Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are to establish the Barangaroo Delivery Authority (the
Authority) and to provide for its functions and other matters relating to the
development of Barangaroo.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 sets out the objects of the proposed Act, relating to the development of
Barangaroo.

Clause 4 defines certain words and expressions used in the proposed Act.

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Barangaroo Delivery Authority Bill 2009
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Clause 5 provides for the amendment of maps referred to in the proposed Act and
enables them to be kept in electronic form. Maps will be made available on the NSW
legislation website.

Part 2 Constitution and management of Authority
Clause 6 constitutes the Authority.

Clause 7 makes the Authority a NSW Government agency, which has the effect of
conferring on the Authority the status, privileges and immunities of the Crown.

Clause 8 makes the Authority subject to the control and direction of the Minister.

Clause 9 constitutes the Board of the Authority (the Board), consisting of the Chief
Executive Officer, the Secretary of the Treasury, a nominee of the City of Sydney
Council approved by the Minister and not more than 4 other persons appointed by the
Minister.

Clause 10 confers on the Chief Executive Officer of the Authority responsibility for
the day-to-day management of the affairs of the Authority in accordance with the
specific policies and general directions of the Board.

Clause 11 enables the Board to appoint advisory committees to advise the Board and
the Authority for the purposes of the proposed Act.

Clause 12 enables the Authority to delegate its functions, other than the power of
delegation.

Clause 13 provides that the Authority may exercise its functions by a private
subsidiary corporation or in a partnership, joint venture or other association with
public or local authorities or other persons or bodies.

Part 3 Functions of Authority
Division 1 Principal functions
Clause 14 sets out the main functions of the Authority, including promoting,
procuring, facilitating and managing the orderly and economic development and use
of Barangaroo and the provision and management of infrastructure. The functions
conferred on the Authority also relate to cultural, educational, residential,
commercial, transport, tourist and recreational activities and facilities at Barangaroo.

It will also be a function of the Authority to develop and manage the Barangaroo
Headland Park.

Clause 15 confers on the Authority any other functions conferred on it by or under
the proposed Act or any other Act and the power to do supplemental, incidental or
consequential acts that are necessary or expedient for the exercise of its functions.

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Division 2 Ancillary functions
Clause 16 enables the Authority to acquire land by compulsory process for the
purposes of the proposed Act.

Clause 17 confers on the Authority power to dispose of or otherwise deal with its
land with the consent of the Minister, other than the Barangaroo Headland Park. The
Minister’s consent will not be required to a lease for a term (including any option to
renew) of less than 10 years. The Authority is prohibited from granting a lease for a
term (including any option to renew) of more than 99 years.

Clause 18 prohibits the Authority from selling or exchanging, or otherwise
disposing of the fee simple estate in, the Barangaroo Headland Park. The Authority
may dispose of other interests in the Park with the consent of the Minister. The
Minister’s consent will not be required to a lease for a term (including any option to
renew) of less than 10 years. The Authority is prohibited from granting a lease for a
term (including any option to renew) of more than 99 years.

Clause 19 enables the Authority to surrender land to the Crown to be dedicated for
a public purpose or a public road, as notified in the Government Gazette.

Clause 20 requires the consent of the Authority before a road within Barangaroo can
be provided, opened, dedicated, closed or realigned and makes the Authority a roads
authority under the Roads Act 1993 for any public roads vested in it.

Clause 21 enables the Authority to acquire property by gift, devise or bequest and
removes the application of the rule against remoteness of vesting to any such gift,
devise or bequest.

Clause 22 sets out the circumstances under which the Authority may sell, lease,
exchange or otherwise dispose of or deal with property acquired by gift, devise or
bequest.

Clause 23 enables the Authority to form, or participate in the formation of, a private
subsidiary corporation and acquire or dispose of interests in such corporations, with
the approval of the Minister.

Clause 24 enables the Authority to enter into an agreement with the Sydney Harbour
Foreshore Authority (the SHFA) for the SHFA to exercise, in relation to the
Barangaroo Headland Park and public domain of Barangaroo, its regulatory powers
under the Sydney Harbour Foreshore Authority Act 1998 and the regulations under
that Act. The agreement will be able to specify conditions for the exercise of the
regulatory powers and provide for fees to be paid to the SHFA as well as for other
matters. Land covered by the agreement will be taken to be land within categories of
land covered by the Sydney Harbour Foreshore Authority Act 1998 and the
regulations under that Act. The Minister will determine any dispute arising under the
agreement.

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Part 4 Transfer of land to Authority
Division 1 Transfer by operation of this Act
Clause 25 defines words and expressions used in the proposed Part.

Clause 26 transfers the land specified in proposed Schedule 2 (being the land within
Barangaroo) to the Authority from a date specified by a notice by the Minister
published in the Government Gazette. The proposed section also provides for the
transfer of associated rights and liabilities to the Authority from that date.

Clause 27 prevents the transfer of the land under the proposed Division from being
a breach of contract, a default under a contract or confidence or civil wrong or from
giving rise to a remedy that may otherwise arise from the change of ownership.

Clause 28 provides for the payment of compensation for certain land transferred to
the Authority.

Division 2 Transfer of land by agreement
Clause 29 provides for the transfer of land within Barangaroo to the Authority by a
public authority by agreement if the Minister for that public authority agrees that the
land is not being used or required for the core activities of the public authority. The
proposed section also enables Crown land to be transferred and other interests in
Crown land to be disposed of to the Authority by the Minister administering the
Crown Lands Act 1989. A public authority whose land is managed by the Authority
may delegate its functions to the Authority, despite any other Act.

Clause 30 provides for the transfer by the Authority to the Maritime Authority of
NSW of land below the mean high water mark, on commencement of operation of a
Barangaroo commuter ferry wharf or at such other time as the Ministers responsible
for the Authorities may agree.

Part 5 Contributions and finance
Division 1 Contributions to Barangaroo
Clause 31 defines words and expressions used in the proposed Division.

Clause 32 requires the Authority to prepare and approve a Barangaroo contributions
plan, which has no effect unless it is approved by the Minister. The plan must provide
for the payment of a levy of 1% to the Authority in respect of the cost of development
of land (the development contribution), the development to which the levy will
apply, the manner in which the cost of development is to be calculated and the
purposes for which the development contribution will be used. The plan may be
amended or replaced with the Minister’s approval.

Clause 33 makes development agreements between the Authority and developers
subject to a condition that a development contribution must be paid in accordance
with the Barangaroo contributions plan, if the agreement relates to development for

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which a development contribution is payable under that plan. Failure to pay the
development contribution will be enforceable as a breach of the development
agreement. A developer may agree to provide works in kind or the dedication of land
instead of paying the whole or part of the development contribution. A developer
may not contract out of the condition imposed by the proposed section. A
development agreement may also be a planning agreement under the Environmental
Planning and Assessment Act 1979.

Clause 34 provides that provisions under the Environmental Planning and
Assessment Act 1979 and the City of Sydney Act 1988 that provide for the payment
of development contributions for development (other than provisions relating to
planning agreements) do not apply to or in respect of any development for which a
development contribution is payable under the Barangaroo contributions plan.

Clause 35 makes the Authority a planning authority within the meaning of the
Environmental Planning and Assessment Act 1979, thus enabling it to enter into
planning agreements under that Act. The proposed section also enables a planning
agreement under that Act to provide for the payment of a development contribution
under the proposed Act or works in kind or the dedication of land instead of such a
contribution. This is in addition to any other matters that such an agreement may
contain.

Division 2 Finance
Clause 36 establishes the Barangaroo Fund.

Clause 37 specifies the financial year of the Authority.

Clause 38 provides for the investment of money in the Barangaroo Fund.

Part 6 Miscellaneous
Clause 39 provides that duty under the Duties Act 1997 is not payable for the vesting
or transfer of land or property under the proposed Act (including arrangements under
the proposed Act) or anything certified by the Minister as having been done in
consequence of any such vesting or transfer.

Clause 40 requires the annual report of the Authority to contain a report as to the
outcomes achieved by the Authority during the reporting period.

Clause 41 requires the Authority to provide reports about its activities and any other
information if requested to do so by the Minister.

Clause 42 makes it an offence to disclose information obtained in connection with
the administration or execution of the proposed Act, except in certain circumstances
such as in connection with that administration or execution or in accordance with a
requirement imposed under the Ombudsman Act 1974.

Clause 43 makes it an offence for a person to use information about land proposals
obtained through association with the Authority to deal in land to gain an advantage
or to divulge such information so that another person may gain an advantage by
dealing in that or any other land. The proposed section also makes it an offence for a

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person to attempt, through association with the Authority, to influence land dealing
proposals by the Authority to gain an advantage or an advantage for another person.

A loss incurred as a result of an action prohibited by the proposed section may be
recovered by the person who suffered the loss from the person who gained the
advantage from that action.

Clause 44 provides that proceedings for offences under the proposed Act are to be
dealt with summarily before a Local Court.

Clause 45 enables penalty notices to be issued for offences under the proposed Act,
if they are prescribed by the regulations for that purpose.

Clause 46 excludes a member of the Board, the Chief Executive Officer of the
Authority, a member of an advisory committee established by the Board or a person
acting under the authority of the Authority, the Board or the Chief Executive Officer
from personal liability for an act or omission done in good faith for the purpose of
executing the proposed Act or any other Act.

Clause 47 provides for the use of the seal of the Authority.

Clause 48 enables the Authority to recover any charge, fee or money due or payable
to it as a debt in a court of competent jurisdiction.

Clause 49 makes provision for the service of documents under the proposed Act.

Clause 50 enables the Governor to make regulations for the purposes of the
proposed Act.

Clause 51 provides for the review of the proposed Act in 5 years.

Schedule 1 Members and procedure of Board
The proposed Schedule contains provisions relating to the members of the Board and
the procedure of the Board.

Schedule 2 Land transferred to Authority
The proposed Schedule sets out the land that is to be transferred to the Authority by
operation of the proposed Act.

Schedule 3 Savings, transitional and other
provisions
The proposed Schedule contains savings, transitional and other provisions
consequent on the enactment of the proposed Act.

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Schedule 4 Amendment of Acts
Schedule 4.1 amends the Fines Act 1996 to apply provisions under that Act relating
to the operation and enforcement of penalty notices to penalty notices issued under
the proposed Act.

Schedule 4.2 amends the Public Finance and Audit Act 1983 to make the Authority
subject to the audit and review provisions of that Act.

Schedule 4.3 amends the Public Sector Employment and Management Act 2002 to
create the Office of the Barangaroo Delivery Authority as a Division of the
Government Service of New South Wales.

Schedule 4.4 amends the Sydney Harbour Foreshore Authority Act 1998 to remove
land that will be within Barangaroo from the Foreshore Area of the land covered by
that Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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