Growth Centres (Development Corporations) Act 1974

This Act may be cited as the Growth Centres (Development Corporations) Act 1974.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

approved scheme means an approved scheme referred to in section 15 or 16.

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

board governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a board.

building includes any structure or any part thereof.

building site means land set apart as the site for a building under section 8 (1) (f).

Chairperson, in relation to a board governed development corporation, means the chairperson of the board of the development corporation.

chief executive means the chief executive of a development corporation within the meaning of section 6B.

chief executive governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a chief executive.

corporation means a development corporation or the Ministerial Development Corporation.

council has the same meaning as it has in the Local Government Act 1993.

description, in relation to land, includes a description of land by reference—

to land within a local government area,

to land within a local government area, other than land specified or described as being excepted or excluded therefrom, and

to plans or other matters, whether of the same or a different kind or nature.

development corporation means a corporation constituted under Part 2.

environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979.

exercise a function includes perform a duty.

function includes a power, authority or duty.

growth centre means the land for the time being described in a Part of Schedule 1.

Infrastructure NSW means Infrastructure NSW constituted under the Infrastructure NSW Act 2011.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

member, in relation to a board governed development corporation, means a member of the board of the development corporation, and includes the chief executive.

Ministerial Development Corporation means the Ministerial Development Corporation constituted by Part 3A.

public authority means any public or local authority constituted by or under an Act other than this Act, and includes Landcom.

regulations means regulations made under this Act.

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

The responsibilities, powers, authorities, duties and functions conferred or imposed on a corporation shall be exercised or discharged—

in the case of a development corporation—by the development corporation for the purposes of, or in connection with, the growth centre in respect of which the development corporation is constituted, or

(Repealed)

Notes included in this Act do not form part of this Act.

Infrastructure NSW is taken to be a development corporation for the purposes of the following provisions of this Act (the relevant provisions)—

Part 3,

sections 27, 30, 32, 33 and 41.

The growth centre in respect of which Infrastructure NSW is taken to be constituted for the purposes of the relevant provisions is the following land—

the land identified as a potential urban renewal precinct on the State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map under State Environmental Planning Policy (Urban Renewal) 2010 as in force immediately before 1 July 2019,

the land identified by yellow shading on the map entitled “Cooks Cove growth centre”, dated 1 September 2020 and published on Infrastructure NSW’s website,

the land outlined in red on the map entitled “The Bays Growth Centre”, dated 1 September 2020 and published on Infrastructure NSW’s website.

Note.

The UrbanGrowth NSW Development Corporation was the development corporation for the land specified by this subsection immediately before its dissolution by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019.

In exercising its functions as a development corporation under the relevant provisions, Infrastructure NSW may exercise those functions only in relation to the land referred to in subsection (2).

There are constituted by this Act such development corporations as are specified from time to time in Schedule 1.

A development corporation is a body corporate with the corporate name specified in column 1 of Schedule 1.

The growth centre in respect of which a development corporation is constituted is the area of land described in any manner (including by reference to a description contained in another document) in column 2 of Schedule 1 in relation to the development corporation.

A development corporation is to be either a chief executive governed development corporation or a board governed development corporation, as specified from time to time in column 3 of Schedule 1.

A development corporation is a NSW Government agency.

The Governor may, by order published on the NSW legislation website—

constitute a development corporation by inserting the name of a development corporation into column 1 of Schedule 1 and inserting the nature of governance of the development corporation (either “Board” or “Chief executive”) into column 3 of Schedule 1, or

dissolve a development corporation by omitting the matter relating to the development corporation from Schedule 1, or

change the name of a development corporation by amending the name of the development corporation in column 1 of Schedule 1, or

establish a growth centre by inserting a description of land in column 2 of Schedule 1, or

abolish a growth centre by omitting the description of land of the growth centre from column 2 of Schedule 1, or

alter a growth centre by amending the description of land of the growth centre in column 2 of Schedule 1, or

change the nature of governance of a development corporation—

from board governed to chief executive governed by omitting the word “Board” from column 3 of Schedule 1 and inserting instead the words “Chief executive”, or

from chief executive governed to board governed by omitting the words “Chief executive” from column 3 of Schedule 1 and inserting instead the word “Board”, or

amalgamate 2 or more development corporations by omitting all the matter relating to the development corporations to be amalgamated from Schedule 1 and inserting instead—

in column 1 of that Schedule, the name of the amalgamated development corporation, and

in column 2 of that Schedule, a description of the growth centre in respect of which the amalgamated development corporation is constituted, and

in column 3 of that Schedule, the nature of governance of the amalgamated development corporation (either “Board” or “Chief executive”).

A development corporation may be constituted in respect of a growth centre within any area (including, but not limited to, an urban area or a rural area).

Schedule 1A has effect with respect to orders made under this section.

An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 1A, of a savings and transitional nature consequent on the making of the order.

The Governor may only make an order under subsection (1) (b) to dissolve a development corporation on the recommendation of the Minister.

(Repealed)

An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.

The affairs of a development corporation are to be managed and controlled by—

if the development corporation is a chief executive governed development corporation—the chief executive of the development corporation, or

if the development corporation is a board governed development corporation—the chief executive, subject to and in accordance with any directions given to the chief executive by the board of the development corporation.

In the exercise of its functions, a development corporation is, except where it makes a recommendation to the Minister, subject to the control and direction of the Minister.

There is constituted a development corporation board for each board governed development corporation.

A development corporation board is to be called the “[name of board governed development corporation] Board”.

A board of a development corporation is to consist of—

not less than 4 persons appointed by the Governor, and

the chief executive, and

the Secretary of the Department of Planning and Environment or a person nominated by the Secretary.

The Governor may appoint a person to be a member of the board of a development corporation before the order made under section 5 (1) (a) relating to the development corporation takes effect, but the term of office of any such member commences on the date on which the order takes effect or a later date specified in the order.

Schedule 2 has effect in relation to board governed development corporations.

The chief executive of a development corporation is the person employed in the Public Service as the chief executive of that development corporation.

(Repealed)

If the development corporation is a board governed development corporation, the chief executive may be represented at any meeting of the board by a person nominated for the time being by the chief executive. In representing the chief executive, the person nominated has and may exercise the same functions as the chief executive has at such a meeting (including voting rights), and is taken to be the chief executive.

If the development corporation is a chief executive governed development corporation—

except when making a recommendation to the Minister, the chief executive is, in the exercise of his or her functions, subject to the control and direction of the Minister, and

any act, matter or thing done in the name of, or on behalf of, the development corporation by the chief executive of that development corporation is taken to have been done by the development corporation.

(Repealed)

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.

Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge the following powers, authorities, duties and functions—

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,

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,

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,

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,

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

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.

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—

manage land vested in the development corporation,

cause surveys to be made, and plans of survey to be prepared, in relation to any land vested in the development corporation,

(Repealed)

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,

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,

set apart land as sites for buildings or works or for religious, charitable or municipal purposes,

subdivide and re-subdivide land, and consolidate subdivided or re-subdivided land, vested in the development corporation,

set out and construct roads on land vested in the development corporation,

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

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.

(Repealed)

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.

Without limiting the generality of subsection (1), a development corporation may, in accordance with that subsection, acquire—

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

any land of which the land proposed to be acquired under this Act forms part, or

any land adjoining or in the vicinity of any land proposed to be acquired under this Act, or

a leasehold or any other interest in land.