointed by the Minister as 6
a member of the Board. 7
member means any member of the Board. 8
Part 2 Constitution 9
2 Terms of office of members 10
Subject to this Schedule and the regulations, an appointed member 11
holds office for such period (not exceeding 5 years) as is specified in the 12
member's instrument of appointment, but is eligible (if otherwise 13
qualified) for re-appointment. 14
3 Part-time appointments 15
Appointed members hold office as part-time members. 16
4 Remuneration 17
An appointed member is entitled to be paid such remuneration 18
(including travelling and subsistence allowances) as the Minister may 19
from time to time determine in respect of the member. 20
5 Vacancy in office of member 21
(1) The office of an appointed member becomes vacant if the member: 22
(a) dies, or 23
(b) completes a term of office and is not re-appointed, or 24
(c) resigns the office by instrument in writing addressed to the 25
Minister, or 26
(d) is removed from office by the Minister under this clause, or 27
(e) is absent from 3 consecutive meetings of the Board of which 28
reasonable notice has been given to the member personally or by 29
post, except on leave granted by the Minister or unless the 30
member is excused by the Minister for having been absent from 31
those meetings, or 32
Page 28
Barangaroo Delivery Authority Bill 2009
Members and procedure of Board Schedule 1
(f) becomes bankrupt, applies to take the benefit of any law for the 1
relief of bankrupt or insolvent debtors, compounds with his or her 2
creditors or makes an assignment of his or her remuneration for 3
their benefit, or 4
(g) becomes a mentally incapacitated person, or 5
(h) is convicted in New South Wales of an offence that is punishable 6
by imprisonment for 12 months or more or is convicted 7
elsewhere than in New South Wales of an offence that, if 8
committed in New South Wales, would be an offence so 9
punishable. 10
(2) The Minister may remove an appointed member from office at any time. 11
6 Filling of vacancy in office of appointed member 12
If the office of any appointed member becomes vacant, a person is, 13
subject to this Act and the regulations, to be appointed to fill the 14
vacancy. 15
7 Chairperson 16
(1) The Chairperson vacates office as Chairperson if he or she: 17
(a) is removed from that office by the Minister under this clause, or 18
(b) resigns that office by instrument in writing addressed to the 19
Minister, or 20
(c) ceases to be a member of the Board. 21
(2) The Minister may at any time remove the Chairperson from office as 22
Chairperson. 23
8 Alternate members 24
(1) The Secretary of the Treasury may, from time to time, appoint a 25
member of staff of the Treasury to be his or her alternate as a member. 26
(2) The nominee of the City of Sydney Council may, from time to time, 27
with the approval of the Minister, appoint a person to be his or her 28
alternate as a member. 29
(3) In the absence of a member, the member's alternate may, if available, 30
act in the place of the member. 31
(4) While acting in the place of a member, a person has all the functions of 32
the member and is taken to be the member. 33
Page 29
Barangaroo Delivery Authority Bill 2009
Schedule 1 Members and procedure of Board
9 Disclosure of pecuniary interests 1
(1) If: 2
(a) a member has a direct or indirect pecuniary interest in a matter 3
being considered or about to be considered at a meeting of the 4
Board, and 5
(b) the interest appears to raise a conflict with the proper 6
performance of the member's duties in relation to the 7
consideration of the matter, 8
the member must, as soon as possible after the relevant facts have come 9
to the member's knowledge, disclose the nature of the interest at a 10
meeting of the Board. 11
(2) A disclosure by a member at a meeting of the Board that the member: 12
(a) is a member, or is in the employment, of a specified company or 13
other body, or 14
(b) is a partner, or is in the employment, of a specified person, or 15
(c) has some other specified interest relating to a specified company 16
or other body or to a specified person, 17
is a sufficient disclosure of the nature of the interest in any matter 18
relating to that company or other body or to that person which may arise 19
after the date of the disclosure and which is required to be disclosed 20
under subclause (1). 21
(3) Particulars of any disclosure made under this clause must be recorded 22
by the Board in a book kept for the purpose and that book must be open 23
at all reasonable hours to inspection by any person on payment of the 24
fee determined by the Board. 25
(4) After a member has disclosed the nature of an interest in any matter, the 26
member must not, unless the Minister or the Board otherwise 27
determines: 28
(a) be present during any deliberation of the Board with respect to 29
the matter, or 30
(b) take part in any decision of the Board with respect to the matter. 31
(5) For the purposes of the making of a determination by the Board under 32
subclause (4), a member who has a direct or indirect pecuniary interest 33
in a matter to which the disclosure relates must not: 34
(a) be present during any deliberation of the Board for the purpose of 35
making the determination, or 36
(b) take part in the making by the Board of the determination. 37
(6) A contravention of this clause does not invalidate any decision of the 38
Board. 39
Page 30
Barangaroo Delivery Authority Bill 2009
Members and procedure of Board Schedule 1
10 Disclosure of other matters 1
(1) This clause applies to a member if the member: 2
(a) has an interest in a matter that is being considered or is about to 3
be considered at a meeting of the Board, and 4
(b) the interest is of a kind that is required to be disclosed under a 5
code of conduct prepared by the Minister and specified in the 6
regulations. 7
(2) Clause 9 applies to or in respect of a member to whom this clause 8
applies in the same way as that clause applies to or in respect of a 9
member who has an interest that is required to be disclosed under 10
clause 9 (1). 11
11 Effect of certain other Acts 12
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 13
does not apply to or in respect of the appointment of an appointed 14
member. 15
(2) If by or under any Act provision is made: 16
(a) requiring a person who is the holder of a specified office to 17
devote the whole of his or her time to the duties of that office, or 18
(b) prohibiting the person from engaging in employment outside the 19
duties of that office, 20
the provision does not operate to disqualify the person from holding that 21
office and also the office of an appointed member or from accepting and 22
retaining any remuneration payable to the person under this Act as a 23
member. 24
Part 3 Procedure 25
12 General procedure 26
The procedure for the calling of meetings of the Board and for the 27
conduct of business at those meetings is, subject to this Act and the 28
regulations, to be as determined by the Board. 29
13 Quorum 30
The quorum for a meeting of the Board is a majority of its members for 31
the time being. 32
14 Presiding member 33
(1) The Chairperson (or, in the absence of the Chairperson, a person elected 34
by the members of the Board who are present at a meeting of the Board) 35
is to preside at a meeting of the Board. 36
Page 31
Barangaroo Delivery Authority Bill 2009
Schedule 1 Members and procedure of Board
(2) The presiding member has a deliberative vote and, in the event of an 1
equality of votes, has a second or casting vote. 2
15 Voting 3
A decision supported by a majority of the votes cast at a meeting of the 4
Board at which a quorum is present is the decision of the Board. 5
16 Transaction of business outside meetings or by telephone 6
(1) The Board may, if it thinks fit, transact any of its business by the 7
circulation of papers among all the members of the Board for the time 8
being, and a resolution in writing approved in writing by a majority of 9
those members is taken to be a decision of the Board. 10
(2) The Board may, if it thinks fit, transact any of its business at a meeting 11
at which members (or some members) participate by telephone, 12
closed-circuit television or other means, but only if any member who 13
speaks on a matter before the meeting can be heard by the other 14
members. 15
(3) For the purposes of: 16
(a) the approval of a resolution under subclause (1), or 17
(b) a meeting held in accordance with subclause (2), 18
the Chairperson and each member have the same voting rights as they 19
have at an ordinary meeting of the Board. 20
(4) A resolution approved under subclause (1) is, subject to the regulations, 21
to be recorded in the minutes of the meetings of the Board. 22
(5) Papers may be circulated among the members for the purposes of 23
subclause (1) by facsimile or other transmission of the information in 24
the papers concerned. 25
17 First meeting 26
The Minister may call the first meeting of the Board in such manner as 27
the Minister thinks fit. 28
Page 32
Barangaroo Delivery Authority Bill 2009
Land transferred to Authority Schedule 2
Schedule 2 Land transferred to Authority 1
(Section 26 (1)) 2
Lots 1, 3, 5 and 6 in Deposited Plan 876514 3
Page 33
Barangaroo Delivery Authority Bill 2009
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication in the Gazette or on the NSW 11
legislation website, the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provision consequent on enactment of this Act 19
2 Regulation of Barangaroo Headland Park and public domain 20
(1) This clause has effect in respect of land within the Barangaroo 21
Headland Park and public domain if an agreement under section 24 is 22
not in force in relation to that land. 23
(2) The Minister may, by order, determine the terms on which the Sydney 24
Harbour Foreshore Authority is to exercise its regulatory powers under 25
the Sydney Harbour Foreshore Authority Act 1998 or regulations under 26
that Act in respect of any land within the Barangaroo Headland Park and 27
public domain. 28
(3) The Minister is to notify the Authority and the Sydney Harbour 29
Foreshore Authority in writing of a determination under this clause. 30
(4) Section 24 applies to land that is subject to a determination under this 31
clause as if it were subject to an agreement under that section. 32
Page 34
Barangaroo Delivery Authority Bill 2009
Schedule 4 Amendment of Acts
Schedule 4 Amendment of Acts 1
4.1 Fines Act 1996 No 99 2
Schedule 1 Statutory provisions under which penalty notices issued 3
Insert in alphabetical order: 4
Barangaroo Delivery Authority Act 2009, section 45 5
4.2 Public Finance and Audit Act 1983 No 152 6
Schedule 2 Statutory bodies 7
Insert in alphabetical order: 8
Barangaroo Delivery Authority 9
4.3 Public Sector Employment and Management Act 2002 No 43 10
Schedule 1 Divisions of the Government Service 11
Insert in appropriate order in the Table to Part 1 in Columns 1 and 2, 12
respectively: 13
Office of the Barangaroo Delivery Chief Executive Officer of the Authority
Authority
4.4 Sydney Harbour Foreshore Authority Act 1998 No 170 14
Schedule 1 Foreshore area 15
Omit the matter in the Schedule. Insert instead: 16
The area bounded by a heavy black line drawn on the map 17
marked "Sydney Harbour Foreshore Authority--Foreshore 18
Area--Amendment No 5", dated 26 February 2009, copies of 19
which are deposited in the offices of the Sydney Harbour 20
Foreshore Authority. 21
Page 35
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