New South Wales Consolidated Acts

SYDNEY HARBOUR FORESHORE AUTHORITY ACT 1998 - SECT 18

18 Management of land of other public authorities

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

(a) the land, or

(b) the management of the land,

to the Authority, subject to any terms and conditions agreed to between that Minister and the Minister administering this Act.

(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:
"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" includes:

(a) a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary within the meaning of that Act of such a corporation, and

(b) the Maritime Authority of NSW constituted by the Ports and Maritime Administration Act 1995 ,

but does not include a council.