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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
* Amended in committee--see table at end of volume.
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 a day or
days to be appointed by proclamation. The dissolution of the Darling
Harbour Authority, and the repeal and amendment of legislation relating to
the Darling Harbour Authority, cannot take place before 1 January 2001.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 provides that notes in the proposed Act do not form part of it.
Part 2
Classification of land for the purposes of this Act
Clause 5 defines the foreshore area.
Clause 6 defines the core land of the Authority. The core land of the
Authority is land that i t cannot dispose of, except in extremely limited
circumstances.
Clause 7 defines the non-core land of the Authority. The non-core land of
the Authority is land i t can dispose of with the consent of the Minister.
Clause 8 defines the managed land of the Authority. The managed land of
the Authority is that part of the foreshore area. not being core or non-core
land. that is managed by the Authority under an agreement with the owner or
occupier of the land.
Clause 9 defines the public domain. The public domain consists of the
public places (within the meaning of the Local Government Act 1993) that
are situated within the foreshore area and that are vested in or managed by
the Authority.
Part 3
Constitution of Authority
Clause 10 constitutes the Authority. It is a memberless corporation having a
Board (see clause 29) and a Chief Executive Officer (see clause 30) who is to
be responsible for the day-to-day management of the affairs of the Authority
i n accordance w i t h the specific policies and general directions of the Board.
CIause 11 provides that the Authority is a statutory body representing the
Crown.
Explanatory note page 2
Part 4
Functions of Authority
Division 1
Principal functions
Clause 12 sets out the functions of the Authority. They include the
following:
(a)
to protect the natural and cultural heritage of the foreshore area,
(b)
to promote, co-ordinate, manage, undertake and secure the orderly and
economic development and use of the foreshore area, including the
provision of infrastructure,
(c)
to promote, co-ordinate, organise, manage, undertake, secure, provide
and conduct cultural, educational, commercial, tourist, recreational,
entertainment and transport activities and facilities.
Clause 13 requires the Authority to keep a register of its land holdings.
Clause 14 enables the Authority to carry out other functions that are
conferred or imposed on it by or under the proposed Act or other Acts, as
well as incidental functions.
Clause 15 requires the Authority, in carrying out any development, to take
into consideration the principles of ecologically sustainable development.
Clause 16 provides that the Authority is not limited in the exercise of its
functions to the foreshore area.
Division 2
Ancillary functions
Clause 17 enables the Authority to acquire land. by agreement or by
compulsory process.
Clause 18 provides a means by which the Authority may acquire. or take
the management of. land within the foreshore area that is owned by a public
authority but that is not being used by the public authority for its core
activities. Public authority does not include a council.
Clause 19 prevents the Authority from disposing of core land, except in
extremely limited circumstances.
Clause 20 enables the Authority to dispose of non-core land with the
consent of the Minister.
Clause 21 enables the Authority to dedicate land for a public purpose or as a
public road.
Explanatory note page 3
Clause 22 prevents a road on core land, non-core land or managed land
from being provided or from being changed except with the consent of the
Authority. The clause also makes the Authority a roads authority for the
purposes of the Roads Act 1993 in respect of the roads vested in it.
Clause 23 confers functions on the Authority in relation to the parking of
vehicles.
Clause 24 enables the Authority to acquire property by gift, devise or
bequest.
Clause 25 controls the dealings the Authority may have with property
acquired by gift, devise or bequest.
Clause 26 enables the Authority, in the exercise of its functions. to arrange
for the use of the services of any other person, including a government
agency or a council.
Clause 27 enables the Authority to delegate its functions.
Part 5
Management of Authority
Clause 28 places the Authority under the control and direction of the
Minister in the exercise of its functions.
Clause 29 provides for the Board of the Authority. The Board is to consist
of the Chief Executive Officer. the Director-General of the Department of
Urban Affairs and Planning and up to 5 persons appointed by the Minister.
Clause 30 specifies the responsibilities of the Chief Executive Officer. Any
thing done by the Chief Executive Officer in the name of the Authority is
taken to have been done by the Authority.
Clause 31 provides for the appointment of the Authority's staff and enables
the Authority to engage consultants or other persons for the purpose of
obtaining services. information and advice.
Clause 32 enables the Authority to appoint rangers. The functions of
rangers are to be prescribed by regulations to be made under the proposed
Act.
Part 6
Finance
Clause 33 establishes the Sydney Harbour Foreshore Fund within the
Special Deposits Account and provides for the payment of money into and
out of the Fund.
Clause 34 enables the investment of money in the Sydney Harbour
Foreshore Fund.
Explanatory note page 4
Clause 35 enables the Authority to administer a fund established for the
provision of services within the foreshore area into which money is paid by
persons who carry on business within the foreshore area. The fund is to be
audited by the Auditor-General.
Part 7
Miscellaneous
Clause 36 enables the Minister to appoint advisory committees, to specify
their functions, to appoint their members and to determine their terms of
office and remuneration.
Clause 37 makes it an offence for a person to disclose information obtained
in connection with the administration of the proposed Act. except in specified
circumstances.
Clause 38 makes it an offence for a person to misuse confidential
information obtained through association with the Authority relating to
dealings in land.
Clause 39 absolves a member of the Board. the Chief Executive Officer or a
person acting under the direction of the Authority, the Board or the Chief
Executive Officer from personal liability for any thing done or omitted in
good
L
faith for the purpose of executing an Act (including the proposed Act).
Clause 40 specifies the financial year of the Authority.
Clause 41 provides for the keeping and application to documents of the seal
of
the
Authority.
Clause 42. enables the Authority to recover money due to it as a debt.
Clause 43 provides that the proposed Act binds the Crown.
Clause 44 provides for the summary prosecution of offences against the
proposed Act and the regulations.
Clause 45 enables the amendment of Schedule 1 (which defines the
foreshore area) by regulation.
Clause 46 enables the Governor-in-Council to make regulations for the
purposes of the proposed Act.
Clause 47 amends the Growth Centres (Development Corporations) Act
1974 to omit matter relating to the constitution of the City West Development
Corporation.
Explanatory note page 5
Clause 48 repeals the Sydney Cove Redevelopment Authority Act 1968.
Clause 49 repeals the Darling Harbour Authority Act 1984 and certain other
Acts and statutory instruments relating to Darling Harbour.
Clause 50 amends various Acts and statutory instruments specified in
Schedule 3 as a consequence of the dissolution of the Sydney Cove
Redevelopment Authority and the City West Development Corporation.
Clause 51 amends various Acts and statutory instruments specified in
Schedule 4 as a consequence of the dissolution of the Darling Harbour
Authority.
Clause 52 gives effect to Schedule 5 which contains provisions of a savings
and transitional nature required as a consequence of the enactment of the
proposed Act.
Clause 53 requires the Minister to review the proposed Act within 5 years
after the date of assent and to report the outcome of the review to each House
of Parliament.
Schedules
Schedule l contains a description of the foreshore area.
Schedule 2 contains provisions concerning the constitution and procedure of
the Board of the Authority.
Schedule 3 contains amendments to various Acts and statutory instruments
as a consequence of the dissolution of the Sydney Cove Redevelopment
Authority and the City West Development Corporation.
Schedule 4 contains amendments to various Acts and statutory instruments
as a consequence of the dissolution of the Darling Harbour Authority.
Schedule 5 contains savings. transitional and other provisions consequent on
the enactment of the proposed Act. The Schedule includes provisions for:
*
the making of regulations of a savings or transitional nature
*
the dissolution of the Sydney Cove Redevelopment Authority
*
the transfer of staff of the Sydney Cove Redevelopment Authority
*
the dissolution of the City West Development Corporation
*
the transfer of certain staff attached to the City West Development
Corporation
Explanatory note p a g e 6
*
the dissolution of the Darling Harbour Authority
*
the appointment of the Chief Executive Officer of the Authority
*
the status of holders of certain executive positions with the former
Authorities
*
the vesting of assets and liabilities in the Authority.
Explanatory note page 7