Sydney Cove Redevelopment Authority Act 1968 (NSW)

SYDNEY COVE REDEVELOPMENT AUTHORITY

ACT.

jgetD OTaless

ANNO SEPTIMO DECIMO

ELIZABETHJi II REGIN/E

Act No. 56, 1968.

An Act to provide for the constitution o f the Sydney Cove Redevelopment Authority and to define its powers, authorities, duties and functions; to vest certain property in the Authority and to provide for the acquisition by it o f certain other property; to amend the Crown Employees Appeal Board Act, 1944; and for purposes connected therewith. [Assented to, 10th December, 1968.]

BE

Sydney Cove Redevelopment Authority.

t> E it enacted by the Queen’s Most Excellent Majesty, by No. 56,1968

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows; —

PART I.

P r e l im in a r y .

1.      (1) This Act m a y be cited as the “Sydney Cove Short title

Redevelopment Authority Act, 1968”. m^cement.

(2) This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette.

2. This Act is divided as follows :— Division into Parts.

PART I.—Preliminary—ss. 1-3.

PART II.—Constitution of t h e Authority—ss.

4-9.

PART III.—Acquisition of the Development Area

— 10- 12 .

PART IV.—Powers, Authorities, Duties and

Functions of the Authority—ss. 13-25. PART V.—Advisory Committees—ss. 26-27. PART VI.—Finance—ss. 28-42.

PART VII.—General—ss. 43-45.

SCHEDULES.

3.      (1) In this Act, except in so far as the context or interpre­

subject matter otherwise indicates or requires— tation.

“Authority” means the Sydney Cove Redevelopment Authority constituted by this Act;

“development

Sydney Cove Redevelopment Authority.

No. 56, 1968

“development area” means the land described in the First Schedule to this Act and any other land acquired by the Authority pursuant to this Act;

“Director” means Director of the Authority;

“public authority” means any public or local authority

constituted by an Act other than this Act;

“prescribed” means prescribed by this Act or by the

regulations;

“public road” has the meaning ascribed to that expres­ sion in the Local Government Act, 1919;

“regulations” means regulations made under this Act; “road” has the meaning ascribed to that expression in

the Local Government Act, 1919.

(2) In this Act, a reference to an Act includes all

amendments of that Act, whether by subsequent Acts or otherwise, and an Act passed in substitution for the Act referred to, or incorporating any of its provisions.

PART II.

C o n s t it u t io n o f t h e A u t h o r it y .

Constitution	4. (1) There shall be a Sydney Cove Redevelopment In the exercise and discharge of its powers, authorities, duties and functions the Authority shall, except where the Authority makes a recommendation to the Minister, be subject in all respects to the control and direction of the Minister.
A th ’tv	Authority which shall have and may exercise and discharge

‘

the powers, authorities, duties and functions conferred or

imposed upon it by or under this or any other Act.

(2) For the purposes of any Act the Authority shall

be deemed to be a statutory body representing the Crown.

(3)

Sydney Cove Redevelopment Authority.

(3) The Authority shall consist of six members No. 56,1968

appointed by the Governor. Of the members so appointed—

(a)	one, being a person nominated by the Minister for the purpose, shall, in and by the instrument of his appointment or by a subsequent instrument, be appointed as the Chairman of the Authority;
(b)	one, being a person nominated by the Minister for the purpose, shall, in and by the instrument of his appointment or by a subsequent instrument, be appointed as the Director;
(c)	two shall be persons nominated by the Minister as persons who, in his opinion, have special knowledge of. and experience in, either town planning or building development;
(d)	one shall be an officer of the Department of Public Works nominated by the Minister for the time being administering that Department;
(e)	one shall be an officer of the Council of the City of Sydney nominated by that Council.

(4) A member of the Authority shall, subject to this Act, hold office as such a member for such term not exceeding seven years as may be specified in the instrument of his appointment and shall, if otherwise qualified, be eligible for reappointment from time to time.

Any such reappointment shall be for such term not exceed­ ing seven years as may be specified in the instrument of his reappointment.

(5) On the occurrence of a vacancy in the office of a

member of the Authority otherwise than by the expiration of the term for which he was appointed, the Governor may appoint a person to hold office for the balance of his predecessor’s term of office, being a person qualified and nominated as provided by subsection three of this section for his predecessor in office.

(6)

Sydney Cove Redevelopment Authority.

No. 56, 1968 (6) A person who is of or above the age of sixty-five years shall not be appointed as a member of the Authority.

(7) The Director—

(a)	shall be the chief executive and administrative officer of the Authority, shall devote the whole of his time to the duties of his office, and shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on him by this Act and such of the powers, authorities, duties and functions of the Authority as are delegated to him by the Authority; and
(b)	shall be the Deputy Chairman of the Authority and shall, during the absence or illness of the Chairman, act in the place of the Chairman with, in addition to the powers, authorities, duties and functions conferred or imposed on him as Director, the powers, authorities, duties and functions conferred or imposed on the Chairman.

(8) No person shall be concerned to inquire whether any occasion has arisen requiring or authorising the Director to act as Deputy Chairman in the place of the Chairman, and all acts or things done or omitted by the Director while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Chairman.

(9) During the absence or illness of the Director the Minister may, on such terms and conditions (including terms and conditions as to payment of salary or remuneration, and allowances) as the Minister may determine, appoint any person as Acting Director of the Authority, and the person so appointed, while he holds office as Acting Director of the Authority—

(a)	shall have and may exercise or perform the powers, authorities, duties and functions of the Director and Deputy Chairman of the Authority; and
(b)	if he is not otherwise a member of the Authority, shall be deemed to be such a member.

(10)

Sydney Cove Redevelopment Authority.

(10) No person shall be concerned to inquire whether No. 56, 1968

any occasion has arisen requiring or authorising the Acting Director to act in the place of the Director, and all acts or things done or omitted by the Acting Director of the Authority while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the Director.

(11) The Chairman and members of the Authority, other than the Director, shall receive such remuneration and allowances and the Director shall receive such annual salary and allowances, as the Governor in each case may from time to time determine.

(12) Where any member of the Authority, other than the Director, is an oflScer of the Public Service or of a public authority he shall, notwithstanding the provisions of any Act or of any rule or regulation made under any Act, be entitled to receive remuneration and allowances under this section in addition to any remuneration and allowances to which he is otherwise entitled.

(13) Where by or under any other Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his oflSice, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to dis­ qualify him from holding that office and also the office of a member of the Authority other than the Director.

(14) The office of a member of the Authority, other than the Director, shall not for the purposes of any Act be deemed to be an office or place of profit under the Crown.

(15) The provisions of the Public Service Act, 1902,

shall not apply to or in respect of the appointment by the Governor of any member of the Authority and any such member so appointed shall not, in his capacity as such a member, be subject to the provisions of that Act during his term of office.

(16)

Sydney Cove Redevelopment Authority.

No. 56,1968 (16) A member of the Authority shall be deemed to

have vacated his office—

(a) if he dies;

(b) if, being the Director, he engages during his term of ofilce in any paid employment outside the duties of his office;

fc) if, being the Director, he absents himself from duty for a period exceeding fourteen consecutive days, except on leave granted by the Minister (which leave the Minister is hereby authorised to grant) unless such absence is occasioned by illness or other unavoidable cause;

(d)	if, being a member other than the Director, he is absent from four consecutive ordinary meetings of the Authority of which reasonable notice has been given him either personally or in the ordinary course of post unless on leave granted by the Authority or unless he is, before the expiration of four weeks after the last of such meetings, excused by the Authority for his absence from such meetings;
(e)	if he becomes bankrupt, compounds with his creditors, or makes any assignment of his salary, remuneration, allowances or estate for their benefit;
(f)	if he becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958;
(g)	if he is convicted in New South Wales of a felony or of a misdemeanour which is punishable by imprisonment for twelve months or upwards, or if he is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be a felony or a misdemeanour which is punishable as aforesaid;
(h)	if he resigns his office by writing under his hand addressed to the Governor, and the Governor accepts the resignation;

(i)

-J"

Sydney Cove Redevelopment Authority. .

(i) if he is removed from office by the Governor; No. 56,1968

(j)	if he is a member appointed under paragraph (d) or (e) of subsection three of section four of this Act and he ceases to hold the qualification by virtue of which he was appointed; or
(k)	on the day on which he attains the age of sixty-five years.

(17) The Governor may, for any cause which appears to him sufficient, remove any member of the Authority from office.

(18) Where the Director is, at the date of his appoint­ ment as Director, an officer of the Public Service and he ceases to be the Director from any cause whatsoever, other­ wise than in pursuance of subsection sixteen (paragraph (h) excepted) or seventeen of this section, he shall, if he is under the age of sixty years, be appointed to some office in the Public Service not lower in classification and salary than that which he held immediately before his appointment as the Director.

(19) Nothing contained in this Act shall affect the rights accrued or accruing under the Public Service Act, 1902, or the Superannuation Act, 1916, or the Local Government (Superannuation) Act, 1927, to any person appointed as Director who is at the time of his appointment or has been at any time previous thereto an officer of the Public Service or an employee within the meaning of the Superannuation Act, 1916, or a permanent servant within the meaning of the Local Government (Superannuation) Act, 1927.

(20) Any officer of the Public Service or any person who is an employee within the meaning of the Superannuation Act, 1916, or any permanent servant within the meaning of the Local Government (Superannuation) Act, 1927, who is appointed as Director shall continue to contribute to any fund or account and shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity as if

he

Sydney Cove Redevelopment Authority.

No. 56, 1968 he were an officer or employee within the meaning of the

Public Service Act, 1902, or the Superannuation Act, 1916, or a permanent servant within the meaning of the Local Government (Superannuation) Act, 1927, as the case may be, and for that purpose his service as Director shall be deemed to be service for the purpose of the Act under which he continued to contribute or by which that entitlement is conferred.

In respect of a Director who contributes to a fund or account as aforesaid, the Authority shall pay to the State Superannuation Board or the Local Government Superannua­ tion Board, as the case may be, such amounts as would have been payable by the employer by whom he was employed immediately before his appointment as the Director, if the Director had remained an employee or permanent servant as aforesaid and had continued to be employed at the same salary or wage as the salary or wage at which he is employed by the Authority.

Authority 5. (1) The Authority shall be a body corporate with corporate— P^^P^tual succession and a common seal, and may sue or be

proceeding sued in its corporate name, and shall, subject to this Act,

of Authority, capable of purchasing, holding, granting, demising, dis­

posing of or otherwise dealing with real and personal property, and of doing or suffering all such acts and things as bodies corporate may by law do and suffer.

(2) The corporate name of the Authority shall be

“Sydney Cove Redevelopment Authority”.

(3) The common seal shall be kept in the custody of

the Director and shall not be affixed to any instrument except

in pursuance of a resolution of the Authority.

Any instrument executed in pursuance of any such resolu­ tion shall be attested by the signature of the Chairman or the Director, and one other member.

(4)

Sydney Cove Redevelopment Authority.

(4) The procedure for the calling of meetings of the No. 56, i968

Authority and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Authority.

(5) Four members of the Authority, including the Chairman of the Authority or the Director, or both of them, shall form a quorum and any duly convened meeting of the Authority at which a quorum is present shall be competent to transact any business of the Authority.

(6) In the event of an equality of votes at any meeting

of the Authority, the Chairman shall have, in addition to a

deliberative vote, a second or casting vote.

A decision of a majority of the members present at a meeting of the Authority at which a quorum is present shall be the decision of the Authority.

(7) The Authority shall cause full and accurate minutes to be kept of the proceedings at its meetings, and submit to the Minister a copy of the minutes of each such meeting within one week after the day on which it is held.

(8) No act or proceeding of the Authority shall be invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken or com­ menced, there was a vacancy in the office of a member of the Authority.

(9) No matter or thing done, and no contract entered

into, by the Authority and no matter or thing done by any member or by any other person whomsoever acting under the direction of the Authority shall, if the matter or thing was done, or the contract was entered into, bona fide for the purpose of executing this Act, subject a member of the Authority or a person so acting personally to any action, liability, claim or demand whatsoever.

Nothing

Sydney Cove Redevelopment Authority.

No. 56,1968	Nothing in this subsection shall exempt any member of the Authority from liability to be surcharged with the amount of any payment which he authorised, or joined in authorising, where the payment is disallowed by the Auditor-General in the accounts of the Authority.
Servants.	6. (1) The Authority shall appoint and employ such servants as may be necessary for carrying out the provisions of this Act.
(2) Subject to this Act, every servant of the Authority shall continue in the service of the Authority at the will of the Authority only.
(3) All servants of the Authority shall be subject to the sole control and governance of the Authority which may fix wages and conditions of employment where they are not fixed in accordance with the provisions of any other Act.

Regulations 7. The regulations may make provision for and with

re servants. respect to—

(a)	the control and governance of servants by the Authority; and
(b)	any other matter or thing necessary or convenient to ensure the maintenance of discipline and efficiency in the service of the Authority.

Payments in	8.	(1) Where a servant of the Authority has acquired a
respect of

long service	right to leave with pay in respect of long service leave and
leave on	dies before entering upon it or, after entering upon it, dies
death of
servant.	before its termination, the widow or widower of the servant or, if there is no such widow or widower, the children of the servant or, if there is no such widow or widower or there are no such children, a person who in the opinion of the Authority was, at the time of the death of the servant, a dependent relative of the servant, shall be entitled to receive the money value of the leave not taken or not completed, computed at the rate of salary or wages the servant received at the time of his or her death, less any amount paid to the servant in respect of the leave not taken or not completed.

(2)

Sydney Cove Redevelopment Authority.

(2) Where there is a guardian of any children entitled No. 56, i968

under subsection one of this section, the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(3) Where there is no person entitled under subsection

one of this section to receive the money value of any leave, payment in respect thereof shall be made to the personal representative of the servant.

(4) Where payment of the money value of leave has been made under this section no action may be brought against the Authority for payment of any amount in respect of that leave.

9. The Crown Employees Appeal Board Act, 1944, is Amendment

amended by inserting at the end of the Second Schedule the

words “Sydney Cove Redevelopment Authority”. ’ ’

PART III.

A c q u is it io n o f t h e D e v e l o p m e n t A r e a .

10.      (1) In this subsection “land” does not include land Vesting or

that immediately before the commencement of this Act, was

a dedicated public road or was set apart, dedicated or land,

reserved under any Act for any public purpose.

Notwithstanding anything contained in any Act—

(a) any estate or interest that, immediately before the commencement of this Act, was vested in any person on behalf of Her Majesty, or as Constructing Authority, or in a public authority, being an estate or interest in land within the land described in the Second Schedule to this Act, is hereby vested in the Authority for the purposes of this Act, freed and discharged from any trusts affecting it immediately before that commencement but otherwise without prejudice to any other estate or interest in that land; and

Sydney Cove Redevelopment Authority.

No. 56,1968 (b) any land within the land described in the Second Schedule to this Act that, immediately before the commencement of this Act was Crown land within the meaning of the Crown Lands Consolidation Act, 1913, may be granted to the Authority for the purposes of this Act, subject to such trusts, condi­ tions, covenants, provisions, exceptions and reserva­ tions as the Governor may deem expedient.

—

(2) In this subsection “land” means any part of the land described in the Second Schedule to this Act that is excluded from the operation of subsection one of this section, and any part of the land described in the Third Schedule to this Act.

After the giving by the Authority, in the manner prescribed, of such notice as may be prescribed the Governor may, by proclamation published in the Gazette, declare that land described or referred to in the proclamation is vested in the Authority and, notwithstanding anything contained in any Act, upon publication of such a proclamation—

(a)	where, immediately before publication of the pro­ clamation the land described or referred to therein was land set apart, dedicated (otherwise than as a public road) or reserved under any Act for any public purpose, or was a dedicated public road, the setting apart, dedication or reservation thereof shall be deemed to have been duly revoked;
(b)	where, immediately before publication of the pro­ clamation, the land described or referred to therein—

(i)   was land so set apart, dedicated or reserved and had been granted; or

(ii)   was not land so set apart, dedicated or reserved, or was a dedicated public road,

the estate or interest of the grantees, or their successors in title, in land referred to in subpara­ graph (i) of this paragraph, and any estate or interest in land referred to in subparagraph (ii)

of

Sydney Cove Redevelopment Authority.

of this paragraph that, immediately before that No. 56,1968 a public authority, shall vest in the Authority for the purposes of this Act, freed and discharged from any trusts affecting it immediately before that publi­ cation but otherwise without prejudice to any other estate or interest therein; and

publication, was vested in any person on behalf of

(c) where, immediately before publication of the pro­ clamation, the land described or referred to therein was not land that had been granted to or vested in any person, the land so described or referred to may be granted to the Authority for the purposes of this Act, subject to such trusts, conditions, coven­ ants, provisions, exceptions and reservations as the Governor may deem expedient.

(3) Notwithstanding anything contained in any Act, land that is a public road and is vested pursuant to this section or section eleven of this Act shall remain vested in the Authority until divested in accordance with this Act.

(4) The Authority shall not be required to pay, by way of compensation or otherwise, any amount to the Crown, or to any person or public authority, in respect of the granting or vesting, pursuant to subsection one or two of this section, of an estate or interest in land, but nothing in this subsection shall be construed as affecting the provisions of this or any other Act relating to the adjustment of the capital debt of the Authority or any public authority.

(5) The Authority may acquire, by purchase, the land described in the Fourth or Fifth Schedule to this Act, or any part thereof.

11. (1) Where the Authority— Appropria-

(a)	has made application to the Governor through the resumption
Minister for the appropriation or resumption of any certain

land within the land described in the Second, Third

or Fourth Schedule to this Act, or any part thereof, ^

or any land adjoining or in the vicinity of the

development area;

(b)

Sydney Cove Redevelopment Authority.

No. 56, 1968	(b)	has made provision to the satisfaction of the Min­ ister for payment of compensation for the proposed appropriation or resumption, together with interest and all necessary charges and expenses incidental thereto; and
(c)	has given such notice of its application as may be prescribed,

the Governor may appropriate or resume the land under Division 1 of Part V of the Public Works Act, 1912, as if the appropriation or resumption were for the purposes of carrying out an authorised work within the meaning of that Act and as if the Governor had directed that any land required for that work be taken pursuant to that Division.

(2) Notwithstanding anything contained in the Public Works Act, 1912, upon the publication in the Gazette pursuant to subsection one of this section of a notification under Division 1 of Part V of that Act, the land described or referred to in the notification shall vest in the Authority for the purposes of this Act for an estate in fee simple in possession, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way cr other easements whatsoever.

(3) The provisions of subsection two of section 536a and sections 536aa to 536dh, both inclusive, of the Local Government Act, 1919, shall, mutatis mutandis and subject to subsection four of this section, apply to and in respect of the appropriation or resumption of land pursuant to this section and matters incidental thereto.

(4) For the purposes only of subsection three of this section, the provisions of the Local Government Act, 1919, referred to therein shall, without prejudice to the generality of that subsection, be read and construed as if—

(a) references therein to the resumption or appropria­ tion of land by a council were references to the appropriation or resumption of land pursuant to this section, and other references to a council were references to the Authority; and

(b)

Sydney Cove Redevelopment Authority.

(b)	(i)
paragraphs (a), (c) and (d) of subsection No. 56,1968 therefrom;
(ii)	by omitting from paragraph (e) of the same subsection the words “construction of any works upon the land taken” and by inserting in lieu thereof the words “carrying out of the approved scheme under the Sydney Cove Redevelopment Authority Act, 1968, or any Act amending that Act, or the carrying out of any part of that scheme” ;
(iii)	by omitting from the same paragraph the words “Provided that the court in ascertaining such compensation shall take into considera­ tion and give effect to, by way of set-off or abatement, any enhancement in the value of the interest of any such owner in any land adjoining the land taken or severed therefrom by the construction of any works on the land taken, but in no case shall this proviso operate so as to require any payment to be made by such owner to the council in con­ sideration of such enhancement of value as aforesaid;” ;
(iv)	by omitting from the same paragraph the word “also” where secondly occurring.

(5) Except to the extent provided by this section and by the Local Government Act, 1919, as applied by this section, the provisions of the Public Works Act, 1912, shall not apply to or in respect of an appropriation or resumption pursuant to this section.

(6) Notwithstanding anything contained in this section (subsection one excepted) or in any other Act, the Authority shall not be required to pay, by way of compensa­ tion or otherwise, any amount to the Crown, or to any person on behalf of Her Majesty, or to a public authority, in respect of an appropriation or resumption of land pursuant to this section.

Sydney Cove Redevelopment Authority.

No. 56,1968 12. ( 1 ) On and from—

Rents,	(a) the commencement of this Act, in the case of land
profits,

outgoings	or any estate or interest therein that is vested in,
and powers	or may be granted to, the Authority by or pursuant
in relation
to land	to subsection one of section ten of this Act; and

acquired by	(b) the publication of the proclamation, in the case of land or any estate or interest therein that is vested in, or may be granted to, the Authority by virtue of a proclamation published pursuant to subsection two of that section,
Authority.

the Authority shall be entitled to the rents and profits, and shall pay all proper outgoings, in respect of that land, and no attornment by a lessee from the immediate predecessor in title of the Authority shall be necessary.

(2) Except as provided by this Act, or by way of surrender to Her Majesty, the Authority shall not sell, lease, exchange or otherwise deal with or dispose of land vested in, granted to, or otherwise acquired by, the Authority.

PART IV.

P o w e r s , A u t h o r i t ie s , D u t i e s a n d F u n c t io n s o f t h e

A u t h o r it y .

Redevelop­	13.	(1) Subject to this Act the Authority shall be charged
ment of

development	with the responsibility of planning and promoting the
preparation
area and	redevelopment of the development area in accordance with
of scheme	the provisions of this Act and shall, within twelve months
therefor.	from the commencement of this Act, or within such further period as the Minister may in writing allow, submit to the Minister a detailed scheme for the redevelopment of the development area.
(2) Without limiting the generality of subsection one of this section the scheme shall include—

(a) a plan of the development area showing—

(i)   the parcels of land, in this Act referred to as “building sites”, on which the Authority proposes that buildings shall be erected;

(ii)

Sydney Cove Redevelopment Authority.

(ii)

the parcels of land which the Authority No. 56,1968 dedicated as public places, open spaces, recreation areas and the like;

(iii)   the parcels of land which the Authority proposes shall be retained with, and in association with, buildings of an historical nature erected thereon or on part thereof;

(iv)   the roads which the Authority proposes should be closed or retained and the roads which the Authority proposes should be opened or dedicated as public roads;

(v)   the location or proposed relocation of public utility services in or adjoining the development area;

(b) proposals for the progressive redevelopment of the development area, including—

(i)   perspective plans of the proposed redevelop­ ment of the development area;

(ii)   recommendations for the redevelopment of the development area in stages and in a progressive and orderly manner;

(iii)   recommendations as to the purpose for which buildings proposed to be erected on each building site should be used, the height and general external design and appearance of each building, the area of each building site to be covered by each building and the situation of each building in relation to the boundaries of its building site.

(3) The scheme shall include, or be accompanied

b y -

(a)	a statement of the result of a consideration by the Authority of the economic aspects involved;
(b)	such other information as the Authority considers would be necessary or desirable to enable the Minister to consider the scheme, or as the Minister may require.

Sydney Cove Redevelopment Authority.

No. 56, 1968 14. ( 1 ) The Minister shall consider the plan referred to

Minister to	in paragraph (a), and the proposals referred to in paragraph
consider	(b), of subsection two of section thirteen of this Act, and
scheme.	may then direct the Authority—

(a)	to proceed with the scheme constituted by the plan and proposals;
(b)	to proceed with that scheme with such alterations as the Minister deems expedient and notifies in writing to the Authority; or
(c)	not to proceed with that scheme, but to submit another scheme for the Minister’s consideration.

(2) If, pursuant to paragraph (c) of subsection one

of this section, the Minister directs the Authority to submit another scheme, the Authority shall comply with the direc­ tion within such period as the Minister may allow, and subsection one of this section shall apply to and in respect of that other scheme as if it were the original scheme.

Approved 15.

Subject to this Act, where the Minister gives a direc­ tion under paragraph (a) or (b) of subsection one of section fourteen of this Act, the scheme in respect of which the direc­ tion is given shall constitute the approved scheme for the purposes of this Act and the redevelopment of the develop­ ment area, and all redevelopment of that area shall, subject to this Act, be carried out in accordance with the approved scheme.

scheme.

Evidence. j g ,

( j ) xjig approved scheme shall be filed in the office of the Authority and may be inspected during the office hours of the Authority by any person on payment of such fees as may be determined by the Authority.

(2) A copy of, or an extract from, any document,

map or plan embodied in the approved scheme shall be

admissible in evidence if it—

(a) purports to be a copy of, or an extract from, the original document, map or plan and purports to be printed by the Government Printer or by the authority of the Authority; and

( b )

Sydney Cove Redevelopment Authority.

(b) purports to be certified under the hand of the No. 56,1968 Director.

For the purposes of this subsection a copy of, or an

extract from, a document, map or plan may be on the same

scale as the original or may be an enlarged or reduced copy.

(3) The Director shall furnish a certified copy or

extract referred to in subseetion two of this section on the

application of any person and upon payment of such fee

as may be determined by the Authority, either generally or in

a particular case.

17.      (1) Subject to this section, the Minister may, on the Approved

recommendation of the Authority, vary the approved scheme,

(2) Before recommending to the Minister a variation

of the approved scheme that in-s'olves a variation of the

perspective plan, an alteration in the proposed use of a

building, an alteration of the height or general external design

and appearance of a building, the area of a building site to

be covered by a building or the situation of a building in

relation to the boundaries of a building site, the Authority

shall give notice as prescribed of its intention to make the

recommendation and shall, in that notice, specify—

(a) full particulars of the proposed variation; and

(b) the time, being not less than thirty days after the giving of the notice, within which any person who, pursuant to this Act, has acquired an estate or interest in a building site (not being a tenancy at will or a license) may lodge with the Authority an objection to the proposed variation.

(3) An objection lodged pursuant to subsection two of this section shall be deemed not to have been duly made unless—

(a)	it is in writing, setting forth the grounds of the objection; and
(b)	it is lodged within the time specified in the notice of the recommendation to which it relates.

(4)

Sydney Cove Redevelopment Authority.

No. 56,1968	( 4) When making its recommendation to the Minister the Authority shall forward to the Minister a copy of any objections duly made to the proposed variation, and a report of the Authority’s consideration thereof.
(5) After considering the recommendations and any objections, the Minister may direct the Authority—■

(a)	to vary the approved scheme as recommended by the Authority;
(b)	to vary the approved scheme with such alterations as the Minister, arising out of his consideration of the Authority’s recommendation, and of any objections, deems expedient and notifies in writing to the Authority; or

(c) not to vary the approved scheme.

(6) Where the Minister gives a direction under paragraph (a) or (b) of subsection five of this section, the approved scheme, as varied in accordance with the direction, shall be the approved scheme for the purposes of this Act and the provisions of this section and section sixteen of this Act shall apply to and in respect of the approved scheme as sc varied as if it were the original approved scheme.

Authority to 1 8 . ( 1 ) The Authority shall, as soon as practicable, cause

cause re-	|-j,g development area to be redeveloped in accordance with
development	, ^ ^
of develop-	the approved scheme.
ment area.

(2) In the application of Part XIIA of the Local

Government Act, 1919, or any scheme prescribed under that

Part, to and in respect of the development area—

(a; a rererence in Division 7 of that Part to a council, and a reference in any such scheme to the respon­ sible authority, shall be deemed to be a reference to the Authority constituted under this Act;

(b) in so far as that Part provides for an appeal against a decision on an interim development application, or on an application for consent to carry out development under any such scheme, it shall be deemed to provide only for an appeal to the Mini­ ster; and

(c)

Sydney Cove Redevelopment Authority.

(c)

any such scheme shall, to the extent that it is incon- No. 56, 1968 suspended.

19.      (1) For the purposes of this Act, and without limit- General

ing the generality of section eighteen of this Act, the Authority ^hority.

may—

(a)	pending redevelopment thereof, generally manage property vested in it and grant tenancies at will and licenses, in respect thereof;
(b)	cause surveys to be made, and plans of survey to be prepared, showing the subdivision of the develop­ ment area or any part thereof into the parcels referred to in subparagraphs (i), (ii) and (iii), and the roads and locations referred to in sub- pargaraphs (iv) and (v), of paragraphs (a) of subsection two of section thirteen of this Act;
(c)	by notification published in the Gazette, close or realign any public road, or part thereof, within or adjacent to the development area;
(d)	demolish, or cause to be demolished, any building or structure in the development area of which it has exclusive possession;
(e)	arrange, on such terms and conditions as may be agreed upon, for the location or relocation of public utility services in or adjoining the development area or, if no agreement can be reached, on such terms and conditions as may be determined by the Minister;
(f)	by notification published in the Gazette, exempt any public road within or adjoining the development area, or any part thereof, from the operation of Division 13a of Part IX of the Local Government Act, 1919, and, by a like notification vary or revoke any such notification; and
(g)	do all things necessary or desirable to cause the development area to be redeveloped in accordance with the approved scheme.

(2)

Sydney Cove Redevelopment Authority.

No. 56, 1968

(2) Notwithstanding anything contained in any Act, upon the publication, pursuant to paragraph (c) of subsection one of this section, of a notification closing a public road or part thereof, the estate or interest therein of any person or public authority shall vest in the Authority, freed and dis­ charged from any trusts affecting it immediately before that publication and freed and discharged from any rights of the public or any person thereto as a highway.

(3) No compensation shall be payable to the Crown or to any person or public authority in respect of the closing by the Authority of any road.

Dedication	2 0 .	(1) The Authority may, by notification published in
of land for

public

the Gazette, declare that it proposes to surrender to Her

purposes

Majesty land described or referred to in the notification to be

or as a

road.

dedicated for any public purpose specified in the notification

or, if so specified in the notification, as a public road.

(2) Upon the surrender of land described or referred to in a notification published pursuant to subsection one of this section, the land so described or referred to shall be Crown land reserved from sale or lease generally and, upon revocation of the reservation, may be dedicated under the Crown Lands Consolidation Act, 1913, for the public purpose specified in the notification or, as the case may require, under the Public Roads Act 1902, as a public road.

(3) The Authority may, in a notification published pursuant to subsection one of this section, limit the description of, or reference to, land to a specified depth below the surface thereof and, where such a description or reference is so limited, subsection two of this section shall not apply to or in respect of land below the depth so specified.

(4) The Authority may, by notification published in the Gazette, declare to be a public road any elevated or sub­ terranean structure owned by the Authority that continues the line of a public road and, upon publication in the Gazette of such a notification, the structure shall, except in relation to any vesting thereof, be deemed to be a public road.

(5)

Sydney Cove Redevelopment Authority.

(5) Notwithstanding anything contained in any Act, No. 56,1968

a road within the development area shall not be provided, opened, dedicated, closed or realigned by the Crown or any person or public authority except pursuant to the provisions of this Act or with the consent of the Authority.

2 1 .      (1) For the purposes of this Act, the Authority may Authority

make and enter into contracts with any person for the carrying

out of any work or the performance of services or the contracts,

supply of goods, machinery or material in connection with the

exercise or discharge by the Authority of the powers, authori­

ties, duties and functions conferred or imposed upon it by this

or any other Act.

(2) Any such contract or agreement shall be deemed,

for the purposes of the Constitution Act, 1902, to be a con­ tract or agreement for or on account of the Public Service of New South Wales.

2 2 .      ( 1 ) At any time after the Minister has directed the Authority

Authority to proceed with the approved scheme the Authority

may—

or grant

leases.

(a)	erect or cause to be erected a building on a building site; or
(b)	grant, with the approval of the Minister, a lease of a building site to the Crown, to any public authority or to any person for such term, on such conditions and subject to such covenants, not inconsistent with any prescribed term, condition or covenant, as the Authority may determine and, except in the case of a prescribed term, condition or covenant, the Minister may approve.

(2) The covenants referred to in subsection one of

this section shall include covenants on the part of the lessee—

(a) not to commence the erection of a building on the land leased or any work preparatory or incidental thereto, without the written consent of the Authority;

(b)

Sydney Cove Redevelopment Authority.

No. 56, 1968	(b)	not to erect on the land leased a building that is not in conformity with plans and specifications thereof approved by the Authority; and
(c)	not to contravene any condition imposed by the Authority when giving the consent referred to in paragraph (a) of this subsection.

Nothing in this subsection shall be construed as limiting the form of any covenant referred to therein or the form or extent of any other covenant in a lease of a building site.

(3) Where a covenant, condition or stipulation in a lease granted by the Authority excludes, or is inconsistent with, the operation of a provision of an Act passed before or after the commencement of this Act, being a provision whereby, but for this subsection—

(a)	a right would be conferred, or an obligation imposed, on a lessor or lessee; or
(b)	a covenant, condition or stipulation would be implied, or be deemed to be included, in the lease,

the provision shall not, to the extent of the exclusion or

inconsistency, operate in respect of the lease.

(4) A lease granted by the Authority may provide for payment of a penalty for a breach of a covenant, con­ dition or stipulation in the lease and may assign different penalties for different breaches and, upon such a breach, the penalty specified in relation thereto shall, whether or not the breach gives rise to a right of re-entry or forfeiture, be recoverable as liquidated damages.

Approval	23. (1) Subject to this section—
of Authority

to erection	(a) the Authority may give a consent referred to in paragraph (a) of subsection two of section twenty- two of this Act upon the application of a person entitled to apply to the Council of the City of Sydney for its approval to the erection of a building; and
of building.
(b) the Authority may impose conditions in giving such a consent.

(2)

Sydney Cove Redevelopment Authority.

(2) Subject to section twenty-four of this Act, the No. 5 6 ,196»

Authority shall not give a consent pursuant to subsection one of this section unless—

(a)	the application therefor is accompanied by such plans and specifications of the building in respect of which the consent is sought, and such other information in respect of that building, as may be prescribed or as the Authority may require; and
(b)	the application therefor and the accompanying plans, specifications and other information disclose that the building in all respects will be in con­ formity with the approved scheme as to—

(i)    the use to which the building will be pu t;

(ii)   the height and general external design and appearance of the building;

(iii)   the area of the building site to be covered by the building; and

(iv)   the situation of the building in relation to the boundaries of the building site.

24.      (1) Where application is made to the Authority for Minor

its consent to the erection on a building site of a building

that is not in all respects in conformity with the approved scheme,

scheme and, in the opinion of the Authority, any variation

from the approved scheme is a minor variation in respect of

the matters referred to in subparagraphs (u to (iv), both

inclusive, of paragraph (b) of subsection two of section

twenty-three of this Act, the Authority shall make a recom­

mendation to the Minister in connection with the application.

(2) The Minister shall consider a recommendation made pursuant to subsection one of this section and the circumstances of the case and, if he is of the opinion that the variation which, if the proposed building were erected, would be made in the approved scheme—

(a) is not one which should be dealt with pursuant to section seventeen of this Act;

(b) will not prejudice the approved scheme;

(c)	will not adversely affect the amenity of the develop­
ment area; and (d)

Sydney Cove Redevelopment Authority.

No. 56, 1968 (d) will not adversely affect the rights of any person who, pursuant to this Act, has acquired an estate or interest (not being a tenancy at will or a license) in land in the development area,

the Minister may approve of the application in writing.

An approval given by the Minister pursuant to this section may be given subject to such conditions as he thinks fit and shall be deemed to be a consent given by the Authority pursuant to subsection one of section twenty-three of this Act subject to those conditions.

Effect of 25.

(1) The consent of the Authority to the erection of a building in the development area shall be a consent for the purposes of this Act only and, subject to this section and subsection two of section eighteen of this Act, shall not be construed as authorising the erection of the building without any other approval which, by or under any other Act, or any rule, regulation, by-law or ordinance, is required for or in connection with the erection of the building.

consent by

Authority.

(2) Notwithstanding anything contained in any

other Act, or any rule, regulation, by-law or ordinance, where the Authority has consented to the erection of a building in the development area, the Council of the City of Sydney shall be deemed to have approved, pursuant to any such Act, rule, regulation, ordinance or by-law—

(a) the building line and height of the building;

(b)	the proportion of the site to be covered by the building, and any open space and light areas to be provided;
(c)	the position of the building in relation to other buildings and the boundaries of the building site;

(d) the means of access to the building;

(e)	the space or accommodation to be provided for vehicles likely to be used by the occupants of, or visitors to, the building; and
(f)	the accommodation to be provided for the loading or unloading of vehicles.

PART

, •'T;.-f" ••i 't

543

Sydney Cove Redevelopment Authority.

PART V.

No. 56, J968

A d v iso r y C o m m i t t e e s . —

. Advisory

26.      ( 1 ) The Minister may, on the recommendation of committees,

the Authority, by notification published in the Gazette, appoint advisory committees to carry out such investigations and furnish such reports and recommendations as the Authority may require in connection with any matter or thing relating to the redevelopment of the development area or the carrying out or exercise by the Authority of any power, authority, duty or function conferred or imposed upon the Authority by this or any other Act.

(2) Without limiting the generality of subsection one

of this section advisory committees may be appointed to investigate, and report and make recommendations on, any matter relating to—

(a)	the co-ordination of redevelopment in the development area;
(b)	the use and preservation of historical sites and buildings; and
(c)	the design and location of buildings, services, public roads and public places within the development area, and services and public roads adjacent to the development area.

27. (1) Each advisory committee shall consist of a Constitu-

chairman and such other persons as the Minister thinks fit. (2) A member or servant of the Authority may be

committees.

appointed to an advisory committee.

(3) Officers or employees of any Government Department or of any public authority or any officer or servant of the Council of the City of Sydney may, with the approval of the Minister of the Department concerned, or of the public authority or the Council, as the case may require, be appointed to an advisory committee on such terms and conditions as may be arranged.

(4) Each member of an advisory committee shall be

appointed for such term, not exceeding three years, as may

be

Sydney Cove Redevelopment Authority.

No. 56,1968 be specified in the instrument of his appointment and, if otherwise qualified, shall be eligible for reappointment from time to time.

Any such reappointment shall be for such term, not exceeding three years, as may be specified in the instrument of reappointment.

(5) On the occurrence of a vacancy in the office of a member of an advisory committee otherwise than by the expiration of the term for which he was appointed the Minister may, by notification published in the Geizette, appoint any person to fill the vacant office and any person so appointed shall hold office for the remainder of his predecessor’s term of office.

(6) A member of an advisory committee shall be deemed to have vacated his office if he—

(a) dies;

(b) resigns his office by writing under his hand addressed to the Authority and his resignation is accepted by the Authority;

<c) is, on the recommendation of the Authority, removed from office by the Minister;

(d)	being a member or servant of the Authority ceases to hold office as such a member or ceases to be such a servant; or
(e)	having been appointed by virtue of his being an officer or employee or servant of a Government Department, public authority or the Council of the City of Sydney, ceases to be employed by that Government Department, public authority or Council, as the case may be.

(7) The Minister may, on the recommendation of the Authority, remove from office for any cause which appears to him sufficient, any member of an advisory committee.

(8) The procedure for the calling of meetings of an advisory committee, and for the conduct of business at such meetings shall, subject to any direction by the Authority, be as determined by the advisory committee.

(9)

Sydney Cove Redevelopment Authority.

( 9 ) A member of an advisory committee, not being No. 56, 1968

a member or servant of the Authority, shall be entitled to	----
receive such remuneration (whether by way of fee or allowance or otherwise) and such travelling expenses as may from time to time on the recommendation of the Authority be fixed by the Minister.
(10) Where, by or under any Act, provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office of a member of an advisory committee or from accepting and retaining any remuneration and expenses payable to him as such a member.
(11) The office of member of an advisory committee shall not, for the purposes of any Act, be deemed to be an office or place of profit under the Crown.

PART VI.

F in a n c e .

28. (1) The Authority shall cause to be kept proper Accounts

books of account in relation to all of its operations, and shall,

as soon as practicable after the thirtieth day of June in each Authority,

year, prepare and transmit to the Minister for presentation

to Parliament a statement of accounts in a form approved by

the Auditor-General exhibiting a true and correct view of the

financial position and transactions of the Authority.

(2) The Minister shall cause the statement of

accounts to be laid before Parliament within fourteen sitting days after its receipt by him if Parliament is in session, and if not, then within fourteen sitting days after the commence­ ment of the next session.

29-

P24713—18

Sydney Cove Redevelopment Authority.

No. 56,1968 29.

(1) The accounts of the Authority shall be audited the powers conferred on him by any law now or hereafter in force relating to the audit of public accounts; and the Audit Act, 1902, shall apply to the members of the Authority and its officers in the same manner as it applies to accounting officers of Public Departments.

Audit of	by the Auditor-General who shall have, in respect thereof, all
accounts.
(2) The Auditor-General shall report to the Authority and the Minister—

(a) whether or not in his opinion—

(i)   due dUigence and care have been shown in the collection and banking of moneys pay­ able to the Authority;

(ii)   the expenditure incurred has been duly authorised, vouched and supervised;

(iii)   any of the moneys or other property of the Authority have been misappropriated or improperly or irregularly dealt with; and

(b) as to any other matters which in his judgment call for special notice or which are prescribed.

(3) Towards defraying the costs and expenses of such audit the Authority shall pay to the Consolidated Revenue Fund such sums, at such times, as the Treasurer may decide.

(1) As soon as practicable after the commencement of this Act the Valuer General shall determine the improved capital value of all the land vested pursuant to paragraph (a) of subsection one of section ten of this Act, and the total amount of the value so determined and certified by the Treasurer to the Authority shall be deemed to be the capital debt assumed by the Authority.

30.

Capital

debt of the

Authority.

(2)

Sydney Cove Redevelopment Authority.

(2) Where, pursuant to subsection one or two of No. 56, 1968

section ten of this Act, any land is granted to the Authority and where, pursuant to paragraph (b) of subsection two of that section, any land is vested in the Authority, the Valuer General shall determine the improved capital value of the land so granted or vested, and the capital debt of the Authority shall be increased by the amount of the value so determined and certified by the Treasurer to the Authority.

(3) Where, pursuant to section twenty of this Act, any land vested in the Authority is surrendered to Her Majesty, the Valuer General shall determine the improved capital value of the land so surrendered, and the capital debt of the Authority shall be reduced by the amount of the value so determined and certified by the Treasurer to the Authority.

31.          In respect of its capital debt the Authority shall pay interest

to the Treasurer for credit to the Consolidated Revenue Fund interest at such rates and on such terms and conditions as the Treasurer may from time to time determine and notify to the Authority,

32. to pay from accumulated funds to the credit of the Consoli­ The Treasurer may at any time require the Authonty Payment of

dated Revenue Fund such amounts as he may determine and consolidated

notify to the Authority as being surplus to the requirements

of the Authority from time to time. '

3 3 .          The Authority may invest moneys held by it in investment

Government securities of the Commonwealth of Australia or of the State of New South Wales, or in any securities guaranteed by the Government of the said State, or on call or on fixed deposit, or partly on call and partly on fixed deposit, with the Treasurer or with any bank, or in such other securities as the Governor may approve or as may be prescribed.

Sydney Cove Redevelopment Authority.

No. 5 6 ,1 9 6 8 34.

(1) For the temporary accommodation of the Authority it may obtain advances by overdraft of current

acTOmmoda- account in any bank or banks upon the credit of the

tion.	Authority’s funds to such extent as may from time	to time
be approved by the Governor.

(2) The Treasurer may advance such moneys to the Authority, upon such terms and conditions as to repayment and interest, as may be agreed upon.

Purposes 35. The Authority may from time to time with the con­

fer which currence of the Treasurer and the approval of the Governor

Krr^w^^d. borrow money for—

(a) the purpose of carrying out and performing any of its powers, authorities, duties and functions;

(b) the renewal of loans;

(c) the discharge or partial discharge of any loan or any indebtedness to the Treasurer or to any bank; or

(d) any other purpose of this Act.

Reserves 36. (1) The Authority shall establish a reserve for loan

for repay-	repayment fund in respect of each loan or renewal loan raised
ments.	, a ..u
by the Authority.
(2) The Authority shall during each year transfer to each such fund from the revenue of the Authority a sum not less than the sum that the Authority in its application for approval of the loan specified that it proposed to transfer as aforesaid.
(3) Moneys held as reserve for loan repayment may be invested in government securities of the Commonwealth of Australia or of the State of New South Wales, or in debentures, bonds, inscribed stock or other prescribed securities in any loan of the Authority, or in any securities guaranteed by the Government of the said State, or in such other securities as the Governor may approve or as may be prescribed, in each case at their current market price.

(4)

Sydney Cove Redevelopment Authority.

(4) Any interest or profits realised on such invest-No. 56, 1968

ments shall be added to and form part of the reserve for loan

repayment fund from which the investments were made.

(5) All moneys paid into the reserve for loan repay­ ment fund in respect of any loan or renewal loan may be applied in or towards repayment of any other loan or renewal loan but may not be applied for any other purpose until the loan or renewal loan in respect of which the fund has been established has been repaid.

(6) Where the Authority decides to cancel deben­ tures, bonds, inscribed stock or other prescribed securities purchased from the reserve for repayment of the loan for which they were issued, the Authority shall, in addition to the sum otherwise payable to the reserve for repayment of that loan and subject to any agreement to which it is a party whereby it undertakes to pay interest at a higher rate to that reserve, pay to that reserve interest at the rate of four and one-half per centum per annum on the face value of the cancelled securities from the date of their cancellation until the maturity of the loan.

(7) If, after a loan has been repaid, there remains in

the reserve for repayment of that loan any balance, that

balance shall form part of the general funds of the Authority.

(8) A reserve for loan repayment fund shall not be

subject to seizure in satisfaction of any debt other than the

loan in respect of which the reserve was created.

(9) This section shall not apply to any loan to be repaid by instalments at intervals of one year or less.

37.      ( 1 ) For securing repayment of the principal and Debentures,

interest on any moneys borrowed, the Authority may as etc.

’

provided by the regulations issue debentures, bonds, inscribed

stock or other prescribed securities.

(2) Every such debenture or bond and every coupon

originally annexed to the debenture or bond and whether separated therefrom or not shall be transferable by simple delivery.

(3)

Sydney Cove Redevelopment Authority.

No. 56, 1968 ( 3) Inscribed stock shall be transferable in the books

of the Authority in accordance with the regulations.

(4) Debentures, bonds, inscribed stock or prescribed securities issued under this Act shall as regards both the issue and transfer thereof for full consideration or money or money’s worth be deemed to be included in the general exemptions from stamp duty under Part III of the Stamp Duties Act, 1920, contained in the Second Schedule to that Act.

(5) The holder of a coupon originally annexed to a debenture or bond and whether separated therefrom or not shall be entitled to receive payment from the Authority of the interest specified in the coupon upon its presentation on or after the date when, and at the place where, the interest is payable.

(6) The due repayment of any loan in respect of which debentures, bonds, stock or any other prescribed securities have been issued by the Authority, and the interest thereon, shall be a charge upon the income and revenue of the Authority from whatever source arising and is hereby guaranteed by the Government.

(7) Any liability arising under the guarantee given by subsection six of this section shall be discharged out of moneys provided by Parliament.

(8) The charge created by subsection six of this section shall not prejudice or affect any power of the Authority to sell, convey, lease or otherwise deal with, free of the charge, any property vested in it.

Raising 38.

( I ) Notwithstanding anything contained in this Part be borrowed by a loan raised wholly or in part in such place outside New South Wales as the Governor on the recom­ mendation of the Treasurer may approve, and may be negotiated and raised in any currency.

loans in

any	any money which the Authority is authorised to borrow may
country.

(2^

Sydney Cove Redevelopment Authority.

(2) Any such loan may be raised wholly or in part No. 56,1968

by the issue of debentures, bonds, stock or other securities in	----
any form and containing any term, condition or provision permitted under the law of the place where the loan is raised, and the Authority may establish and conduct in that place registries relating to the securities issued in respect of that loan.
(3) The Authority may in respect of any such loan agree that a sinking fund shall be established and controlled at such place and in such manner as may be found necessary or expedient in the circumstances of the case and, where any sinking fund is so established, the provisions of section thirty-six of this Act shall apply with regard to that loan only in respect of the amount, if any, the repayment of which is not provided for by the sinking fund established under the agreement.
(4) In connection with the raising of any loan under this section, the Authority may enter into such agreements as it thinks fit with respect to the form of the debentures, bonds, stock or other securities referred to in subsection two of this section, or for the sale of such debentures, bonds, stock or other securities, or the granting of an option to purchase such debentures, bonds, stock or other securities, or for services to be performed by any person in Australia or in any other part of the world in connection with such loan or with the issue, management and redemption of or otherwise with respect to such debentures, bonds, stock or other securities, and any such agreement may be upon such terms and conditions and may contain such provisions for the giving or receipt of consideration as the Authority thinks fit. Copies of any such agreement shall be forwarded to the Minister who shall cause the same to be laid before both Houses of Parliament as soon as possible after the loan is raised.

(5) The Governor may, upon the recommendation of the Authority, by notification published in the Gazette,	,
appoint two or more persons to enter into for and on behalf of the Authority all such agreements as the Authority is by this section authorised to enter into and to sign, execute, or otherwise perfect all such agreements, debentures, bonds,

stock

Sydney Cove Redevelopment Authority.

No. 56,1968 stock or Other securities as are by this section provided for

and to do all such things as may be necessary or convenient to be done for the purpose of raising any loan under this Act and may, upon the like recommendation and by a like notification, revoke or vary any such appointment and make any fresh appointment.

The production of a copy of the Gazette containing a notification of any such appointment or revocation as afore­ said shall in favour of a lender or of any holder of a security be conclusive evidence of the appointment or revocation.

(6) All debentures, bonds, stock or other securities bearing the signatures of such persons so appointed in that behalf shall be deemed to be securities lawfully issued under seal by the Authority and the principal moneys and interest secured thereby shall be a charge upon the income and revenue of the Authority from whatsoever source arising, and the due repayment of such principal moneys and interest is hereby guaranteed by the Government, and all agreements and any instruments purporting to be made or issued under the authority of this section and bearing the signatures of those persons shall be deemed to have been lawfully made or issued by the Authority and, if they purport to have been sealed by those persons, to have been lawfully executed by the Authority under seal.

A holder of any such debenture, bond, stock or other security shall not be bound to inquire whether the issue of such security was in fact duly authorised.

(7) Subject to this section and the law in force in the place where any loan is raised vmder this section and applicable to that loan and the securities issued in connection therewith, the provisions of this Part of this Act (other than subsection one of section thirty-seven and subsections three and four of section forty) shall apply, mutatis mutandis, to and in respect of such loan and such securities.

Trustees. 39.

(1) Any trustee, unless expressly forbidden by any instrument creating the trust, may invest any trust moneys in his hands in stock inscribed by the Authority, and the investment shall be deemed to be an investment authorised by the Trustee Act, 1925.

( 2 )

Sydney Cove Redevelopment Authority.

(2) Any debenture issued or stock inscribed by the No, 56, 1968

Authority shall be a lawful investment for any moneys which any company, council or body corporate incorporated by any Act is authorised or directed to invest in addition to any other investment expressly provided for the investment of such moneys.

(3) No notice of any express, implied or con­ structive trust shall be received by the Authority or by any officer of the Authority in relation to any debenture or coupon issued or stock inscribed by the Authority.

40.      (1) If any debenture or bond issued by the Authority Lost

is lost, destroyed or defaced before it has been redeemed, the debentures. a new debenture or bond in lieu thereof.

(2) A new debenture or bond issued under sub­ section one of this section with interest coupon annexed shall bear the same date, number, principal sum, and rate of interest as the lost, destroyed or defaced debenture or bond.

(3) Where a debenture or bond is lost or destroyed a new debenture or bond shall not be issued unless—

(a)	a judge of the Supreme Court has been satisfied by affidavit of the person entitled to the lost or destroyed debenture or bond, or of some other person approved by the judge, that it has been lost or destroyed before redemption;
(b)	such advertisements as the judge may direct have been published;
(c)	six months have elapsed since the publication of the last of those advertisements; and
(d)	sufficient security has been given to the Authority to indemnify it against any double payment if the missing debenture or bond is presented for redemption.

(4)

Sydney Cove Redevelopment Authority.

No. 56, 1968	(4) Where a debenture or bond is defaced, a new debenture or bond shall not be issued unless and until the defaced debenture or bond is lodged with the Authority for cancellation.
(5) The provisions of this section shall, mutatis mutandis, extend to the case of a lost, destroyed, or defaced coupon.
(6) Notwithstanding any other provision of this section, in case of the loss, theft, destruction, mutilation or defacement of any debenture or bond issued under section thirty-eight of this Act, a duplicate or new debenture or bond may be issued upon proof to the satisfaction of the Authority of such loss, theft, or destruction, or upon surren­ der of the mutilated or defaced debenture or bond, as the case may be, and upon the Authority receiving security or indem­ nity satisfactory to it against double payment if the missing debenture or bond be at any time thereafter presented for payment.

(1) A person advancing money to the Authority shall (2) A notification in the Gazette of the approval of the Governor having been given to a borrowing by the Authority shall, in favour of a lender and of any holder of security given by the Authority, be conclusive evidence that all conditions precedent to the borrowing have been complied with and, where the approval notified is to the borrowing by the Authority in a place outside New South Wales and in a particular currency, shall also be conclusive evidence in favour of such persons of the approval of the Governor to the bor­ rowing in the place and in the currency specified in the notification.

41 .

Protection

of

not be bound to inquire into the application of the money

investments.

advanced, or be in any way responsible for its non-application

or misapplication.

42.          All debentures, bonds, stock or other securities which

Debentures,

bonds, etc.,

to rank

are secured upon the income and revenue of the Authority

pari passu.

shall rank pari passu without any preference one above

another by reason of priority of date or otherwise.

PART

Sydney Cove Redevelopment Authority.

PART VII.	No. 56, 1968
G e n e r a l .

43.       ( 1 ) For the purpose of enabling the Authority to Power of

exercise and discharge the powers, authorities, duties and functions conferred or imposed on the Authority by or under this or any other Act, any person authorised in writing by the Authority for the purpose may, in respect of land within or adjacent to the development area, at any reasonable time—

(a)	enter into and upon that land and survey and take levels, and for these purposes dig trenches, break up the soil and set up any posts, stakes or marks;
(b)	in or upon that land, make inspections and for this purpose open any ground and take such measures as may be necessary to ascertain the character and condition of the land and any pipe, sewer, wire or drain thereunder; and
(c)	in or upon that land, open any ground, dig trenches and sink test holes or bores for the purpose of ascertaining the nature and quality of the material comprising the subsoil and dig, gather, take and carry away samples of any such material for analysis and testing.

(2) In the exercise of the power conferred on him by subsection one of this section, an authorised person shall do as little damage as possible and any person (other than the Crown or a public authority) who suffers damage in consequence of the exercise of that power shall be compensated therefor by the Authority.

(3) Any person who obstructs a person authorised by the Authority pursuant to subsection one of this section in the exercise of the powers conferred on him by that subsection shall be guilty of an offence against this Act and liable to a penalty not exceeding two hundred dollars.

Sydney Cove Redevelopment Authority.

No. 56,1968 44. ( 1 ) For the purposes of exercising and discharging

Auth^y powers, authorities, duties and functions conferred or

may make imposed on the Authority by or under this or any other Act

facilities Authority may, with the approval of the Minister of the

and ’ Department concerned and on such terms as may be arranged,

Se^mwn	^lake use of the facilities, or the services of any of the officers
or a public	Or employees, of any Government Department.
authority.
(2) The Authority may, for the like purposes, with the approval of the public authority concerned and the Minister, and on such terms as may be arranged, make use of the facilities, or of the services of any of the officers, servants or employees, of a public authority.

Delegation 45. (1 ) The Authority may, in writing, delegate to the

by Authonty. pj^jg^tor or any other member of the Authority any power, authority, duty or function (other than this power of delegation) conferred or imposed on the Authority by or under this or any other Act.

(2) A decision of the Director or any other member of the Authority when he is acting in pursuance of any delegation under subsection one of this section shall be deemed to be the decision of the Authority.

(3) A delegation under this section may be revoked

by the Authority at any time and shall be without prejudice to the exercise or performance by the Authority of the power, authority, duty or function so delegated.

Sydney Cove Redevelopment Authority.

46.      (1) The Governor may make regulations not incon- No. 56, i968

si stent with this Act prescribing all matters which by this Act j^egul^ns are required or permitted to be prescribed or which are ' necessary or convenient to be prescribed for carrying this Act

into effect.

(2) Without limiting the generality of subsection one of this section, the regulations may prescribe a form of lease of a building site.

(3) The regulations may provide for a penalty, not exceeding one hundred dollars, for any breach thereof and a daily penalty, not exceeding ten dollars per day, for a con­ tinuing breach thereof.

(4) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified therein;
(c)	be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session and, if not, then within fourteen sitting days after the commencement of the next session.
(5) If either House of Parliament passes a resolution

of which notice has been given within fifteen sitting days after the regulations have been laid before the House disallowing the regulation or part thereof, such regulation or part shall thereupon cease to have effect.

Sydney Cove Redevelopment Authority.

No. 56,1968 47. All courts and persons having by law or consent of

Judicial parties authority to hear, receive and examine evidence—

notice of seal of	(a)	shall take judicial notice of the seal of the Authority
Authority.
affixed to any document; and
(b)	shall unless the contrary is proved presume that such seal was properly affixed thereto.
Service of

notice of 48. Any notice, summons, writ or other proceeding

proceedings

required to be served on the Authority may be served by being

on the

Authority.

left at the office of the Authority, or, in the case of a notice,

by post.

DMumerns— 49. Evety summons, process, demand, order, notice,

ticated. Statement, direction or document requiring authentication by

the Authority may be sufficiently authenticated without the

seal of the Authority if signed by the Director.

Recovery of 50.

(1) Any penalty imposed by this Act or the regula­ tions (not being a monetary penalty for breach of a covenant, condition or stipulation in a lease) may be recovered in a summary manner before a stipendiary magistrate or any two justices in petty sessions.

penalty.

(2) Where the penalty is a daily penalty it may be recovered either under a separate information or complaint for each day or under an information or complaint for the sum of the daily penalties.

Recovery 51.

(1) Any charge, fee, remuneration or money due to the Authority under the provisions of this Act or the regula­ tions may be recovered as a debt in a court of competent jurisdiction.

of charges,

etc.

(2)

Sydney Cove Redevelopment Authority.

( 2 ) Proceedings for the recovery of any charge, fee, No. 56, i968

remuneration or money so due to the Authority shall be deemed to be for the recovery of a debt or liquidated demand within the meaning of—

(a)	section twenty-four of the Common Law Procedure Act, 1899;
(b)	section sixty-four of the District Courts Act, 1912; and
(c)	section twenty-five of the Small Debts Recovery Act. 1912.

52.           In any legal proceedings by or against the Authority Proof of

no proof shall be required (unless evidence is given to the

contrary) of— required.

(a) the constitution of the Authority; (b) any resolution of the Authority;

(c)	the appointment of any member or any servant of the Authority; or
(d)	the presence of a quorum at any meeting at which any determination is made or any act is done bv the Authority.

53.

or injury to person or property shall not be sued out or action,

served upon the Authority or any member of the Authority

or any servant of the Authority or any person acting in

its or his aid for anything done or intended to be done or

omitted to be done under this Act, until the expiration of

one month after notice in writing has been served on the

Authority or member or servant, as provided in this section.

(1) A writ or other process in respect of any damage Notice of

(2) The notice shall state—

(a) the cause of action;

(b) the time and place at which the damage or injury was sustained; and

f c )

Sydney Cove Redevelopment Authority.

No. 56, 1968 (c) the name and place of abode or business of the intended plaintifi and of his attorney, if any, in the case.

(3) In the case of damage to property, any person who produces on demand his authority from the Authority shall be permitted to inspect the property damaged, and all facilities and information necessary to ascertain fully the value of the property damaged, the nature and extent of the damage, and the amount of money, if any, expended in repairing the damage shall be given to him.

(4) Subject to subsection five of this section, at the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action that is not stated in the notice and, unless the notice has been served and subsection three of this section complied with, the plaintiff shall not be entitled to maintain the action.

(5) At any stage of the proceedings the court or any judge of the court in which the action is pending may, if the court or judge deems it to be just or reasonable in the circumstances so to do—

(a)	amend any defect in the notice on such terms and conditions, if any, as the court or judge may fix;
(b)	direct that any non-compliance or insufficient com­ pliance with this section shall not be a bar to the maintenance of the action.

(6) Subject to subsection seven of this section, every such action shall be commenced within the period (in sul> section seven of this section referred to as the “prescribed period” ) of twelve months next after the occurring of the cause of action.

(7) Where application is made to a judge of the

Supreme Court in accordance with rules of court for an extension of the prescribed period the judge may, if he is satisfied that sufficient cause has been shown, or that, having regard to all the circumstances of the case, it would be

reasonable

Sydney Cove Redevelopment Authority.

reasonable so to do, make an order for extension of the No. 56,1968

prescribed period for such further period and subject to

such terms and conditions, if any, as may be set out in the

order.

An application under this subsection may be made either within the prescribed period or at any time within twelve months thereafter.

Any person who is dissatisfied with the decision of the judge on any such application may appeal to the Court of Appeal and that court may on the appeal make any order which ought to have been made in the first instance.

Every such appeal shall be made in accordance with rules of court.

(8) The Authority, or any member of the Authoriw. servant or person to whom any such notice of action is given as aforesaid, may tender amends to the plaintiff, his attorney or agent at any time within one month after service ot notice of action, and in case the tender is not accepted may plead it in bar.

(9) The defendant in every such action may plead the general issue and at the trial thereof give this Act and the special matter in evidence.

54.      ( 1 ) As soon as practicable after the thirtieth day of Annual

June in each year, the Authority shall prepare and furnish to the Minister a report upon the operations and activities of the Authority during the year ending on that date.

(2) The Minister shall lay the report of the Authority, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by him thereof.

SCHEDULES.

Sydney Cove Redevelopment Authority.

No. 5^1968 SCHEDULES.

Sec. 3. F I R S T S C H E D U L E .

All that piece or parcel of land situate in the City of Sydney, parish of St. Philip and county of Cum berland: Commencing on the high water m ark of Port Jackson at Dawes Point at its intersection with the northerly prolongation of the eastern side of Hickson Road, the said eastern side forming the western boundary of land enclosed with and used as part of Dawes Point Park adjoining the northern­ most western boundary of that park as dedicated by notification in Governm ent G azette dated 14th October, 1932 ; and bounded thence by that prolongation and that side of H ickson Road southerly to the northern side of Lower F ort S tre e t; by that side and the generally south-eastern side of that street easterly and generally south-westerly to the generally north-eastern side of George S tre e t; by that side of that street generally south-easterly to the westernmost corner of the 18 i perches of land vested in the M inister for Public W orks for addition to and extension of the Mining M useum by notification in Governm ent Gazette dated 24th February, 1939; by a line south­ westerly to the generally north-western side of Y ork Street N orth at the northernm ost corner of the 29 square feet of land resumed for the construction of a bridge across Sydney H arbour from Dawes Point to Milsons Point by notification in Governm ent G azette dated 11th M arch, 1932; by that side of Y ork Street N orth generally south­ westerly to the northernm ost corner of the 3 | perches of land vested in the M unicipal Council of Sydney for purposes of public roads and highways by notification in G overnm ent Gazette dated 29th M arch, 1935 ; by the north-western boundary of that land and the north-western boundary of the 1 rood 1U perches of land vested in the M unicipal Council of Sydney for purposes of public parks and public recreation by notification in G overnm ent G azette dated 29th M arch, 1935, south-w esterly; by a line south-westerly to the north­ western corner of the 41 perches of land vested in the Municipal Council of Sydney for purposes of public parks and public recreation by notification in Governm ent G azette dated 29th M arch, 1935 ; by the north-western and southern boundaries o f that land south­ westerly and easte rly ; by the western boundary of the 11 perches of land vested in the M unicipal Council of Sydney for purposes of public roads and highways by notification in G overnm ent Gazette dated 29th M arch, 1935, sou therly ; by the northern and part of the north-western boundary of the 2 acres 3 roods 15J perches of land vested in the Municipal Council of Sydney for purposes of public parks and recreation by notification in Governm ent G azette dated 29th M arch, 1935, westerly and south-westerly to the northernm ost corner of lot 1, Deposited Plan 225361 ; by the generally north­ eastern boundary of that lot generally south-easterly to the generally north-western side of Y ork Street N orth ; by that side of that street generally south-westerly to the southernm ost com er of the said lot 1 ; by a line south-easterly to the intersection of the south-eastern side

of

Sydney Cove Redevelopment Authority.

of Y ork Street N orth with the northern side of G rosvenor S tre e t; No. 56, 1968

by that side of G rosvenor Street easterly to the generally western side

------

of G eorge S tre e t; by that side of George Street generally northerly to its intersection with a line along the southern boundary of Reserve 83662 for Public Recreation notified in G overnm ent Gazette dated 5th January, 1962 ; by that line easterly to its intersection with the southerly prolongation of the westernmost western face of Circular Quay Railway Station bu ild ing ; by that prolongation and that face of that building northerly, the northern extremity of that face being the pKJint m arked “M ” on plan registered St. P. 334 R. at the office of the M aritim e Services Board of N .S .W .; by a line northerly to the southernm ost corner of the parcel of land lettered “A ” on the said plan and plan registered St. P. 333 XL. at the office of the M aritime Services Board of N .S .W .; by the prolongation of the lastmentioned line, forming an eastern boundary of the said parcel of land, no rth erly ; by the generally eastern boundary of the said parcel of land generally no rth erly ; and by the high water m ark of Port Jackson generally north-westerly to the point o f com m encem ent; but excluding thereout the main arch and approach structure of the Sydney H arbour Bridge, with supporting pylon and piers, the Cahill Expressway and the W ynyard to Circular Quay railway, with supporting piers.

SECOND SCHEDULE. gee. 10

The land described in the First Schedule, but excluding thereout the lands described in the Third, Fourth and F ifth Schedules.

T H IR D SCH EDU LE. Sec. 10.

The parcels of land lettered “A ”, “B”, “C ” and “D ” on plans registered St. P. 333 XL. and St. P. 334 R. at the office of the M aritim e Services Board of N.S.W.

F O U R T H SCH EDU LE. gee. 11.

The land comprised in Certificates of Titles volume 1986 folio 126, volume 2451 folio 116, volume 2751 folio 144, volume 2819 folio 155, volume 3434 folio 203, volume 3497 folio 39, volume 3575 folio 17, volume 3600 folio 102, volume 3645 folio 237, volume 3668 folio 1, volume 3804 folio 29, volume 4889 folio 47, volume 5170 folios 110, 111 and 151, volume 6911 folio 15, and volume 8399 folio 49.

F IF T H SCH EDU LE. See. 10 (5).

The church lands com prised in Certificate o f Title volume 6276 folio 221 and deeds registered Book 131 No. 228 and Book 1168 No. 74 and the property of the Commonwealth shown on D epartm ent of the Interior Negative No. 13294 N.S.W ., being the land comprised in deed registered Book 2890 No. 176.

MEAT