PLANNING AND DEVELOPMENT ACT 2005 - SECT 15

PLANNING AND DEVELOPMENT ACT 2005 - SECT 15

15 .         Powers

        (1)         The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.

        (2)         Without limiting subsection (1), the Commission may, for the purpose of performing a function —

            (a)         subject to this Act, acquire, hold and dispose of real and personal property; and

            (b)         enter into an agreement with any person under which that person may acquire a lease of, a licence in respect of, or any other estate or interest in, any land mentioned in section 14(j); and

            (c)         develop and turn to account any technology, software or other intellectual property that relates to the function, and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and

            (d)         enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, in the State or elsewhere) —

                  (i)         for the supply of equipment by that person or body; or

                  (ii)         to provide consultancy or advisory services to that person or body; or

                  (iii)         for the commercial exploitation of the knowledge, expertise and resources of the Commission and the rights referred to in paragraph (c);

                and

            (e)         subject to subsection (3), enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, in the State or elsewhere) for the performance by that person or body of any work or the supply of services; and

            (f)         on terms and conditions approved by the Minister and the Treasurer, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and

            (g)         act in conjunction with a person, a firm, a local government or a department of the Public Service, or other agency or instrumentality, of the State, another State or Territory or the Commonwealth.

        (3)         The Commission is not to enter into a contract or arrangement referred to in subsection (2)(e) unless —

            (a)         the Minister has approved; and

            (b)         the contract or arrangement is entered into in such circumstances and for such periods as the Minister may from time to time specify by written notice given to the Commission.

        (4)         For the purposes of subsection (2)(f) the Minister and the Treasurer may approve terms and conditions in respect of a specific business arrangement or class of business arrangement or in respect of business arrangements generally.

        (5)         In this section —

        business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship;

        participate includes form, promote, establish, enter into, manage, dissolve, wind up, and do anything incidental to the participating in a business arrangement.