New South Wales: Housing Act 2001 (NSW)

Housing Act 2001 No 52 An Act to consolidate certain legislation relating to housing; to repeal the Housing Act 1912, the Housing Act 1976, the Housing Act 1985 and the Home Purchase Assistance Authority Act 1993; to amend various Acts consequentially; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Housing Act 2001. 2 Commencement This Act commences, or is taken to have commenced, on 1 July 2001. 3 Definitions In this Act— building includes any part of a building and any appurtenance to a building, any fence, wall and any other structure or a part of a structure and any provision for lighting, heating, refrigeration, water supply, drainage or sewerage. Commonwealth State agreement includes any agreement to which the Commonwealth and the State are parties, whether or not other persons or bodies are also parties to the agreement. Corporation means the New South Wales Land and Housing Corporation constituted by this Act. council has the same meaning as it has in the Local Government Act 1993. Department means the department in which this Act is administered. exercise a function includes perform a duty. function includes a power, duty or authority. Home Purchase Assistance Fund means the fund established under the trust deed entitled "Trust Deed establishing the Home Purchase Assistance Fund", being an agreement entered into on 14 February 1989 between the State, the Department of Housing, the Treasury, Permanent Custodians Limited and Permanent Trustee Company Limited. house or housing means any kind of dwelling. Housing Account means the account established under section 63. housing area means a housing area constituted under section 36. Housing Reserve Fund means the Housing Reserve Fund established under section 66. proprietor in relation to land means the proprietor of a legal or equitable estate of fee simple in the land. public authority means any public or local authority constituted by or under an Act other than this Act. public housing means housing owned or leased by the Corporation or Minister, and managed by the Department, that is leased to members of the public that meet the Department's or the Corporation's eligibility criteria, but does not include housing leased to a person in accordance with the HomeFund Restructuring Act 1993 or that is substituted for housing leased in accordance with that Act or housing subject to a concurrent lease to a registered community housing provider. registered community housing provider has the same meaning as it has in the Community Housing Providers National Law (NSW). Secretary means the Secretary of the Department. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. 4 Notes Notes included in this Act are explanatory notes and do not form part of this Act. Note. For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of other Acts that are the subject of repeal by this Act. Part 2 Objects of Act 5 Objects of Act (cf Act No 163, 1985, s 4, Act No 15, 1993, s 4) (1) The objects of this Act are as follows— (a) to maximise the opportunities for all people in New South Wales to have access to secure, appropriate and affordable housing, (b) to ensure that housing opportunities and assistance are available to all sections of the community with housing needs, (c) to ensure that public housing is developed as a viable and diversified form of housing choice, (d) to ensure that public housing and community housing reflects the housing standards of the general community and is designed to cater for the ongoing needs of consumers, (e) to maximise the opportunities for tenants of public and community housing programs to participate in the management of their housing and in the development of public and community housing policies, (f) to ensure that the public housing system focuses on housing people who are most in need, (f1) to ensure that the available supply of public housing is shared equitably among people who are most in need, (g) to promote equity between levels of assistance provided to people living in public housing, community housing, private rental housing and those who own or are purchasing their homes, (h) to maintain an efficient housing administration to ensure the effective co-ordination and provision of all housing services, (i) to encourage social mix and the integration of different housing forms in existing and new communities, (j) to ensure that registered community housing is developed as a viable and diversified component of the New South Wales social housing sector, (k) to support the provision of registered community housing for people on a very low, low or moderate income, (l) to facilitate the provision of assistance to home purchasers on low to moderate incomes, (m) to provide for the management of such existing and future home purchase assistance schemes (including the portfolio of loans under HomeFund schemes) as the Minister directs, (n) to provide for the funding of such other rental and home purchase assistance schemes as the Minister directs, (o) to encourage the development of flexible and innovative financial arrangements to facilitate access to home ownership for persons in receipt of low and moderate incomes, (p) to ensure appropriate mechanisms and forums are established to allow input into housing policy by representative community organisations and non-government agencies involved in housing policy and provision, (q) to attract investment in public housing, including related activities such as tenant employment and the provision of integrated services, (r) to enable the provision under this Act of corporate, technical and information technology services, in or outside New South Wales, to government and non-government agencies. (2) In the administration of this Act, regard is to be had to the objects of this Act to the maximum extent possible taking into consideration the needs of the State and available resources, and subject to any directions of the Minister. Part 3 New South Wales Land and Housing Corporation Division 1 Establishment of Corporation 6 Establishment of New South Wales Land and Housing Corporation (1) There is constituted by this Act a body corporate with the corporate name of the New South Wales Land and Housing Corporation. (2) The affairs of the Corporation are to be managed by the Secretary. (3) Any act, matter or thing done in the name of, or on behalf of, the Corporation by the Secretary, or with the authority of the Secretary, is taken to have been done by the Corporation. (4) The Corporation is, for the purposes of any Act, a statutory body representing the Crown. (5) The Corporation is subject to the direction and control of the Minister. (6) (Repealed) (7) The Corporation may exercise any of its functions, and may otherwise act, in the name of the Department. (8) The Corporation and the Department are, to the maximum extent possible, to act in a complementary manner, so as to achieve a unified administration of this Act. Division 2 General functions of Corporation 7 Functions of Corporation generally (1) The Corporation— (a) has the functions conferred on it by or under this or any other Act and may do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise of its functions, and (b) has such other functions as are necessary to implement any Commonwealth State agreement, in so far as it relates to housing. (2) The Corporation is to manage financial risks associated with its activities. (3) (Repealed) 8 Functions of Corporation relating to land and housing (cf Act No 62, 1976, s 9) (1) In this section— develop includes re-develop. public purpose includes any purpose for which land may be acquired under any other Act. residential development includes the expansion, establishment and re-development of residential areas. (2) The Corporation has the following functions— (a) to acquire land for present or future residential development and for public purposes, (b) from time to time, as prevailing circumstances require, to develop and make available, or to make available for development by others, such of the land so acquired as the Corporation considers necessary or expedient for residential development and for public purposes. (c), (d) (Repealed) (3) (Repealed) 9 Functions of the Corporation relating to home purchase assistance (cf Act No 15, 1993, s 13) (1) The Corporation has the following functions— (a) to develop policies for home purchase assistance and to make recommendations to the Minister on such matters, (b) to manage such existing and future home purchase assistance schemes as are from time to time directed by the Minister. (2) Without limiting the generality of subsection (1), the Corporation has the following functions— (a) to determine guidelines for the eligibility of applicants for home purchase assistance, (b) to determine the terms and conditions of loans or other assistance to those applicants, (c) to advertise and market home purchase assistance, (d) to provide information to the public on home purchase and home purchase assistance, (e) to make loans or grants or give other financial assistance, with or without security, to eligible applicants, (f) to manage loans, including to collect repayments and arrears and realise securities, (g) to manage the Housing Reserve Fund and any contingency fund in relation to home purchase assistance, as directed by the Minister. 10 Functions relating to collection of information and provision of advice, services and products (cf Act No 7, 1912, s 40G) (1) The Corporation has the following functions— (a) to carry out all such surveys and investigations into issues related to housing as may be necessary or expedient for the purposes of this Act, or for the purpose of ascertaining the housing conditions in any locality, (b) to publish for general information the results of any such survey or investigation, (c) to publish from time to time in printed form or on the Internet matter dealing with housing, (d) to take steps by the holding of architectural competitions or otherwise to obtain the better design and arrangement of houses and of subdivisions of land for houses and related purposes, (e) to recommend the making of regulations under the Environmental Planning and Assessment Act 1979 concerning any matter relating to building, (f) to give to any person such advice or assistance of a technical or architectural nature, and such advice of a financial nature, on matters relating to housing, as the Corporation may from time to time determine. (2) Without limiting the generality of subsection (1), the Corporation may— (a) provide to any person or organisation corporate services, information technology services, advice and associated products, and (b) provide to persons or organisations involved in the provision of housing, or that are part of the housing industry, technical services, advice or associated products. (3) A function referred to in subsection (2) may be exercised within or outside the State. (4) The Corporation may charge for the provision of services, advice or products in accordance with this Act. 11 Consultation and negotiation (cf Act No 62, 1976, s 18) (1) In the exercise of its functions the Corporation is, as far as practicable— (a) to consult with public authorities whose functions include those of the same or of a similar nature, and (b) to negotiate with any such authorities for the purpose of arranging or providing services and facilities on land vested in the Corporation. (2) (Repealed) (3) In the exercise of its functions relating to the provision of public housing, the Corporation is, as far as practicable, to consult with public housing tenants and organisations representing the interests of public housing tenants. Division 3 General powers to enter contracts, agreements and concurrent leases 12 Corporation may enter into contracts (cf Act No 62, 1976, s 16) (1) The 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 by the Corporation of its functions. (2) A contract under subsection (1) may provide for— (a) the whole or any part of any works to be undertaken by the Corporation, or (b) the whole or any part of the cost of any works to be paid by the Corporation, or (c) a loan to be made by the Corporation to meet the whole or any part of the cost of any works, or (d) the Corporation to pay the cost of providing any services during a specified period. (3) Without affecting the generality of subsection (1), the Corporation may make and enter into a contract under this section with any person for the construction on land vested in the Corporation or that person, or in the Corporation and that person, of buildings or of other works, and for the sale, lease or exchange of any such land together with the buildings or other works on the land. 13 Corporation may enter into arrangements with other public authorities (cf Act No 1976 No 62, s 17) (1) The Corporation may enter into an arrangement or agreement with any public authority that— (a) the public authority is to act as agent of the Corporation for the purposes of this Act, or (b) the Corporation is to act as agent of the public authority for the purposes of this Act, on such terms and conditions as are agreed on between the Corporation and the public authority. (2) Despite anything in any other Act, any public authority is authorised and empowered to enter into arrangements or agreements referred to in subsection (1) and may do or suffer anything necessary or expedient for carrying out any such arrangements or agreements. 13A Entering into concurrent leases (1) The Corporation may enter into a concurrent lease with a registered community housing provider in respect of any housing owned by the Corporation (whether or not the housing is leased to a tenant at the time that the concurrent lease is entered). (2) On entering into a concurrent lease under this section— (a) any rent payable by a tenant (other than rent in arrears that was payable before the concurrent lease was entered into) becomes payable to the registered community housing provider and not to the Corporation and any provision of the concurrent lease, to the extent that it provides otherwise (whether directly or constructively), does not have effect, and (b) the tenant is no longer renting public housing. (3) On entering into a concurrent lease under this section in respect of housing, the Corporation may provide to the registered community housing provider any information in relation to the housing (including personal or health information about a tenant or any other person). (4) The Corporation is not to provide personal or health information to a registered community housing provider under this section unless the Corporation is satisfied that the registered community housing provider has procedures in place to ensure the privacy of the information. (5) Nothing in this section limits any other power the Corporation may have to enter into a lease or a concurrent lease (including entering into a concurrent lease with a registered community housing provider). (6) For the avoidance of doubt, the consent of a tenant is not required in order for the Corporation to enter into a concurrent lease or to provide information under this section. Division 4 Administration 14 Staff Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Corporation to exercise its functions. Note. Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Corporation makes use of) may be referred to as officers or employees, or members of staff, of the Corporation. Section 47A of the Constitution Act 1902 precludes the Corporation from employing staff. 15 Delegations (1) The Corporation may delegate to a person the exercise of any of its functions, other than this power of delegation. (1A) A delegate of the Corporation may sub-delegate to a person any function delegated by the Corporation if the delegate is authorised to do so by the Corporation. (2) The Secretary may delegate to a person employed in the Department, or to the Corporation, the exercise of any of the Secretary's functions under this Act (including any function delegated to the Secretary under this section), other than this power of delegation. (2A) A delegate of the Secretary may sub-delegate to a person employed in the Department any function delegated by the Secretary if the delegate is authorised to do so by the Secretary. (3) (Repealed) 16 Reports from Corporation to Minister (1) The Corporation must furnish the Minister with full information as to any business of the Corporation that the Minister requires. (2) The Corporation must at all times allow the Minister and every person authorised by the Minister to inspect all books, papers, documents, accounts, buildings, property and places under its control. 17 Annual reporting information The annual reporting information prepared for the Department under the Government Sector Finance Act 2018 may include any annual reporting information required under that Act for the Corporation. Part 4 Acquisition, sale, development and management of land and property Division 1 General powers of Corporation in relation to land and property 18 General powers of Corporation in relation to land vested in Corporation (cf Act No 62, 1976, ss 10 and 14 (1)) For the purposes of this Act and subject to this Act, the Corporation may, in relation to land vested in the Corporation— (a) control and manage the land, and (b) subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with the land and grant easements or rights-of-way over the land or any part of that land, and (c) demolish any building on the land of which it has exclusive possession, and (d) provide or relocate, or arrange for the provision or relocation of, utility services to or in relation to the land, and (e) subdivide and re-subdivide the land and consolidate subdivided or re-subdivided land, and (f) set out and construct roads on the land, and (g) erect, alter, repair or renovate buildings on the land or make other improvements to the land, and (h) cause any other work to be done on or in relation to the land for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 applying to the land. 19 Surrender of land (cf Act No 7, 1912, s 12) (1) The Corporation may accept a surrender of any land leased, dedicated or granted under this Act. (2) The land so surrendered may be disposed of by the Corporation under this Act. (3) The Corporation may agree to cancel any contract of sale of land from the Corporation at the request of the purchaser of the land. (4) The Corporation may, if it thinks fit, pay to the person surrendering any land leased, granted or dedicated under this Act, or to the purchaser of land on the cancellation of a contract of sale, such sum by way of compensation for any visible and effective improvements on the land, as to the Corporation seems fair. (5) An amount paid under subsection (4) must not exceed the value of the improvements at the date of the surrender or cancellation and must relate to costs that have not been defrayed or advanced by the Corporation. (6) The Corporation may also in its discretion repay to a purchaser on the cancellation of a contract of sale of land from the Corporation the whole or such proportion as it thinks fit of the purchase money of the land that has been paid by the purchaser under this Act. 20 Application of Public Works Act 1912 (cf Act No 62, 1976, s 11 (2) and (3)) (1) For the purposes of the Public Works Act 1912, any acquisition of land by the Corporation is taken to be for an authorised work and the 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. 21 Power to accept gifts (cf Act No 62, 1976, s 13) (1) The Corporation may acquire by gift, bequest or devise any property for any of the purposes of this Act and may agree to, and carry out the conditions of, the gift, bequest or devise. (2) The rule of law relating to remoteness of vesting does not apply to any condition of a gift, bequest or devise to which the Corporation has agreed. (3) Duty is not chargeable in respect of any gift, bequest or devise made to the Corporation. Division 2 Acquisition of land 22 Acquisition of land (cf Act No 62, 1976, s 11 (1)) (1) The Corporation may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. (2) Without limiting subsection (1), land may be acquired by the Corporation under subsection (1) for the purposes of the Crown Lands Homesites Program or any other policy or program of the Government relating to residential development (within the meaning of section 8). Any land so acquired may be transferred to any person or body responsible for administering the relevant program or policy. 23 Compulsory acquisition of land for failure to comply with certain requirements (cf Act No 7, 1912, s 41) (1) The Minister may compulsorily acquire in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 land on which a house has been erected by the Corporation for a purchaser if the purchaser does not execute a form of purchase agreement or mortgage approved by the Corporation on being required in writing by the Corporation to do so. (2) The Minister may compulsorily acquire in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 land on which a house has been erected by a person to whom an advance has been made under this Act for the erection of the house if the person does not execute a form of mortgage approved by the Corporation on being required in writing by the Corporation to do so. (3) The compensation to be assessed for the purposes of this section is only in respect of the interest of the purchaser or person to whom the advance was made, and any increased value to the land due to the expenditure of the Corporation, or of the advance made by it, is to be disregarded. Division 3 Contracts for sale of land 24 Conditions on sale of land vested in Corporation (cf Act No 62, 1976, s 14) (1) The Corporation may in any contract for the sale of land vested in the Corporation include conditions for or with respect to any or all of the following— (a) the erection of any building on that land by the purchaser within a specified period, (b) conferring on the Corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a), (c) conferring on the Corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or requiring the purchaser to pay to the Corporation a sum determined in a specified manner where the Corporation does not exercise that option or right, (d) the determination of the repurchase price payable by the Corporation under a condition referred to in paragraph (b) or (c). (2) Subsection (1) does not limit the conditions that may be included by the Corporation in any contract for the sale of land. (3) A condition referred to in subsection (1) that is included in a contract of sale does not merge in the transfer of title to the land the subject of the contract of sale on completion of the sale. (4) If the Corporation requests the Registrar-General in a manner approved by the Registrar-General and pays the fee prescribed under the Real Property Act 1900, the Registrar-General must make in the Register kept under that Act a recording appropriate to indicate— (a) that land specified in the request is held subject to a condition authorised under subsection (1), or (b) that a recording made in accordance with paragraph (a) has ceased to have effect. (5) The Corporation must not make such a request except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold. However, the Registrar-General need not be concerned to inquire whether any such request has been made for that purpose. (6) If a recording has been made in the Register in accordance with subsection (4) (a) in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of that land to or by a person other than the Corporation unless— (a) a recording in accordance with subsection (4) (b) has been made in respect of the land, or (b) the consent of the Corporation to the transfer has been endorsed on the transfer. 25 Imposition of conditions on sale of certain land (cf Act No 62, 1976, ss 14A–14C) (1) If the Corporation requests the Registrar-General in the manner approved by the Registrar-General and pays the fee prescribed under the Real Property Act 1900, the Registrar-General must make in the Register kept under that Act a recording appropriate to identify— (a) that land of which the Corporation is then the registered proprietor and that is specified in the request is, on a sale by the Corporation to a purchaser, to be held by the purchaser subject to— (i) conditions specified or referred to in the request, being all or any of the conditions referred to in section 24 (1), or (ii) the condition that the land may not be transferred, without a specified building or building of a specified class or description having been erected on the land, except with the consent of the Corporation, or (b) that a recording made in accordance with paragraph (a) has ceased to have effect. (2) If a recording has been made in the Register in accordance with subsection (1) (a) in respect of any land (being a recording that has not ceased to have effect) and the Corporation subsequently enters into a contract for the sale of the land, each condition to which the recording relates has effect as a condition of the contract for the sale of the land. (3) A condition referred to in subsection (1) does not merge in the transfer of title to the land on completion of a sale of the land by the Corporation. (4) If a recording has been made in the Register in accordance with subsection (1) (a) in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of the land to or by a person other than the Corporation unless— (a) a recording in accordance with subsection (1) (b) has been made in respect of the land, or (b) the consent of the Corporation to the transfer has been endorsed on the transfer. 26 Cancellation of agreement (cf Act No 7, 1912, s 42) If any contract for the sale of land from the Corporation is cancelled or forfeited for non-fulfilment of the conditions of the contract, the Corporation may, instead of any damages provided for in the contract, claim and recover for use and occupation an amount equivalent to 8.5 per cent per annum of the improved capital value of the property. 27 Possession to Corporation on cancellation of agreement (cf Act No 7, 1912, s 43) (1) If a purchaser under a contract of sale of land from the Corporation makes default in relation to any of the conditions of the contract, and the default continues for a period of 60 days or more— (a) the whole of the purchase money and other money owing under the contract becomes due and payable immediately, and (b) those amounts may be recovered by the Corporation with interest at the rate payable under the contract, and (c) the Corporation may, with or without giving notice, cancel the contract or enter into possession of the land described in the contract, and any house erected on that land, and receive the rents and profits of that land. (2) At any time after the cancellation of a contract under this section, or when the Corporation proposes to enter into possession of the land and house described in the contract and receive the rents and profits of the land, the Corporation may— (a) require the purchaser or occupant to deliver up possession of the land and house described in the contract, and (b) if the purchaser or occupant refuses to deliver possession, issue a warrant to the sheriff to deliver possession to the person specified in the warrant. (3) On the receipt of a warrant under this section the sheriff must execute the warrant and deliver possession of the house and land in accordance with the warrant. (4) The costs incurred in connection with the issue and execution of the warrant, to be determined by the Sheriff, are to be paid by the person refusing to give possession. (5) Any costs due to the Corporation under this section may be recovered by the Corporation as a debt in a court of competent jurisdiction. (6) The Corporation may, in its discretion, repay to a purchaser whose agreement has been cancelled under this section the whole or such proportion as it thinks fit of the purchase money of the house which has been paid by the purchaser under this Act. (7) If the Corporation has, without cancelling a contract of sale, entered into possession of the land and house described in the contract, it may remain in possession until such time as it indicates to the person entitled to the benefit of the contract its intention to vacate possession or until the terms and conditions of the contract have been fully completed and satisfied. Division 4 Construction of buildings 28 Construction of buildings by Corporation (cf Act No 7, 1912, s 7) The Corporation may erect on any land vested in or acquired by the Corporation buildings for residential, business, or other purposes, or for public use, and has the duty of maintaining and repairing them for so long as the Corporation has control over the land. 29 Building materials (cf Act No 7, 1912, s 7A) The Corporation may manufacture or produce for, or purchase from or supply to, any person building materials, fittings or appliances on such terms and conditions as the Corporation may from time to time determine. 30 Temporary buildings (cf Act No 7, 1912, s 7B) The Corporation may construct buildings for emergency housing accommodation and, on such terms and conditions as it considers reasonable, may sell or hire any such building to any person legally possessed of land. 31 Construction of other buildings (cf Act No 7, 1912, s 18) (1) This section applies to a request from— (a) any Minister of the State of New South Wales or any Minister of State of the Commonwealth, or (b) any Public Service agency or any Department of State of the Commonwealth, or (c) any statutory body representing the Crown and incorporated under any Act of New South Wales or the Commonwealth, or both. (2) The Corporation may, on receiving a request to do so and at the cost of and on such terms as may be agreed on by the Minister, agency or statutory body making the request, construct buildings and carry out works— (a) on land vested in the Minister, agency or statutory body, or (b) on land otherwise lawfully available to the Minister, agency or statutory body for the construction of the buildings or the carrying out of the works. (3) The Corporation may exercise the powers conferred on it under this section even if the cost of the buildings constructed or the works carried out by it is not met directly out of funds of the Minister, agency or statutory body making the request so long as an arrangement has been made with the Treasurer by the Minister, agency or statutory body for the payment of that cost to the Housing Account. (4) In this section— buildings means buildings intended for use for any purpose. works includes road, drainage, and site developmental works and any other incidental works. Division 5 Change in management of land 32 Management of land purchased or compulsorily acquired otherwise than under this Act (cf Act No 7, 1912, s 17) (1) The Governor may, by notification published in the Gazette, impose on the Corporation the duty of managing any land— (a) that has been purchased or compulsorily acquired on behalf of the Crown otherwise than under this Act, and (b) that is not by statute or other authority placed in the charge of any other officer or public body. (2) The Governor may revoke or alter any such notification by further notification published in the Gazette. (3) For the purpose of managing land under this section, the Corporation has, exclusively, the powers of a Constructing Authority under Division 7 of Part 6 of the Public Works Act 1912. (4) Money received by the Corporation in respect of land managed by it under this section is to be paid into the Treasury into such account as the Treasurer may direct. (5) The expenditure of the Corporation in relation to land managed by it under this section is to be met from money appropriated by Parliament for that purpose. 33 Withdrawal of land from Corporation (cf Act No 7, 1912, s 18B) (1) The Governor may by proclamation withdraw from the Corporation any land vested in the Corporation under this Act. (2) On publication of the proclamation in the Gazette the land specified in the proclamation ceases to be vested in the Corporation and is taken to be reserved Crown land within the meaning of the Crown Land Management Act 2016. (3) On any land so withdrawn being subsequently sold, leased or otherwise disposed of, subsections (4) and (5) apply. (4) If the land is land that was not Crown land and was compulsorily acquired or purchased for housing purposes, the proceeds of the sale or lease or other disposition, less the costs of collection and other necessary expenses, are to be paid to the Housing Account. (5) If the land is land that was Crown land and was compulsorily acquired for housing purposes, the proceeds of the sale, lease or other disposition are to be applied as follows— (a) the costs of collection and other necessary expenses are to be paid first, (b) of the balance, the amount which represents the value of the land at the date of the acquisition is to be credited to such accounts as it would be credited to if the amount were received in the ordinary course of the alienation of Crown land, (c) of the balance remaining, the Housing Account is to be credited with the amount (if any) expended from that account in respect of the acquisition and any works for the improvement of the land, (d) if there is any balance remaining, the surplus is to be divided equally, and one-half credited to the Housing Account and the other half credited as specified in paragraph (b). 34 Dedication of land by Corporation for public purposes (cf Act No 62, 1976, s 15) (1) The Corporation may, by order published in the Gazette, declare that it proposes to surrender land that is vested in the Corporation and described or referred to in the order to be dedicated under the Crown Land Management Act 2016 for any public purpose specified in the order. (2) On the surrender of land described or referred to in an order under this section, the land is taken to be Crown land dedicated under the Crown Land Management Act 2016 for the public purpose specified in the order. (3) Without limiting the power conferred under subsection (1), the Corporation may, by notification published in the Gazette, dedicate as a public reserve or drainage reserve land that is vested in the Corporation and described or referred to in the notification and that is situated in an area within the meaning of the Local Government Act 1993. (4) On the publication in the Gazette of a notification referred to in subsection (3), the land described or referred to in the notification vests in the council of the area in which the land is situated and is subject to the provisions of the Local Government Act 1993 relating to public reserves or drainage reserves, as the case may be. 35 Exercise of council's powers by Corporation (cf Act No 62, 1976, s 19) (1) The Minister administering the Local Government Act 1993 may, by order published in the Gazette— (a) transfer to the Corporation such of the functions conferred on a council by or under that Act as are specified or described in the order, and (b) specify or describe any land vested in the Corporation in or, in relation to which, any transferred function is to be exercised by the Corporation. (2) An order under this section operates so as to transfer to the Corporation, in accordance with the terms of the order, the functions referred to in the order. (3) Without affecting the generality of subsection (2), a function conferred on the Corporation by an order under this section is to be exercised by the Corporation only in or in relation to land vested in the Corporation and specified or described in the order. (4) The provisions of the Local Government Act 1993 apply— (a) subject to paragraph (b) with such adaptations as are necessary, or (b) with such adaptations as are specified in the order, to and in relation to the exercise of functions specified or described in an order under this section as if the Corporation were a council and the land in respect of which those functions may be exercised formed part of that council's area. (5) A function conferred on the Corporation by an order under this section is, to the extent specified in the order, taken to be transferred from the council specified in the order, and, to that extent, the council ceases to have that function or to be under any obligation in relation to that function. Division 6 Functions of Minister in relation to land and property 35A Exercise of functions The Minister must not exercise a function under, or conferred by, this division unless for a purpose that is consistent with the objects of this Act. 35B Dealing with property The Minister may purchase, exchange, take on lease, hold, dispose of and otherwise deal with property. 35C Acquisition of land (1) The Minister may, for the purposes of this Act, acquire land, including an interest in land, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. (2) For the purposes of the Public Works and Procurement Act 1912, an acquisition of land by the Minister is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority. (3) The Public Works and Procurement Act 1912, sections 34, 35, 36 and 37 do not apply to works constructed under this Act. 35D Power to accept gifts (1) The Minister may acquire by gift, bequest or devise any property for any of the purposes of this Act and may agree to, and carry out the conditions of, the gift, bequest or devise. (2) The rule of law relating to remoteness of vesting does not apply to a condition of a gift, bequest or devise to which the Minister has agreed. 35E Surrender of land (1) The Minister may accept a surrender of land leased, dedicated or granted under this Act. (2) For this section— (a) section 19(2)–(6) is taken to apply to the Minister in relation to the acceptance of a surrender of land under this section, and (b) references to the Corporation in section 19(2)–(6) are to be read as references to the Minister. 35F Functions of Corporation apply to Minister (1) The Minister has the same functions as the Corporation has under relevant legislation. (2) For this section, the provisions of relevant legislation extend to the Minister as if references in the provisions to the Corporation, however described, include references to the Minister. (3) To avoid doubt, sections 69, 69A, 69C, 72B, 73 and 74(2) extend to the Minister as if a reference in the provision to the Corporation includes a reference to the Minister. (4) Despite subsections (1)–(3), the following provisions do not extend to the Minister merely by operation of the other provisions of this section— (a) section 63, (b) section 66, (c) other provisions of relevant legislation prescribed by the regulations. (5) This section does not limit other functions of the Minister under this division. (6) In this section— relevant legislation means Acts, regulations or other subordinate instruments relating to the Corporation, including the following— (a) this Act, (b) the Environmental Planning and Assessment Act 1979, (c) the Residential Tenancies Act 2010. 35G Transfer of land and other assets, rights and liabilities (1) The Minister may, by written order, transfer— (a) the assets, rights and liabilities of a government agency to the Minister as specified in the order, or (b) the assets, rights and liabilities of the Minister to a government agency as specified in the order. (2) The Minister must not make the order unless the government agency, not including a government agency the Minister is responsible for, consents to the transfer. (3) Schedule 2A applies to a transfer of assets, rights or liabilities by order under this section. (4) In this section— assets— (a) 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, and (b) includes money, securities, choses in action and documents. government agency means the following— (a) a Minister, other than the Minister administering this Act, (b) a Public Service agency within the meaning of the Government Sector Employment Act 2013, (c) a NSW government agency or statutory corporation, (d) a State owned corporation. liabilities means any liabilities, debts or obligations, whether present or future, whether vested or contingent and whether personal or assignable. rights means any rights, powers, privileges or immunities, whether present or future, whether vested or contingent and whether personal or assignable. 35H Minister to report to Parliament (1) The Minister must, for each 12–month period commencing 1 July, prepare a statement to Parliament about the Minister's activities to support housing development and achieve housing targets in New South Wales. (2) The statement must include all of the following— (a) details about the activities carried out by the Minister in the exercise of the Minister's functions under, or conferred by, this Act during the period, (b) details about other related, or relevant, activities carried out by the Minister in the exercise of the Minister's functions under, or conferred by, this Act during the period, (c) a report about progress in implementing Government policies and plans relevant to housing development and targets, (d) an assessment of the Minister's activities in supporting the implementation of the Government policies and plans relevant to housing development and targets. (3) The Minister must ensure a copy of the statement is tabled in each House of Parliament no later than 12 months after the last statement was tabled. (4) The Minister must ensure the statement is made publicly available on a NSW Government website no later than 7 days after being tabled in Parliament. Part 5 Housing areas 36 Declaration of housing areas (cf Act No 7, 1912, s 4D) (1) The Minister may recommend to the Governor that any area should be constituted a housing area and any such recommendation must be accompanied by a plan indicating the area proposed to be constituted a housing area. (2) If the Minister has made a recommendation with respect to any area, the Governor may by notification published in the Gazette and in a newspaper circulating in the area concerned declare the area to be a housing area and on the publication of the notification in the Gazette the area is constituted a housing area. (3) The Governor may revoke any such notification on a similar recommendation and in a similar manner. (4) The Corporation must cause a plan of the housing area to be lodged with— (a) the Registrar-General, and (b) the Valuer-General, and (c) the council of the area within which the housing area is situated. 37 Consequences of declaration of housing areas (cf Act No 7, 1912, s 4D) (1) During any period within which any notification is in force in respect of any housing area under this Part, the owner of, and any other person having an interest in, the land within the housing area must not, without the consent of the Corporation— (a) construct, build, place, reconstruct, rebuild, demolish, damage, replace or repair any building or work or part of a building or work on the land, or (b) sell the land or any part of the land or any interest in the land, or (c) lease the land or any part of the land for a term exceeding one year. Maximum penalty—10 penalty units. (2) On the acquisition for the purposes of this Act of any land within a housing area, no compensation is payable in respect of any improvements made in contravention of subsection (1). (3) If any transaction is entered into in contravention of subsection (1) (b) or (c), the transaction is not invalid, and the rights, powers and remedies of any person under the transaction are the same as if this section had not been enacted. Part 6 Advances for houses, other buildings and land Division 1 Advances for houses to individuals 38 Definition A reference in this Division to land owned by a person is a reference to land held in fee simple by the person or held by the person under the Crown Land Management Act 2016. 39 Making of applications (1) Any person may make an application to the Corporation under this Division. (2) An application must be in a form approved by the Corporation. 40 Corporation may assist in obtaining a house (cf Act No 7, 1912, s 24) (1) The Corporation may advance money to a person or on the person's behalf to enable the person to erect a house on land owned by the person. (2) The Corporation may erect a house for a person on land owned by the person. (3) The Corporation may advance money to a person or on a person's behalf to enable the person to purchase a house. 41 Determination of applications (cf Act No 7, 1912, s 25) (1) The Corporation may grant an application under this Division unconditionally or subject to such conditions as it thinks fit, or it may refuse the application. (2) However, the Corporation must not grant an application unless the applicant— (a) satisfies the Corporation that the house is for the applicant's use or for the use of a member of the applicant's family, and (b) satisfies such other requirements as to eligibility as may from time to time be determined by the Corporation and approved by the Minister. (3) If the application is for the erection of a house by the Corporation on land— (a) owned by the applicant, and (b) subject to a mortgage or charge securing money owing by the applicant or in respect of which there is money owing to the Crown, the amount required to discharge that mortgage or charge or that debt to the Crown may be added to the amount to be expended by the Corporation in the erection of the house. (4) The Corporation may determine from time to time a limit on the amount that may be added to the amount to be expended as referred to in subsection (3) and the amount that may be so added must not exceed that limit. (5) The repayment of any amount that is added under subsection (4) to an amount to be expended is to be provided for in the security given by the applicant under section 46. 42 Agreement to be entered into (cf Act No 7, 1912, s 27) A person who makes an application for the Corporation to take action under section 40 (1) or (2) must, if the application is granted, enter into such agreement as may be required by the Corporation and pay the fee (if any) prescribed by the regulations. 43 Advice to be obtained in relation to purchase of house (cf Act No 7, 1912, s 28) (1) Before an application for the Corporation to take action under section 40 (3) is granted, the Corporation must, after taking expert advice, determine the value of the property proposed to be purchased. (2) The amount to be advanced by the Corporation must not exceed the value so determined or the purchase price, whichever is less. 44 Where money advanced not applied to proper purpose (cf Act No 7, 1912, s 29) (1) If at any time, in the opinion of the Corporation, any money advanced under this Division has not been applied to the purpose for which it was advanced, or has not been carefully and economically expended, the Corporation— (a) may refuse to pay any further instalments of the proposed advance, and (b) may at once call in the whole amount already advanced, together with costs and expenses incurred in connection with the advance. (2) Any amount referred to in subsection (1) (b) must immediately be repaid by the person to whom the advance in question was made. 45 Periods for repayment (cf Act No 7, 1912, s 30) (1) The regulations may make provision for or with respect to the maximum periods for repayment by instalments of advances and money expended by the Corporation under this Division. (2) Without limiting the generality of subsection (1), the regulations may prescribe different periods of time in respect of different buildings having regard to the materials of which they are constructed. 46 Security for advance (cf Act No 7, 1912, s 31) (1) A person to whom money is advanced by the Corporation under this Division or in respect of whom money is expended by the Corporation under this Division must give security to the satisfaction of the Corporation. (2) If any money advanced or expended under this Division is secured by a mortgage of land, the mortgage must— (a) contain covenants for keeping the mortgaged premises in repair and insured in the name of the Corporation, and (b) be registered in the Land Titles Office. 47 Conditions annexed to land while subject to mortgage (cf Act No 7, 1912, s 33) The following conditions apply in respect of land subject to any mortgage under this Division— (a) the land, and any part of the land, must not be transferred, assigned, or let without the previous consent in writing of the Corporation, (b) any transfer, assignment, or letting of the land, or any part of the land, in contravention of this section, is void, and the Corporation may cause the estate of the owner in the land to be sold, (c) if the owner of the land becomes bankrupt, the Corporation may cause the owner's estate in the land to be sold. 48 Application for foreclosure (cf Act No 7, 1912, s 34) (1) This section applies to land that is not under the provisions of the Real Property Act 1900. (2) If any amount of principal or interest due in respect of any advance made or money expended by the Corporation under this Division on the security by mortgage of land is unpaid for a period of three months after the due date, the Corporation may make an application to the Registrar-General in writing for an order for foreclosure. (3) An application under this section may be made instead of taking proceedings in any court. (4) An application under this section must state that— (a) the default has been made in the circumstances referred to in subsection (2), and (b) the land, estate or interest mortgaged has been offered for sale by public auction by a licensed auctioneer, and (c) the amount of the highest bid at the sale was not sufficient to satisfy the amount due, together with the expenses incurred by the Corporation in connection with the sale, and (d) notice in writing of the intention of the Corporation to make the application has been given to the mortgagor or other person entitled to the equity of redemption. (5) An application under this section must be accompanied by a certificate of the auctioneer by whom the land was put up for sale or of some person present when the land was put up for sale and such other proof of the matters stated in the application as the Registrar-General requires. (6) The statements made in an application under this section must be verified by statutory declaration. (7) The Registrar-General may, at the expense of the Corporation, cause notice to be published once in the Gazette and once in each of the three succeeding weeks, in at least one newspaper circulating in the district in which the mortgaged land is situated, offering the land for sale. (8) The notice must specify a time (not less than one month from the date of the publication of the notice in the Gazette) on or after which the Registrar-General may issue to the Corporation an order for foreclosure unless in the interval a sufficient amount has been realised by the sale of the land to satisfy the principal and interest due and all the expenses incurred by the taking of action under this section or connected with the sale. (9) An order for foreclosure under this section, on registration under the Conveyancing Act 1919, has the effect of barring all right and equity of redemption in the land concerned on the part of the mortgagor or of any person claiming through or under the mortgagor. 49 Sale of land on default of mortgagor (cf Act No 7, 1912, s 35) If land is sold by the Corporation under this Division, the land is freed from any charge in respect of money owed under a mortgage in favour of the Corporation or any restriction imposed by this Act. 50 Building relief to owner of land (cf Act No 7, 1912, s 39A) The Corporation may, at its discretion, make advances on such securities and at such rates of interest and subject to such covenants, conditions and provisions as it thinks fit to impose for the purpose of enabling any person who owns land to alter, extend, paint, repair, renovate or improve buildings on that land, or to carry out other improvements on that land. Division 2 Advances for public buildings and to councils, societies, associations and clubs for houses and other buildings 51 Corporation may assist councils to erect houses (cf Act No 7, 1912, s 39) The Corporation may, subject to and for the purposes of this Act and subject to the provisions of the Local Government Act 1993, assist councils to erect houses by making grants or loans to those councils on such terms and conditions as to rate of interest and repayment or otherwise, and on such security, as the Corporation thinks fit. 52 Power to assist building societies by loans (cf Act No 7, 1912, s 38) The Corporation may, subject to and for the purposes of this Act, assist any building society, whose objects include the erection or provision of houses for its members, by making grants or loans to the society, or subscribing for any share or loan capital of the society, on such terms and conditions as to rate of interest and repayment or otherwise, and on such security, as the Corporation thinks fit. 53 Building relief (cf Act No 7, 1912, s 39A) The Corporation may, at its discretion, make advances on such securities and at such rates of interest and subject to such covenants, conditions and provisions as it thinks fit to impose for the purpose of enabling— (a) any building of a public or civic character or any public recreation ground to be constructed, erected, renovated, repaired or extended, or (b) any pastoral, agricultural or horticultural association, club, progress association or friendly society to extend, paint, repair or renovate buildings. Part 7 Rental rebate 54 Application of Part This Part applies to tenants— (a) who are renting public housing, or (b) who are renting housing leased in accordance with the HomeFund Restructuring Act 1993 or that is substituted for housing leased in accordance with that Act, or (c) who belong to such class or classes of tenant as may be prescribed by the regulations. 55 Application for rental rebate A tenant to whom this Part applies may make an application to the Corporation in a form approved by the Corporation for a weekly rebate of rental. 56 Grant of rental rebate (1) The Corporation may, after making an investigation under section 58, grant to an applicant a weekly rebate of rental. (2) The amount of rebate is to be determined by the Corporation in accordance with guidelines approved by the Minister. 57 Cancellation or variation of rental rebate (1) The Corporation may, after conducting an investigation under section 58, vary or cancel any rental rebate granted under this Part. (2) The Corporation is to determine the date (being a date occurring before, on or after the making of the determination) on which the variation or cancellation has effect or is taken to have effect. (3) The Corporation is to give notice in writing to a tenant of any decision to vary or cancel any rental rebate being received by the tenant and is to include in the notice the date on which the variation or cancellation takes effect or is taken to have effect. (4) If the Corporation reduces or cancels a tenant's rental rebate under this Part with effect from a preceding date, the Corporation may, by notice in writing to the tenant, require the tenant to pay to the Corporation— (a) an amount equal to any rental rebate or part of a rental rebate received by the tenant on or after the date that the variation or cancellation took effect to which, because of the variation or cancellation, the tenant was not entitled, and (b) interest (at the rate prescribed under section 101 of the Civil Procedure Act 2005 in respect of unpaid judgments) on any outstanding amount under paragraph (a) from a date specified in the notice, being a date not earlier than the date on which the notice is issued to the tenant. (5) Any amount (together with interest) referred to in subsection (4) that is unpaid may be recovered by the Corporation as a debt in any court of competent jurisdiction. 58 Investigation of application (1) The Corporation may make an investigation to determine the weekly income of— (a) a person who is an applicant for, or a recipient of, a rental rebate under this Part, and (b) any other resident of the house in which that person resides. (2) The Corporation may require a person who is an applicant for, or a recipient of, a rental rebate under this Part to produce such evidence as the Corporation thinks fit of the person's weekly income and of the weekly income of any other resident of the house in which that person resides. Part 7A Housing of registrable persons 58A Definitions In this Part— approved community housing provider means a registered community housing provider approved by the Minister for the purposes of this Part. registrable person has the meaning that it has in the Child Protection (Offenders Registration) Act 2000, and includes a corresponding registrable person within the meaning of that Act. relevant authority means— (a) in the case of a tenant renting public housing—the Secretary, or (b) in the case of a tenant renting housing subject to a concurrent lease to an approved community housing provider—the approved community housing provider. termination of a lease includes the termination of any right of a tenant to hold over (however arising) after the expiry of the period of the lease. 58B Termination of lease of registrable person in certain circumstances (1) The Secretary may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting public housing and who is a registrable person. (1A) An approved community housing provider may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting housing subject to a concurrent lease to the approved community housing provider and who is a registrable person. (1B) An approved community housing provider may make an order under this section only with the approval of the Secretary. (2) The Commissioner of Police may make a recommendation under this section only if the Commissioner considers that the presence of the tenant at the housing places any neighbours in the locality or the tenant at risk of being physically harmed or injured. (3) On termination of the lease, the tenant must vacate the housing the subject of the lease. (4) An order under this section terminating a lease operates— (a) to give the New South Wales Land and Housing Corporation or the approved community housing provider (as the case requires) an immediate right to exclusive possession of the premises concerned, and (b) to authorise any police officer, using such force as is reasonably necessary, to enter the premises concerned and take such steps as are reasonably necessary in order to give the Corporation or the approved community housing provider (as the case requires) possession of the premises. (5) This section extends to a lease entered into before the commencement of this Part. 58C Provision of alternative housing (1) On termination of a lease under this Part, the relevant authority must ensure alternative housing (whether or not public housing or housing subject to a concurrent lease) is made available to the tenant. (2) The relevant authority is required to ensure that alternative housing continues to be made available to the registrable person for so long as the person would have been a tenant