State Property Authority Bill 2006

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

Overview of Bill

The objects of this Bill are:

(a) to establish the State Property Authority (the Authority) as a statutory
corporation representing the Crown, and

(b) to set out the Authority’s objectives and functions, which are principally to
improve operational efficiencies in the use of properties of government
agencies (being land or interests in land) and to manage, acquire and dispose
of properties for the government and government agencies, and

(c) to enable the Governor to transfer to the Authority specified property of a
government agency by order published in the Gazette.

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 a day or days to be
appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act. In
particular, the term government agency is defined to mean a public authority
constituted by or under an Act, a statutory body representing the Crown and a
Department of the Public Service (but does not include a State owned corporation, a
local authority or any person or body exempted by the regulations) and property of a
government agency is defined to mean land (including an interest in land) vested in
the government agency, or vested in the Crown or Her Majesty and controlled and
used by the government agency.

Part 2 Constitution and management of Authority
Clause 4 provides for the constitution of the State Property Authority as a
corporation.

Clause 5 states that the Authority is a statutory body representing the Crown.

Clause 6 provides that the Authority is subject to the direction and control of the
Minister.

Clause 7 provides that the Chief Executive Officer of the Authority is responsible
for the management of the affairs of the Authority.

Clause 8 enables the Authority to delegate its functions to certain persons.

Clause 9 enables the Authority to exercise its functions through subsidiaries, or in a
partnership, joint venture or other association with other persons or bodies.

Part 3 Objectives and functions of Authority
Clause 10 sets out the principal objectives of the Authority, including to improve
operational efficiencies in the use of properties of government agencies, particularly
generic properties (such as offices, warehouses, depots and car parks).

Clause 11 sets out the principal functions of the Authority, including to hold,
manage, maintain, acquire or dispose of property for the government and
government agencies.

Clause 12 enables a government agency to enter into an agreement with the
Authority to hold property for the agency, to manage, maintain or dispose of property
of the agency, to carry out, manage, co-ordinate or participate in the development of
the property of the agency or to acquire any property on behalf of, or for the purposes
of, the agency.

Clause 13 enables the Authority, with the consent of the Minister, to sell, lease,
exchange or otherwise dispose of or deal with land. The clause also requires the
Authority to maintain a register of land that is vested in it or managed by it.

Clause 14 enables the Authority to dedicate land for a public purpose or as a public
road.

Clause 15 enables the Authority to acquire property by gift, devise or bequest.

Clause 16 enables the Authority, with the Minister’s approval, to form and acquire
interests in private corporations or to dispose of such interests.

Part 4 Transfers relating to property of government
agencies
Clause 17 contains definitions used in the proposed Part.

Clause 18 provides for the transfer to the Authority of the property described in
proposed Schedule 1. Unless otherwise specified in the proposed Schedule, the
property is transferred subject to any existing trusts, interests, conditions and other
restrictions. On transfer, the rights and liabilities of the previous owner of the
property become the rights and liabilities of the Authority.

Clause 19 enables the Governor, by order published in the Gazette, to insert the
description of any property of a government agency (including vacant Crown land)
in proposed Schedule 1. The effect of such an order is to transfer the property to the
Authority. However, property may not be transferred by such an order if it is land that
is reserved or declared as a national park, historic site, state conservation area,
regional park, nature reserve, karst conservation reserve or marine park, land that is
acquired under Part 11 of the National Parks and Wildlife Act 1974 or land that is
reserved or dedicated under an Act for any purpose, being a reservation or dedication
that can only be revoked by an Act. Land that is reserved under Part 5 of the Crown
Lands Act 1989 is also not capable of being transferred unless the Minister for Lands
has given concurrence.

Clause 20 sets out the effect of a transfer of property under the proposed Part,
including, for example, that it does not constitute a breach of contract.

Part 5 Miscellaneous
Clause 21 provides that no duty is payable under the Duties Act 1997 in relation to
the transfer of property under the proposed Act.

Clause 22 enables the Governor to make regulations for the purposes of the
proposed Act.

Clause 23 is a formal provision that gives effect to the savings, transitional and other
provisions set out in Schedule 2.

Clause 24 is a formal provision that gives effect to the amendments to the Acts set
out in Schedule 3.

Clause 25 provides for the review of the proposed Act in 5 years.

Schedule 1 Property transferred to Authority
Schedule 1 will describe the properties that are transferred to the Authority.

Currently, no properties are included in the proposed Schedule.

Schedule 2 Savings, transitional and other
provisions
Schedule 2 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.

Schedule 3 Amendment of other Acts
Schedule 3.1 amends section 36 of the Aboriginal Land Rights Act 1983 to ensure
that a right under that section of an Aboriginal Land Council in relation to claimable
Crown lands is not affected merely because the land is transferred to the Authority.

Schedule 3.2 amends section 104A of the Native Title (New South Wales) Act 1994
to ensure that native title over any land that is transferred to the Authority by an order
under proposed section 19 is not affected by the transfer.

Schedule 3.3 amends Schedule 2 to the Public Finance and Audit Act 1983 to include
a reference to the Authority. The amendment will have the effect of applying the
general audit provisions of that Act to the Authority.

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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