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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 25 August 2017 to date (accessed 20 September 2017 at 06:35)
Part 2
Part 2 Administration
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 employee 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.
Division 2 The Secretary
13   Secretary of Department of Planning and Environment
(1)    (Repealed)
(2)  The Secretary shall, in the exercise of any function conferred upon the Secretary by or under this Act (except in relation to the contents of a recommendation or report made by the Secretary to the Minister), be subject to the control and direction of the Minister.
(3)    (Repealed)
(4)  A reference in any Act or statutory instrument, or in any other instrument, to the Director of Environment and Planning or to the Director of Planning or to the Director-General of the Department of Urban Affairs and Planning is to be read as a reference to the Secretary.
(5)  A reference in any environmental planning instrument, or any regulation or other instrument made under this Act, to the Director is taken to be a reference to the Secretary.
14   (Repealed)
15   Functions of the Secretary
In addition to the functions conferred or imposed on the Secretary by or under this or any other Act, the Secretary may, for the purposes of this Act:
(a)  submit to the Minister such proposals with respect to environmental planning and assessment as the Secretary considers necessary or appropriate, including proposals for the development and use of land, whether or not in conjunction with the provision of utility services and public transport facilities, and
(b)  consider and furnish reports to and advise and make recommendations to the Minister upon any matter or proposal relating to the development and use of land or to environmental planning and assessment which may be referred to the Secretary by the Minister.
Division 3 The Department
16   (Repealed)
17   Use of services of public authorities
For the purpose of exercising any functions of the Minister, corporation, Department or Secretary under this or any other Act, the Secretary 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 of any public authority.
Division 4
18  (Repealed)
Division 5 Committees
19–21   (Repealed)
22   Establishment of other committees
(1)  The Minister or Secretary may establish committees, in addition to those established by this Act.
(2)  The functions of a committee established under subsection (1) are to be as specified in the instrument by which the committee is established, and (without limitation) may include:
(a)  the investigation of any matter relevant to the administration or execution of this Act, and
(b)  the preparation of advice, opinions or recommendations with respect to any such matter for the Minister, the Secretary, a consent authority or any other person or body engaged in the administration of this Act.
(3)  The person who establishes a committee under this section may appoint one of the members as Chairperson of the committee.
(4)  The regulations may make provision for or with respect to the following matters:
(a)  the procedures of committees in exercising their functions,
(b)  the remuneration payable to committee members and alternate members,
(c)  the appointment of alternate members for committee members and the functions of alternate members,
(d)  the appointment and procedures of subcommittees in exercising their functions.
(5)  A committee established under subsection (1) is, for the purpose of any Act, a statutory body representing the Crown.
Division 6 Delegation
23   Delegation
(1)  The Minister, corporation or Secretary may, by instrument in writing, under seal (in the case of the corporation), delegate any of the Minister’s, the corporation’s or the Secretary’s functions conferred or imposed by or under this or any other Act as are specified in the instrument to:
(a)  any employee of the Department,
(b)  any person of whose services the Secretary makes use in pursuance of this or any other Act,
(c)    (Repealed)
(c1)  a development corporation under the Growth Centres (Development Corporations) Act 1974 or an officer or employee of any such corporation for the purposes of that Act,
(c2)  any other public authority or an officer or employee of any other public authority,
(d)  a council,
(e)  an officer or employee of a council,
(e1)  the Greater Sydney Commission,
(f)  the Planning Assessment Commission, or
(g)  a joint regional planning panel,
and may, by such an instrument, revoke wholly or in part any such delegation.
(1A)  The Planning Assessment Commission may, by instrument in writing and with the approval of the Minister, delegate any of the Commission’s functions conferred or imposed by or under this or any other Act.
(1B)  A joint regional planning panel may, by instrument in writing and with the approval of the Minister, delegate any of the panel’s functions conferred or imposed by or under this or any other Act to a council for an area situated wholly or partly in a part of the State for which the panel is appointed.
(2)  A function, the exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.
(3)  A delegation under this section may be made subject to such conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.
(4)  Notwithstanding any delegation under this section, the Minister, corporation, Secretary, Commission or panel, as the case may be, may continue to exercise all or any of the functions delegated.
(5)  Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the Minister, corporation, Secretary, Commission or panel, as the case may be, and shall be deemed to have been done or suffered by the Minister, corporation, Secretary, Commission or panel, as the case may be.
(6)  An instrument purporting to be signed by a delegate of the Minister, corporation, Secretary, Commission or panel, in the capacity as such a delegate, shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Minister, corporation, Secretary, Commission or panel, as the case may be, under seal (in the case of the corporation), and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Minister, corporation, Secretary, Commission or panel, as the case may be, under this section.
(7)  The Secretary shall cause to be published in the Gazette a notice setting out the details of any instrument referred to in subsection (1), but this subsection does not affect the provisions of subsection (1).
(8)  Nothing in this section authorises the delegation of:
(a)  the power of delegation conferred by this section, or
(a1)    (Repealed)
(a2)  the functions of the Minister under Part 5.1 of determining an application for approval to carry out critical State significant infrastructure, or
(b)  any function of the Minister conferred by section 80 (7), 117 or 118 or by section 130 (4).
(9)  Any matter or thing done and any contract entered into by a person acting in accordance with a delegation under this section shall not, if the matter or thing was done or the contract was entered into in good faith for the purpose of exercising the function delegated, subject the person to any action, liability, claim or demand.