Growth Centres (Development Corporations) Act 1974 (NSW)

Growth Centres (Development Corporations) Act 1974 No 49 An Act relating to the growth and development of certain growth centres; to provide for the constitution of development corporations in respect of those growth centres; to confer and impose certain responsibilities, powers, authorities, duties and functions on those corporations; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act This Act may be cited as the Growth Centres (Development Corporations) Act 1974. 2 (Repealed) 3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— approved scheme means an approved scheme referred to in section 15 or 16. assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents. board governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a board. building includes any structure or any part thereof. building site means land set apart as the site for a building under section 8 (1) (f). Chairperson, in relation to a board governed development corporation, means the chairperson of the board of the development corporation. chief executive means the chief executive of a development corporation within the meaning of section 6B. chief executive governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a chief executive. corporation means a development corporation or the Ministerial Development Corporation. council has the same meaning as it has in the Local Government Act 1993. description, in relation to land, includes a description of land by reference— (a) to land within a local government area, (b) to land within a local government area, other than land specified or described as being excepted or excluded therefrom, and (c) to plans or other matters, whether of the same or a different kind or nature. development corporation means a corporation constituted under Part 2. environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979. exercise a function includes perform a duty. function includes a power, authority or duty. growth centre means the land for the time being described in a Part of Schedule 1. Infrastructure NSW means Infrastructure NSW constituted under the Infrastructure NSW Act 2011. liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable). member, in relation to a board governed development corporation, means a member of the board of the development corporation, and includes the chief executive. Ministerial Development Corporation means the Ministerial Development Corporation constituted by Part 3A. public authority means any public or local authority constituted by or under an Act other than this Act, and includes Landcom. regulations means regulations made under this Act. rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable). Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) The responsibilities, powers, authorities, duties and functions conferred or imposed on a corporation shall be exercised or discharged— (a) in the case of a development corporation—by the development corporation for the purposes of, or in connection with, the growth centre in respect of which the development corporation is constituted, or (b) (Repealed) (3) Notes included in this Act do not form part of this Act. 3A Special provisions relating to Infrastructure NSW (1) Infrastructure NSW is taken to be a development corporation for the purposes of the following provisions of this Act (the relevant provisions)— (a) Part 3, (b) sections 27, 30, 32, 33 and 41. (2) The growth centre in respect of which Infrastructure NSW is taken to be constituted for the purposes of the relevant provisions is the following land— (a) the land identified as a potential urban renewal precinct on the State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map under State Environmental Planning Policy (Urban Renewal) 2010 as in force immediately before 1 July 2019, (b) the land identified by yellow shading on the map entitled "Cooks Cove growth centre", dated 1 September 2020 and published on Infrastructure NSW's website, (c) the land outlined in red on the map entitled "The Bays Growth Centre", dated 1 September 2020 and published on Infrastructure NSW's website. Note— The UrbanGrowth NSW Development Corporation was the development corporation for the land specified by this subsection immediately before its dissolution by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019. (3) In exercising its functions as a development corporation under the relevant provisions, Infrastructure NSW may exercise those functions only in relation to the land referred to in subsection (2). Part 2 Constitution of development corporations Division 1 General 4 Constitution of development corporations and growth centres (1) There are constituted by this Act such development corporations as are specified from time to time in Schedule 1. (2) A development corporation is a body corporate with the corporate name specified in column 1 of Schedule 1. (3) The growth centre in respect of which a development corporation is constituted is the area of land described in any manner (including by reference to a description contained in another document) in column 2 of Schedule 1 in relation to the development corporation. (4) A development corporation is to be either a chief executive governed development corporation or a board governed development corporation, as specified from time to time in column 3 of Schedule 1. (5) A development corporation is a NSW Government agency. 5 Amendment of Schedule 1 (Growth centres and development corporations) (1) The Governor may, by order published on the NSW legislation website— (a) constitute a development corporation by inserting the name of a development corporation into column 1 of Schedule 1 and inserting the nature of governance of the development corporation (either "Board" or "Chief executive") into column 3 of Schedule 1, or (b) dissolve a development corporation by omitting the matter relating to the development corporation from Schedule 1, or (c) change the name of a development corporation by amending the name of the development corporation in column 1 of Schedule 1, or (d) establish a growth centre by inserting a description of land in column 2 of Schedule 1, or (e) abolish a growth centre by omitting the description of land of the growth centre from column 2 of Schedule 1, or (f) alter a growth centre by amending the description of land of the growth centre in column 2 of Schedule 1, or (g) change the nature of governance of a development corporation— (i) from board governed to chief executive governed by omitting the word "Board" from column 3 of Schedule 1 and inserting instead the words "Chief executive", or (ii) from chief executive governed to board governed by omitting the words "Chief executive" from column 3 of Schedule 1 and inserting instead the word "Board", or (h) amalgamate 2 or more development corporations by omitting all the matter relating to the development corporations to be amalgamated from Schedule 1 and inserting instead— (i) in column 1 of that Schedule, the name of the amalgamated development corporation, and (ii) in column 2 of that Schedule, a description of the growth centre in respect of which the amalgamated development corporation is constituted, and (iii) in column 3 of that Schedule, the nature of governance of the amalgamated development corporation (either "Board" or "Chief executive"). (2) A development corporation may be constituted in respect of a growth centre within any area (including, but not limited to, an urban area or a rural area). (3) Schedule 1A has effect with respect to orders made under this section. (4) An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 1A, of a savings and transitional nature consequent on the making of the order. (5) The Governor may only make an order under subsection (1) (b) to dissolve a development corporation on the recommendation of the Minister. (6) (Repealed) (7) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect. Division 2 Constitution and procedure of development corporations 6 Governance of development corporation (1) The affairs of a development corporation are to be managed and controlled by— (a) if the development corporation is a chief executive governed development corporation—the chief executive of the development corporation, or (b) if the development corporation is a board governed development corporation—the chief executive, subject to and in accordance with any directions given to the chief executive by the board of the development corporation. (2) In the exercise of its functions, a development corporation is, except where it makes a recommendation to the Minister, subject to the control and direction of the Minister. 6A Development corporation boards (1) There is constituted a development corporation board for each board governed development corporation. (2) A development corporation board is to be called the "[name of board governed development corporation] Board". (3) A board of a development corporation is to consist of— (a) not less than 4 persons appointed by the Governor, and (b) the chief executive, and (c) the Secretary of the Department of Planning and Environment or a person nominated by the Secretary. (4) The Governor may appoint a person to be a member of the board of a development corporation before the order made under section 5 (1) (a) relating to the development corporation takes effect, but the term of office of any such member commences on the date on which the order takes effect or a later date specified in the order. (5) Schedule 2 has effect in relation to board governed development corporations. 6B Chief executives of development corporations (1) The chief executive of a development corporation is the person employed in the Public Service as the chief executive of that development corporation. (2) (Repealed) (3) If the development corporation is a board governed development corporation, the chief executive may be represented at any meeting of the board by a person nominated for the time being by the chief executive. In representing the chief executive, the person nominated has and may exercise the same functions as the chief executive has at such a meeting (including voting rights), and is taken to be the chief executive. (4) If the development corporation is a chief executive governed development corporation— (a) except when making a recommendation to the Minister, the chief executive is, in the exercise of his or her functions, subject to the control and direction of the Minister, and (b) any act, matter or thing done in the name of, or on behalf of, the development corporation by the chief executive of that development corporation is taken to have been done by the development corporation. (5) (Repealed) Part 3 Responsibilities, powers, authorities, duties and functions of development corporations 7 Responsibility etc of development corporation (1) Subject to this Act, a development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre in respect of which it is constituted. (2) Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge the following powers, authorities, duties and functions— (a) to submit to the Minister such proposals with respect to the development and use of land within the growth centre in respect of which it is constituted, or the planning of the development and use of that land, as it considers necessary or appropriate, including proposals for the development and use of land in conjunction with the provision of utility services and public transport facilities for or in connection with the growth centre, (b) to consider, and furnish reports to and advise and make recommendations to the Minister upon, any matter or proposal with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, which may be referred to it by the Minister, (c) to carry out research into problems with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, and prepare and issue memoranda, reports, bulletins, maps or plans relating thereto or any other material, (d) to assist councils, which the development corporation considers may be affected, with respect to matters concerning the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, (e) to exercise and discharge such other powers, authorities, duties and functions as are conferred or imposed on it by or under this or any other Act, and (f) to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise or discharge of its responsibilities, powers, authorities, duties and functions. 8 General powers of development corporation (1) Subject to this Act, the Environmental Planning and Assessment Act 1979 and any other relevant Act a development corporation may, for the purposes of this Act— (a) manage land vested in the development corporation, (b) cause surveys to be made, and plans of survey to be prepared, in relation to any land vested in the development corporation, (c) (Repealed) (d) demolish, or cause to be demolished, any building within or adjoining or in the vicinity of the growth centre of which it has exclusive possession, (e) provide, or arrange, on such terms and conditions as may be agreed upon, for the location or relocation of, utility services within or adjoining or in the vicinity of the growth centre, (f) set apart land as sites for buildings or works or for religious, charitable or municipal purposes, (g) subdivide and re-subdivide land, and consolidate subdivided or re-subdivided land, vested in the development corporation, (h) set out and construct roads on land vested in the development corporation, (i) erect, alter, repair and renovate buildings on and make other improvements to land vested in the development corporation, or on any other land with the consent of the person in whom it is vested, and (j) cause any work to be done on or in relation to any land vested in the development corporation, or any other land with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument applying to the land. (2) (Repealed) 9 Power to acquire land etc (1) A development corporation may, for the purposes of this Act, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. (2) Without limiting the generality of subsection (1), a development corporation may, in accordance with that subsection, acquire— (a) any land within the growth centre in respect of which the development corporation is constituted which the corporation considers should be made available in the public interest for any purpose of the growth centre, or (b) any land of which the land proposed to be acquired under this Act forms part, or (c) any land adjoining or in the vicinity of any land proposed to be acquired under this Act, or (d) a leasehold or any other interest in land. 10 Application of Public Works Act 1912 (1) For the purposes of the Public Works Act 1912, any acquisition of land under section 9 is taken to be for an authorised work and the development corporation is, in relation to that authorised work, taken to be the Constructing Authority. (2) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act. 11 Disposal of land (1) A development corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land vested in the development corporation, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over that land or any part thereof. (2) Notwithstanding subsection (1), the approval of the Minister shall not be required for a lease of land by the development corporation for a term which is less than three years. 12 Dedication of land (1) A development corporation may, by notification published in the Gazette, declare that it proposes to surrender to Her Majesty land described or referred to in the notification to be dedicated for any public purpose specified in the notification or, if so specified in the notification, as a public road. (2) When land described or referred to in a notification published in accordance with subsection (1) is surrendered, the land— (a) becomes Crown land reserved from sale, lease or licence under the Crown Land Management Act 2016, and (b) on revocation of the reservation, may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road, as the case requires. (3) A development corporation may, in a notification published pursuant to subsection (1), limit the description of, or reference to, land to a specified depth below the surface thereof and, where such a description or reference is so limited, subsection (2) does not apply to or in respect of land below the depth so specified. 13 Covenants in leases (1) Subject to this section, where the lease of a building site contains a covenant on the part of the lessee not to commence the erection of a building on the building site, or any work preparatory or incidental thereto, without the written consent of a development corporation— (a) the development corporation may give its consent upon the application of a person entitled to apply to a council for its approval to the erection of a building on the building site, and (b) the development corporation may impose conditions in giving its consent. (2) A development corporation shall not give a consent pursuant to subsection (1) unless— (a) the application therefor is accompanied by such plans and specifications of the building in respect of which the consent is sought, and such other information in respect of that building, as may be prescribed or as the development corporation may require, and (b) the application therefor and the accompanying plans and specifications and other information disclose that the building in all respects will be in conformity with the planning scheme or interim development order that applies to or in respect of the building and with the approved scheme applicable to the growth centre in respect of which the development corporation is constituted, as to— (i) the use to which the building will be put, (ii) the height and general external design and appearance of the building, (iii) the area of the building site to be covered by the building, and (iv) the situation of the building in relation to the boundaries of the building site. (3) (Repealed) 14 Submission of scheme A development corporation shall, as soon as practicable after it is constituted, submit to the Minister proposals referred to in section 7 (2) (a). 15 Approved scheme (1) The Minister shall consider the proposals so submitted and may then direct the development corporation— (a) to proceed with the scheme constituted by the proposals, (b) to proceed with that scheme with such alterations as the Minister deems expedient and notifies in writing to the development corporation, or (c) not to proceed with that scheme, but to submit another scheme for the Minister's consideration. (2) If, pursuant to subsection (1) (c), the Minister directs the development corporation to submit another scheme, the development corporation shall comply with the direction within such period as the Minister may allow, and subsection (1) applies to and in respect of that other scheme as if it were the original scheme. (3) Where the Minister gives a direction under subsection (1) (a) or (b), the scheme in respect of which the direction is given shall constitute the approved scheme for the growth centre to which it relates for the purposes of this Act. 16 Variation of approved scheme (1) A development corporation may recommend to the Minister that the approved scheme for the growth centre in respect of which the development corporation is constituted be varied in the manner specified in the recommendation. (2) The Minister shall consider any such recommendation and may then direct the development corporation— (a) to vary the approved scheme as recommended by the development corporation, (b) to vary the approved scheme with such alterations, arising out of the Minister's consideration of the development corporation's recommendation, as the Minister deems expedient and notifies in writing to the development corporation, or (c) not to vary the approved scheme. (3) Where the Minister gives a direction pursuant to subsection (2) (a) or (b), the approved scheme, as varied in accordance with the direction, shall be the approved scheme for the purposes of this Act. 17 Implementation of approved scheme The development corporation constituted in respect of a growth centre to which an approved scheme relates shall, as soon as practicable, cause the scheme to be implemented by the exercise of its powers under this Act. 18 Development corporation may enter into contracts (1) A development corporation may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or discharge by the development corporation of its responsibilities, powers, authorities, duties and functions. (2) A contract under subsection (1) may provide for— (a) the whole or part of any works to be undertaken by the development corporation, (b) the whole or any part of the cost of any works to be paid by the development corporation, (c) a loan to be made by the development corporation to meet the whole or any part of the cost of any works, or (d) the development corporation to pay the costs of providing any services during a specified period. (3) A development corporation may enter into a contract with any person for the construction on land vested in the development corporation or that person, or in the development corporation and that person, or on any other land with the consent of the owner of that land, of buildings suitable for occupation, or works, for the purposes of the growth centre in respect of which the development corporation is constituted, and the sale, lease or exchange of any such land together with the buildings or works thereon. (4) A contract under this section shall be deemed for the purposes of the Constitution Act 1902 to be a contract for or on account of the Public Service of New South Wales. 19 Development corporation may enter into arrangement with other public authorities (1) A development corporation may enter into an arrangement or agreement with any public authority whereby— (a) that public authority shall act as agent of the development corporation for the purposes of this Act, or (b) the development corporation shall act as agent of that public authority for the purposes of this Act, on such terms and conditions as are agreed upon between the development corporation and the public authority. (2) (Repealed) 20 (Repealed) 21 Arrangements as to use of officers or facilities by development corporation (1) For the purpose of exercising and discharging its responsibilities, powers, authorities, duties and functions, a development corporation may, with the approval of the Minister and of the Department concerned and on such terms as may be arranged, make use of the services of any officers or employees or the facilities of any Government Department. (2) For the like purpose, a development corporation may, with the approval of the Minister and of the public authority concerned, and on such terms as may be arranged, make use of the services of any officers, employees or servants or the facilities of any public authority. 22 Consultation and negotiation In the exercise and discharge of its responsibilities, powers, authorities, duties and functions, a development corporation shall, as far as practicable— (a) consult with public authorities and Government Departments whose responsibilities, powers, authorities, duties and functions include those of the same or of a similar nature, and (b) negotiate with any such authorities and Departments for the purpose of arranging or providing services and facilities in the growth centre in respect of which the development corporation is constituted. 23 Development corporation to prepare annual statement of business intent and other plans and reports (1) A development corporation is to prepare an annual statement of business intent and submit that statement to the Minister and the Treasurer at such times as the Minister directs. (2) A statement of business intent is to set out the business plan of the development corporation over the following year (or other period as may be required by the Minister) and is to include each of the following— (a) the objectives of the corporation, (b) the intended nature of its activities, including the intended scope of those activities, (c) the corporation's performance targets, (d) the corporation's accounting and reporting policies and practices, (e) details of the corporation's activities in connection with determining, allocating and administering contributions under Divisions 6 and 6A of Part 4 of the Environmental Planning and Assessment Act 1979, (f) any other matter required by the Minister. (3) A development corporation is to prepare and submit to the Minister and Treasurer such other statements, reports and plans as may be specified in writing by the Minister. (4) If the Minister or the Treasurer is not satisfied with a statement, report or plan submitted under this section, the Minister may direct the relevant development corporation to amend and resubmit the statement, report or plan in the manner and time specified. Part 3A Establishment of Ministerial Development Corporation 23A–23D (Repealed) 23E Establishment of Ministerial Development Corporation (1) There is constituted by this Act a body corporate with the corporate name of the Ministerial Development Corporation. (2) The affairs of the Ministerial Development Corporation are to be managed by the Minister. (3) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Development Corporation by the Minister, or with the authority of the Minister, is taken to have been done by the Ministerial Development Corporation. 23F Functions of Ministerial Development Corporation (1) The Ministerial Development Corporation is responsible for the management and disposal of the remaining assets, rights and liabilities of a dissolved development corporation. (2) Without limiting the generality of subsection (1), the Ministerial Development Corporation, for the purposes of that subsection— (a) has, in relation to the assets, rights and liabilities of the dissolved development corporation that are transferred to it, the same powers, authorities and functions of that development corporation under sections 8–13, 18, 19 and 21, and (b) may, with the concurrence of the Treasurer, transfer any of its assets, rights and liabilities to the Crown or to any other person on behalf of the Crown. (3) The Ministerial Development Corporation has such other functions as may be conferred or imposed on it by or under this or any other Act. (4) In this section, dissolved development corporation means a development corporation which is dissolved by an order under section 5 (1) (b). Part 4 Finance 24 Financial year of a corporation The financial year of a corporation shall be— (a) where no period is prescribed as referred to in paragraph (b)—the year commencing on 1 July, or (b) the period prescribed for the purposes of this section. 25, 26 (Repealed) 27 Investments A corporation may invest money held by it— (a) if the corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the corporation is permitted to invest money under that Part, or (b) if the corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer. 28–29A (Repealed) Part 5 General 30 Powers of public authorities Notwithstanding anything in any other Act, any public authority is hereby authorised and empowered to enter into agreements for the purposes of this Act with a corporation and may do or suffer anything necessary or expedient for carrying any such agreement into effect. 31 (Repealed) 32 Disputes (1) In this section, corporation does not include the Ministerial Development Corporation. (2) If any difference, whether arising out of the construction of this Act or not, arises between a corporation and a council, with respect to the carrying out of the provisions of this Act or with respect to the fulfilment and exercise of the corporation's responsibilities, powers, authorities, duties, functions or privileges, the corporation or the council may submit the difference to the Minister, who may refer the matter for inquiry to some person appointed by the Minister in that behalf, or may make his