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This is a Bill, not an Act. For current law, see the Acts databases.
Infrastructure NSW Bill 2011
No , 2011
A Bill for
An Act to establish and confer functions on Infrastructure NSW; and for other
purposes.
Clause 1 Infrastructure NSW Bill 2011
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Infrastructure NSW Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects of Act 7
The objects of this Act are: 8
(a) to secure the efficient, effective, economic and timely planning, 9
co-ordination, selection, funding, implementation, delivery and 10
whole-of-lifecycle asset management of infrastructure that is 11
required for the economic and social well-being of the 12
community, and 13
(b) to ensure that decisions about infrastructure projects are informed 14
by expert professional analysis and advice. 15
4 Definitions 16
(1) In this Act: 17
Board means the Board of Infrastructure NSW. 18
Chief Executive Officer means the Chief Executive Officer and 19
Co-ordinator General, Infrastructure NSW. 20
function includes a power, authority or duty, and exercise a function 21
includes perform a duty. 22
government agency means: 23
(a) a public authority constituted by or under an Act, or 24
(b) a NSW Government agency, or 25
(c) a Division of the Government Service, or 26
(d) a council (within the meaning of the Local Government Act 1993) 27
or other local authority, or 28
(e) a SOC. 29
Infrastructure NSW means Infrastructure NSW constituted under this 30
Act. 31
major infrastructure project means a project to provide infrastructure: 32
(a) that has a capital investment value of more than $100 million, or 33
Page 2
Infrastructure NSW Bill 2011 Clause 4
Preliminary Part 1
(b) that is nominated by the Premier as a special project requiring 1
oversight or co-ordination by Infrastructure NSW. 2
The capital investment value of a project includes all costs necessary to 3
establish and operate the project (including design and construction 4
costs, but not including land costs or GST). 5
private sector includes the not-for-profit sector. 6
SOC means a State owned corporation. 7
(2) Notes included in this Act do not form part of this Act. 8
Page 3
Clause 5 Infrastructure NSW Bill 2011
Part 2 Constitution and management of Infrastructure NSW
Part 2 Constitution and management of Infrastructure 1
NSW 2
5 Constitution of Infrastructure NSW 3
There is constituted by this Act a body corporate with the corporate 4
name of Infrastructure NSW. 5
6 Status of Infrastructure NSW 6
Infrastructure NSW is, for the purposes of any Act, a NSW Government 7
agency. 8
7 Ministerial control 9
Infrastructure NSW is subject to the control and direction of the Premier 10
in the exercise of its functions. 11
8 Board of Infrastructure NSW 12
(1) There is to be a Board of Infrastructure NSW. 13
(2) The Board is to consist of the following members: 14
(a) a person appointed by the Premier as the Chairperson of the 15
Board, 16
(b) not more than 5 persons appointed by the Premier from the 17
private sector who together have skills and experience in 18
infrastructure planning, funding and delivery, 19
(c) the Chief Executive Officer, 20
(d) the Director-General of the Department of Premier and Cabinet, 21
(e) the Secretary of the Treasury, 22
(f) the Director-General of the Department of Trade and Investment, 23
Regional Infrastructure and Services, 24
(g) the Director-General of the Department of Planning and 25
Infrastructure. 26
(3) The Board has the function of determining the general policies and 27
strategic direction of Infrastructure NSW and of advising the Premier 28
and the Chief Executive Officer on: 29
(a) the strategies, plans and statements under Part 4, and 30
(b) progress in the delivery of major infrastructure projects identified 31
in those strategies, plans and statements, and 32
(c) other matters relating to infrastructure at the request of the 33
Premier or the Chief Executive Officer or on its own initiative. 34
Page 4
Infrastructure NSW Bill 2011 Clause 9
Constitution and management of Infrastructure NSW Part 2
(4) If the Premier makes any amendment to the strategies, plans and 1
statements submitted by Infrastructure NSW under Part 4, the Board 2
may advise the Premier that it does not agree with the amendment and 3
make that advice available to the public. 4
Note. Schedule 1 sets out the provisions relating to the members and 5
procedure of the Board. 6
9 Chief Executive Officer and Co-ordinator General 7
(1) The Chief Executive Officer and Co-ordinator General, Infrastructure 8
NSW, is the person holding office as such under Chapter 1A of the 9
Public Sector Employment and Management Act 2002. 10
(2) The affairs of Infrastructure NSW are to be managed and controlled by 11
the Chief Executive Officer in accordance with the general policies and 12
strategic direction determined by the Board of Infrastructure NSW. 13
(3) Any act, matter or thing done in the name of, or on behalf of 14
Infrastructure NSW by the Chief Executive Officer is taken to have 15
been done by Infrastructure NSW. 16
10 Staff of Infrastructure NSW 17
(1) Infrastructure NSW may arrange for the use of the services of any staff 18
(whether by way of secondment or otherwise) or of any facilities of any 19
government agency to enable Infrastructure NSW to exercise its 20
functions. 21
(2) Infrastructure NSW cannot employ any staff. 22
Note. Staff may be employed under Chapter 1A of the Public Sector 23
Employment and Management Act 2002 in the Government Service to enable 24
Infrastructure NSW to exercise its functions. Under section 4K of that Act a 25
reference in this Act to a member of staff of Infrastructure NSW is a reference 26
to staff so employed or to persons of whose services Infrastructure NSW makes 27
use. 28
Page 5
Clause 11 Infrastructure NSW Bill 2011
Part 3 Functions of Infrastructure NSW
Part 3 Functions of Infrastructure NSW 1
11 General and specific functions of Infrastructure NSW 2
(1) Infrastructure NSW has the following functions: 3
(a) to prepare and submit to the Premier a 20-year State 4
infrastructure strategy, 5
(b) to prepare and submit to the Premier 5-year infrastructure plans 6
and other plans requested by the Premier, 7
(c) to prepare and submit to the Premier sectoral State infrastructure 8
strategy statements, 9
(d) to prepare project implementation plans for major infrastructure 10
projects, 11
(e) to review and evaluate proposed major infrastructure projects by 12
government agencies or the private sector and other proposed 13
infrastructure projects (including recommendations for the role 14
of Infrastructure NSW in the delivery of those projects), 15
(f) to oversee and monitor the delivery of major infrastructure 16
projects and other infrastructure projects identified in plans 17
adopted by the Premier, 18
(g) to carry out or be responsible for the delivery of a specified major 19
infrastructure project in accordance with an order of the Premier 20
under Part 5, 21
(h) to assess the risks involved in planning, funding, delivering and 22
maintaining infrastructure, and the management of those risks, 23
(i) to provide advice to the Premier on economic or regulatory 24
impediments to the efficient delivery of specific infrastructure 25
projects or infrastructure projects in specific sectors, 26
(j) to provide advice to the Premier on appropriate funding models 27
for infrastructure, 28
(k) to co-ordinate the infrastructure funding submissions of the State 29
and its agencies to the Commonwealth Government and to other 30
bodies, 31
(l) to carry out reviews of completed infrastructure projects at the 32
request of the Premier, 33
(m) to provide advice on any matter relating to infrastructure that the 34
Premier requests. 35
(2) Infrastructure NSW is to exercise its functions with a view to achieving 36
the objects of this Act. 37
Page 6
Infrastructure NSW Bill 2011 Clause 12
Functions of Infrastructure NSW Part 3
(3) Infrastructure NSW may exercise any other function delegated to it by 1
another government agency. 2
(4) Infrastructure NSW has such other functions as are conferred or 3
imposed on it by or under this or any other Act. 4
12 Acceptance of delegated functions by Infrastructure NSW 5
(1) Infrastructure NSW may accept a delegation of the functions of a 6
government agency relating to the planning, funding, delivery or 7
maintenance of infrastructure. 8
(2) The government agency is authorised to delegate any such function to 9
Infrastructure NSW. 10
13 Delegation of Infrastructure NSW's functions 11
(1) Infrastructure NSW may delegate to an authorised person any of its 12
functions, other than this power of delegation. This power of delegation 13
extends to a function delegated to Infrastructure NSW by a government 14
agency. 15
(2) A delegate may sub-delegate to an authorised person any function 16
delegated by Infrastructure NSW if the delegate is authorised in writing 17
to do so by Infrastructure NSW. 18
(3) In this section, authorised person means: 19
(a) a member of the staff of Infrastructure NSW, or 20
(b) a person, a committee of persons or a person of a class approved 21
by the Premier or prescribed by the regulations. 22
14 Exercise of functions through joint ventures etc 23
Any function of Infrastructure NSW may be exercised by: 24
(a) Infrastructure NSW itself, or 25
(b) Infrastructure NSW in a partnership, joint venture or other 26
association with government agencies or other persons or bodies. 27
15 Obligations of government agencies 28
(1) A government agency has the following obligations in respect of 29
infrastructure projects: 30
(a) to co-operate with Infrastructure NSW in the exercise of the 31
functions of Infrastructure NSW, including complying with any 32
reasonable request of Infrastructure NSW for information to 33
enable Infrastructure NSW to exercise its functions, 34
(b) to notify Infrastructure NSW of any proposed exercise of the 35
functions of the agency that may impact adversely on the current 36
Page 7
Clause 15 Infrastructure NSW Bill 2011
Part 3 Functions of Infrastructure NSW
5-year infrastructure plan or a project implementation plan under 1
Part 4. 2
(2) This section does not extend to the investigative, complaints handling 3
and other law enforcement functions of the NSW Police Force, the 4
Independent Commission Against Corruption, the Ombudsman's 5
Office, the Police Integrity Commission or the office of the 6
Auditor-General. 7
Page 8
Infrastructure NSW Bill 2011 Clause 16
Infrastructure strategies and planning Part 4
Part 4 Infrastructure strategies and planning 1
Division 1 20-year State infrastructure strategy 2
16 Preparation of 20-year State infrastructure strategy 3
(1) Infrastructure NSW must prepare and submit to the Premier a 20-year 4
State infrastructure strategy. 5
(2) The strategy is to be prepared within such time as the Premier directs. 6
(3) Infrastructure NSW is to review the strategy every 5 years (and at such 7
other times as the Premier directs or it considers appropriate) and 8
submit a revised strategy to the Premier. 9
17 Content of 20-year State infrastructure strategy 10
(1) The 20-year State infrastructure strategy must assess the current state of 11
infrastructure in New South Wales and the needs and strategic priorities 12
for infrastructure in New South Wales for the next 20 years. 13
(2) The strategy may include the following: 14
(a) economic, social and environmental objectives against which the 15
performance of the State's infrastructure network can be assessed 16
and benchmarked, 17
(b) the identification, on the basis of detailed, objective and 18
quantitative evidence, of current land use plans and population 19
projections, deficiencies in the State's infrastructure and the areas 20
in which deficiencies in the State's infrastructure network are 21
causing the most serious economic, social or environmental 22
costs, 23
(c) an assessment of options available to deal with those identified 24
deficiencies and to reduce those economic, social and 25
environmental costs, including options relating to demand 26
management and other policy, pricing and regulatory reform 27
options, 28
(d) the identification of projects and policies that will best deal with 29
those identified deficiencies and reduce those economic, social 30
and environmental costs. 31
(3) Infrastructure NSW must, in preparing or reviewing the strategy, have 32
regard to any State strategic priority of which Infrastructure NSW has 33
been advised by the Premier. 34
18 Adoption by Premier of 20-year State infrastructure strategy 35
(1) The Premier is to consider any 20-year State infrastructure strategy 36
submitted by Infrastructure NSW, and adopt the strategy with or 37
Page 9
Clause 19 Infrastructure NSW Bill 2011
Part 4 Infrastructure strategies and planning
without amendments or refer it back to Infrastructure NSW for further 1
consideration. 2
(2) The Premier must notify Infrastructure NSW of the Premier's decision 3
and make the adopted strategy publicly available. 4
Division 2 5-year infrastructure plans 5
19 Preparation of 5-year infrastructure plan 6
(1) Infrastructure NSW must prepare and submit to the Premier a 5-year 7
infrastructure plan. 8
(2) The plan is to identify specific major infrastructure projects to be 9
undertaken as a priority in the following 5 years. 10
(3) Infrastructure NSW is to review the plan each year (and at such other 11
times as the Premier directs or it considers appropriate) and submit a 12
revised plan to the Premier. 13
20 Content of 5-year infrastructure plans 14
(1) A 5-year infrastructure plan may include the following in relation to the 15
identified priority major infrastructure projects: 16
(a) the rationale for the selection of the priority projects, 17
(b) the estimated cost of the priority projects, 18
(c) the recommended funding and delivery arrangements for the 19
priority projects, 20
(d) the estimated timeframe for the delivery of the priority projects. 21
(2) In preparing the plan, Infrastructure NSW must have regard to the 22
20-year State infrastructure strategy adopted by the Premier. 23
21 Adoption by Premier of 5-year infrastructure plans 24
(1) The Premier is to consider a 5-year infrastructure plan submitted by 25
Infrastructure NSW, and adopt the plan with or without amendments or 26
refer it back to Infrastructure NSW for further consideration. 27
(2) The Premier must notify Infrastructure NSW of the Premier's decision, 28
and make the adopted plan publicly available. 29
22 Other infrastructure plans 30
(1) Infrastructure NSW is to prepare and submit to the Premier such other 31
infrastructure plans as the Premier directs. 32
(2) The Premier may direct that any such plan be included in the 5-year 33
infrastructure plan or in a separate plan. 34
Page 10
Infrastructure NSW Bill 2011 Clause 23
Infrastructure strategies and planning Part 4
Division 3 Sectoral State infrastructure strategy statements 1
23 Preparation of sectoral State infrastructure strategy statements 2
(1) Infrastructure NSW must prepare and submit to the Premier a sectoral 3
State infrastructure strategy statement for any particular sector or 4
sectors that the Premier considers significant for the State. 5
(2) The statement is to be prepared within such time as the Premier directs. 6
24 Content of sectoral State infrastructure strategy statements 7
A sectoral State infrastructure strategy statement may include the 8
following: 9
(a) an analysis of existing infrastructure in the sector, 10
(b) an analysis of current and future needs in the sector, 11
(c) options available to deal with those needs or to influence demand 12
in the sector, 13
(d) criteria for evaluating those options and selecting the preferred 14
options, 15
(e) consideration of impacts on land use planning in the sector, on 16
other sectors and on key stakeholders in the sector, 17
(f) the preferred long term infrastructure strategy for the sector. 18
25 Adoption by Premier of sectoral State infrastructure strategy statements 19
(1) The Premier is to consider any sectoral State infrastructure strategy 20
statement submitted by Infrastructure NSW, and adopt the statement 21
with or without amendments or refer it back to Infrastructure NSW for 22
further consideration. 23
(2) The Premier must notify Infrastructure NSW of the Premier's decision, 24
and make the adopted statement publicly available. 25
Division 4 Project implementation plans 26
26 Project implementation plans for major infrastructure projects 27
(1) Infrastructure NSW may determine that a project implementation plan 28
should be prepared for a major infrastructure project identified under 29
this Part in order to facilitate the oversight and monitoring of the 30
delivery of the project by Infrastructure NSW. 31
(2) In deciding whether a project implementation plan is required for a 32
project, Infrastructure NSW is to take into account the importance of the 33
project to the State and the resources of the relevant government agency 34
to deliver the project on time and within budget. 35
Page 11
Clause 27 Infrastructure NSW Bill 2011
Part 4 Infrastructure strategies and planning
(3) Infrastructure NSW may prepare a project implementation plan in 1
consultation with the government agency responsible for the delivery of 2
the project or may direct the agency to prepare the plan to the 3
satisfaction of Infrastructure NSW. 4
(4) The Treasurer is to be consulted on the preparation of a project 5
implementation plan. 6
(5) Section 15 sets out the obligations of government agencies with respect 7
to its co-operation with Infrastructure NSW. 8
27 Content of project implementation plan 9
(1) A project implementation plan may include the following in relation to 10
the project concerned: 11
(a) the government agency or agencies responsible for the 12
construction and delivery of the project, 13
(b) the funding envelope for the project cost, 14
(c) the funding and procurement model for the project, 15
(d) the project delivery method, including the role (if any) of the 16
private sector, 17
(e) the timeframe for the delivery of the project, 18
(f) the ongoing operation and maintenance of the project, 19
(g) other matters relating to the delivery of the project. 20
(2) A project implementation plan may relate to more than one project and 21
involve more than one government agency. 22
Page 12
Infrastructure NSW Bill 2011 Clause 28
Step-in powers for delivery of major infrastructure projects Part 5
Part 5 Step-in powers for delivery of major 1
infrastructure projects 2
28 Definitions 3
In this Part and Schedule 2: 4
assets means any legal or equitable estate or interest (whether present or 5
future and whether vested or contingent and whether personal or 6
assignable) in real or personal property of any description (including 7
money), and includes securities, choses in action and documents. 8
carry out a project means carry out development (within the meaning of 9
the Environmental Planning and Assessment Act 1979) for the purposes 10
of the project. 11
government agency does not include a council (within the meaning of 12
the Local Government Act 1993) or other local authority. 13
liabilities means any liabilities, debts or obligations (whether present or 14
future and whether vested or contingent and whether personal or 15
assignable). 16
project authorisation order means an order under section 30. 17
project divesting order means an order under section 35. 18
rights means any rights, powers, privileges or immunities (whether 19
present or future and whether vested or contingent and whether personal 20
or assignable). 21
29 Step-in functions of Infrastructure NSW 22
Infrastructure NSW has the following functions: 23
(a) to carry out a major infrastructure project if authorised to do so 24
by a project authorisation order, 25
(b) to be responsible, in accordance with a project authorisation 26
order, for a major infrastructure project that is carried out by, or 27
that involves, another government agency. 28
30 Project authorisation orders 29
(1) The Premier may make orders for the purposes of this Part (project 30
authorisation orders). 31
(2) A project authorisation order must be published in the Gazette. 32
(3) A project authorisation order may be made on such terms and 33
conditions as the Premier determines and as are specified or referred to 34
in the order. 35
Page 13
Clause 31 Infrastructure NSW Bill 2011
Part 5 Step-in powers for delivery of major infrastructure projects
31 Authorisation to carry out projects 1
A project authorisation order may authorise Infrastructure NSW to 2
carry out a major infrastructure project specified in the order. 3
32 Authorisation to take over projects 4
(1) A project authorisation order may, in the case of a major infrastructure 5
project that is carried out by (or that involves) another government 6
agency, declare Infrastructure NSW to be responsible for the 7
government agency's functions in relation to the carrying out of the 8
project. 9
(2) The following provisions have effect on the making of a project 10
authorisation order as referred to in this section: 11
(a) Infrastructure NSW has and may exercise all of the functions of 12
the government agency in relation to the project, 13
(b) the government agency may not exercise any functions in relation 14
to the project except with the consent of Infrastructure NSW, 15
(c) Infrastructure NSW may, with the concurrence of the Premier 16
and after consulting with the government agency, give directions 17
to the government agency in relation to the project, 18
(d) the government agency must comply with any such directions 19
given to it by Infrastructure NSW. 20
This subsection does not limit the terms and conditions of a project 21
authorisation order that the Premier may determine under this Part. 22
(3) A project authorisation order may relate to the exercise of the functions 23
of a number of government agencies. 24
(4) Before making a project authorisation order that declares Infrastructure 25
NSW to be responsible for a major infrastructure project that is carried 26
out by (or that involves) a SOC, the Premier is to consult with the 27
following: 28
(a) the portfolio Minister of the SOC, 29
(b) the voting shareholders of the SOC, 30
(c) the chairperson of the board of directors of the SOC. 31
(5) Failure to comply with subsection (4) does not affect the validity of the 32
order. 33
33 Transfer of assets, rights and liabilities 34
(1) If a project authorisation order declares Infrastructure NSW to be 35
responsible for another government agency's functions in relation to the 36
carrying out of a major infrastructure project, the order may provide for 37
Page 14
Infrastructure NSW Bill 2011 Clause 34
Step-in powers for delivery of major infrastructure projects Part 5
the transfer to Infrastructure NSW of such assets, rights and liabilities 1
of the government agency (or classes of such assets, rights and 2
liabilities) as are relevant to the project and are specified in the order. 3
(2) Schedule 2 applies to a project authorisation order that provides for the 4
transfer of any such assets, rights and liabilities. 5
34 Acquisition of land 6
(1) Infrastructure NSW may, for the purposes of exercising its functions in 7
relation to a major infrastructure project as authorised by a project 8
authorisation order, acquire land by agreement or compulsory process 9
in accordance with the Land Acquisition (Just Terms Compensation) 10
Act 1991. 11
(2) For the purposes of the Public Works Act 1912, any such acquisition of 12
land is taken to be an authorised work, and Infrastructure NSW is, in 13
relation to that authorised work, taken to be the Constructing Authority. 14
(3) Sections 3437 of the Public Works Act 1912 do not apply to or in 15
respect of a major infrastructure project to which a project authorisation 16
order relates. 17
35 Transfer of Infrastructure NSW managed projects to government agency 18
(1) The Premier may, by order published in the Gazette (a project divesting 19
order), direct that the assets, rights and liabilities of Infrastructure NSW 20
in relation to a major infrastructure project specified in the order 21
(including any assets, rights and liabilities that have been transferred to 22
Infrastructure NSW by a project authorisation order) be transferred to 23
another government agency specified in the order. 24
(2) The assets, rights and liabilities to be transferred by a project divesting 25
order may consist of a specified class of assets, rights and liabilities. An 26
order may transfer assets, rights and liabilities in relation to a project to 27
a number of government agencies. 28
(3) A project divesting order may be made on such terms and conditions as 29
the Premier determines and as are specified or referred to in the order. 30
(4) Schedule 2 applies to a project divesting order. 31
(5) Before making a project divesting order that transfers any assets, rights 32
or liabilities to a SOC, the Premier is to consult with the following: 33
(a) the portfolio Minister of the SOC, 34
(b) the voting shareholders of the SOC, 35
(c) the chairperson of the board of directors of the SOC. 36
(6) Failure to comply with subsection (5) does not affect the validity of the 37
order. 38
Page 15
Clause 36 Infrastructure NSW Bill 2011
Part 5 Step-in powers for delivery of major infrastructure projects
36 Application of orders 1
A project authorisation order or a project divesting order may apply to 2
the whole of a major infrastructure project or to a specified part of such 3
a project only. Accordingly, a reference in this Part to a major 4
infrastructure project includes a reference to any part of a project that is 5
the subject of a project authorisation order or a project divesting order. 6
Page 16
Infrastructure NSW Bill 2011 Clause 37
Miscellaneous Part 6
Part 6 Miscellaneous 1
37 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of the Parliament of New South Wales permits, the 4
Crown in all its other capacities. 5
38 Disclosure of pecuniary interests 6
(1) In this section: 7
Board member means the Chairperson or other member of the Board. 8
(2) If: 9
(a) a Board member has a direct or indirect pecuniary interest in a 10
matter being considered or about to be considered at a meeting of 11
the Board, and 12
(b) the interest appears to raise a conflict with the proper 13
performance of the Board member's duties in relation to the 14
consideration of the matter, 15
the Board member must, as soon as possible after the relevant facts have 16
come to the Board member's knowledge, disclose the nature of the 17
interest at a meeting of the Board. 18
(3) If: 19
(a) the Chief Executive Officer has a direct or indirect pecuniary 20
interest in a matter being considered or about to be considered by 21
the Chief Executive Officer in connection with his or her 22
functions (otherwise than at a meeting of the Board), and 23
(b) the interest appears to raise a conflict with the proper 24
performance of the Chief Executive Officer's duties in relation to 25
the consideration of the matter, 26
the Chief Executive Officer must, as soon as possible after the relevant 27
facts have come to his or her knowledge, disclose the nature of the 28
interest to the Premier. 29
(4) A disclosure by a Board member at a meeting of the Board that the 30
Board member, or by the Chief Executive Officer to the Premier that the 31
Chief Executive Officer: 32
(a) is a member, or is in the employment, of a specified company or 33
other body, or 34
(b) is a partner, or is in the employment, of a specified person, or 35
Page 17
Clause 39 Infrastructure NSW Bill 2011
Part 6 Miscellaneous
(c) has some other specified interest relating to a specified company 1
or other body or to a specified person, 2
is a sufficient disclosure of the nature of the interest in any matter 3
relating to that company or other body or to that person which may arise 4
after the date of the disclosure and which is required to be disclosed 5
under this section. 6
(5) Particulars of any disclosure made under this section must be recorded 7
by Infrastructure NSW in a book kept for the purpose and that book 8
must be open at all reasonable hours to inspection by any person. 9
(6) After a Board member has disclosed the nature of an interest in any 10
matter, the Board member must not, unless the Premier or the Board 11
otherwise determines: 12
(a) be present during any deliberation of the Board with respect to 13
the matter, or 14
(b) take part in any decision of the Board with respect to the matter. 15
(7) For the purposes of the making of a determination by the Board under 16
subsection (6), a Board member who has a direct or indirect pecuniary 17
interest in a matter to which the disclosure relates must not: 18
(a) be present during any deliberation of the Board for the purpose of 19
making the determination, or 20
(b) take part in the making by the Board of the determination. 21
(8) After the Chief Executive Officer has disclosed the nature of an interest 22
in any matter to the Premier, the Chief Executive Officer must not, 23
unless the Premier otherwise determines, exercise his or her functions 24
with respect to the matter. 25
(9) A contravention of this section does not invalidate any decision of the 26
Board or the Chief Executive Officer. 27
39 Personal liability 28
(1) A matter or thing done or omitted to be done by: 29
(a) Infrastructure NSW, or 30
(b) the Board of Infrastructure NSW, or 31
(c) the Chief Executive Officer, or 32
(d) a person acting under the direction of Infrastructure NSW, the 33
Board of Infrastructure NSW or the Chief Executive Officer, 34
does not, if the matter or thing was done or omitted to be done in good 35
faith for the purposes of executing this Act, subject a member of the 36
Board of Infrastructure NSW, the Chief Executive Officer or a person 37
so acting personally to any action, liability, claim or demand. 38
Page 18
Infrastructure NSW Bill 2011 Clause 40
Miscellaneous Part 6
(2) A reference in subsection (1) to the execution of this Act includes a 1
reference to the execution of the provisions of any other Act that confer 2
or impose functions on Infrastructure NSW. 3
40 Regulations 4
(1) The Governor may make regulations, not inconsistent with this Act, for 5
or with respect to any matter that by this Act is required or permitted to 6
be prescribed or that is necessary or convenient to be prescribed for 7
carrying out or giving effect to this Act. 8
(2) The regulations may contain provisions of a savings or transitional 9
nature consequent on the enactment of this Act. 10
41 Review of Act 11
(1) The Premier is to review this Act to determine whether the policy 12
objectives of the Act remain valid and whether the terms of the Act 13
remain appropriate for securing those objectives. 14
(2) The review is to be undertaken as soon as possible after the period of 15
5 years from the commencement of this Act. 16
(3) A report on the outcome of the review is to be tabled in each House of 17
Parliament within 12 months after the end of the period of 5 years. 18
Page 19
Infrastructure NSW Bill 2011
Schedule 1 Members and procedure of Board of Infrastructure NSW
Schedule 1 Members and procedure of Board of 1
Infrastructure NSW 2
Part 1 Preliminary 3
1 Definitions 4
In this Schedule: 5
appointed member means the Chairperson of the Board or other 6
member of the Board who is appointed by the Premier. 7
Board means the Board of Infrastructure NSW. 8
member means an appointed or ex-officio member of the Board. 9
Part 2 Members 10
2 Terms of office of appointed members 11
Subject to this Schedule and the regulations, an appointed member 12
holds office for the period (not exceeding 4 years) specified in the 13
member's instrument of appointment, but is eligible (if otherwise 14
qualified) for re-appointment. 15
3 Remuneration of appointed members 16
(1) The Chairperson of the Board is entitled to be paid such remuneration 17
(including travelling and subsistence allowances) as is determined by 18
the Statutory and Other Offices Remuneration Tribunal. 19
(2) An appointed member (other than the Chairperson of the Board) is 20
entitled to be paid such remuneration (including travelling and 21
subsistence allowances) as the Premier may from time to time 22
determine in respect of the member. 23
4 Vacancy in office of appointed member 24
(1) The office of an appointed member becomes vacant if the member: 25
(a) dies, or 26
(b) completes a term of office and is not re-appointed, or 27
(c) resigns the office by instrument in writing addressed to the 28
Premier, or 29
(d) is removed from office by the Premier under this clause, or 30
(e) is absent from 3 consecutive meetings of the Board of which 31
reasonable notice has been given to the member personally or by 32
post, except on leave granted by the Premier or unless the 33
Page 20
Infrastructure NSW Bill 2011
Members and procedure of Board of Infrastructure NSW Schedule 1
member is excused by the Premier for having been absent from 1
those meetings, or 2
(f) becomes bankrupt, applies to take the benefit of any law for the 3
relief of bankrupt or insolvent debtors, compounds with his or her 4
creditors or makes an assignment of his or her remuneration for 5
their benefit, or 6
(g) becomes a mentally incapacitated person, or 7
(h) is convicted in New South Wales of an offence that is punishable 8
by imprisonment for 12 months or more or is convicted 9
elsewhere than in New South Wales of an offence that, if 10
committed in New South Wales, would be an offence so 11
punishable. 12
(2) The Premier may remove an appointed member from office at any time. 13
5 Filling of vacancy in office of appointed member 14
If the office of any appointed member becomes vacant, a person is, 15
subject to this Act and the regulations, to be appointed to fill the 16
vacancy. 17
6 Effect of certain other Acts 18
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 19
does not apply to or in respect of the appointment of an appointed 20
member. 21
(2) If by or under any Act provision is made: 22
(a) requiring a person who is the holder of a specified office to 23
devote the whole of his or her time to the duties of that office, or 24
(b) prohibiting the person from engaging in employment outside the 25
duties of that office, 26
the provision does not operate to disqualify the person from holding that 27
office and also the office of an appointed member or from accepting and 28
retaining any remuneration payable to the person under this Act as a 29
member. 30
Part 3 Procedure 31
7 General procedure 32
The procedure for the calling of meetings of the Board and for the 33
conduct of business at those meetings is, subject to this Act and the 34
regulations, to be as determined by the Board. 35
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Infrastructure NSW Bill 2011
Schedule 1 Members and procedure of Board of Infrastructure NSW
8 Quorum 1
The quorum for a meeting of the Board is a majority of the members for 2
the time being. 3
9 Presiding member 4
(1) The Chairperson of the Board (or, in the absence of the Chairperson, a 5
person elected by the members of the Board who are present at a 6
meeting of the Board) is to preside at a meeting of the Board. 7
(2) The presiding member has a deliberative vote and, in the event of an 8
equality of votes, has a second or casting vote. 9
10 Voting 10
A decision supported by a majority of the votes cast at a meeting of the 11
Board at which a quorum is present is the decision of the Board. 12
11 Transaction of business outside meetings or by telephone 13
(1) The Board may, if it thinks fit, transact any of its business by the 14
circulation of papers among all the members of the Board for the time 15
being, and a resolution in writing approved in writing by a majority of 16
those members is taken to be a decision of the Board. 17
(2) The Board may, if it thinks fit, transact any of its business at a meeting 18
at which members (or some members) participate by telephone, 19
closed-circuit television or other means, but only if any member who 20
speaks on a matter before the meeting can be heard by the other 21
members. 22
(3) For the purposes of: 23
(a) the approval of a resolution under subclause (1), or 24
(b) a meeting held in accordance with subclause (2), 25
the Chairperson and each member have the same voting rights as they 26
have at an ordinary meeting of the Board. 27
(4) A resolution approved under subclause (1) is, subject to the regulations, 28
to be recorded in the minutes of the meetings of the Board. 29
(5) Papers may be circulated among the members for the purposes of 30
subclause (1) by facsimile or other transmission of the information in 31
the papers concerned. 32
12 First meeting 33
The Premier may call the first meeting of the Board in such manner as 34
the Premier thinks fit. 35
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Infrastructure NSW Bill 2011
Transfer of assets, rights and liabilities Schedule 2
Schedule 2 Transfer of assets, rights and liabilities 1
(Sections 33 and 35) 2
1 Application and interpretation 3
(1) This Schedule applies to the following orders: 4
(a) a project authorisation order that makes provision for the transfer 5
of assets, rights and liabilities as referred to in section 33, 6
(b) a project divesting order. 7
(2) On the repeal of the Infrastructure Implementation Corporation 8
Act 2005 by this Act the Infrastructure Implementation Corporation is 9
dissolved and this Schedule applies as if an order had been made 10
transferring any assets, rights or liabilities of the Corporation to 11
Infrastructure NSW. 12
(3) For the purposes of this Schedule, the government agency from which 13
any assets, rights or liabilities are transferred by an order to which this 14
Schedule applies is called the transferor and the government agency to 15
which they are being so transferred is called the transferee. 16
(4) In this Schedule: 17
instrument means an instrument (other than this Act) that creates, 18
modifies or extinguishes rights or liabilities (or would do so if lodged, 19
filed or registered in accordance with any law), and includes any 20
judgment, order or process of a court. 21
2 Vesting of undertaking in transferee 22
When any assets, rights or liabilities are transferred by an order to which 23
this Schedule applies, the following provisions have effect (subject to 24
the order): 25
(a) those assets of the transferor vest in the transferee by virtue of this 26
Schedule and without the need for any conveyance, transfer, 27
assignment or assurance, 28
(b) those rights and liabilities of the transferor become by virtue of 29
this Schedule the rights and liabilities of the transferee, 30
(c) all proceedings relating to those assets, rights or liabilities 31
commenced before the transfer by or against the transferor or a 32
predecessor of the transferor and pending immediately before the 33
transfer are taken to be proceedings pending by or against the 34
transferee, 35
(d) the transferee has all the entitlements and obligations of the 36
transferor in relation to those assets, rights and liabilities that the 37
transferor would have had but for the order, whether or not those 38
Page 23
Infrastructure NSW Bill 2011
Schedule 2 Transfer of assets, rights and liabilities
entitlements and obligations were actual or potential at the time 1
the order took effect, 2
(e) any act, matter or thing done or omitted to be done in relation to 3
those assets, rights or liabilities before the transfer by, to or in 4
respect of the transferor is (to the extent that that act, matter or 5
thing has any force or effect) taken to have been done or omitted 6
by, to or in respect of the transferee, 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 those assets, rights 10
or liabilities but subject to the order), to be read as, or as 11
including, a reference to the transferee. 12
3 Operation of Schedule 13
(1) The operation of this Schedule is not to be regarded: 14
(a) as a breach of contract or confidence or otherwise as a civil 15
wrong, or 16
(b) as a breach of any contractual provision prohibiting, restricting or 17
regulating the assignment or transfer of assets, rights or 18
liabilities, or 19
(c) as giving rise to any remedy by a party to an instrument, or as 20
causing or permitting the termination of any instrument, because 21
of a change in the beneficial or legal ownership of any asset, right 22
or liability. 23
(2) The operation of this Schedule is not to be regarded as an event of 24
default under any contract or other instrument. 25
(3) No attornment to the transferee by a lessee from the transferor is 26
required. 27
(4) The operation of this Schedule includes the making of an order to which 28
this Schedule applies. 29
4 Date of vesting 30
An order to which this Schedule applies takes effect on the date 31
specified in the order. 32
5 Consideration for vesting 33
An order to which this Schedule applies may specify the consideration 34
(if any) on which the order is made and the value or values (if any) at 35
which the assets, rights or liabilities are transferred. 36
Page 24
Infrastructure NSW Bill 2011
Transfer of assets, rights and liabilities Schedule 2
6 Duties 1
Duty under the Duties Act 1997 is not chargeable in respect of: 2
(a) the transfer of assets, rights and liabilities to a person by an order 3
to which this Schedule applies, or 4
(b) anything certified by the Premier as having been done in 5
consequence of such a transfer (for example, the transfer or 6
registration of an interest in land). 7
7 Transfer of interest in land 8
(1) An order to which this Schedule applies may transfer an interest in 9
respect of land vested in the transferor without transferring the whole of 10
the interests of the transferor in that land. 11
(2) If the interest transferred is not a separate interest, the order operates to 12
create the interest transferred in such terms as are specified in the order. 13
(3) This clause does not limit any other provision of this Schedule. 14
8 Determinations of Premier for purposes of orders 15
For the purposes of any order to which this Schedule applies, a 16
determination by the Premier as to which entity any assets, rights or 17
liabilities relate is conclusive. 18
9 Confirmation of vesting 19
(1) The Premier may, by notice in writing, confirm a transfer of particular 20
assets, rights and liabilities by operation of this Schedule. 21
(2) Such a notice is conclusive evidence of that transfer. 22
Page 25
Infrastructure NSW Bill 2011
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts 1
3.1 Public Finance and Audit Act 1983 No 152 2
Schedule 2 Statutory bodies 3
Omit: 4
Infrastructure Implementation Corporation 5
Insert in alphabetical order: 6
Infrastructure NSW 7
3.2 Statutory and Other Offices Remuneration Act 1975 (1976 8
No 4) 9
Schedule 2 Public offices 10
Insert at the end of Part 1: 11
Chairperson of the Board of Infrastructure NSW 12
Page 26
Infrastructure NSW Bill 2011
Repeal of Infrastructure Implementation Corporation Act 2005 No 89 Schedule 4
Schedule 4 Repeal of Infrastructure Implementation 1
Corporation Act 2005 No 89 2
The Infrastructure Implementation Corporation Act 2005 is repealed. 3
Page 27
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