Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
7 Responsibility etc of development corporation
(1) Subject to this Act, a development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre in respect of which it is constituted.(2) Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge the following powers, authorities, duties and functions:(a) to submit to the Minister such proposals with respect to the development and use of land within the growth centre in respect of which it is constituted, or the planning of the development and use of that land, as it considers necessary or appropriate, including proposals for the development and use of land in conjunction with the provision of utility services and public transport facilities for or in connection with the growth centre,(b) to consider, and furnish reports to and advise and make recommendations to the Minister upon, any matter or proposal with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, which may be referred to it by the Minister,(c) to carry out research into problems with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, and prepare and issue memoranda, reports, bulletins, maps or plans relating thereto or any other material,(d) to assist councils, which the development corporation considers may be affected, with respect to matters concerning the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre,(e) to exercise and discharge such other powers, authorities, duties and functions as are conferred or imposed on it by or under this or any other Act, and(f) to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise or discharge of its responsibilities, powers, authorities, duties and functions.
8 General powers of development corporation
(1) Subject to this Act, the Environmental Planning and Assessment Act 1979 and any other relevant Act a development corporation may, for the purposes of this Act:(a) manage land vested in the development corporation,(b) cause surveys to be made, and plans of survey to be prepared, in relation to any land vested in the development corporation,(c) (Repealed)(d) demolish, or cause to be demolished, any building within or adjoining or in the vicinity of the growth centre 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 the growth centre,(f) set apart land as sites for buildings or works or for religious, charitable or municipal purposes,(g) subdivide and re-subdivide land, and consolidate subdivided or re-subdivided land, vested in the development corporation,(h) set out and construct roads on land vested in the development corporation,(i) erect, alter, repair and renovate buildings on and make other improvements to land vested in the development corporation, or on any other land with the consent of the person in whom it is vested, and(j) cause any work to be done on or in relation to any land vested in the development 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 applying to the land.(2) (Repealed)
(1) A development corporation may, for the purposes of this Act, 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), a development corporation may, in accordance with that subsection, acquire:(a) any land within the growth centre in respect of which the development corporation is constituted which the corporation considers should be made available in the public interest for any purpose of the growth centre, or(b) any land of which the land proposed to be acquired under this Act forms part, or(c) any land adjoining or in the vicinity of any land proposed to be acquired under this Act, or(d) a leasehold or any other interest in land.
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 development 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.
(1) A development corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land vested in the development corporation, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over that land or any part thereof.(2) Notwithstanding subsection (1), the approval of the Minister shall not be required for a lease of land by the development corporation for a term which is less than three years.
(1) A development corporation may, by notification published in the Gazette, declare that it proposes to surrender to Her Majesty land described or referred to in the notification to be dedicated for any public purpose specified in the notification or, if so specified in the notification, as a public road.(2) When land described or referred to in a notification published in accordance with subsection (1) is surrendered, the land:(a) becomes Crown land reserved from sale, lease or licence under the Crown Lands Act 1989, and(b) on revocation of the reservation, may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road, as the case requires.(3) A development corporation may, in a notification published pursuant to subsection (1), limit the description of, or reference to, land to a specified depth below the surface thereof and, where such a description or reference is so limited, subsection (2) does not apply to or in respect of land below the depth so specified.
(1) Subject to this section, where the lease of a building site contains a covenant on the part of the lessee not to commence the erection of a building on the building site, or any work preparatory or incidental thereto, without the written consent of a development corporation:(a) the development corporation may give its consent upon the application of a person entitled to apply to a council for its approval to the erection of a building on the building site, and(b) the development corporation may impose conditions in giving its consent.(2) A development corporation shall not give a consent pursuant to subsection (1) unless:(a) the application therefor is accompanied by such plans and specifications of the building in respect of which the consent is sought, and such other information in respect of that building, as may be prescribed or as the development corporation may require, and(b) the application therefor and the accompanying plans and specifications and other information disclose that the building in all respects will be in conformity with the planning scheme or interim development order that applies to or in respect of the building and with the approved scheme applicable to the growth centre in respect of which the development corporation is constituted, as to:(i) the use to which the building will be put,(ii) the height and general external design and appearance of the building,(iii) the area of the building site to be covered by the building, and(iv) the situation of the building in relation to the boundaries of the building site.(3) (Repealed)
A development corporation shall, as soon as practicable after it is constituted, submit to the Minister proposals referred to in section 7 (2) (a).
(1) The Minister shall consider the proposals so submitted and may then direct the development corporation:(a) to proceed with the scheme constituted by the proposals,(b) to proceed with that scheme with such alterations as the Minister deems expedient and notifies in writing to the development corporation, or(c) not to proceed with that scheme, but to submit another scheme for the Minister’s consideration.(2) If, pursuant to subsection (1) (c), the Minister directs the development corporation to submit another scheme, the development corporation shall comply with the direction within such period as the Minister may allow, and subsection (1) applies to and in respect of that other scheme as if it were the original scheme.(3) Where the Minister gives a direction under subsection (1) (a) or (b), the scheme in respect of which the direction is given shall constitute the approved scheme for the growth centre to which it relates for the purposes of this Act.
16 Variation of approved scheme
(1) A development corporation may recommend to the Minister that the approved scheme for the growth centre in respect of which the development corporation is constituted be varied in the manner specified in the recommendation.(2) The Minister shall consider any such recommendation and may then direct the development corporation:(a) to vary the approved scheme as recommended by the development corporation,(b) to vary the approved scheme with such alterations, arising out of the Minister’s consideration of the development corporation’s recommendation, as the Minister deems expedient and notifies in writing to the development corporation, or(c) not to vary the approved scheme.(3) Where the Minister gives a direction pursuant to subsection (2) (a) or (b), the approved scheme, as varied in accordance with the direction, shall be the approved scheme for the purposes of this Act.
17 Implementation of approved scheme
The development corporation constituted in respect of a growth centre to which an approved scheme relates shall, as soon as practicable, cause the scheme to be implemented by the exercise of its powers under this Act.
18 Development corporation may enter into contracts
(1) A development corporation may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or discharge by the development corporation of its responsibilities, powers, authorities, duties and functions.(2) A contract under subsection (1) may provide for:(a) the whole or part of any works to be undertaken by the development corporation,(b) the whole or any part of the cost of any works to be paid by the development corporation,(c) a loan to be made by the development corporation to meet the whole or any part of the cost of any works, or(d) the development corporation to pay the costs of providing any services during a specified period.(3) A development corporation may enter into a contract with any person for the construction on land vested in the development corporation or that person, or in the development corporation and that person, of buildings suitable for occupation, or works, for the purposes of the growth centre in respect of which the development corporation is constituted, and the sale, lease or exchange of any such land together with the buildings or works thereon.(4) A contract under this section shall be deemed for the purposes of the Constitution Act 1902 to be a contract for or on account of the Public Service of New South Wales.
19 Development corporation may enter into arrangement with other public authorities
(1) A development corporation may enter into an arrangement or agreement with any public authority whereby:(a) that public authority shall act as agent of the development corporation for the purposes of this Act, or(b) the development corporation shall act as agent of that public authority for the purposes of this Act,on such terms and conditions as are agreed upon between the development corporation and the public authority.(2) (Repealed)
21 Arrangements as to use of officers or facilities by development corporation
(1) For the purpose of exercising and discharging its responsibilities, powers, authorities, duties and functions, a development corporation may, with the approval of the Minister and of the Department concerned and on such terms as may be arranged, make use of the services of any officers or employees or the facilities of any Government Department.(2) For the like purpose, a development corporation may, with the approval of the Minister and of the public authority concerned, and on such terms as may be arranged, make use of the services of any officers, employees or servants or the facilities of any public authority.
22 Consultation and negotiation
In the exercise and discharge of its responsibilities, powers, authorities, duties and functions, a development corporation shall, as far as practicable:(a) consult with public authorities and Government Departments whose responsibilities, powers, authorities, duties and functions include those of the same or of a similar nature, and(b) negotiate with any such authorities and Departments for the purpose of arranging or providing services and facilities in the growth centre in respect of which the development corporation is constituted.
23 Development corporation to prepare annual statement of business intent and other plans and reports
(1) A development corporation is to prepare an annual statement of business intent and submit that statement to the Minister and the Treasurer at such times as the Minister directs.(2) A statement of business intent is to set out the business plan of the development corporation over the following year (or other period as may be required by the Minister) and is to include each of the following:(a) the objectives of the corporation,(b) the intended nature of its activities, including the intended scope of those activities,(c) the corporation’s performance targets,(d) the corporation’s accounting and reporting policies and practices,(e) details of the corporation’s activities in connection with determining, allocating and administering contributions under Divisions 6 and 6A of Part 4 of the Environmental Planning and Assessment Act 1979,(f) any other matter required by the Minister.(3) A development corporation is to prepare and submit to the Minister and Treasurer such other statements, reports and plans as may be specified in writing by the Minister.(4) If the Minister or the Treasurer is not satisfied with a statement, report or plan submitted under this section, the Minister may direct the relevant development corporation to amend and resubmit the statement, report or plan in the manner and time specified.