New South Wales Consolidated Acts

HOUSING ACT 2001 - SECT 35

35 Exercise of council’s powers by Corporation

(cf Act No 62, 1976, s 19)

(1) The Minister administering the Local Government Act 1993 may, by order published in the Gazette:

(a) transfer to the Corporation such of the functions conferred on a council by or under that Act as are specified or described in the order, and

(b) specify or describe any land vested in the Corporation in or, in relation to which, any transferred function is to be exercised by the Corporation.

(2) An order under this section operates so as to transfer to the Corporation, in accordance with the terms of the order, the functions referred to in the order.

(3) Without affecting the generality of subsection (2), a function conferred on the Corporation by an order under this section is to be exercised by the Corporation only in or in relation to land vested in the Corporation and specified or described in the order.

(4) The provisions of the Local Government Act 1993 apply:

(a) subject to paragraph (b) with such adaptations as are necessary, or

(b) with such adaptations as are specified in the order,

to and in relation to the exercise of functions specified or described in an order under this section as if the Corporation were a council and the land in respect of which those functions may be exercised formed part of that council’s area.

(5) A function conferred on the Corporation by an order under this section is, to the extent specified in the order, taken to be transferred from the council specified in the order, and, to that extent, the council ceases to have that function or to be under any obligation in relation to that function.