Local Government Act 1993 No 30
Historical version for 18 February 2011 to 24 February 2011 (accessed 20 December 2014 at 09:45) Current version

Division 1 Preliminary

400B   Definitions

(1)  For the purposes of this Act, a public-private partnership means an arrangement:
(a)  between a council and a private person to provide public infrastructure or facilities (being infrastructure or facilities in respect of which the council has an interest, liability or responsibility under the arrangement), and
(b)  in which the public infrastructure or facilities are provided in part or in whole through private sector financing, ownership or control,
but does not include any such arrangement if it is of a class that has been excluded from the operation of this Part by the regulations.
(1A)  For the purposes of subsection (1), the provision of public infrastructure or facilities includes the delivery of services during the carrying out of any project under the public-private partnership.
(2)  In this Part:

arrangement includes a contract or understanding (whether or not involving the formation of an entity).

entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated).

PPP guidelines means the guidelines in force from time to time under section 400C.

private person means any person other than:

(a)  the Government (including the State, the Crown and a Minister of the Crown), or
(b)  a public or local authority (including a council or a State owned corporation), or
(c)  a public sector employee or other person or body acting in an official capacity on behalf of the Government or a public or local authority.

relevant council, in relation to public-private partnership or proposed public-private partnership, means the council that has entered into, or is proposing to enter into, the partnership.

significant project means:

(a)  any project with an estimated total cost of more than $50 million or such other amount as may be prescribed by the regulations, or
(b)  any project in respect of which the relevant council’s financial contribution, or its equity position, amounts to 25% or more of the council’s annual revenue that is lawfully available for spending on facilities or services of the kind to which the project relates.

(3)  In determining a relevant council’s financial contribution or equity position in relation to a project for the purposes of this Part, all elements of the project that the council provides are to be taken into account, including land value, the provision of non-monetary goods and services and any costs associated with the council’s contractual liability in the event of the council incurring a loss under the project.
(4)  For the purposes of this Part, a project under a public-private partnership that is carried out in stages is to be treated as a single project. The PPP guidelines may also specify other circumstances in which related projects carried out under a public-private partnership are to be treated as a single project for the purposes of this Part.

400C   Guidelines to be followed by councils in relation to public-private partnerships

(1)  The Director-General may from time to time issue guidelines requiring specified procedures and processes to be followed by councils in relation to entering into, and carrying out projects under, public-private partnerships.
(2)  Without limitation, the PPP guidelines may contain provisions requiring:
(a)  feasibility and risk assessment, and
(b)  the identification of appropriate governance and administrative arrangements (including appropriate management structures and auditing requirements), and
(c)  the undertaking of on-going risk management measures, and
(d)  due diligence in the carrying out of projects under public-private partnerships.

400D   Ancillary provisions relating to PPP guidelines

(1)  The PPP guidelines are to be made available to councils in such manner as the Director-General thinks appropriate.
(2)  The Director-General may from time to time amend or replace the PPP guidelines.
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