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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Infrastructure Implementation
Corporation Bill 2005
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Constitution, management and functions of IIC
4 Constitution of Corporation 4
5 Director-General to manage affairs of IIC 4
6 Ministerial control 4
7 General functions of IIC 4
8 Staff of IIC 4
Part 3 Functions of IIC in relation to major infrastructure
projects
9 Project authorisation orders 5
Infrastructure Implementation Corporation Bill 2005
Contents
Page
10 Authorisation to carry out projects 5
11 Authorisation to take over projects 5
12 Transfer of assets, rights and liabilities 6
13 Acquisition of land 6
14 Transfer of IIC managed projects to public authority 6
15 Application of orders 7
Part 4 Miscellaneous
16 Act to bind Crown 8
17 Delegation 8
18 Personal liability 8
19 Regulations 8
20 Amendment of Public Finance and Audit Act 1983 No 152 9
21 Review of Act 9
Schedule 1 Transfer of assets, rights and liabilities 10
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Infrastructure Implementation
Corporation Bill 2005
Act No , 2005
An Act to constitute the Infrastructure Implementation Corporation and to confer on
it functions in relation to major infrastructure projects; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Infrastructure Implementation Corporation Bill 2005
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Infrastructure Implementation Corporation Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
In this Act:
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.
carry out a project has the same meaning as it has for the purposes of
Part 3A of the Environmental Planning and Assessment Act 1979.
Director-General means the Director-General of the Premier's
Department.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Infrastructure Implementation Corporation (or IIC) means the
Infrastructure Implementation Corporation constituted under this Act.
liabilities means any liabilities, debts or obligations (whether present or
future and whether vested or contingent).
major infrastructure project means a project to which Part 3A of the
Environmental Planning and Assessment Act 1979 applies.
project authorisation order means an order under section 9.
project divesting order means an order under section 14.
public authority means any of the following:
(a) a public authority constituted by or under an Act,
(b) a statutory body representing the Crown,
(c) a statutory SOC,
(d) a government Department,
but does not include a council within the meaning of the Local
Government Act 1993.
rights means any rights, powers, privileges or immunities (whether
present or future and whether vested or contingent).
Page 2
Infrastructure Implementation Corporation Bill 2005 Clause 3
Preliminary Part 1
statutory SOC means a statutory State owned corporation within the
meaning of the State Owned Corporations Act 1989 and includes any of
its subsidiaries.
Page 3
Clause 4 Infrastructure Implementation Corporation Bill 2005
Part 2 Constitution, management and functions of IIC
Part 2 Constitution, management and functions of IIC
4 Constitution of Corporation
(1) There is constituted by this Act a corporation with the corporate name
of the Infrastructure Implementation Corporation.
(2) The IIC is a statutory body representing the Crown and has the status,
privileges and immunities of the Crown.
5 Director-General to manage affairs of IIC
(1) The affairs of the IIC are to be managed by the Director-General.
(2) Any act, matter or thing done in the name of, or on behalf of, the IIC by
the Director-General, or with the authority of the Director-General, is
taken to have been done by the IIC.
6 Ministerial control
The IIC is subject to the control and direction of the Minister.
7 General functions of IIC
(1) The IIC has the following functions:
(a) to carry out a major infrastructure project if authorised to do so
by a project authorisation order,
(b) to be responsible, in accordance with a project authorisation
order, for a major infrastructure project that is carried out by, or
that involves, another public authority,
(c) such other functions as are conferred or imposed on it by or under
this or any other Act.
(2) The IIC may delegate to any person the exercise of any of its functions,
other than this power of delegation.
8 Staff of IIC
The IIC may arrange for the use of the services of any staff or facilities
of any public authority to enable the IIC to exercise its functions.
Page 4
Infrastructure Implementation Corporation Bill 2005 Clause 9
Functions of IIC in relation to major infrastructure projects Part 3
Part 3 Functions of IIC in relation to major
infrastructure projects
9 Project authorisation orders
(1) The Premier may make orders for the purposes of this Part (project
authorisation orders).
(2) A project authorisation order must be published in the Gazette.
(3) A project authorisation order may be made on such terms and
conditions as the Premier determines and as are specified or referred to
in the order.
(4) A project authorisation order may not be made except with the written
concurrence of the Treasurer.
10 Authorisation to carry out projects
A project authorisation order may authorise the IIC to carry out a major
infrastructure project specified in the order.
11 Authorisation to take over projects
(1) A project authorisation order may, in the case of a major infrastructure
project that is carried out by (or that involves) another public authority,
declare the IIC to be responsible for the public authority's functions in
relation to the carrying out of the project.
(2) Without limiting section 9 (3), the following provisions have effect on
the making of a project authorisation order as referred to in this section:
(a) the IIC has and may exercise all of the functions of the public
authority in relation to the project,
(b) the public authority may not exercise any functions in relation to
the project except with the consent of the IIC,
(c) the IIC may, with the concurrence of the Premier and after
consulting with the public authority concerned, give directions to
the public authority in relation to the project,
(d) the public authority must comply with any such directions given
to it by the IIC.
(3) Before making a project authorisation order that declares the IIC to be
responsible for a major infrastructure project that is carried out by (or
that involves) a statutory SOC, the Premier is to consult with the
following:
(a) the portfolio Minister of the SOC,
(b) the voting shareholders of the SOC,
Page 5
Clause 12 Infrastructure Implementation Corporation Bill 2005
Part 3 Functions of IIC in relation to major infrastructure projects
(c) the board of directors of the SOC.
(4) Failure to comply with subsection (3) does not affect the validity of the
order.
12 Transfer of assets, rights and liabilities
(1) If a project authorisation order declares the IIC to be responsible for
another public authority's functions in relation to the carrying out of a
major infrastructure project, the order may provide for the transfer to the
IIC of such assets, rights and liabilities of the public authority (or
classes of such assets, rights and liabilities) as are relevant to the project
and are specified in the order.
(2) Schedule 1 applies to a project authorisation order that provides for the
transfer of any such assets, rights and liabilities.
13 Acquisition of land
(1) The IIC may, for the purposes of exercising its functions in relation to a
major infrastructure project as authorised by a project authorisation
order, acquire land by agreement or compulsory process in accordance
with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any such acquisition of
land is taken to be an authorised work, and the IIC is, in relation to that
authorised work, taken to be the Constructing Authority.
(3) Sections 34-37 of the Public Works Act 1912 do not apply to or in
respect of a major infrastructure project to which a project authorisation
order relates.
14 Transfer of IIC managed projects to public authority
(1) The Premier may, by order published in the Gazette (a project divesting
order), direct that the assets, rights and liabilities of the IIC in relation
to a major infrastructure project specified in the order (including any
assets, rights and liabilities that have been transferred to the IIC by a
project authorisation order) be transferred to another public authority
specified in the order. The assets, rights and liabilities to be transferred
by an order may consist of a specified class of assets, rights and
liabilities.
(2) A project divesting order may be made on such terms and conditions as
the Premier determines and as are specified or referred to in the order.
(3) A project divesting order may not be made except with the written
concurrence of the Treasurer.
(4) Schedule 1 applies to a project divesting order.
Page 6
Infrastructure Implementation Corporation Bill 2005 Clause 15
Functions of IIC in relation to major infrastructure projects Part 3
(5) Before making a project divesting order that transfers any assets, rights
or liabilities to a statutory SOC, the Premier is to consult with the
following:
(a) the portfolio Minister of the SOC,
(b) the voting shareholders of the SOC,
(c) the board of directors of the SOC.
(6) Failure to comply with subsection (5) does not affect the validity of the
order.
15 Application of orders
A project authorisation order or a project divesting order may apply to
the whole of a major infrastructure project or to a specified part of such
a project only. Accordingly, a reference in this Part to a major
infrastructure project includes a reference to any part of a project that is
the subject of a project authorisation order or a project divesting order.
Page 7
Clause 16 Infrastructure Implementation Corporation Bill 2005
Part 4 Miscellaneous
Part 4 Miscellaneous
16 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
17 Delegation
The Director-General may delegate the exercise of any function of the
Director-General under this Act (other than this power of delegation) to
any member of staff of the Premier's Department.
18 Personal liability
A matter or thing done or omitted to be done by:
(a) the IIC, or
(b) the Director-General, or
(c) a person acting under the direction of the IIC or the
Director-General,
does not, if the matter or thing was done or omitted to be done in good
faith for the purposes of executing this Act, subject the
Director-General or a person so acting personally to any action,
liability, claim or demand.
19 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may contain provisions of a savings or
transitional nature consequent on the enactment of this Act.
(3) Any such savings or transitional provision may, if the regulations so
provide, take effect from the date of assent to this Act or a later date. To
the extent to which any such provision takes effect from a date that is
earlier than the date of its publication in the Gazette, the provision does
not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 8
Infrastructure Implementation Corporation Bill 2005 Clause 20
Miscellaneous Part 4
20 Amendment of Public Finance and Audit Act 1983 No 152
Schedule 2 (Statutory bodies) to the Public Finance and Audit Act 1983
is amended by inserting in alphabetical order the following:
Infrastructure Implementation Corporation
21 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5
years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 9
Infrastructure Implementation Corporation Bill 2005
Schedule 1 Transfer of assets, rights and liabilities
Schedule 1 Transfer of assets, rights and liabilities
(Sections 12 (2) and 14 (4))
1 Application and interpretation
(1) This Schedule applies to the following orders:
(a) a project authorisation order that makes provision for the transfer
of assets, rights and liabilities as referred to in section 12,
(b) a project divesting order.
(2) For the purposes of this Schedule, the public authority from which any
assets, rights or liabilities are transferred by such an order is called the
transferor and the public authority to which they are being so
transferred is called the transferee.
(3) In this Schedule:
instrument means an instrument (other than this Act) that 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 or process of a court.
2 Vesting of undertaking in transferee
When any assets, rights or liabilities are transferred by an order to which
this Schedule applies, the following provisions have effect (subject to
the order):
(a) those assets of the transferor vest in the transferee by virtue of this
Schedule and without the need for any conveyance, transfer,
assignment or assurance,
(b) those rights and liabilities of the transferor become by virtue of
this Schedule the rights and liabilities of the transferee,
(c) all proceedings relating to those assets, rights or liabilities
commenced before the transfer by or against the transferor or a
predecessor of the transferor and pending immediately before the
transfer are taken to be proceedings pending by or against the
transferee,
(d) any act, matter or thing done or omitted to be done in relation to
those assets, rights or liabilities before the transfer by, to or in
respect of the transferor is (to the extent that that act, matter or
thing has any force or effect) taken to have been done or omitted
by, to or in respect of the transferee,
(e) a reference in any Act, in any instrument made under any Act or
in any document of any kind to the transferor or a predecessor of
the transferor is (to the extent that it relates to those assets, rights
Page 10
Infrastructure Implementation Corporation Bill 2005
Transfer of assets, rights and liabilities Schedule 1
or liabilities but subject to the order), to be read as, or as
including, a reference to the transferee.
3 Operation of Schedule
(1) The operation of this Schedule 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 an 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.
(2) The operation of this Schedule is not to be regarded as an event of
default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is
required.
(4) The operation of this Schedule includes the making of an order to which
this Schedule applies.
4 Date of vesting
An order to which this Schedule applies takes effect on the date
specified in the order.
5 Consideration for vesting
An order to which this Schedule applies may specify the consideration
(if any) on which the order is made and the value or values (if any) at
which the assets, rights or liabilities are transferred.
6 Duties
Duty under the Duties Act 1997 is not chargeable in respect of:
(a) the transfer of assets, rights and liabilities to a person by an order
to which this Schedule applies, or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
registration of an interest in land).
Page 11
Infrastructure Implementation Corporation Bill 2005
Schedule 1 Transfer of assets, rights and liabilities
7 Transfer of interest in land
(1) An order to which this Schedule applies may transfer an interest in
respect of land vested in the transferor without transferring the whole of
the interests of the transferor in that land.
(2) If the interest transferred is not a separate interest, the order operates to
create the interest transferred in such terms as are specified in the order.
(3) This clause does not limit any other provision of this Schedule.
8 Determinations of Minister for purposes of orders
For the purposes of any order to which this Schedule applies, a
determination by the Minister as to which entity any assets, rights or
liabilities relate is conclusive.
9 Confirmation of vesting
(1) The Minister may, by notice in writing, confirm a transfer of particular
assets, rights and liabilities by operation of this Schedule.
(2) Such a notice is conclusive evidence of that transfer.
Page 12
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