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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and
Assessment Amendment (Anti-
Corruption) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Environmental Planning and Assessment
Act 1979 No 203 2
4 Amendment of Independent Commission Against
Corruption Act 1988 No 35 2
Schedules
1 Amendment of Environmental Planning and Assessment
Act 1979 3
2 Amendment of Independent Commission Against
Corruption Act 1988 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2002
New South Wales
Environmental Planning and
Assessment Amendment (Anti-
Corruption) Bill 2002
Act No , 2002
An Act to amend the Environmental Planning and Assessment Act 1979 to deal
with development consents that are tainted by corrupt conduct; to amend the
Independent Commission Against Corruption Act 1988; and for other purposes.
Clause 1 Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment
(Anti-Corruption) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Environmental Planning and Assessment Act 1979
No 203
The Environmental Planning and Assessment Act 1979 is amended as
set out in Schedule 1.
4 Amendment of Independent Commission Against Corruption Act 1988
No 35
The Independent Commission Against Corruption Act 1988 is
amended as set out in Schedule 2.
Page 2
Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
Schedule 1 Amendment of Environmental Planning
and Assessment Act 1979
(Section 3)
[1] Section 117A
Insert after section 117:
117A Inquiry into councils by Director-General of Department of Local
Government
(1) The Director-General of the Department of Planning may
request the Director-General of the Department of Local
Government to authorise an investigation under section 430 of
the Local Government Act 1993 into any aspect of a council's
performance of its environmental planning functions under this
Act that requires investigation.
(2) The Director-General of the Department of Local Government
is to provide the Director-General of the Department of
Planning with advice on the outcome of any such request or
investigation.
[2] Section 118 Appointment of environmental planning administrator
Insert after section 118 (1):
(2) In addition to the circumstances in which an appointment may
be made under subsection (1), the Minister may appoint a
person under that subsection 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 appointment
because of serious corrupt conduct by any of the councillors in
connection with the exercise or purported exercise of functions
conferred or imposed on the council by or under this Act. The
Minister may make the appointment without conducting an
inquiry but, in that case, the Minister is to inquire into the
matter as soon as practicable with a view to confirming or
revoking the appointment.
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Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(3) In subsection (2):
serious corrupt conduct means corrupt conduct (within the
meaning of the Independent Commission Against Corruption
Act 1988) that may constitute a serious indictable offence,
being conduct in connection with the exercise or purported
exercise of the functions of a councillor.
[3] Section 118 (6)
Insert "This subsection has effect even if the appointment is subsequently
found not to have been validly made." after " the person's appointment.".
[4] Section 119A
Insert after section 119:
119A Certain inquiries taken to be public inquiries for purposes of
Local Government Act 1993
An inquiry that is directed to be held under section 119 that
relates to the exercise, or the failure or refusal to exercise, by a
council of any of the functions conferred or imposed on it by
or under this Act may be relied on as a public inquiry for the
purposes of section 255 of the Local Government Act 1993.
[5] Section 124A
Insert after section 124:
124A Special provision where development consent tainted by
corruption
(1) For the purposes of this section, a decision of a consent
authority to grant or modify a development consent is tainted
by corrupt conduct:
(a) 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
suspension of the development consent or modification
with a view to its revocation because of serious corrupt
conduct by the consent authority or by a councillor or
Page 4
Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
Amendment of Environmental Planning and Assessment Act 1979 Schedule 1
other officer or member of staff of the consent authority
in connection with the grant of the consent or
modification, or
(b) if criminal proceedings are instituted against the consent
authority or against a councillor or other officer or
member of staff of the consent authority for serious
corrupt conduct in connection with the grant of the
consent or modification, or
(c) if the consent authority, councillor or other officer or
member of staff makes an admission of such serious
corrupt conduct.
(2) A breach of this Act that may be remedied or restrained in
proceedings instituted under this Division includes a decision
of a consent authority to grant or modify a development
consent that is tainted by corrupt conduct.
(3) If a decision of a consent authority to grant or modify a
development consent is tainted by corrupt conduct, the Minister
may, without prior notice or inquiry, suspend the decision
pending the institution and determination of proceedings under
this Division in respect of the decision. The Minister is to give
the consent authority and the applicant for the grant or
modification of the development consent written notice of the
suspension as soon as practicable after it is imposed.
(4) A suspension imposed by the Minister may be lifted by the
Minister at any time and is taken to be lifted if the proceedings
concerned are not instituted within 6 months after the
suspension is imposed.
(5) The Court may, in proceedings to which this section applies,
suspend the decision of a consent authority to grant or modify
a development consent pending the determination of the
proceedings. The Court may lift a suspension imposed by the
Minister under this section.
(6) The Court may, in proceedings to which this section applies,
revoke the decision of a consent authority to grant or modify a
development consent if:
(a) the decision is tainted by corrupt conduct, and
Page 5
Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
(b) the Court is satisfied that the revocation of the decision
will not significantly disadvantage any person affected
by the decision who was not a party to the corrupt
conduct.
The Court retains its discretion in proceedings to which this
section applies as to whether to revoke a decision that is tainted
by corrupt conduct.
(7) A development consent for the erection of a building, the
carrying out of a work or the demolition of a building or work
(or a modification of any such consent) is not to be suspended
or revoked under this section if the building, work or
demolition authorised by the consent (or by the modification)
has been substantially commenced.
(8) Section 101 does not apply to proceedings to which this
section applies.
(9) Compensation is not payable by the Minister or the State for
any loss suffered by a person because:
(a) a decision is suspended under this section (whether or
not the Court decides to revoke the decision), or
(b) a decision is revoked under this section.
(10) This section applies:
(a) to decisions made by a consent authority before or after
the commencement of this section, and
(b) to serious corrupt conduct, and to criminal proceedings
instituted or admissions made in respect of serious
corrupt conduct, before or after that commencement.
(11) In this section:
serious corrupt conduct means corrupt conduct (within the
meaning of the Independent Commission Against Corruption
Act 1988) that may constitute a serious indictable offence.
[6] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Environmental Planning and Assessment Amendment (Anti-
Corruption) Act 2002
Page 6
Environmental Planning and Assessment Amendment (Anti-Corruption)
Bill 2002
Amendment of Independent Commission Against Corruption Act 1988 Schedule 2
Schedule 2 Amendment of Independent Commission
Against Corruption Act 1988
(Section 4)
Section 74C Reports relating to local government authorities
Insert after section 74C (3):
(3A) The Commission is authorised to include in a report under
section 74 a recommendation that consideration be given to the
appointment of a person under section 118 of the
Environmental Planning and Assessment Act 1979 to
administer functions of a council under that Act because of
serious corrupt conduct by any of the councillors in connection
with the exercise or purported exercise of those functions.
(3B) The Commission is authorised to include in a report under
section 74 a recommendation that consideration be given to the
suspension of a development consent granted by a consent
authority under the Environmental Planning and Assessment
Act 1979, or of a modification of such a consent, with a view
to its revocation because of serious corrupt conduct by the
consent authority or by a councillor or other officer or member
of staff of the consent authority in connection with the grant of
the consent or modification.
Page 7
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