Environmental Planning and Assessment Act 1979 No 203
Current version for 19 November 2014 to date (accessed 28 November 2014 at 02:54)
Part 2Division 1

Division 1 The Minister

7   Responsibility of Minister

Without affecting the functions that the Minister has apart from this section, the Minister is charged with the responsibility of promoting and co-ordinating environmental planning and assessment for the purpose of carrying out the objects of this Act and, in discharging that responsibility, shall have and may exercise the following functions:
(a)  to carry out research into problems of environmental planning and assessment and disseminate information including the issue of memoranda, reports, bulletins, maps or plans relating to environmental planning and assessment,
(b)  to advise councils upon all matters concerning the principles of environmental planning and assessment and the implementation thereof in environmental planning instruments,
(c)  to promote the co-ordination of the provision of public utility and community services and facilities within the State,
(d)  to promote planning of the distribution of population and economic activity within the State,
(e)  to investigate the social aspects of economic activity and population distribution in relation to the distribution of utility services and facilities, and
(f)  to monitor progress and performance in environmental planning and assessment, and to initiate the taking of remedial action where necessary.

8   Minister to be corporation sole for certain purposes

(1)  The Minister is, for the purpose of exercising those functions expressed to be conferred or imposed on the corporation by or under this or any other Act, hereby incorporated as a corporation sole with the corporate name “Minister administering the Environmental Planning and Assessment Act 1979”.
(2)  The corporation:
(a)  has perpetual succession,
(b)  shall have an official seal,
(c)  may take proceedings, and be proceeded against, in its corporate name,
(d)  may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the corporation is constituted, and
(e)  is, for the purpose of any Act, a statutory body representing the Crown.
(3)  The seal of the corporation shall not be affixed to any instrument or document except in the presence of the Minister, or an officer of the Department for the time being authorised by the Minister for the purpose, who shall attest by his or her signature the fact and date of the affixing of the seal.
(4)  All courts and persons acting judicially:
(a)  shall take judicial notice of the seal of the corporation that has been affixed to any instrument or document,
(b)  shall, until the contrary is proved, presume that the seal was properly affixed.
(5)  For the purposes of section 81 of the Public Works Act 1912, the corporation shall be deemed to be a Constructing Authority.

9   Power to acquire land etc

(1)  The corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Secretary by any environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  Without limiting the generality of subsection (1), the corporation may acquire in any manner authorised by that subsection:
(a)  any land to which an environmental planning instrument applies and which the Minister considers should be made available in the public interest for any purpose,
(b)  any land of which that proposed to be acquired under this Part forms part, or
(c)  any land adjoining or in the vicinity of any land proposed to be acquired under this Part, or
(d)  a leasehold or any other interest in land.
(3)  The corporation may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act and may agree to the condition of any such gift, devise or bequest.
(4)  The rule of law against remoteness of vesting shall not apply to any such condition to which the corporation has agreed.
(5)  Where the corporation acquires property under subsection (3):
(a)  neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Stamp Duties Act 1920, and
(b)  the property, or the value of the property, shall not be included in the dutiable estate of the donor or testator for the purposes of assessing death duty under that Act.

10   Application of Public Works Act 1912

(1)  For the purposes of the Public Works Act 1912, any acquisition of land under section 9 is taken to be for an authorised work and the corporation is, in relation to that authorised work, taken to be the Constructing Authority.
(2)  Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.

11   Functions of corporation

(1)  For the purposes of this Act, the corporation may, in such manner and subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with land vested in the corporation and grant easements or rights-of-way over that land or any part thereof.
(2)  Without affecting the generality of subsection (1), the corporation may, in any contract for the sale of land vested in it, include conditions for or with respect to:
(a)  the erection of any building on that land by the purchaser within a specified period,
(b)  conferring on the corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a),
(c)  conferring on the corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or requiring the purchaser to pay to the corporation a sum determined in a specified manner where the corporation does not exercise that option or right, or
(d)  the determination of the repurchase price payable by the corporation pursuant to a condition referred to in paragraph (b) or (c).
(3)  A condition included in a contract of sale pursuant to subsection (2) does not merge in the transfer of title to the land, the subject of the contract of sale, on completion of the sale.
(4)  In addition to other functions conferred or imposed on the corporation by or under this or any other Act, the corporation may, for the purposes of this Act:
(a)  manage land vested in the corporation,
(b)  cause surveys to be made and plans of surveys to be prepared in relation to land vested in the corporation or in relation to any land proposed to be acquired by the corporation,
(c)  (Repealed)
(d)  demolish, or cause to be demolished, any building on land vested in the corporation of which it has exclusive possession,
(e)  provide, or arrange, on such terms and conditions as may be agreed upon for the location or relocation of utility services within or adjoining or in the vicinity of land vested in the corporation,
(f)  subdivide and re-subdivide land and consolidate subdivided or re-subdivided land vested in the corporation,
(g)  set out and construct roads on land vested in the corporation or on land of which the corporation has exclusive possession, or on any other land with the consent of the person in whom it is vested,
(h)  erect, alter, repair and renovate buildings on and make other improvements to or otherwise develop land vested in the corporation or any other land, with the consent of a person in whom it is vested,
(i)  cause any work to be done on or in relation to any land vested in the corporation or any other land, with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument which applies to the land, and
(j)  by notification published in the Gazette, dedicate any land vested in the corporation as a reserve for public recreation or other public purposes and fence, plant and improve any such reserve.
(5)  (Repealed)
(6)  In the exercise of any function under subsection (4) (g), consultations are to be held with Roads and Maritime Services, the relevant council and such other persons as the Minister determines.
(7)  In relation to any land (whether vested in the corporation or not), the corporation may exercise any function that is necessary or convenient to be exercised in, or for any purpose of, the application of any part of a Development Fund referred to in Division 1 of Part 7.

12   Notification of interests

(1)  The Registrar-General shall, at the request of the corporation made in a manner approved by the Registrar-General and on payment of the fee prescribed under the Real Property Act 1900, make, in the Register kept under that Act, a recording appropriate to signify:
(a)  that land specified in the request is held subject to a condition authorised under section 11 (2), or
(b)  that a recording made pursuant to paragraph (a) has ceased to have effect.
(2)  The corporation shall not make a request pursuant to subsection (1) (a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General shall not be concerned to inquire whether any such request has been made for that purpose.
(3)  Where a recording pursuant to subsection (1) (a) has been made in respect of any land, the Registrar-General shall not register under the Real Property Act 1900 a transfer of that land to or by a person other than the corporation unless it would be so registrable if this Part had not been enacted and unless:
(a)  a recording pursuant to subsection (1) (b) has been made in respect of the land, or
(b)  the consent of the corporation to the transfer has been endorsed thereon.
(4)  When a recording is made pursuant to subsection (1) in respect of any land, the Secretary shall notify the council in whose area the land is situated of the recording.
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