Division 1 Constitution of Sydney Ferries
35A Constitution of Sydney Ferries
(1) There is constituted by this Act a corporation with the corporate name of Sydney Ferries.(2) Sydney Ferries is a NSW Government agency.
Division 2 Objectives of Sydney Ferries
35B Objectives of Sydney Ferries
(1) The principal objective of Sydney Ferries is to deliver safe and reliable Sydney ferry services in an efficient, effective and financially responsible manner.(2) The other objectives of Sydney Ferries are as follows:(a) to be a successful business and, to that end:(i) to operate at least as efficiently as any comparable business,(ii) to maximise the net worth of the State’s investment in Sydney Ferries,(b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,(c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,(d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.(3) The other objectives of Sydney Ferries are of equal importance, but are not as important as the principal objective of the corporation.(4) (Repealed)
Division 3 Functions of Sydney Ferries
(1) Sydney Ferries is to operate Sydney ferry services.(2) Sydney Ferries is to continue to operate the Sydney ferry services which were provided by the State Transit Authority immediately before the commencement of this section.(3) Subsection (2) does not limit the power of Sydney Ferries:(a) to establish any new Sydney ferry service, or(b) to alter or discontinue any of its Sydney ferry services.(4) The operation of a ferry service by Sydney Ferries is subject to the requirements of the Passenger Transport Act 1990.
Sydney Ferries may operate other transport services, including bus services, whether or not in connection with its ferry services.
35E Other functions of Sydney Ferries
(1) Sydney Ferries has the functions conferred or imposed on it by or under this or any other Act.(2) Sydney Ferries may:(a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and(b) provide facilities or services that are ancillary to or incidental to its functions, and(c) acquire and develop any land, and(d) acquire or build, and maintain or dispose of, any engines, vessels, vehicles, plant, machinery or equipment, and(e) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials, and(f) make and enter into contracts or arrangements with any person for the operation by that person, on such terms as may be agreed on, of any of Sydney Ferries’ ferry or other transport services or of any of Sydney Ferries’ businesses, and(g) appoint agents, and act as agents for other persons.
35EA Sale, lease or other disposal of land
(1) Sydney Ferries may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.(2) Despite subsection (1), the approval of the Minister is not required:(a) for any lease for a term not exceeding 5 years, or(b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.(3) (Repealed)
35F Acquisition of land by Sydney Ferries
(1) Sydney Ferries may, for any purposes of Sydney Ferries, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable Sydney Ferries to exercise its functions in relation to land under this Act.(3) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be an authorised work and Sydney Ferries is, in relation to that authorised work, taken to be the Constructing Authority.(4) Sydney Ferries may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Director-General.(5) Any such acquisition is not void merely because it is expressed to be for the purposes of Sydney Ferries or for the purposes of this Act.(6) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes of this section.
This Division does not limit the functions of Sydney Ferries apart from this Division, but is subject to the provisions of this Act and any other Act or law.
Division 4 Management of Sydney Ferries
35J Chief Executive of Sydney Ferries
The Director-General may, with the approval of the Minister, appoint a Chief Executive of Sydney Ferries.Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Ferries.
35K Chief Executive to manage Sydney Ferries
(1) The affairs of Sydney Ferries are to be managed and controlled by the Chief Executive of Sydney Ferries in accordance with any directions of the Director-General under section 3D.(2) Any act, matter or thing done in the name of, or on behalf of, Sydney Ferries by the Chief Executive is taken to have been done by Sydney Ferries.
35M Sydney Ferries to supply information to Minister
Sydney Ferries must:(a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and(b) keep the Minister informed of the general conduct of its activities, and of any significant development in its activities.
(1) Sydney Ferries must, at least 3 months before the beginning of each financial year of Sydney Ferries, prepare and deliver to the Director-General a draft corporate plan for the financial year.(2) Sydney Ferries must:(a) consider any comments on the draft corporate plan that were made by the Director-General within 2 months after the draft plan was delivered to the Director-General, and(b) deliver the completed corporate plan to the Director-General before the beginning of the financial year concerned.(3) During the preparation of a corporate plan after the commencement of this subsection, Sydney Ferries is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.(4) Sydney Ferries is to make the completed corporate plan available for public inspection. However, Sydney Ferries is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the Government Information (Public Access) Act 2009.(5) Sydney Ferries must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.(6) A corporate plan is to specify:(a) the separate activities of Sydney Ferries and, in particular, the separate commercial and non-commercial activities, and(b) the objectives of each such separate activity for the financial year concerned and for future financial years, and(c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and(d) the targets and criteria for assessing Sydney Ferries’ performance.(7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or the Director-General under this Act).
35QA Delegation of functions of Sydney Ferries
(1) Sydney Ferries may delegate to an authorised person any of its functions, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by Sydney Ferries if the delegate is authorised in writing to do so by Sydney Ferries.(3) In this section, authorised person means:(a) an officer of Sydney Ferries, or(b) a person of a class prescribed by the regulations or approved by the Director-General.
(Repealed)