New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 8

8 Minister to be corporation sole for certain purposes

(1) The Minister is, for the purpose of exercising those functions expressed to be conferred or imposed on the corporation by or under this or any other Act, hereby incorporated as a corporation sole with the corporate name “Minister administering the Environmental Planning and Assessment Act 1979 ”.

(2) The corporation:

(a) has perpetual succession,

(b) shall have an official seal,

(c) may take proceedings, and be proceeded against, in its corporate name,

(d) may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the corporation is constituted, and

(e) is, for the purpose of any Act, a statutory body representing the Crown.

(3) The seal of the corporation shall not be affixed to any instrument or document except in the presence of the Minister, or an officer of the Department for the time being authorised by the Minister for the purpose, who shall attest by his or her signature the fact and date of the affixing of the seal.

(4) All courts and persons acting judicially:

(a) shall take judicial notice of the seal of the corporation that has been affixed to any instrument or document,

(b) shall, until the contrary is proved, presume that the seal was properly affixed.

(5) For the purposes of section 81 of the Public Works Act 1912 , the corporation shall be deemed to be a Constructing Authority.