Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 (NSW)

New South Wales

Environmental Planning and

Assessment Amendment (Public

Authorities) Act 1996 No 45

Contents

Page

1 Name of Act	2
2 Commencement	2

3     Amendment of Environmental Planning and

Assessment Act 1979 No 203 2

Schedule 1	Amendments	3
New South Wales

Environmental Planning and
Assessment Amendment (Public

Authorities) Act 1996 No 45

Act No 45, 1996

An Act to amend the Environmental Planning and Assessment Act 1979 to make it clear that heads of government departments and certain other chief executive officers are public authorities for the purposes of that Act, to enable the delegation of functions by public authorities and to validate certain matters. [Assented to 28 June 1996]

Section 1 Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 No 45

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Environmental Planning and Assessment

Amendment (Public Authorities) Act 1996.

2 Commencement

This Act commences on a day to be appointed by proclamation.

3 Amendment of Environmental Planning and Assessment Act

1979 No 203

The Environmental Planning and Assessment Act 1979 is amended as set out in Schedule 1.

Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 No 45

Amendments	Schedule 1
Schedule 1	Amendments

(Section 3)

[ 1 ]       Section 4 Definitions

Omit “or the Director’’ wherever occurring in paragraph (b) of the definition of consent authority in section 4 (1).

[2]        Section 4 (1)

Omit the definition of public authority. Insert instead:

public authority means:

(a)	a public or local authority constituted by or under an Act, or
(b)	a government Department, or
(c)	a statutory body representing the Crown, or
(d)	a chief executive officer within the meaning of the Public Sector Management Act 1988 (including the Director), or
(e)	a statutory State owned corporation (and its subsidiaries) within the meaning of the State Owned Corporations Act 1989, or
(f)	a chief executive officer of a corporation or subsidiary referred to in paragraph (e), or
(g)	a person prescribed by the regulations for the purposes of this definition.

[3]        Section 4 (3A)

Insert after section 4 (3):

(3A) Where functions are conferred or imposed by or under this Act on a public authority, being a government Department or some other unincorporated group of persons, those functions may be exercised by a person who is authorised to exercise those functions on behalf

of the public authority.

Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 No 45

Schedule 1 Amendments

1. Section 153A

   Insert after section 153:

   153A Delegation by public authorities

(1)

A public authority (other than a council) may delegate any function conferred or imposed on the public authority by or under this Act (other than this power of delegation) to:

(a)	in the case of a public authority other than a chief executive officer-any officer or employee of the public authority, or
(b)	in the case of a chief executive officer-any officer or employee of the public authority of which the chief executive officer is the chief executive officer.

An officer or employee of a public authority (other than a council) may delegate any function conferred or

imposed on the officer or employee by or under this Act (other than this power of delegation) to any other officer or employee of the public authority. However, a function conferred or imposed on the firstmentioned officer or employee by delegation may not be subdelegated unless the subdelegation is authorised by the terms of the delegation.

(3)

A power conferred by this section is in addition to any other power of delegation of the public authority, officer or employee or any power of a person to exercise functions on behalf of a public authority.

1. Schedule 6 Savings, transitional and other provisions

   Insert at the end of clause 1 (1 ) of Part 1:

   Environmental Planning and Assessment Amendment
   (Public Authorities) Act 1996

   Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 No 45

Amendments Schedule 1

[6]        Schedule 6, Part 5

Insert at the end of Schedule 6:

Part 5 Environmental Planning and Assessment Amendment (Public Authorities) Act 1996

17 Validation of role of certain concurrence authorities

Anything done or omitted to be done before the commencement of the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996 that would have been valid if this Act, as amended by the Environmental Planning and Assessment Amendment (Public Authorities) Act 1996, had been in force when the thing was done or omitted to be done is validated.

[Minister’s second reading speech made in—

Legislative Assembly on 19 June 1996
Legislative Council on 26 June 1996]