Sydney Olympic Park Authority Act 2001 (NSW)

Sydney Olympic Park Authority Act 2001 No 57 An Act to constitute the Sydney Olympic Park Authority and to specify its functions; to amend certain Acts and instruments consequentially; to repeal the Homebush Bay Operations Act 1999 and the Bicentennial Park Trust Act 1987; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Sydney Olympic Park Authority Act 2001. 2 Commencement This Act commences on 1 July 2001. 3 Objects The objects of this Act are to make all reasonable attempts to— (a) ensure that Sydney Olympic Park becomes an active and vibrant centre within metropolitan Sydney, and (b) ensure that Sydney Olympic Park becomes a premium destination for cultural, entertainment, recreation and sporting events, and (c) ensure that any new development carried out under or in accordance with this Act accords with best practice accessibility standards and environmental and town planning standards, and (d) ensure the protection and enhancement of the natural heritage of the Millennium Parklands. 4 Definitions (1) In this Act— Authority means the Sydney Olympic Park Authority constituted by this Act. Bicentennial Park Trust means the Bicentennial Park Trust constituted by the Bicentennial Park Trust Act 1987. Chief Executive means the Chief Executive of the Office of Sport. Environmental Guidelines means the Environmental Guidelines for Sydney Olympic Park prepared by the Sydney Olympic Park Authority and dated February 2008, as amended from time to time under this Act. exercise a function includes perform a duty. function includes a power, authority or duty. Millennium Parklands means the land described in Schedule 3. Minister for Planning means the Minister administering the Environmental Planning and Assessment Act 1979. OCA means the Olympic Co-ordination Authority constituted by the Olympic Co-ordination Authority Act 1995. private road means— (a) a road within Sydney Olympic Park that is subject to a lease to the Royal Agricultural Society of New South Wales, or part of such a road, or (b) a road (not being a public road within the meaning of the Roads Act 1993) that is prescribed by the regulations, or part of such a road. ranger means a person appointed as a ranger under section 65 (1). road means— (a) a road within the meaning of section 4 (1) of the Road Transport Act 2013, or part of such a road, and (b) a road related area within the meaning of section 4 (1) of the Road Transport Act 2013, or part of such a road related area. Silverwater Nature Reserve (or Newington Nature Reserve) means the lands dedicated as Silverwater Nature Reserve for the purposes of the National Parks and Wildlife Act 1974 by proclamation published in Government Gazette No 121 of 15 September 2000 at page 10588, and any modification to those lands, or the boundaries of those lands, proclaimed from time to time under the National Parks and Wildlife Act 1974. Sydney Olympic Park means the land described in Schedule 1. Sydney Olympic Park Development Area means the land described in Schedule 2. TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. Part 2 Constitution of Authority 5 Constitution of Authority (1) There is constituted by this Act a corporation with the corporate name of the Sydney Olympic Park Authority. (2) The Authority may also be called SOPA and the use of that name has the same effect for all purposes as the use of its corporate name. 6 Status of Authority The Authority is, for the purposes of any Act, a statutory body representing the Crown. Part 3 Vesting of land 7 Vesting of Sydney Olympic Park The lands comprising Sydney Olympic Park are vested in the Authority for an estate in fee simple, subject to this Part. 8 Vesting of certain roads (1) Roads vested in Authority Without limiting section 7, the roads and lands shown coloured brown on the map marked "Sydney Olympic Park Authority, Sydney Olympic Park Road Transfers, Drawing number HS-P-P-1082" dated 29 May 2001, deposited in the office of the Authority, are vested in the Authority for an estate in fee simple. (2) Roads vested in Auburn Council The roads and lands shown coloured green on the map marked "Sydney Olympic Park Authority, Sydney Olympic Park Road Transfers, Drawing number HS-P-P-1082" dated 29 May 2001, deposited in the office of the Authority, are vested in the Auburn Council for an estate in fee simple. (3) Road status not affected This section does not cause a road to cease to be a road. 9 Silverwater Nature Reserve Silverwater Nature Reserve is not vested in the Authority. 10 Nature of vesting (1) Lands vested in the Authority by this Part are vested subject to any trusts, obligations, estates, interests, charges and rates existing in respect of them immediately before the lands were vested in the Authority, except as provided by this Act. (2) This Part does not operate to vest in the Authority any pipeline or cable, or any apparatus used in connection with any pipeline or cable, that— (a) was situated on or in any part of the principal trust lands within the meaning of the Bicentennial Park Trust Act 1987 immediately before they were vested in the Authority, and (b) was laid or constructed by or on behalf of the Australian Gas Light Company, the Electricity Commission of New South Wales, the Metropolitan Water Sewerage and Drainage Board, the Sydney County Council or C.S.R. Chemicals Limited. (3) However, the encumbrances that are highlighted in orange in the list of encumbrances specified on the map marked "Sydney Olympic Park Authority, Redundant Encumbrances, Drawing number HS-J-L-007" dated 29 May 2001, deposited in the office of the Authority, are extinguished by this section. 11 Preservation of rights under existing agreements Except to the extent otherwise provided by this Act or the regulations, the rights of any person under an agreement entered into with OCA that is in force immediately before 1 July 2001 are not affected by this Act. 12 No compensation payable No compensation is payable to any person as a consequence of the operation of this Part. Part 4 Functions of Authority Division 1 Principal functions 13 Functions—generally (1) The Authority has the following functions— (a) to promote, co-ordinate and manage the orderly and economic development and use of Sydney Olympic Park, including the provision and management of infrastructure, (b) to promote, co-ordinate, organise, manage, undertake, secure, provide and conduct cultural, sporting, educational, commercial, residential, tourist, recreational, entertainment and transport activities and facilities (including the Sydney Olympic Park Sports Centre), (c) to protect and enhance the natural and cultural heritage of Sydney Olympic Park, particularly the Millennium Parklands, (d) to provide, operate and maintain public transport facilities within Sydney Olympic Park, (e) to liaise with and maintain arrangements with Olympic organisations, such as the International Olympic Committee and the Australian Olympic Committee Incorporated. (2) (Repealed) 14 Other functions (1) The Authority has such other functions as are conferred or imposed on it by or under this or any other Act. (2) The Authority may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions. 15 Exercise of functions—principles of ecologically sustainable development In carrying out any of its functions, the Authority is to take into consideration, where relevant, the principles of ecologically sustainable development within the meaning of the Local Government Act 1993. 16 Land on which Authority's functions may be exercised The Authority, with the consent of the Minister, may exercise its functions (other than its functions under Divisions 2–5) on or in relation to land outside Sydney Olympic Park. Division 2 Local government and environmental planning functions 17 Interpretation: Division 2 (1) For the purposes of this Division, development is carried out by the Authority if the development is carried out by, for or on behalf of the Authority. (2) Words and expressions used in the Environmental Planning and Assessment Act 1979 and in this Division have the same meanings in this Division as they have in that Act. (3) Subsection (2) does not apply to the extent that the context or subject-matter otherwise indicates or requires. 18 Master plan (1) For the purpose of assisting it in the exercise of its functions under this Act, the Authority is to prepare and maintain a master plan for Sydney Olympic Park. (2) The master plan may make provision for or with respect to the following— (a) the development and use of land and buildings, (b) the provision of public transport services, (c) the management of roads, (d) the protection, enhancement and use of waterfront areas, parklands and areas of natural vegetation, (e) the use and management of the public domain. (2A) Provisions of the master plan may apply to the whole or any part of Sydney Olympic Park. (3) The Authority, in preparing the master plan, must ensure that public notice of the draft plan is given in a newspaper circulating throughout the State. (4) The master plan has no effect unless it is approved by the Minister for Planning. The Minister may not approve the master plan unless it complies with the requirements of the environmental planning instrument referred to in subsection (7). (5) The Minister for Planning must not approve the master plan, or any amendment of the master plan, unless that Minister has considered whether the master plan or the amendment is consistent with the Environmental Guidelines. (6) The master plan for Sydney Olympic Park must be consistent with the plan of management for the Millennium Parklands under Division 3 of this Part. (7) An environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979) or the regulations made under that Act, or both, must make provision for or with respect to the application and effect of the master plan and public exhibition requirements for the master plan. 19 Authority's functions as a local government council (1) The Authority, in relation to Sydney Olympic Park, has and may exercise to any necessary extent the functions of a council (within the meaning of the Local Government Act 1993) under— (a) sections 24, 25, 26 and 46 of this Act, and (b) a provision of any other Act or a statutory instrument that is specified by the regulations, and, for the purpose of the exercise of those functions, Sydney Olympic Park may be taken to be an area (within the meaning of the Local Government Act 1993). (2) The regulations may specify a provision of any other Act or a statutory instrument as in force for the time being or as in force at a date specified by the regulations. (3) A function conferred on the Authority under this section is subject to such modifications (if any) as may be specified in the regulations. (4) If the Authority so determines, it may exercise a function conferred on it under this section to the exclusion of a council. (5) The Authority may revoke a determination under this section. (6) The Authority must notify the making or revocation of a determination under this section to any council affected by it. (7) Subsections (1) and (2) do not extend to a function the exercise of which is delegated to a council by TfNSW unless TfNSW consents to the exercise of the function by the Authority. 20 Development to be consistent with Environmental Guidelines Before carrying out any proposed development, the Authority is to consider whether the proposed development is consistent with the Environmental Guidelines. 21 Environmental planning instruments and development control plans The Authority may, at the request of the Secretary of the Department of Planning and Environment, provide resources or undertake work in relation to the preparation of environmental planning instruments and development control plans under the Environmental Planning and Assessment Act 1979. 22 Consent authority (1) The consent authority for any development carried out by any person on land within Sydney Olympic Park is the Minister for Planning. (2) In determining an application for consent to carry out development on land within Sydney Olympic Park, the Minister for Planning must consider the consistency of the proposed development with the Environmental Guidelines. 23 Contributions under sec 94 of EP and A Act The Minister for Planning may prepare and approve a contributions plan under Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 for use in relation to the determination of applications to carry out development for which the Minister is the consent authority under section 22. 24 Certification of development (1) A consent authority may delegate its functions under Part 4A of the Environmental Planning and Assessment Act 1979 in relation to Sydney Olympic Park to the Authority. (2) In the exercise of the functions delegated in accordance with this section, the Authority is taken to be a consent authority for the purposes of the Environmental Planning and Assessment Act 1979. 25 Powers of enforcement The Authority may exercise the functions of a council under the Environmental Planning and Assessment Act 1979, Part 9. 26 Subdivision legislation—subdivision approval by Authority (1) The functions of a council in relation to approvals for plans of subdivision under the Conveyancing Act 1919, the Strata Schemes Development Act 2015 or the Community Land Development Act 2021 may be exercised by the Authority in the case of development carried out by the Authority. (2) The approval of a council is not required for any plan that is approved by the Authority in the exercise of those functions. 27 Development of major sites not owned by Authority within Sydney Olympic Park Development Area A person cannot make a development application for consent to carry out development on land— (a) that is not owned by the Authority, and (b) that is within the Sydney Olympic Park Development Area, and (c) that— (i) has an area of not less than 10,000 square metres, or (ii) comprises or will result in development having not less than 20,000 square metres of built space, unless the person has first notified the Authority of the application in writing. Division 3 Millennium Parklands 28 Authority's objects concerning the Millennium Parklands The objects of the Authority in relation to the Millennium Parklands are as follows— (a) to maintain and improve the Millennium Parklands, (b) to encourage the use and enjoyment of the Millennium Parklands by the public by promoting and increasing the recreational, historical, scientific, educational and cultural value of the Millennium Parklands, (c) to maintain, in accordance with any relevant plan of management referred to in this Part and the regulations, the public's right to the use of the Millennium Parklands, (d) to ensure the protection of the environment within the Millennium Parklands, (e) in relation to the Newington Nature Reserve, to ensure the achievement of the purposes for which the nature reserve is deemed to be dedicated under section 49 (3) of the National Parks and Wildlife Act 1974, (f) such other objects, consistent with the functions of the Authority in relation to the Millennium Parklands, as the Authority considers appropriate. 29 Authority's functions concerning the Millennium Parklands The Authority has the following functions in relation to the Millennium Parklands— (a) to maintain the Millennium Parklands, (b) to permit the use of the whole or any part of the Millennium Parklands for activities of a recreational, historical, scientific, educational or cultural nature, (c) to exercise such other functions of the Authority as are necessary or convenient in order to give effect to any relevant plan of management referred to in this Part. 30 Newington (formerly Silverwater) Nature Reserve (1) This section applies to the Silverwater Nature Reserve dedicated by proclamation published in Government Gazette No 121 of 15 September 2000 at page 10588. (2) The name of the nature reserve is altered to Newington Nature Reserve. (3) Nothing in subsection (2) affects section 51 of the National Parks and Wildlife Act 1974. (4) Nothing in this Act affects the continuing application of the National Parks and Wildlife Act 1974, and the regulations under that Act, to the Newington Nature Reserve. (5) In order to assist the making of future additions of land to the Newington Nature Reserve, the Authority must manage the lands adjoining the Reserve in sympathy with the Reserve. 31 Prohibition against disposal or compulsory acquisition (1) The Authority must not sell, mortgage or otherwise dispose of the Millennium Parklands, or any part of the Millennium Parklands. (2) Despite any other Act, the Millennium Parklands, or any part of the Millennium Parklands, cannot be compulsorily acquired except by an Act of Parliament. (3) This section does not affect the operation of section 32. 32 Grant of leases, easements and licences (1) The Authority may, in accordance with the provisions of this section and with the approval of the Minister, grant— (a) leases of parts of the Millennium Parklands, and (b) easements through, on or in the Millennium Parklands, and (c) licences for use of parts of the Millennium Parklands. (2) A lease, licence or any other interest or estate in respect of the Millennium Parklands may be granted by the Authority— (a) for the provision of public utilities and works associated with or ancillary to public utilities, or (b) in accordance with an express authorisation in the plan of management for the Millennium Parklands and with such provisions of the plan of management as apply to the granting of the lease, licence or other interest or estate. (3) The plan of management is to specify the purpose for which any such lease, licence or other interest or estate is to be granted by tender only. (4) If the Authority proposes to grant a lease, licence or other interest or estate in respect of the Millennium Parklands, the Authority must— (a) give public notice of the proposal, and (b) exhibit notice of the proposal on the land to which the proposal relates, and (c) give notice of the proposal to such persons as appear to the Authority to own or occupy the land adjoining the land to which the proposal relates. (5) The notice of the proposal must include— (a) information sufficient to identify the land concerned, and (b) the purpose for which the land will be used under the proposed lease, licence or other interest or estate, and (c) the full term of the proposed lease, licence or other interest or estate, and (d) the name (if known) of the person to whom it is proposed to grant the lease, licence or other interest or estate, and (e) a statement that submissions in writing may be made with respect to the granting of the proposed lease, licence or other interest or estate within such period (of not less than 28 days) as is specified in the notice. (6) Any person may make a submission in writing on the proposal to the Authority during the period specified in the notice. (7) The Authority must, before granting the proposed lease, licence or other interest or estate, take into consideration all submissions duly made to it. (8) In addition to any other restrictions created by a lease granted under subsection (1), land that is the subject of any such lease cannot be sublet for a purpose other than a purpose for which the land is permitted to be used under the plan of management. (9) The Authority may, with the approval of the Minister, impose restrictions on the use of, or impose positive covenants on, the Millennium Parklands or other lands in accordance with sections 88D and 88E of the Conveyancing Act 1919. (10) A lease granted under subsection (1) (a) may not have a term that, together with the term of any further lease that may be granted pursuant to an option contained in the lease, exceeds 25 years. (11) Subsection (10) does not apply to a lease that— (a) grants to Cawbac Pty Limited (or any transferee, assignee or successor in title) the same estate or interest in the Millennium Parklands as it had under a lease of the same lands in force immediately before 1 January 1988, and (b) is for a term that, together with any further term available on the exercise of an option for a further lease, expires not later than 31 December 2009. (12) This section does not apply to the Newington (formerly Silverwater) Nature Reserve. (12A) Despite subsection (1), the Chief Executive, or a member of staff of the Authority designated in writing by the Chief Executive for the purposes of this subsection, may grant a licence referred to in subsection (1) (c) that is for a term of 5 years or less without having to obtain the Minister's approval for the grant. (13) In this section, easement includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919. 33 Precincts (1) The Authority may divide the Millennium Parklands into precincts. (2) The Authority may abolish one or more precincts or change the boundaries of a precinct. (3) The Authority may name or rename a precinct. 34 Preparation of plan of management (1) The Authority, in accordance with any directions of the Minister, must prepare or ensure the preparation of a plan of management for the Millennium Parklands. (2) The plan of management is to contain a detailed written scheme of the operations proposed to be undertaken in respect of the Millennium Parklands. (3) The plan of management may incorporate a plan of management prepared by the Chief Executive of the Office of Environment and Heritage under Part 5 (Plans of management) of the National Parks and Wildlife Act 1974 in relation to the Newington Nature Reserve. (4) Sections 36–36N of the Local Government Act 1993 (other than sections 36 (1) and (2), 36A (2), 36A (3) (d) and (5), 36B (3), (4) (d) and (6), 36C (2) and (5) and 36D (2), (3) (d) and (5) of that Act) apply to and in respect of the Millennium Parklands as if— (a) the Millennium Parklands were community land within the meaning of that Act, and (b) the Authority were a council within the meaning of that Act, and (c) section 36 (4) of that Act included "contaminated land" as a category. (5) A plan of management, and a report that includes a summary of public submissions and responses by the Authority, must be available for public inspection at, and purchase from, the office of the Authority during ordinary office hours. (6) The Authority must ensure that the plan of management includes, after consultation with the Chief Executive of the Office of Environment and Heritage, a proposal that land adjoining the Newington Nature Reserve is to be managed as a buffer to that reserve. 35 Adoption of plan of management (1) When the plan of management has been prepared, the Authority is to give public notice that the plan has been prepared and must, in the notice— (a) specify the address of the place at which copies of the plan may be inspected, and (b) specify the address to which representations in connection with the plan may be forwarded. (2) Any person may, within one month after public notice is given, or within such longer period as may be specified in the notice, make representations to the Authority concerning the plan of management. (3) The Authority must refer all representations to the Advisory Committee for Millennium Parklands established under section 62 for its consideration and advice. (4) The Authority is to submit the plan of management to the Minister together with any comments and suggested amendments of the Advisory Committee for Millennium Parklands and a report that includes a summary of public submissions and responses by the Authority. (5) The Minister may— (a) adopt the plan of management, without alteration or with such alterations as the Minister thinks fit, or (b) refer the plan of management back to the Authority for further consideration. (6) The Minister must not adopt the plan of management unless the Minister for the Environment has concurred in the adoption of the plan. (7) Once the plan of management is adopted, any member of the public is entitled to inspect, free of charge, at the office of the Authority during ordinary office hours— (a) a copy of the plan, and (b) a copy of a report on the public submissions, and the responses by the Authority, made in respect of the plan. (8) The Minister must not adopt the plan of management, or any amendment of a plan of management, unless the Minister has considered the consistency of the plan, or the amendment, with the Environmental Guidelines. 36 Amendment or cancellation of plan of management (1) The Authority may, in accordance with any directions of the Minister— (a) amend the plan of management from time to time, or (b) cancel the plan of management and substitute a new plan. (2) Sections 34 and 35 apply to an amendment of the plan of management or the substitution of the plan of management in the same way as they apply to the preparation or the adoption of the plan of management. (3) However, sections 34 and 35 do not apply to a plan of management made as referred to in section 34 (3) that is incorporated into the plan of management. 37 Carrying out of plan of management (1) The Authority is to carry out and give effect to a plan of management adopted by the Minister. (2) The Millennium Parklands must be used and managed in accordance with the plan of management. (3) Pending adoption of the plan, the nature and use of the Millennium Parklands cannot be changed. 37A Special provisions for Hill Road upgrade (1) This section applies to land shown edged heavy black on the Hill Road Upgrade Map in Schedule 5 (the Hill Road upgrade land). (2) Section 31 does not apply to the Hill Road upgrade land. (3) The Hill Road upgrade land ceases to be part of the Millennium Parklands if the land is sold, disposed of or compulsorily acquired. (4) A plan of management does not prevent works for the purposes of upgrading Hill Road and ancillary activities being carried out on the Hill Road upgrade land. Division 4 Roads and traffic management functions 38 Roads (1) A road within Sydney Olympic Park cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of the Authority. (2) Except as provided by subsection (1), this Division does not affect the application of the Roads Act 1993 or any other Act to a road within Sydney Olympic Park. 39 Roads for which Authority is roads authority The Authority is the roads authority under the Roads Act 1993 in relation to the public roads within Sydney Olympic Park that are vested in it. 40 Private roads A private road, or part of a private road, within Sydney Olympic Park cannot be— (a) provided, opened, closed or realigned, or (b) regulated in its use, or (c) used for a purpose other than a road, except with the consent of the Authority. 41 Traffic management plans (1) The Authority is to prepare a traffic management plan, or plans, for all roads within Sydney Olympic Park, including roads that are coloured mauve on the drawing marked "Sydney Olympic Park Authority, Sydney Olympic Park, Drawing Number HS-J-L-006" dated 29 May 2001 and deposited in the office of the Authority. (2) The Authority— (a) may control and regulate traffic in any manner and for any purpose, and (b) may temporarily close a road at any time and for any purpose, in accordance with a traffic management plan. (3) A traffic management plan may, with the consent of the owner or occupier of a private road, apply to a private road within Sydney Olympic Park in the same way as it applies to roads within Sydney Olympic Park that are not private roads, subject to subsection (4). (4) A traffic management plan cannot authorise the closure of a private road unless the owner or occupier of the private road has consented to the closure. Such a consent may be given generally or in a particular case or class of cases. (5) A traffic management plan is to be prepared in consultation with TfNSW and does not have effect unless and until TfNSW has consented in writing to the plan. (6) The consent of TfNSW under subsection (5) is taken to be a consent for the purposes of the Roads Act 1993 and the road transport legislation (within the meaning of the Road Transport Act 2013) in so far as the consent of TfNSW would, but for this subsection, be required under that Act or that legislation in relation to any matter dealt with in or arising under the traffic management plan. (7) The Authority may amend a traffic management plan from time to time. Subsection (5) applies to the amendment of a traffic management plan in the same way as it applies to a traffic management plan. (8) Nothing in this section affects the functions of the Authority as a roads authority under the Roads Act 1993. 42 Offences relating to road closures (1) If, under this Part, a road is closed to vehicles (whether or not it is also closed to pedestrians) by the use of a sign or barrier— (a) a person must not bring a vehicle onto the road contrary to the sign or by interfering with the barrier, except as permitted by a person authorised by the Authority or TfNSW, or a police officer, and (b) a person in charge of a vehicle situated on the road— (i) who is informed by a person authorised by the Authority or TfNSW, or a police officer, that the road is closed, and (ii) who is directed by such a person, or a police officer, to remove the vehicle from the road, must remove the vehicle from the road as soon as practicable after the direction is given. Maximum penalty—20 penalty units. (2) If, under this Part, a road is closed to pedestrians (whether or not it is also closed to vehicles) by use of a sign or barrier— (a) a person must not enter the road contrary to the sign or by interfering with the barrier, except as permitted by a person authorised by the Authority or TfNSW, or a police officer, or (b) a person on the road— (i) who is informed by a person authorised by the Authority or TfNSW, or a police officer, that the road is closed, and (ii) who is directed by such a person, or a police officer, to leave the road, must leave the road as soon as practicable after the direction is given. Maximum penalty—20 penalty units. (3) A person must not damage, remove or interfere with a sign