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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
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.
Clause 3 states the purpose of the proposed Act.
Clause 4 defines certain terms for the purposes of the proposed Act. The
"heads of agreement" means the agreement entered into on behalf of the
States of New South Wales and Queensland a copy of which is set out in
Schedule 2. The "deed of agreement" means the deed entered into on
behalf of those States to give effect to the heads of agreement. A copy of the
deed of agreement is set out in Schedule 1. "The works" is defined as the
works to be carried out, maintained or constructed to give effect to the deed
of agreement and such further agreements as may be made between those
States for the purpose of giving effect to the heads of agreement or for any
ancillary purpose.
Part 2 Agreements
Clause 5 provides that the execution of the heads of agreement by the
Premier and of the deed of agreement by the Minister for Public Works is
ratified and both agreements are approved. References to the Minister for
Public Works in both of those instruments are to be construed as references
to the Minister administering the proposed Act.
Clause 6 provides for the approval of any further agreement entered into on
behalf of the State of New South Wales that is certified by the Minister for
Land and Water Conservation ("the Minister") to be for the purpose of
giving effect to the heads of agreement or for any ancillary purpose. Any
such further agreement will not be approved if either House of Parliament
disapproves the agreement within 21 days of its being tabled before the
House.
Clause 7 authorises the Minister to enter into contractual arrangements in
various capacities for the carrying out of the works.
Explanatory note page 2
Part 3 Implementation
Clause 8 authorises the implementation of the deed of agreement and each
further agreement entered into for the purpose of carrying out the heads of
agreement.
Clause 9 provides for the application of certain provisions of the Public
Works Act 1912 to the works and for the acquisition of land under that Act
by the Minister. Land may be acquired for the purposes of the works by
agreement or compulsory process in accordance with the Land Acquisition
(Just Terms Compensation) Act 1991. The proposed section also provides
that pre-acquisition procedures of the Land Acquisition (Just Terms
Compensation) Act 1991 (such as the requirement to give notice to the
owner of the land) do not apply to the acquisition of land by compulsory
process if the Minister certifies to the Governor that it is appropriate for the
purposes of the works that those procedures not apply to the acquisition.
Clause 10 provides for the application of the Environmental Planning and
Assessment Act 1979 to the works. The carrying out of the works is to be an
activity for the purposes of Part 5 of that Act and the Minister is to be the
determining authority for the purposes of that Part. The proposed section
provides that so much of the works as was the subject of an environmental
impact statement publicly exhibited before the commencement of the
proposed section is taken to be maintenance dredging within the meaning of
State Environmental Planning Policy No. 35--Maintenance Dredging of Tidal
Waterways. The approval of the Minister for Urban Affairs and Planning
will be required for so much of the works as do not consist of maintenance
dredging. A saving provision in relation to that environmental impact
statement is also included.
Part 4 Miscellaneous
Clause 11 protects the Minister, and any individual engaged, or performing
any function, in connection with the carrying out of the works, from
personal liability for things done or omitted to be done in good faith for the
purpose of carrying out the works. The proposed section also provides that
no action for nuisance in relation to the carrying out of the works may be
brought against the State, the Minister or any individual or corporation
carrying out the works or performing any function in connection with the
carrying out of the works.
Explanatory note page 3
Clause 12 provides a right to compensation if land that has been acquired
for the purposes of the works is later found to be have been claimable
Crown land. If that land had not been so acquired, it would have been
transferred to the claimant under the Aboriginal Land Rights Act 1983. The
compensation is to be determined in accordance with the provisions of the
Land Acquisition (Just Terms Compensation) Act 1991.
Clause 13 provides that the proposed Act binds the Crown.
Clause 14 requires the Minister to review the proposed Act after 5 years
from the date of assent to the proposed Act to determine whether the policy
objectives of the proposed Act remain valid and whether the terms of the
proposed Act remain appropriate for securing those objectives.
Schedules
Schedule 1 contains a copy of the deed of agreement.
Schedule 2 contains a copy of the heads of agreement.
Schedule 3 will contain a copy of each further agreement entered into by the
Minister if the agreement has been approved by the operation of proposed
section 6.
Explanatory note page 4