State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 No 122
Repealed version for 10 December 2008 to 1 November 2009 (accessed 22 December 2014 at 18:04)
Schedule 11

Schedule 11 Amendment of planning legislation

(Section 3)

11.1 Environmental Planning and Assessment Amendment Act 2008 No 36

[1]   Schedule 3.1 Amendment of Environmental Planning and Assessment Act 1979

Insert “(or other area of land)” after “growth centre” in proposed section 116F (7) (a) in Schedule 3.1 [6].

[2]   Schedule 3.1 [6], note following proposed section 116F (7) (a)

Insert “The other areas of land referred to in this paragraph are former growth centres.” after “Fund.”.

[3]   Schedule 3.1 [7], proposed clause 13 (4)

Insert “(or other area of land)” after “growth centre”.

[4]   Schedule 3.1 [7], note following proposed clause 13 (4)

Insert “The other areas of land referred to in this subclause are former growth centres.” after “Fund.”.

[5]   Schedule 3.2 Amendment of Growth Centres (Development Corporations) Act 1974 No 49

Insert “(or other area of land)” after “growth centre” in proposed section 25 (3) (a) in Schedule 3.2 [1].

[6]   Schedule 3.2 [1], proposed section 25 (8)

Omit the subsection. Insert instead:
  
(8)  The Secretary of the Treasury may delegate any function of the Secretary under this section (other than this power of delegation) to:
(a)  in the case of a growth centre that is specified in Schedule 3—the chief executive of the development corporation constituted for the growth centre, or
(b)  in the case of any other area of land specified in Schedule 3—the Director-General.

[7]   Schedule 3.2 [1], proposed section 26 (1) (b) and (c)

Insert “or other area of land” after “growth centre” wherever occurring.

[8]   Schedule 3.2 [2], item 1 of proposed Schedule 3

Omit the item. Insert instead:
  

1   The land shown edged heavy red on the map entitled “North West Growth Centre—Community Infrastructure Trust Fund Area” and on the map entitled “South West Growth Centre—Community Infrastructure Trust Fund Area”, copies of which are deposited in the office of the Department of Planning.

Note. Both these areas of land were formerly listed as growth centres under this Act.

Explanatory note

The proposed amendments in Schedule 11.1 are consequential on the amendments contained elsewhere in this Schedule to the Growth Centres (Development Corporations) Act 1974 that provide for the abolition of the Growth Centres Commission (the GCC). The growth centres in respect of which the GCC is currently constituted (ie the North West and South West growth centres) will no longer be “growth centres” because of the abolition of the GCC but will, for the purposes of the uncommenced provisions contained in Schedule 3 to the Environmental Planning and Assessment Amendment Act 2008 that relate to the payment of community infrastructure contributions, be listed as Community Infrastructure Trust Fund areas.

11.2 Environmental Planning and Assessment Regulation 2000

Clause 276 Growth Centres SEPP—release of precinct for urban development and planning process for the precinct

Omit “the Growth Centres Commission,” from clause 276 (3).

Explanatory note

The proposed amendment in Schedule 11.2 is consequential on the abolition of the GCC.

11.3 Growth Centres (Development Corporations) Act 1974 No 49

[1]   Section 5 Amendment of Schedule 1 (Growth centres and development corporations)

Omit section 5 (6).

[2]   Schedule 1 Growth centres and development corporations

Omit the matter relating to the Growth Centres Commission.

[3]   Schedule 1A Dissolutions, amalgamations and changes of name or nature of governance

Insert after clause 4 (1) (d):
  
(d1)  the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the order giving rise to the transfer, whether or not those entitlements and obligations were actual or potential at the time the order took effect,

[4]   Schedule 6 Savings, transitional and other provisions

Insert at the end of clause 3 (1):
  

State Revenue and Other Legislation Amendment (Budget Measures) Act 2008, to the extent that it amends this Act

[5]   Schedule 6, clause 5 (2) (d) and (e)

Omit “(other than the Growth Centres Commission)” wherever occurring.

[6]   Schedule 6, clause 5 (2) (f)

Omit the paragraph.

[7]   Schedule 6, clause 7

Omit the clause.

[8]   Schedule 6, Part 3

Insert after Part 2:
  

Part 3 State Revenue and Other Legislation Amendment (Budget Measures) Act 2008

8   Interpretation

In this Part:

instrument has the same meaning as in clause 1 of Schedule 1A.

relevant corporation means the corporation constituted under section 8 (1) of the Environmental Planning and Assessment Act 1979.

9   Dissolution of Growth Centres Commission

On the commencement of this clause (as inserted by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008):
(a)  the Growth Centres Commission is dissolved, and
(b)  the chief executive of the Growth Centres Commission ceases to hold office and for that purpose is taken to have been removed from office under section 77 of the Public Sector Employment and Management Act 2002, and
(c)  the assets, rights and liabilities of the Growth Centres Commission are transferred to the relevant corporation.

10   Transfer of assets, rights and liabilities to relevant corporation

(1)  The following provisions have effect in relation to the transfer under clause 9 of the assets, rights and liabilities of the Growth Centres Commission (the transferor) to the relevant corporation (the transferee):
(a)  the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b)  the rights or liabilities of the transferor become by virtue of this clause the rights or liabilities of the transferee,
(c)  all proceedings relating to the 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 the assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent to which 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)  the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for this clause, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,
(f)  a reference in any instrument made under any Act or in any document of any kind (other than an instrument of appointment) to the Growth Centres Commission or to the chief executive of the Growth Centres Commission is taken to include a reference to:
(i)  if the reference is used in relation to the operational functions of the Growth Centres Commission—the Director-General of the Department of Planning, or
(ii)  in any other case—the transferee.
(2)  For the purpose of subclause (1) (f), the operational functions of the Growth Centres Commission include functions under this Act, the Environmental Planning and Assessment Act 1979 or the Threatened Species Conservation Act 1995, or any other Act, that relate to the following:
(a)  promoting, co-ordinating, managing or securing the orderly and economic use and development of the areas of land comprising the former North West and South West Growth Centres (including, but not limited to, matters relating to precinct planning and development contributions),
(b)  protecting, conserving or enhancing the environment within those areas of land or any areas that are related to those areas.
(3)  The regulations made under clause 3 of this Schedule may provide that a reference in any specified instrument or other document to the Growth Centres Commission is taken to include a reference to:
(a)  the relevant corporation, or
(b)  the Director-General of the Department of Planning.
(4)  Any such regulation has effect despite subclause (1) (f) and may take effect on a date that is earlier than the date of its publication in the Gazette.
(5)  The operation of this clause 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, or
(d)  as an event of default under any contract or other instrument.
(6)  No attornment to the transferee by a lessee from the transferor is required.
(7)  No compensation is payable to any person or body in connection with the transfer.
(8)  Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a)  the transfer, or
(b)  anything certified by the Minister as having been done in consequence of the transfer (for example, the transfer or conveyance of an interest in land).

11   Transfer of assets and liabilities—validation

(1)  Schedule 1A, as amended by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008, extends to any transfer of assets, rights or liabilities, consequent on an order to which that Schedule applies, that was made at any time before the commencement of the amendment.
(2)  For that purpose:
(a)  the amendment is taken to have been in force when the relevant transfers occurred, and
(b)  any such transfer is taken to have been validly made if it could have been made after that commencement.
(3)  This clause does not apply to any transfer to the extent that it is affected by any proceedings of a court that were finally determined before that commencement.
(4)  For the purposes of this clause, proceedings are not finally determined if:
(a)  any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or
(b)  any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).

Explanatory note

Item [1] of the proposed amendments in Schedule 11.3 removes a provision that prevents a growth centre from being dissolved by order of the Governor under section 5 of the Growth Centres (Development Corporations) Act 1974 (the GC Act) unless the Minister is satisfied that the development corporation for the growth centre has substantially completed its planning and development functions in respect of the growth centre.

Item [2] has the effect of dissolving the Growth Centres Commission (the GCC) as a development corporation and abolishing, as growth centres under the GC Act, the areas of land currently comprising the North West and South West Growth Centres. Both these areas of land will still be listed as Community Infrastructure Trust Fund areas under proposed Schedule 3 to the GC Act (to be inserted by the Environmental Planning and Assessment Amendment Act 2008). Items [5]–[7] are consequential on the abolition of the GCC.

Item [3] makes it clear that when an order is made under the GC Act to dissolve a development corporation, the vesting of the dissolved corporation’s assets, rights and liabilities in the transferee will include all obligations and entitlements in relation to those assets, rights and liabilities that the dissolved corporation would have had but for the order.

Item [4] enables regulations of a savings and transitional nature to be made as a consequence of the amendments being made by the proposed Act to the GC Act.

Item [8] contains provisions relating to the abolition of the GCC, the transfer of its assets, rights and liabilities to the Ministerial corporation constituted under the Environmental Planning and Assessment Act 1979 and other matters of a savings or transitional nature.

11.4 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

[1]   Clause 3 Interpretation

Insert at the end of the definition of growth centre in clause 3 (1):
  
Note. Both of these areas of land are no longer growth centres under the Growth Centres (Development Corporations) Act 1974 but continue to be referred to as growth centres for the purposes of this Policy.

[2]   Clause 4 Consent authority

Omit “(such as the Growth Centres Commission)” from the note at the end of the clause.

[3]   Clause 15 Acquisition of land zoned under this Part

Omit “, except as provided by paragraph (b)” from clause 15 (a).

[4]   Clause 15 (b)

Omit the paragraph.

[5]   Clause 17 Referral to Department of Planning after release of precinct

Omit “Growth Centres Commission” from clause 17 (2) and (3) wherever occurring.

Insert instead “Director-General of the Department of Planning”.

[6]   Clause 17 (3)

Omit “the Commission”. Insert instead “the Director-General”.

Explanatory note

The proposed amendments in Schedule 11.4 are consequential on the abolition of the GCC.

11.5 Strata Schemes (Leasehold Development) Act 1986 No 219

Section 4 Definitions

Omit the definition of local council in section 4 (1). Insert instead:
  

local council, in relation to land, means:

(a)  the council of the area under the Local Government Act 1993 in which the land is situated, or
(b)  if a person is declared by the regulations to be the local council for that land for the purposes of any specified provision of this Act—the person so declared.

Explanatory note

The proposed amendment in Schedule 11.5 has the effect that the Sydney Harbour Foreshore Authority will no longer be the local council for the purposes of issuing strata certificates under section 66 of the Strata Schemes (Leasehold Development) Act 1986 in relation to certain land vested in that Authority.
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