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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 1 November 2019 to date (accessed 18 November 2019 at 14:28)
Chapter 12 Part 6 Division 2
Division 2 Restrictions relating to public-private partnerships
400E   General requirements
(1)  A council must not—
(a)  enter into a public-private partnership, or
(b)  carry out any project under a public-private partnership,
except in accordance with this Part.
(2)  Without limiting subsection (1), a council is required to comply with the PPP guidelines at all times while carrying out a project under a public-private partnership.
400F   Council to provide assessment of PPP project to Departmental Chief Executive
(1)  A council must not enter into a public-private partnership unless the council has provided the Departmental Chief Executive with an assessment of the project to be carried out under the partnership.
(2)  In providing such an assessment, the general manager of the council is required to certify that it has been prepared in accordance with the PPP guidelines.
(3)  If—
(a)  the project to be carried out under the public-private partnership is a significant project, or
(b)  the Departmental Chief Executive is of the opinion, having regard to the criteria specified in the PPP guidelines, that the project has a high risk,
the Departmental Chief Executive is to advise the council that the project is required to be referred to the Project Review Committee for review.
(4)  If the Departmental Chief Executive advises the council that the project is not required to be referred to the Project Review Committee, the council is entitled—
(a)  subject to obtaining the Minister’s consent under section 358(1)(a), to enter into the public-private partnership, and
(b)  subject to this Division, to carry out the project that is the subject of the assessment.
400G   Minister may require PPP project to be referred to Project Review Committee
(1)  The Minister may direct a council to refer any project that is to be carried out, or is being carried out, under a public-private partnership to the Project Review Committee for review.
(2)  Any such direction—
(a)  may be given at any stage in the process of entering into the public-private partnership or in the carrying out of the project under the partnership, and
(b)  must be complied with by the council.
(3)  A direction may be given under this section only if the Minister is of the opinion that the council concerned has not complied with the PPP guidelines in relation to entering into the public-private partnership or carrying out the project.
400H   Departmental Chief Executive may require council to provide assessment of varied PPP project
(1)  If the Departmental Chief Executive is of the opinion that a project that is to be carried out, or is being carried out, under a public-private partnership has been, or is proposed to be, varied in a significant manner, the Departmental Chief Executive may require the relevant council to provide the Departmental Chief Executive with an assessment of the project as varied or proposed to be varied. Section 400F(2) applies in relation to any such assessment.
(2)  If the Departmental Chief Executive is of the opinion that the project has or will become—
(a)  a significant project, or
(b)  a high risk project (having regard to the criteria specified in the PPP guidelines),
the Departmental Chief Executive is to advise the council that the project is required to be referred to the Project Review Committee for review.
(3)  The relevant council must comply with a direction under subsection (1).
400I   Review of PPP project by Project Review Committee
(1)  If a project is required or directed to be referred to the Project Review Committee for review, the relevant council must not enter into a public-private partnership to carry out the project, or proceed with the carrying out of the project under a public-private partnership, unless—
(a)  the relevant council has provided the Project Review Committee with an assessment of the project in accordance with the PPP guidelines, and
(b)  the Project Review Committee has reviewed the project and is satisfied that the requirements of the PPP guidelines have been complied with in relation to the project.
(2)  The relevant council has the responsibility of demonstrating to the Project Review Committee, in conducting its review of the project, that the requirements of the PPP guidelines have been complied with in relation to the project.
(3)  If the Project Review Committee advises the council that the Committee is satisfied that the requirements of the PPP guidelines have been complied with in relation to the project, the council is entitled—
(a)  to enter into the public-private partnership (if it has not already entered into it), or
(b)  subject to this Division, to proceed with the carrying out of the project.
(4)  The Project Review Committee’s decision as to whether or not the relevant council has complied with the requirements of the PPP guidelines in relation to a project is final and cannot be reviewed by any court or tribunal.