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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Nation Building and Jobs Plan (State
Infrastructure Delivery) Bill 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Definitions 2
5 Infrastructure projects to which Act applies 3
Part 2 Infrastructure Co-ordinator General
6 The NSW Infrastructure Co-ordinator General 4
7 Advisory Taskforces 4
8 Delegation of Co-ordinator General's functions 5
Part 3 Co-ordination of State government agencies in
delivering infrastructure projects
9 Obligations of government agencies 6
b2009-006-33.d17
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Contents
Page
10 Powers of government agencies 6
11 Minister may direct government agencies to co-operate 6
12 Councils and other local authorities excluded from this
Part 7
Part 4 Carrying out infrastructure projects on behalf
of State government agencies
13 Definitions--Part 4 8
14 Project authorisation orders 8
15 Authorisation to carry out projects 8
16 Authorisation to take over projects 8
17 Transfer of assets, rights and liabilities 9
18 Acquisition of land 9
19 Transfer of Co-ordinator General managed projects to
government agencies--project divesting orders 10
20 Application of orders 10
21 Projects of councils and other local authorities excluded
from this Part 10
Part 5 Authorisation of infrastructure projects
22 Meaning of development control legislation 11
23 Approval requirements under other Acts 11
24 Authorisation of Co-ordinator General to carry
out infrastructure project 12
25 Application of Environmental Planning and Assessment
Act 1979 13
26 Notification of exemptions and authorisations 13
Part 6 Miscellaneous
27 Protection of exercise of certain functions 14
28 Personal liability 15
29 Regulations 15
30 Review of exercise of Co-ordinator General's functions 16
31 Repeal of Act 16
Schedule 1 Transfer of assets, rights and liabilities 17
Schedule 2 Amendment of other legislation 20
Contents page 2
New South Wales
Nation Building and Jobs Plan (State
Infrastructure Delivery) Bill 2009
No , 2009
A Bill for
An Act to enable New South Wales to deliver the infrastructure projects funded
under the Nation Building and Jobs Plan of the Commonwealth in accordance with
its obligations under the February 2009 COAG partnership agreement.
Clause 1 Nation Building and Jobs Plan (State Infrastructure Delivery) 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 Nation Building and Jobs Plan (State Infrastructure 4
Delivery) Act 2009. 5
2 Commencement 6
This Act commences on the date of assent to this Act. 7
3 Object of Act 8
The object of this Act is to ensure the timely delivery in New South 9
Wales of the infrastructure projects funded by the Commonwealth 10
under the Nation Building and Jobs Plan to implement the COAG 11
partnership agreement of 5 February 2009 to reduce the impact on 12
Australia of the global economic recession. 13
4 Definitions 14
(1) In this Act: 15
Commonwealth Funding Acts means the Appropriation (Nation 16
Building and Jobs) Act (No. 1) 2008-2009 and the Appropriation 17
(Nation Building and Jobs) Act (No. 2) 2008-2009 of the 18
Commonwealth. 19
Co-ordinator General means the NSW Infrastructure Co-ordinator 20
General under section 6. 21
development means development within the meaning of the 22
Environmental Planning and Assessment Act 1979, and includes an 23
activity within the meaning of Part 5 of that Act. 24
exercise a function includes perform a duty. 25
function includes power, authority or duty. 26
government agency means: 27
(a) a public authority constituted by or under an Act, or 28
(b) a NSW Government agency, or 29
(c) a Division of the Government Service, or 30
(d) a council (within the meaning of the Local Government Act 1993) 31
or other local authority, or 32
(e) a State owned corporation, 33
but does not include the NSW Police Force, the Independent 34
Commission Against Corruption or the Ombudsman's Office. 35
Page 2
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 5
Preliminary Part 1
infrastructure project means an infrastructure project to which this Act 1
applies under section 5. 2
Taskforce means a Taskforce established under section 7. 3
(2) Notes included in this Act do not form part of this Act. 4
5 Infrastructure projects to which Act applies 5
(1) An infrastructure project to which this Act applies is any development 6
funded under the Nation Building and Jobs Plan. 7
(2) Development is taken to be funded under the Nation Building and Jobs 8
Plan if the Co-ordinator General certifies, by order in writing, that the 9
Commonwealth has determined that money appropriated under the 10
Commonwealth Funding Acts will be allocated for the erection of 11
buildings or the carrying out of works in connection with the 12
development. Development cannot be certified after the erection of 13
those buildings or the carrying out of those works is completed. 14
(3) Examples of development that is to be funded under the Nation 15
Building and Jobs Plan include development for the purposes of the 16
following: 17
(a) multi-purpose halls and libraries, science and language centres 18
and maintenance and minor building works for government and 19
non-government schools, 20
(b) social housing, 21
(c) community infrastructure provided by local councils (such as 22
halls, community centres and sport and recreation facilities), 23
(d) land transport infrastructure (such as the repair of roads, the 24
installation of railway boomgates and road safety "black spots" 25
projects). 26
(4) For the purposes of this section, words and expressions have the same 27
meanings as they have in the Environmental Planning and Assessment 28
Act 1979 (except as otherwise provided in this Act). 29
Page 3
Clause 6 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 2 Infrastructure Co-ordinator General
Part 2 Infrastructure Co-ordinator General 1
6 The NSW Infrastructure Co-ordinator General 2
(1) There is to be a NSW Infrastructure Co-ordinator General (the 3
Co-ordinator General). 4
(2) The Co-ordinator General is: 5
(a) the person holding office as the Co-ordinator General under 6
Chapter 1A of the Public Sector Employment and Management 7
Act 2002, or 8
(b) during any vacancy in that office, the Director-General of the 9
Department of Premier and Cabinet. 10
(3) The Co-ordinator General has the following functions: 11
(a) to plan and oversee a program for the delivery of infrastructure 12
projects within the timeframes required for Commonwealth 13
funding, 14
(b) to advise on appropriate tendering and procurement procedures 15
for the delivery of infrastructure projects within those 16
timeframes, 17
(c) the functions under Part 3 relating to the co-ordination of State 18
government agencies in delivering infrastructure projects, 19
(d) the functions under Part 4 of carrying out infrastructure projects 20
on behalf of State government agencies, 21
(e) the functions under Part 5 of authorising the carrying out of 22
infrastructure projects, 23
(f) such other functions as are conferred on the Co-ordinator General 24
by or under this or any other Act or law. 25
(4) The Co-ordinator General must have regard to the project delivery 26
timeframes required for Commonwealth funding of infrastructure 27
projects when exercising his or her functions under this Act. 28
7 Advisory Taskforces 29
(1) The Minister is to establish a Taskforce to advise on the exercise of 30
functions under this Act in relation to infrastructure projects. Separate 31
Taskforces may be established for different projects or different classes 32
of projects. 33
(2) A Taskforce is to comprise: 34
(a) the Co-ordinator General, who is to be the presiding member, and 35
(b) a nominee of each government agency that the Minister 36
determines is to be represented on the Taskforce, and 37
Page 4
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 8
Infrastructure Co-ordinator General Part 2
(c) such other persons with relevant private sector business or other 1
expertise as are appointed by the Minister. 2
(3) The members of a Taskforce (other than the Co-ordinator General and 3
nominees of a government agency) are entitled to be paid such 4
remuneration as the Minister determines (including re-imbursement for 5
travelling, accommodation and other expenses incurred in exercising 6
their functions). 7
(4) Subject to the regulations, the term of office of appointed members of a 8
Taskforce, the procedure for calling meetings of a Taskforce and the 9
conduct of business at those meetings are to be determined by the 10
Minister. 11
8 Delegation of Co-ordinator General's functions 12
(1) The Co-ordinator General may delegate to an authorised person any of 13
his or her functions, other than this power of delegation. 14
(2) A delegate may sub-delegate to an authorised person any function 15
delegated by the Co-ordinator General if the delegate is authorised in 16
writing to do so by the Co-ordinator General. 17
(3) In this section, authorised person means: 18
(a) a member of a Taskforce, or 19
(b) a government agency or member of staff of a government agency, 20
or 21
(c) a person, or committee of persons, of a class approved by the 22
Minister or prescribed by the regulations. 23
Page 5
Clause 9 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 3 Co-ordination of State government agencies in delivering infrastructure
projects
Part 3 Co-ordination of State government agencies in 1
delivering infrastructure projects 2
9 Obligations of government agencies 3
A government agency has the following obligations in respect of 4
infrastructure projects: 5
(a) to co-operate with the Co-ordinator General in the exercise of his 6
or her functions, including complying with any reasonable 7
request of the Co-ordinator General for information to enable the 8
Co-ordinator General to exercise his or her functions, 9
(b) to provide resources and assistance in accordance with any 10
request of the Co-ordinator General that is authorised by or under 11
this Act, 12
(c) to notify the Co-ordinator General of any proposed exercise of 13
the agency's functions that may impact adversely on the exercise 14
of the Co-ordinator General's functions, 15
(d) to comply with any reasonable request of the Co-ordinator 16
General for the agency to exercise its functions in a timely 17
manner. 18
10 Powers of government agencies 19
Despite the provisions of any other Act or law, a government agency: 20
(a) is authorised to exercise any of its functions in order to comply 21
with a request, direction or decision of the Co-ordinator General 22
made or given under this Act, and 23
(b) is authorised and empowered to enter into agreements with the 24
Co-ordinator General for the purposes of this Act and may do or 25
suffer anything necessary or expedient for carrying any such 26
agreement into effect. 27
11 Minister may direct government agencies to co-operate 28
(1) This section applies to any government agency: 29
(a) that is responsible for the delivery of an infrastructure project, or 30
(b) that exercises functions affecting the delivery of an infrastructure 31
project, or 32
(c) that is declared by the regulations to be an agency to which this 33
section applies. 34
Page 6
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 12
Co-ordination of State government agencies in delivering infrastructure Part 3
projects
(2) The Minister may, by notice in writing given to any such government 1
agency, direct the agency to comply with a request, direction or decision 2
made by the Co-ordinator General for the purposes of his or her 3
functions under this Act. 4
12 Councils and other local authorities excluded from this Part 5
This Part does not apply to a council (within the meaning of the Local 6
Government Act 1993) or other local authority. 7
Page 7
Clause 13 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 4 Carrying out infrastructure projects on behalf of State government agencies
Part 4 Carrying out infrastructure projects on behalf 1
of State government agencies 2
13 Definitions--Part 4 3
In this Part: 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
liabilities means any liabilities, debts or obligations (whether present or 9
future and whether vested or contingent and whether personal or 10
assignable). 11
project authorisation order means an order under section 14. 12
project divesting order means an order under section 19. 13
rights means any rights, powers, privileges or immunities (whether 14
present or future and whether vested or contingent and whether personal 15
or assignable). 16
14 Project authorisation orders 17
(1) Orders made by Premier 18
The Premier may make orders for the purposes of this Part in relation to 19
any infrastructure project. 20
(2) Orders made by portfolio Minister 21
Any other Minister may, with the concurrence of the Co-ordinator 22
General, make orders for the purposes of this Part in relation to any 23
infrastructure projects proposed by the Minister or a government 24
agency responsible to the Minister. 25
(3) A project authorisation order must be published in the Gazette. 26
(4) A project authorisation order may be made on such terms and 27
conditions as the Minister making the order determines and as are 28
specified or referred to in the order. 29
15 Authorisation to carry out projects 30
A project authorisation order may authorise the Co-ordinator General to 31
carry out an infrastructure project specified in the order. 32
16 Authorisation to take over projects 33
(1) A project authorisation order may, in the case of an infrastructure 34
project that is carried out by (or that involves) another government 35
agency, declare the Co-ordinator General to be responsible for the 36
Page 8
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 17
Carrying out infrastructure projects on behalf of State government agencies Part 4
functions of the government agency in relation to the carrying out of the 1
project. 2
(2) Without limiting section 14 (4), the following provisions have effect on 3
the making of a project authorisation order as referred to in this section: 4
(a) the Co-ordinator General has and may exercise all of the 5
functions of the government agency in relation to the project, 6
(b) the government agency may not exercise any functions in relation 7
to the project except with the consent of the Co-ordinator 8
General, 9
(c) the Co-ordinator General may, with the concurrence of the 10
Minister who made the project authorisation order and after 11
consulting with the government agency concerned, give 12
directions to the government agency in relation to the project, 13
(d) the government agency must comply with any such directions 14
given to it by the Co-ordinator General. 15
17 Transfer of assets, rights and liabilities 16
(1) If a project authorisation order declares the Co-ordinator General to be 17
responsible for the functions of a government agency in relation to the 18
carrying out of an infrastructure project, the order may provide for the 19
transfer to the State of NSW of such assets, rights and liabilities of the 20
government agency (or classes of such assets, rights and liabilities) as 21
are relevant to the project and are specified in the order. 22
(2) Schedule 1 applies to a project authorisation order that provides for the 23
transfer of any such assets, rights and liabilities. 24
(3) The Co-ordinator General may act for the State of NSW in relation to 25
any such transferred assets, rights or liabilities. 26
18 Acquisition of land 27
(1) The State of NSW may, for the purposes of the exercise of the functions 28
of the Co-ordinator General in relation to an infrastructure project as 29
authorised by a project authorisation order, acquire land by agreement 30
or compulsory process in accordance with the Land Acquisition (Just 31
Terms Compensation) Act 1991. 32
(2) For the purposes of the Public Works Act 1912, any such acquisition of 33
land is taken to be an authorised work, and the State of NSW, in relation 34
to that authorised work, is taken to be the Constructing Authority. 35
(3) Sections 3437 of the Public Works Act 1912 do not apply to or in 36
respect of an infrastructure project to which a project authorisation 37
order relates. 38
Page 9
Clause 19 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 4 Carrying out infrastructure projects on behalf of State government agencies
(4) The Co-ordinator General may act for the State of NSW in connection 1
with an acquisition of land under this section and in relation to any such 2
land so acquired or work carried out on any such land. 3
19 Transfer of Co-ordinator General managed projects to government 4
agencies--project divesting orders 5
(1) In this section: 6
relevant Minister means the Premier or, in relation to an infrastructure 7
project that was the subject of a project authorisation order made by 8
another Minister, that other Minister. 9
(2) The relevant Minister may, by order published in the Gazette, direct that 10
the assets, rights and liabilities of the State of NSW in relation to an 11
infrastructure project specified in the order (including any assets, rights 12
and liabilities that have been transferred to the State of NSW by a 13
project authorisation order) be transferred to the government agency 14
specified in the order. 15
(3) The assets, rights and liabilities to be transferred by a project divesting 16
order may consist of a specified class of assets, rights and liabilities. 17
(4) A project divesting order may be made on such terms and conditions as 18
the relevant Minister determines and as are specified or referred to in the 19
order. 20
(5) Schedule 1 applies to a project divesting order. 21
20 Application of orders 22
A project authorisation order or a project divesting order may apply to 23
the whole of an infrastructure project or to a specified part of such a 24
project only. Accordingly, a reference in this Part to an infrastructure 25
project includes a reference to any part of a project that is the subject of 26
a project authorisation order or a project divesting order. 27
21 Projects of councils and other local authorities excluded from this Part 28
This Part does not apply to an infrastructure project carried out or to be 29
carried out by a council (within the meaning of the Local Government 30
Act 1993) or other local authority. 31
Page 10
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 22
Authorisation of infrastructure projects Part 5
Part 5 Authorisation of infrastructure projects 1
22 Meaning of development control legislation 2
(1) For the purposes of this Part, development control legislation means 3
provisions made by or under the Environmental Planning and 4
Assessment Act 1979 or any other Act that prohibit the carrying out of 5
development or that require the approval of any person or body before 6
development is carried out. 7
(2) To avoid doubt, development control legislation extends to the 8
provisions of other Acts referred to in section 75U of the Environmental 9
Planning and Assessment Act 1979 (Approvals etc legislation that does 10
not apply) relating to requirements for authorisations or to the making 11
or giving of orders or notices. 12
(3) In subsection (1): 13
approval includes permit, licence, consent or other authority (however 14
described). 15
prohibit includes prohibit temporarily or in part, or authorise a person 16
or body to prohibit. 17
23 Approval requirements under other Acts 18
(1) The Co-ordinator General may, by order in writing, declare that a 19
specified infrastructure project (or an infrastructure project of a 20
specified class): 21
(a) is exempt from all or any specified development control 22
legislation, or 23
(b) is exempt from all or any specified development control 24
legislation if the carrying out of the project is the subject of an 25
authorisation of the Co-ordinator General under section 24. 26
Note. Section 8 enables the Co-ordinator General to delegate the function of 27
giving any such authorisation. The Interpretation Act 1987 applies to enable an 28
order under this section to be revoked or amended. 29
(2) Any such order has effect according to its tenor. 30
(3) Without limiting the power to amend or revoke any such order, the 31
order may be amended or revoked if the conditions of an authorisation 32
under section 24 are not complied with. 33
(4) Any such order is revoked if the development to which the order applies 34
ceases to be an infrastructure project because of the revocation of a 35
relevant certification of the Co-ordinator General under section 5. 36
(5) The revocation of any such order does not affect the continuation of 37
anything validly done before that revocation. 38
Page 11
Clause 24 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 5 Authorisation of infrastructure projects
24 Authorisation of Co-ordinator General to carry out infrastructure project 1
(1) This section applies if an order under section 23 provides that the 2
carrying out of an infrastructure project requires the authorisation of the 3
Co-ordinator General. 4
(2) The person proposing to carry out the infrastructure project (or a person 5
on his or her behalf) may apply to the Co-ordinator General for an 6
authorisation to carry out the project. 7
(3) Any such application must be in writing and include the following 8
information: 9
(a) a description of the proposed infrastructure project, 10
(b) a description of the land on which the project is to be carried out, 11
(c) the date when construction for the project is to be commenced 12
and the anticipated date of completion of the project, 13
(d) any other information relating to the project that the regulations, 14
or the Co-ordinator General, require to be included. 15
(4) The Co-ordinator General may authorise the carrying out of the 16
infrastructure project subject to any conditions set out or referred to in 17
the authorisation. 18
(5) The Co-ordinator General may, by notice in writing to the person 19
carrying out the infrastructure project, amend or revoke the conditions 20
of an authorisation before the project has been carried out. 21
(6) The conditions of an authorisation to carry out an infrastructure project 22
may (without limitation) include conditions relating to any of the 23
following: 24
(a) public notification requirements in relation to the carrying out of 25
the project, 26
(b) environmental protection, 27
(c) heritage conservation, 28
(d) threatened species, and other flora and fauna, conservation, 29
(e) bush fire protection, 30
(f) hours and other conditions of operation of the project, 31
(g) road safety and traffic management, 32
(h) development contributions by the person carrying out the project 33
for other State, regional or local infrastructure, 34
(i) reporting requirements. 35
Page 12
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 25
Authorisation of infrastructure projects Part 5
(7) An authorisation to carry out an infrastructure project is taken to be a 1
development consent under the Environmental Planning and 2
Assessment Act 1979 for the purposes of: 3
(a) Part 8A of the National Parks and Wildlife Act 1974, and 4
(b) Part 7A of the Fisheries Management Act 1994, and 5
(c) the Native Vegetation Act 2003, and 6
(d) any other Act (or provision of any other Act) prescribed by the 7
regulations for the purposes of this subsection. 8
25 Application of Environmental Planning and Assessment Act 1979 9
(1) This section applies if an order under section 23 exempts an 10
infrastructure project from the Environmental Planning and Assessment 11
Act 1979 (subject to the terms of the order). 12
(2) An environmental planning instrument under that Act cannot prohibit, 13
require development consent for or otherwise restrict the carrying out of 14
the infrastructure project. 15
Note. The exclusion of the need for development consent also excludes any 16
requirement for the payment of development contributions under that Act. 17
(3) Part 5 of that Act does not apply in respect of the carrying out of the 18
infrastructure project. 19
(4) The infrastructure project is not, and cannot be declared to be, a project 20
under Part 3A of that Act. 21
(5) An order under Division 2A of Part 6 of that Act does not have effect to 22
the extent that it prevents or interferes with the carrying out of the 23
infrastructure project. 24
(6) Subsection (2) applies to an environmental planning instrument made 25
before or after the commencement of this section. 26
Note. See section 29, which authorises regulations to restore the operation of 27
the Environmental Planning and Assessment Act 1979 in relation to 28
infrastructure projects carried out under this Act. 29
26 Notification of exemptions and authorisations 30
(1) The Co-ordinator General may provide a copy of an exemption under 31
section 23 or an authorisation under section 24 to the council of the area 32
in which any infrastructure project to which the exemption or 33
authorisation relates is to be carried out. 34
(2) In that case, a planning certificate under section 149 of the 35
Environmental Planning and Assessment Act 1979 in relation to any 36
land concerned is to include advice about any such exemption or 37
authorisation. 38
Page 13
Clause 27 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 6 Miscellaneous
Part 6 Miscellaneous 1
27 Protection of exercise of certain functions 2
(1) This section applies to any of the following functions (a protected 3
function) conferred or imposed on the Co-ordinator General (or his or 4
her delegate) or a Minister (a protected person): 5
(a) a certification under section 5 that any development is an 6
infrastructure project to which this Act applies, 7
(b) the giving of a direction to a government agency under 8
section 11, 9
(c) the making of a project authorisation order or project divesting 10
order under Part 4, 11
(d) the declaring of an exemption or giving of an authorisation under 12
Part 5. 13
(2) The exercise by any protected person of any protected function may not 14
be: 15
(a) challenged, reviewed, quashed or called into question before any 16
court of law or administrative review body in any proceedings, or 17
(b) restrained, removed or otherwise affected by any proceedings. 18
(3) Without limiting subsection (2), that subsection applies whether or not 19
the proceedings relate to any question involving compliance or 20
non-compliance, by a protected person, with the provisions of this Act 21
or the rules of natural justice (procedural fairness). 22
(4) Accordingly, no court of law or administrative review body has 23
jurisdiction or power to consider any question involving compliance or 24
non-compliance, by the protected person, with those provisions or with 25
those rules so far as they apply to the exercise of any protected function. 26
(5) This section has effect despite any provision of this Act or other 27
legislation or any other law (whether written or unwritten). 28
(6) In this section: 29
exercise of functions includes: 30
(a) the purported exercise of functions, and 31
(b) the non-exercise or improper exercise of functions, and 32
(c) the proposed, apprehended or threatened exercise of functions. 33
proceedings includes: 34
(a) proceedings for an order in the nature of prohibition, certiorari or 35
mandamus or for a declaration or injunction or for any other 36
relief, and 37
Page 14
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009 Clause 28
Miscellaneous Part 6
(b) without limiting paragraph (a), proceedings in the exercise of the 1
inherent jurisdiction of the Supreme Court or the jurisdiction 2
conferred by section 23 of the Supreme Court Act 1970, 3
but does not include any investigation or proceedings under the 4
Independent Commission Against Corruption Act 1988. 5
28 Personal liability 6
A matter or thing done or omitted to be done by: 7
(a) the Co-ordinator General or a person acting under the direction of 8
the Co-ordinator General, or 9
(b) a member of a Taskforce or a person acting under the direction of 10
any such member, 11
does not, if the matter or thing was done or omitted to be done in good 12
faith for the purposes of executing this Act, subject the Co-ordinator 13
General, a member of a Taskforce or a person so acting personally to 14
any action, liability, claim or demand. 15
29 Regulations 16
(1) The Governor may make regulations, not inconsistent with this Act, for 17
or with respect to any matter that by this Act is required or permitted to 18
be prescribed or that is necessary or convenient to be prescribed for 19
carrying out or giving effect to this Act. 20
(2) The regulations may make provision for or with respect to restoring the 21
operation of the Environmental Planning and Assessment Act 1979 in 22
relation to an infrastructure project that would otherwise be exempted 23
from that Act by this Act and, in particular, for or with respect to: 24
(a) declaring an authorisation of an infrastructure project by the 25
Co-ordinator General to be a development consent or other 26
approval under that Act and applying the provisions of that Act 27
(with any specified modifications) to any such consent or 28
approval, and 29
(b) the operation of provisions relating to existing uses and the 30
continuance of lawful uses in relation to an infrastructure project. 31
For that purpose, the regulations may also amend that Act to insert 32
provisions into Schedule 6 to that Act in relation to the application of 33
that Act (before or after the repeal of this Act) to infrastructure projects 34
carried out under this Act. 35
(3) The regulations may contain provisions of a savings or transitional 36
nature consequent on the enactment of this Act. 37
(4) Any such provision may, if the regulations so provide, take effect from 38
the date of assent to this Act or a later date. 39
Page 15
Clause 30 Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Part 6 Miscellaneous
(5) To the extent to which any such provision takes effect from a date that 1
is earlier than the date of its publication on the NSW legislation website, 2
the provision does not operate so as: 3
(a) to affect, in a manner prejudicial to any person (other than the 4
State or an authority of the State), the rights of that person 5
existing before the date of its publication, or 6
(b) to impose liabilities on any person (other than the State or an 7
authority of the State) in respect of anything done or omitted to 8
be done before the date of its publication. 9
30 Review of exercise of Co-ordinator General's functions 10
The Minister is to ensure that the exercise of the functions of the 11
Co-ordinator General under this Act are, as soon as practicable after the 12
period of 12 months after the commencement of this Act, reviewed by: 13
(a) a joint committee of both Houses of Parliament, or 14
(b) if there is no joint committee that can undertake the review-- 15
such other appropriately qualified person as the Minister appoints 16
for that purpose. 17
31 Repeal of Act 18
(1) The Co-ordinator General is to keep the need for this Act under review 19
having regard to the object of this Act. 20
(2) If the Co-ordinator General determines that this Act is no longer 21
required, the Co-ordinator General is to provide a certificate to that 22
effect to the Minister. 23
(3) This Act is repealed on a day appointed by proclamation after the 24
Co-ordinator General has provided a certificate that this Act is no longer 25
required. 26
Page 16
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Transfer of assets, rights and liabilities Schedule 1
Schedule 1 Transfer of assets, rights and liabilities 1
(Sections 17 (2) and 19 (5)) 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 17, 6
(b) a project divesting order. 7
(2) For the purposes of this Schedule, the NSW government agency from 8
which any assets, rights or liabilities are transferred by such an order is 9
called the transferor and the State of NSW or government agency to 10
which they are being so transferred is called the transferee. 11
(3) In this Schedule: 12
instrument means an instrument (other than this Act) that creates, 13
modifies or extinguishes rights or liabilities (or would do so if lodged, 14
filed or registered in accordance with any law), and includes any 15
judgment, order or process of a court. 16
2 Vesting of undertaking in transferee 17
When any assets, rights or liabilities are transferred by an order to which 18
this Schedule applies, the following provisions have effect (subject to 19
the order): 20
(a) those assets of the transferor vest in the transferee by virtue of this 21
Schedule and without the need for any conveyance, transfer, 22
assignment or assurance, 23
(b) those rights and liabilities of the transferor become by virtue of 24
this Schedule the rights and liabilities of the transferee, 25
(c) all proceedings relating to those assets, rights or liabilities 26
commenced before the transfer by or against the transferor or a 27
predecessor of the transferor and pending immediately before the 28
transfer are taken to be proceedings pending by or against the 29
transferee, 30
(d) any act, matter or thing done or omitted to be done in relation to 31
those assets, rights or liabilities before the transfer by, to or in 32
respect of the transferor is (to the extent that that act, matter or 33
thing has any force or effect) taken to have been done or omitted 34
by, to or in respect of the transferee, 35
(e) 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
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Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Schedule 1 Transfer of assets, rights and liabilities
entitlements and obligations were actual or potential at the time 1
the order took effect, 2
(f) a reference in any Act, in any instrument made under any Act or 3
in any document of any kind to the transferor or a predecessor of 4
the transferor is (to the extent that it relates to those assets, rights 5
or liabilities but subject to the order), to be read as, or as 6
including, a reference to the transferee. 7
3 Operation of Schedule 8
(1) The operation of this Schedule is not to be regarded: 9
(a) as a breach of contract or confidence or otherwise as a civil 10
wrong, or 11
(b) as a breach of any contractual provision prohibiting, restricting or 12
regulating the assignment or transfer of assets, rights or 13
liabilities, or 14
(c) as giving rise to any remedy by a party to an instrument, or as 15
causing or permitting the termination of any instrument, because 16
of a change in the beneficial or legal ownership of any asset, right 17
or liability. 18
(2) The operation of this Schedule is not to be regarded as an event of 19
default under any contract or other instrument. 20
(3) No attornment to the transferee by a lessee from the transferor is 21
required. 22
(4) The operation of this Schedule includes the making of an order to which 23
this Schedule applies. 24
4 Date of vesting 25
An order to which this Schedule applies takes effect on the date 26
specified in the order. 27
5 Consideration for vesting 28
An order to which this Schedule applies may specify the consideration 29
(if any) on which the order is made and the value or values (if any) at 30
which the assets, rights or liabilities are transferred. 31
6 Duties 32
Duty under the Duties Act 1997 is not chargeable in respect of: 33
(a) the transfer of assets, rights and liabilities to a person by an order 34
to which this Schedule applies, or 35
Page 18
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Transfer of assets, rights and liabilities Schedule 1
(b) anything certified by the Minister as having been done in 1
consequence of such a transfer (for example, the transfer or 2
registration of an interest in land). 3
7 Transfer of interest in land 4
(1) An order to which this Schedule applies may transfer an interest in 5
respect of land vested in the transferor without transferring the whole of 6
the interests of the transferor in that land. 7
(2) If the interest transferred is not a separate interest, the order operates to 8
create the interest transferred in such terms as are specified in the order. 9
(3) This clause does not limit any other provision of this Schedule. 10
8 Determinations of Minister for purposes of orders 11
For the purposes of any order to which this Schedule applies, a 12
determination by the Minister as to which entity any assets, rights or 13
liabilities relate is conclusive. 14
9 Confirmation of vesting 15
(1) The Minister may, by notice in writing, confirm a transfer of particular 16
assets, rights and liabilities by operation of this Schedule. 17
(2) Such a notice is conclusive evidence of that transfer. 18
Page 19
Nation Building and Jobs Plan (State Infrastructure Delivery) Bill 2009
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Public Sector Management (Goods and Services) 2
Regulation 2000 3
Clause 5A 4
Insert after clause 5: 5
5A Nation Building and Jobs Plan projects--special provision 6
(1) This clause applies to infrastructure projects to which the Nation 7
Building and Jobs Plan (State Infrastructure Delivery) Act 2009 8
applies. 9
(2) The Co-ordinator General under that Act may determine policies 10
and procedures with respect to the procurement of goods and 11
services by a public sector agency for the delivery of any such 12
infrastructure projects, and to any tendering or contracts for those 13
goods and services. 14
(3) This clause has effect despite anything to the contrary in the other 15
provisions of this Regulation. 16
2.2 Subordinate Legislation Act 1989 No 146 17
Schedule 4 Excluded instruments 18
Insert at the end of the Schedule with appropriate item numbering: 19
Regulations under the Nation Building and Jobs Plan (State 20
Infrastructure Delivery) Act 2009. 21
Page 20
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