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Contents (2009 - 2)
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Barangaroo Act 2009 No 2
Current version for 1 July 2019 to date (accessed 6 December 2019 at 09:27)
Part 3
Part 3 Functions
Division 1 Principal functions
14   Principal functions of Infrastructure NSW under this Act
(1)  Infrastructure NSW has the following functions under this Act:
(a)  to promote, procure, facilitate and manage the orderly and economic development and use of Barangaroo, including the provision and management of infrastructure,
(b)  to promote, procure, organise, manage, undertake, secure, provide and conduct cultural, educational, residential, commercial, transport, tourist and recreational activities and facilities at Barangaroo,
(c)  to develop and manage the Barangaroo Reserve and public domain so as to encourage its use by the public and to regulate the use of those areas,
(d)  to facilitate and provide for appropriate commercial activities within the Barangaroo Reserve and public domain that are consistent with their use for cultural, educational and recreational activities and the use and enjoyment of those areas by the public,
(e)  to promote development within Barangaroo that accords with best practice environmental and town planning standards, is environmentally sustainable and applies innovative environmental building and public domain design,
(f)  to liaise with Government agencies with respect to the co-ordination and provision of infrastructure associated with Barangaroo,
(g)  to undertake the delivery of infrastructure associated with Barangaroo or that relates to the principal functions under this Act of Infrastructure NSW.
(2)    (Repealed)
(3)  Infrastructure NSW is not limited to exercising its functions under this Act on or in relation to land within Barangaroo.
(4)  Infrastructure NSW may only exercise its functions under this Act with respect to land outside Barangaroo with the approval of the Minister.
15   (Repealed)
Division 2 Ancillary functions
16   Acquisition of land
(1)  Infrastructure NSW may acquire land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and Infrastructure NSW is, in relation to that authorised work, taken to be the Constructing Authority.
(3)  Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
17   Land dealings
(1)  Infrastructure NSW has no power to sell or exchange the whole or any part of any land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve), or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2)  However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, mortgage, lease or otherwise dispose of an interest (other than the fee simple) in land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve) and grant easements or rights-of-way over land vested in Infrastructure NSW or any part of it.
(3)  This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4)  Infrastructure NSW must establish and maintain a public register of all land that is, from time to time, vested in or managed by Infrastructure NSW under this Act.
(5)  A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
18   Restrictions on disposal of Barangaroo Reserve
(1)  Infrastructure NSW has no power to sell or exchange the whole or any part of the Barangaroo Reserve, or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2)  However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, lease, mortgage or otherwise dispose of an interest (other than the fee simple) in the Barangaroo Reserve or affect or create an estate or interest in the Barangaroo Reserve.
(3)  This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4)  A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
19   Dedication of land
(1)  Infrastructure NSW may, by notification published in the Gazette, declare that it proposes to surrender land described or referred to in the notification to the Crown to be dedicated:
(a)  for any public purpose specified in the notification, or
(b)  if so specified in the notification, as a public road.
(2)  When the land is surrendered:
(a)  it becomes Crown land reserved from sale, lease or licence under the Crown Land Management Act 2016, and
(b)  on revocation of the reservation, it 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.
(3)  Infrastructure NSW may, in a notification published under subsection (1), limit the description of, or reference to, land to a specified depth below the surface of the land. If the description or reference is so limited, subsection (2) does not apply to land below the specified depth.
(4)  Infrastructure NSW may, by notification published in the Gazette, declare any elevated or subterranean structure owned by Infrastructure NSW that continues the line of a public road to be a public road. On the publication of the notification in the Gazette, the structure, except in relation to any vesting of the structure, is taken to be a public road.
20   Roads
(1)  A road that is within Barangaroo cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of Infrastructure NSW.
(2)  Except as provided by subsection (1), this Part does not affect the application of the Roads Act 1993 or any other Act to a road that is within Barangaroo.
(3)  Infrastructure NSW is a roads authority for the purposes of the Roads Act 1993 in respect of the public roads vested in it.
21   Acquisition of property by gift, devise or bequest
(1)  Infrastructure NSW may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.
(2)  The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which Infrastructure NSW has agreed.
(3)  The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to Infrastructure NSW.
22   Dealings with certain property acquired by gift, devise or bequest
(1)  Infrastructure NSW must not sell, lease, exchange or otherwise dispose of or deal with property acquired by gift, devise or bequest except:
(a)  if the property has been acquired subject to a condition to which Infrastructure NSW has agreed under section 21 (1), in accordance with the condition, or
(b)  in any other case with the approval of the Minister.
(2)  Despite subsection (1) but subject to subsection (3), if Infrastructure NSW decides that any property that has been acquired by Infrastructure NSW subject to a condition to which Infrastructure NSW has agreed under section 21 (1) is not required for the purposes of Infrastructure NSW, Infrastructure NSW may:
(a)  sell the property and retain the proceeds of the sale as property of Infrastructure NSW, or
(b)  exchange the property for other property, or
(c)  if Infrastructure NSW is of the opinion that the property is of no commercial value, dispose of the property without valuable consideration,
in contravention of the condition.
(3)  Infrastructure NSW must not sell, exchange or otherwise dispose of any property under subsection (2) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(4)  The Minister may consent to the sale, exchange or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
23   (Repealed)
24   Regulation of Barangaroo Reserve and public domain
(1)  Infrastructure NSW may enter into an agreement with Place Management NSW for the exercise by Place Management NSW of its regulatory powers under the Place Management NSW Act 1998 and the regulations under that Act in respect of any land within Barangaroo Reserve and the public domain.
(2)  An agreement under this section may, but is not required to, make provision for the following matters:
(a)  the payment by Infrastructure NSW of fees to Place Management NSW,
(b)  the payment to Infrastructure NSW of fees or other charges collected by Place Management NSW when exercising functions under the agreement,
(c)  the provision of information to Infrastructure NSW by Place Management NSW relating to the exercise of its functions with respect to the land covered by the agreement,
(d)  additional services to be provided by or on behalf of Place Management NSW in respect of the land covered by the agreement,
(e)  conditions for the exercise of regulatory powers by Place Management NSW.
(3)  Subsection (2) does not limit the matters that may be included in an agreement under this section.
(4)  Land that is subject to an agreement under this section is taken to be managed land for the purposes of the Place Management NSW Act 1998 and land within a public area for the purposes of the regulations under that Act.
(5)  Section 22 (Roads) of the Place Management NSW Act 1998 does not apply to land the subject of an agreement under this section.
(6)  Any dispute arising under an agreement under this section between Infrastructure NSW and Place Management NSW may be resolved by the Minister.
(7)  Infrastructure NSW and Place Management NSW must comply with any direction arising out of the resolution of any such dispute and for that purpose is empowered to do so, despite the provisions of this or any other Act.
24A   Ministerial approval and consent
The approval or consent of the Minister under this Division may be given generally or be limited to a particular case or class of cases and may be withdrawn at any time.