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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 23 February 2020 at 23:09)
Part 4 Division 2
Division 2 Transfer of land by agreement
29   Transfer of land or management of land of other public authorities
(1)  If the Minister for a public authority that owns land within Barangaroo agrees that the land is not being used or required for the core activities of the public authority, the public authority is to transfer:
(a)  the land, or
(b)  the management of the land,
to Infrastructure NSW, subject to the terms and conditions agreed to between the Minister for the public authority and the Minister administering this Act.
(2)  The Minister administering the Crown Land Management Act 2016 may transfer to Infrastructure NSW, subject to the terms and conditions agreed to between that Minister and the Minister administering this Act, Crown land within Barangaroo or the management of any such Crown land.
(3)  Division 5.3 of the Crown Land Management Act 2016 does not apply to any such transfer of Crown land.
(4)  An agreement may state whether the transfer is subject to the payment of compensation and, if compensation is to be paid, the amount of the compensation or the basis on which it is to be determined.
(5)  A public authority whose land is managed by Infrastructure NSW under an agreement with the public authority may delegate its functions in respect of the land to Infrastructure NSW, despite the provisions of any other Act.
(6)  In this section:
Crown land has the same meaning that it has in the Crown Land Management Act 2016, but does not include Crown managed land within the meaning of that Act.
Minister for a public authority means the Minister administering:
(a)  the Act by which the public authority is constituted or established, or
(b)  in the case of a subsidiary, the Act by which the subsidiary’s parent is constituted or established.
public authority means a public authority constituted by or under an Act, and includes:
(a)  a Public Service agency, and
(b)  a statutory body representing the Crown, a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary (within the meaning of that Act), and
(c)  a member of staff or other person who exercises functions on behalf of a public authority,
but does not include a council.
transfer of land includes the sale, lease, exchange or other disposal of or dealing with Crown land or the grant of easements or rights-of-way over, or licences or permits in respect of, Crown land.
(7)  Any dispute arising under this section between the Minister administering this Act and the Minister for a public authority or the Minister administering the Crown Land Management Act 2016 may be resolved by the Premier.
(8)  A Minister or public authority must comply with any direction arising out of the resolution of a dispute under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.
30   Transfer of maritime land
(1)  Infrastructure NSW must transfer to the Maritime Authority of NSW (the Maritime Authority) any land below the mean high water mark that is within Barangaroo on the commencement of the operation of a commuter ferry wharf at Barangaroo or at such other time as may be agreed between the Minister responsible for the Maritime Authority and the Minister administering this Act. The transfer is to be subject to such terms and conditions as may be agreed to by those Ministers.
(2)  Any dispute arising under this section between the Minister responsible for the Maritime Authority and the Minister administering this Act may be resolved by the Premier.
(3)  A Minister, Infrastructure NSW or the Maritime Authority must comply with any direction arising out of the resolution of a dispute under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.
(4)  Nothing in this section affects the functions of Infrastructure NSW with respect to land.
(5)  This section has effect despite sections 17 and 18.