New South Wales Consolidated Acts

INFRASTRUCTURE IMPLEMENTATION CORPORATION ACT 2005 - SECT 11

11 Authorisation to take over projects

(1) A project authorisation order may, in the case of a major infrastructure project that is carried out by (or that involves) another public authority, declare the IIC to be responsible for the public authority’s functions in relation to the carrying out of the project.

(2) Without limiting section 9 (3), the following provisions have effect on the making of a project authorisation order as referred to in this section:

(a) the IIC has and may exercise all of the functions of the public authority in relation to the project,

(b) the public authority may not exercise any functions in relation to the project except with the consent of the IIC,

(c) the IIC may, with the concurrence of the Premier and after consulting with the public authority concerned, give directions to the public authority in relation to the project,

(d) the public authority must comply with any such directions given to it by the IIC.

(3) Before making a project authorisation order that declares the IIC to be responsible for a major infrastructure project that is carried out by (or that involves) a statutory SOC, the Premier is to consult with the following:

(a) the portfolio Minister of the SOC,

(b) the voting shareholders of the SOC,

(c) the board of directors of the SOC.

(4) Failure to comply with subsection (3) does not affect the validity of the order.