New South Wales Consolidated Acts

REDFERN-WATERLOO AUTHORITY ACT 2004 - SECT 19

19 Transfer of land or management of land of other public authorities

(1) If the Minister for a public authority that owns land within the operational area agrees that the land is not being used or required for the core activities of the public authority, the public authority is to transfer:

(a) the land, or

(b) the management of the land,

to the Authority, subject to the terms and conditions agreed to between the Minister for the public authority and the Minister administering this Act.

(1A) The Minister administering the Crown Lands Act 1989 may transfer to the Authority, subject to the terms and conditions agreed to between that Minister and the Minister administering this Act, Crown land within the operational area or the management of any such Crown land.

(1B) Part 3 of the Crown Lands Act 1989 and sections 34 (3)-(5) and 35 of that Act do not apply to any such transfer of Crown land.

(2) An agreement may state whether the transfer is subject to the payment of compensation and, if compensation is to be paid, the amount of the compensation or the basis on which it is to be determined.

(3) Duty under the Duties Act 1997 is not chargeable for or in respect of:

(a) a transfer effected in accordance with an agreement under this section or a voluntary transfer of land to the Authority by a public authority, or

(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).

(4) A public authority whose land is managed by the Authority under an agreement with the public authority may delegate its functions to the Authority, despite the provisions of any other Act.

(5) In this section:
"Crown land" has the same meaning that it has in the Crown Lands Act 1989 but does not include a Crown reserve within the meaning of section 34A of that Act.
"Minister for a public authority" means the Minister administering:

(a) the Act by which the public authority is constituted or established, or

(b) in the case of a subsidiary, the Act by which the subsidiary’s parent is constituted or established.

"public authority" means a public authority constituted by or under an Act, and includes:

(a) a government department, and

(b) a statutory body representing the Crown, a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary (within the meaning of that Act), and

(c) a member of staff or other person who exercises functions on behalf of a public authority,

but does not include a council.
"transfer" of Crown land includes the sale, lease, exchange or other disposal of or dealing with Crown land or the grant of easements or rights-of-way over, or licences or permits in respect of, Crown land.

(6) Any dispute arising under this section between the Minister and the Minister for a public authority or the Minister administering the Crown Lands Act 1989 may be resolved by the Premier.

(7) A Minister or public authority must comply with any direction arising out of the resolution of a dispute under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.