Growth Centres (Development Corporations) Amendment Act 1992 (NSW)
GROWTH CENTRES (DEVELOPMENT CORPORATIONS)
AMENDMENT ACT 1992 No. 9
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement3. Amendment of Growth Centres (Development Corporations) Act 1974 No. 49
4. Consequential amendment of other Acts
5. Repeal of Growth Centres (Land Acquisition) Act 1974 No. 1
6. Explanatory notes
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES DEVELOPMENT
CORPORATIONS) ACT 1974
SCHEDULE 2—CONSEQUENTIAL AMENDMENT OF OTHER ACTS
GROWTH CENTRES (DEVELOPMENT CORPORATIONS)
AMENDMENT ACT 1992 No. 9
NEW SOUTH WALES
Act No. 9, 1992
An Act to amend the Growth Centres (Development Corporations) Act 1974 to constitute a Ministerial Development Corporation, to dissolve the Bathurst-Orange and Macarthur Development Corporations and to provide for the transfer of the remaining assets and liabilities of those corporations to the Ministerial Development Corporation; to repeal the Growth Centres (Land Acquisition) Act 1974; and for other purposes. [Assented to 17 March 1992]
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
The Legislature of New South Wales enacts:
Short title
l . This Act may be cited as the Growth Centres (Development
Corporations) Amendment Act 1992.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Growth Centres (Development Corporations) Act
1974 No. 49
3. The Growth Centres (Development Corporations) Act 1974 is
amended as set out in Schedule 1.
Consequential amendment of other Acts
4. The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Repeal of Growth Centres (Land Acquisition) Act 1974 No. 1
5. The Growth Centres (Land Acquisition) Act 1974 is repealed.
Explanatory notes
6. Matter appearing under the heading “Explanatory note” in Schedule
1 does not form part of this Act.
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES
(DEVELOPMENT CORPORATIONS) ACT 1974
(Sec. 3)
(1) Section 3 (Definitions):
(a)
From section 3 (l), omit the definitions of “Authority”, “Director”, “General Manager”, “Macarthur Development Corporation” and “Macarthur Growth Area”.
(b)
From the definition of “corporation” in section 3 (l), omit “or the Macarthur Development Corporation”, insert instead “or the Ministerial Development Corporation”.
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SCHEDULE l-AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
(c) Insert, in section 3 (l), in alphabetical order:
“Managing Director” means the Managing Director of
the Property Services Group;
“Ministerial Development Corporation’’ means the Ministerial Development Corporation constituted by Part 3A;
(d)
At the end of the definition of “member” in section 3 (l), insert “, and includes the Managing Director”.
(e) Omit section 3 (2) (b).
Explanatory note
The amendments in item (1) are consequential on the dissolution of the Macarthur Development Corporation, the constitution of the new Ministerial Development Corporation and the removal of General Managers as members of development corporations.
Section 5 (Orders):
After section 5 (2), insert:
(2A) A development corporation may be constituted in respect of a growth area within any area (including, but not limited to, an urban area or a rural area).
Explanatory note
The amendment in item (2) makes it clear that the growth centre in respect of which a development corporation is constituted may be in an urban area as well as a rural area.
development corporation): Section 6 (Provisions relating to constitution and procedure of (a) Omit section 6 (1) (b), insert instead: (b) the Managing Director.
(b) After section 6 (l), insert:
(1A) The Managing Director is responsible, as the chief executive of a development corporation, for managing the affairs of the development corporation subject to and in accordance with any directions given to the Managing Director by the development corporation.
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE 1-AMENDMENT OF GROWTH CENTRES
(DEVELOPMENT CORPORATIONS) ACT 1974— continued
Explanatory note
The amendments in item (3) provide for the Managing Director of the Property Services Group to be an “ex officio” member of a development corporation and to manage the affairs of the development corporation. At present, a development corporation consists of not fewer than 4 persons appointed by the Governor and a full-time General Manager for each corporation.
(4) Section 8 (General powers of development corporation):
(a)
From section 8 ( l ) , omit “Subject to this Act”, insert instead “Subject to this Act, the Environmental Planning and Assessment Act 1979 and any other relevant Act”.
(b) Omit section 8 (1) (c) and (2).
| Explanatory. note |
| The amendments in item (4) make it clear that development corporations, when exercising their powers under the Act, are subject to the usual procedures relating to the carrying out of development as provided in relevant legislation (in particular, the Environmental Planning and Assessment Act 1979). |
(5) Sections 9 and 10:
Omit the sections, insert instead:
Power to acquire land etc.
9. (1) A development corporation may, for the purposes of
this Act, acquire land by agreement or by compulsoryprocess in accordance with the Land Acquisition (Just Terms
Compensation) Act 1991 (2) Without limiting the generality of subsection (l), a development corporation may, in accordance with that subsection, acquire:
(a)
any land within the growth centre in respect of which the development corporation was constituted which the corporation considers should be made available in the public interest or any purpose of the growth centre; or
(b)
any land of which the land proposed to be acquired under this Act forms part; or
(c)
any land adjoining or in the vicinity of any land proposed to be acquired under this Act; or
(d) a leasehold or any other interest in land.
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SCHEDULE l-AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
Application of Public Works Act 1912
10. (1) For the purposes of the Public Works Act 1912, any acquisition of land under section 9 is taken to be for an authorised work and the development corporation is, in relation to that authorised work, taken to be the Constructing Authority.
(2) Sections 34, 35, 36 and 37 of the Public Works Act 19 12 do not apply in respect of works constructed under this Act.
Explanatory note
The amendment in item (5) replaces the provisions relating to compulsory acquisition of land with the standard provisions applicable under the Land Acquisition (Just Terms Compensation) Act 1991.
(6) Section 13 (Covenants in leases):
Omit section 13 (3).
Explanatory note
The amendment in item (6) is consequential on the amendment in item (4) which provides that development corporations are subject to relevant legislation and that the provisions of the Act should not override the operation of other relevant legislation.
(7) Section 19 (Development corporation may enter into arrangements with other public authorities):
Omit section 19 (2).
(8) Sections 23 (Exercise of council’s powers by development corporation), 31 (Environmental planning instruments):
Omit the sections.
Explanatory note
The amendment in item (7) removes an obsolete provision relating to the State Planning Authority (which no longer exists) acting on behalf of a development corporation in carrying out legal or other work in connection with the powers etc. of the Corporation.
The amendments in item (8) omit provisions enabling a development corporation to exercise certain planning and other powers of a local council and providing for the Minister for Planning to determine any differences between a corporation and a local council (such differences could arise as a result of a
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
requirement under an environmental planning instrument for the council to consult with the corporation concerned before granting development consent in certain cases). As a result of the proposed repeal of sections 23 and 31, development corporations will be subject to the Environmental Planning and Assessment Act 1979 in the exercise of their powers.
(9) Part 3A:
Omit the Part, insert instead:
PART 3A—DISSOLUTION OF
DEVELOPMENT CORPORATIONS
Division 1—Definitions
Definitions
23A. In this Part:
“assets” means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents;
“dissolved development corporation” means a development corporation which is dissolved under this
Part;
“instrument” means an instrument (other than this Act) which creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order and process of a court;
“liabilities” means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
Division 2—Dissolution of development
corporations
Dissolution of Bathurst-Orange and Macarthur Development Corporations
23B. The Bathurst-Orange Development Corporation and the Macarthur Development Corporation are dissolved.
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES
(DEVELOPMENT CORPORATIONS) ACT 1974— continued
Governor may dissolve development corporations
23C. (1) The Governor may, on the recommendation of the Minister, by order published in the Gazette:(a) dissolve a development corporation; and
(b)
amend Schedule 1 by omitting any Part which relates to the dissolved development corporation.
(2) Any such order takes effect on and from the date of
publication of the order or a later date specified in the order.
(3) The Minister is not to make such a recommendation to
the Governor unless the Minister is satisfied that the
development corporation concerned has substantiallycompleted its planning and development functions in respect
| of the growth centre for which it was constituted. |
(4) Nothing in this section affects section 5.
Transfer of assets etc.
23D. (1) On the Commencement of section 23B or on an order under section 23C taking effect, the assets, rights and liabilities (if any) of the dissolved development corporation are transferred to the Ministerial Development Corporation.
(2) On such a transfer, the following provisions have
effect:
the assets of the dissolved development corporation vest in the Ministerial Development Corporation by virtue of this section and without the need for any conveyance, transfer, assignment or assurance;
the rights and liabilities of the dissolved development corporation become by virtue of this section the rights and liabilities of the Ministerial Development Corporation;
all proceedings commenced before the transfer by or against the dissolved development corporation and pending immediately before the transfer are taken to be
proceedings pending by or against the Ministerial Development Corporation; any act, matter or thing done or omitted to be done before the transfer by, to or in respect of the dissolved development corporation is (to the extent that that act,
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE l—AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Ministerial Development Corporation;
(e)
a reference in an instrument of any kind to the dissolved development corporation is to be read as a reference to the Ministerial Development Corporation.
(3) The operation of this section is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities; or (c)
as giving rise to any remedy by a party to instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
(4) The operation of this section is not to be regarded as an event of default under any contract or other agreement.
(5) No attornment to the Ministerial Development Corporation by a lessee from the dissolved development corporation is required.
(6) Any instrument executed only for:
(a)
a purpose ancillary to or consequential on the operation of this section; or
(b) the purpose of giving effect to this section,
is not chargeable with stamp duty.
Division 3—Establishment of Ministerial
Development Corporation
Establishment of Ministerial Development Corporation
23E. (1) There is constituted by this Act a body corporatewith the corporate name of the Ministerial Development
Corporation.
(2) The affairs of the Ministerial Development Corporation are to be managed by the Minister.
(3) Any act, matter or thing done in the name of, or on
behalf of, the Ministerial Development Corporation by the
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES
(DEVELOPMENT CORPORATIONS) ACT 1974— continued
Minister, or with the authority of the Minister, is taken to have been done by the Ministerial Development Corporation. Functions of Ministerial Development Corporation
23F. (1) The Ministerial Development Corporation is responsible for the management and disposal of the remaining assets, rights and liabilities of a dissolved development corporation.
(2) Without limiting the generality of subsection ( l ) , the Ministerial Development Corporation, for the purposes of that subsection:
(a) has, in relation to the assets, rights and liabilities of the dissolved development corporation that are transferred to it, the same powers, authorities and functions of that development corporation under sections 8—13, 18, 19 and 21; and (b) may, with the concurrence of the Treasurer, transfer any of its assets, rights and liabilities to the Crown or to any other person on behalf of the Crown. (3) The Ministerial Development Corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.
Explanatory note
The amendment in item (9) replaces Part 3A (which presently contains provisions dealing with the Macarthur Development Corporation) with a new Part dealing with the dissolution of development corporations.
Proposed section 23A contains definitions for the purposes of the new Part. Proposed section 23B dissolves the Bathurst-Orange and Macarthur
Development Corporations and proposed section 23C enables the Governor (on the recommendation of the Minister) to dissolve future development corporations by order published in the Gazette.
Proposed section 23D transfers the assets, rights and liabilities of a dissolved development corporation to the Ministerial Development Corporation. Instruments connected with the transfer of such assets, rights and liabilities are exempt from stamp duty.
Proposed section 23E constitutes the Ministerial Development Corporation. Its affairs are to be managed by the Minister.
Growth Centres (Development Corporations) Amendment Act 1992 No. 9
SCHEDULE 1—AMENDMENT OF GROWTH CENTRES
(DEVELOPMENT CORPORATIONS) ACT 1974— continued
Proposed section 23F provides that the Ministerial Development Corporation will have the function of managing and disposing of the remaining assets, rights and liabilities of dissolved development corporations that are transferred to it under Division 2 of the new Part.
(10) Section 27:
Omit sections 27-29A, insert instead:
Investments
27. A corporation may invest money held by it:
(a)
in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987; or
(b)
if that Act does not confer power to invest money so held, in any manner authorised for the time being for the investment of trust funds and in any other manner approved by the Minister with the concurrence of the Treasurer.
Explanatory note
The amendment in item (10) replaces provisions relating to investment of money by corporations under the Act, arranging temporary accommodation and borrowing powers with the standard investment provision enabling a development corporation or the Ministerial Development Corporation to invest money under the Public Authorities (Financial Arrangements) Act 1987. As an “authority” for the purposes of that Act, such a corporation wil l also be able to arrange for financial accommodation (i.e. borrowing) in the same way as the Bathurst-Orange and Macarthur Development Corporations can at present.
(11) Section 32 (Disputes):
Omit section 32 (l), insert instead:
(1) In this section, “corporation” does not include the Ministerial Development Corporation.
Explanatory note
The amendment in item (11) provides that the provisions concerning the resolution by the Minister of disputes arising between a corporation and a local council under the Act do not apply to the Ministerial Development Corporation.
(12) Section 33 (Misuse of information):
(a) Omit section 33 (6) (ai), (b) and (c), insert instead:
(b)
if the person is an officer or employee of the Property Services Group;
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SCHEDULE l-AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
(b)
From section 33 (6) (e), omit “Department of Decentralisation, the Authority”, insert instead “Property Services Group”.
(13) Section 34 (Disclosure of interest):
(a)
From section 34 (1) and (9), omit “or of the Macarthur Development Corporation” wherever occurring.
(b)
From section 34 (8), omit “or of the Macarthur Development Corporation, as the case may be,”.
(c) From section 34 (1 l ) , omit “or the Macarthur Growth Area”. (d) Omit section 34 (12).
(14) Sections 37 (Annual report), 39 (Authentication of process):
Omit the sections.
Explanatory note
The amendments in items (12) and (13) are consequential.
The amendment in item (14) omits unnecessary provisions which are
covered by other legislation dealing with statutory corporations (i.e. the Annual Reports (Statutory Bodies) Act 1984 and the Interpretation Act 1987).
(15) Schedule 1 (Growth Centres):
omit Part 1.
(16) Schedule 1A (Macarthur Growth Area):
Omit the Schedule.
Explanatory note
The amendments in items (15) and (16) omit the descriptions of the
Bathurst-Orange and Macarthur Growth Centres contained in the Act.
(17) Schedule 2 (Provisions relating to the constitution and procedure of development corporations):
(a) Omit clauses 1 (2), 4 (1) and 7 (2).
(b)
From clauses 3 (2), 4 (2), 5, 7 (l), 9 (2) and l0 (4), omit “General Manager” wherever occuring, insert instead
“Managing Director ”.
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SCHEDULE 1—AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued
(c) From clause 4 (3), omit “(other than the office of General
Manager) ” . (d) From clause 4 (4), omit “(other than the office of the General
Manager) . "
Explanatory note
The amendments in item (17) are consequential on the amendment which replaces the General Managers of development corporations with the Managing Director of the Property Services Group.
m
(18) Schedule 3 (Modification of Public Works Act 1912):
Omit the Schedule.
(19) Schedule 4 (Provisions relating to loans):
Omit the Schedule.
(20) Schedule 5 (Modification of the Environmental Planning and
Assessment Act 1979):
Omit the Schedule.
Explanatory note
The amendments in items (1 8)—(20) are consequential.
(21) Schedule 6 (Savings, transitional and other provisions):
(a) Omit clause 1, insert instead: References to General Manager 1. A reference in any other Act or statutory instrument, or in any other instrument, or in any contract or agreement, to the General Manager of a corporation is to be construed as a reference to the Managing Director.
(b) Omit clause 2 (2).
(c) After clause 2, insert:
Savings and transitional regulations3. The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Growth Centres (Development Corporations) Amendment Act 1992.
SCHEDULE l—AMENDMENT OF GROWTH CENTRES (DEVELOPMENT CORPORATIONS) ACT 1974— continued Explanatory note
The amendment in item (21) (c) enables regulations of a savings and transitional nature consequent on the enactment of the proposed Act to be made. The other amendments are consequential.
SCHEDULE 2—CONSEQUENTIAL AMENDMENT OF
OTHER ACTS
(Sec. 4)
Albury—Wodonga Development Act 1974 No. 47:
Section 11 (Resumption):
Omit section 11 (5).
Public Authorities (Financial Arrangements) Act 1987 No. 33:
Schedule 1 (Authorities):
omit:
Bathurst-Orange Development Corporation.
Macarthur Development Corporation.
Insert instead, in alphabetical order of authorities:
A corporation constituted under the Growth Centres
(Development Corporations) Act 1974.
[Minister’s second reading speech made i n - Legislative Assembly on 25 February 1992
Legislative Council on 4 March 1992]
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