Darling Harbour Authority (Amendment) Act 1988 (NSW)

DARLING HARBOUR AUTHORITY (AMENDMENT) ACT

1988 No. 55

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

1. C o-nmencement

3. Definitions

4.     Amendment of Darling Harbour Authority Act 1984 No. 103

5. Amendment of Darling Harbour Development Plan No. 1

6.     Va idation

7. Continuation of Paddy's Market
SCHEDULE 1—AMENDMENT OF THE PRINCIPAL ACT

SCHEDULE 2—AMENDMENT OF THE PRINCIPAL PLAN

DARLING HARBOUR AUTHORITY (AMENDMENT) ACT 1988

No. 55

NEW SOUTH WALES

Act No. 55, 1988

An Act to amend the Darling Harbour Authority Act 1984, and a development plan made under that Act, so as to facilitate the carrying out of certain development; and to validate certain matters. [Assented to 7 November 1988]

2   Act No. 55

Darling Harbour Authority (Amendment) 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Darling Harbour Authority (Amendment) Act 1988.

Commencement

1. This Act commences on the date of assent.

Definitions

3. In this Act—

"the Principal Act" means the Darling Harbour Authority Act 1984;

"the Principal Plan" means Darling Harbour Development Plan No. 1.

Amendment of Darling Harbour Authority Act 1984 No. 103

1. The Principal Act is amended as set out in Schedule 1.

Amendment of Darling Harbour Development Plan No. 1

5.     (1) The Principal Plan is amended as set out in Schedule 2.

(2) The Principal Plan, as amended by this Act, may be amended or repealed in accordance with section 31 (1) of the Principal Act as if the amendments made by this Act had been made by a development plan.

Validation
6. Anything done or omitted under the Principal Act or the Principal Plan before the date of assent to this Act, including, but without limiting the generality of the foregoing—

(a) the making of any development plan; and
(b) the issue of any permit; and

(c) the entering into of any contract or agreement; and

(d) the granting of any lease; and (e) the carrying out of any development,

that would have been valid, had this Act been in force when the thing was

done or omitted, is validated.

Continuation of Paddy's Market
The Darling Harbour Authority shall ensure that the development of the Development Area will be carried out in such a manner as to enable not less than 85 per cent of the number of stalls existing at the Paddy's Market site as at 25 January 1988 to be re-accommodated with minimal reduction in stall size, level with Hay Street throughout that site and with

7.

Darling Harbour Authority (Amendment) 1988

SCHEDULE 1—AMENDMENT OF THE PRINCIPAL ACT

(Sec. 4)

(1) Section 10A—

After section 10, insert:
Purposes for which development may be carried out by the

Authority

10A. The purposes for which the Authority may carry out

development on land within the Development Area are—

(a) the purposes authorised under this Part; and

(b) the purposes for which any other person may (with or without the necessity for a permit or any other consent, approval or permission) carry out development on the land under or in accordance with this or any other Act.

(2) Section 11 (Authority to promote development etc.)—

Omit "The Authority", insert instead "Without limiting the generality of section 10A, the Authority".

SCHEDULE 2—AMENDMENT OF THE PRINCIPAL PLAN

(Sec. 5)

(1) Clause 3 (Objects of plan)—

(a)	Clause 3(1)— Omit "to assist the Authority in".
(b)	Clause 3 (1) (a)— Omit "promoting", insert instead "to promote".
(c)	Clause 3(1) (b)— Omit "encouraging participation by other persons in", insert
instead "to encourage".
(d)	Clause 3 (1) (c)— Before "controlling", insert "to make provision with respect to".

(2) Clause 5 (Definitions)—

(a) Clause 5—
Insert, in alphabetical order, the following definitions:

"child care centre" has the same meaning as it has in the Environmental Planning and Assessment Model Provisions 1980;

4   Act No. 55

Darling Harbour Authority (Amendment) 1988

SCHEDULE 2—AMENDMENT OF THE PRINCIPAL PLAN—

continued

"recreation facility'"1 has the same meaning as it has in the Environmental Planning and Assessment Model Provisions 1980;

(b) Clause 5 (2)—
At the end of clause 5, insert:

(2) Such of the expressions used in Schedule 1 as are defined in the City of Sydney Planning Scheme Ordinance have the same meanings as they have in that Ordinance.

(3) Clause 6—

Omit the clause, insert instead:

Permit required for certain development

6. Development—

(a) for the purposes of tourist, educational, recreational, entertainment, cultural or commercial facilities;

(b) for the purposes of transport facilities;
(c) for the purposes of beautifying the landscape;

(d) for any purpose specified in Schedule 1; or

(e) for any purpose incidental or subsidiary to a purpose referred to in paragraph (a), (b), (c) or (d),

may not be carried out except with a permit being obtained
therefor.

(4) Schedule 1 —

Omit the Schedule, insert instead:

SCHEDULE 1—DEVELOPMENT THAT MAY BE CARRIED

OUT UNDER A PERMIT

(CI. 6)
Amusement parks; art galleries: child care centres; commercial

Darling Harbour Authority (Amendment) 1988

SCHEDULE 2—AMENDMENT OF THE PRINCIPAL PLAN—

continued

museums; parks and gardens; places of assembly; places of public worship; professional consulting rooms; public buildings; public utility undertakings; recording studios; recreation facilities; refreshment rooms; shops; theatre restaurants; utility installations.

[Minister's second reading speech made in—

Legislative Assembly on 21 September 1988

Legislative Council on 13 October 1988]