State Development Coordination and Facilitation Act 2025

This

Act may be cited as the State

Development Coordination and Facilitation Act 2025.

This

Act comes into operation on a day to be fixed by proclamation.

In this Act—

approval includes an authorisation, permission, consent, licence, certificate or other authority;

AUKUS means the trilateral security partnership between Australia, the

United Kingdom and the United States of America;

Commission means the State Planning Commission established under the Planning,

Development and Infrastructure Act 2016;

coordinated project means a project declared under section 21 to be a coordinated project;

Coordinator

General's Office or CGO means the Coordinator General's Office established under section 5;

council means a council established under the Local

Government Act 1999;

declared project means a designated project or a project in a State development area;

designated authority means—

a person who holds an office established by an Act; or

an administrative unit; or

a council; or

an assessment panel appointed or constituted under Part 6

Division 2 of the Planning,

Development and Infrastructure Act 2016;

or

any incorporated or unincorporated body—

established for a public purpose by an Act; or

established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or

established or subject to control or direction by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a council (whether or not established by or under an Act); or

an entity prescribed by the regulations to be a designated authority, but does not include an entity excluded from the ambit of this definition by the regulations;

designated project means a project declared under section 22 to be a designated project;

development has the same meaning as in the Planning,

Development and Infrastructure Act 2016;

environment includes—

land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora, fauna, natural atmospheric cycles and processes and other features or elements of the natural environment; and

buildings, structures and other forms of infrastructure, and cultural artefacts, and, in relation to an area, includes—

existing or permissible uses of land in the area; and

public health, safety or amenity in relation to the area; and

the heritage, aesthetic, Aboriginal, social and cultural values of the area;

essential infrastructure means—

essential infrastructure within the meaning of the Planning,

Development and Infrastructure Act 2016;

or

infrastructure of a kind prescribed by the regulations, but does not include infrastructure of a kind excluded from the ambit of this definition by the regulations;

essential infrastructure works includes works of a prescribed kind in relation to essential infrastructure (or proposed essential infrastructure);

member means a person appointed as a member of CGO under section 6;

principal member means the person appointed as the principal member of CGO under section 6;

project means a development or activity (and multiple related developments or activities may constitute a single project for the purposes of this Act);

relevant project means any of the following:

a coordinated project;

a designated project;

a project in a State development area;

responsible

Minister, in relation to a designated authority, means—

if the authority is a person who holds an office established by an Act or a body established by or under an Act—the Minister responsible for the administration of that Act; or

if the authority is an administrative unit—the Minister responsible for that administrative unit; or

if the authority is an assessment panel appointed or constituted under

Part 6 Division 2 of the Planning,

Development and Infrastructure Act 2016—the

Minister responsible for the administration of that Act; or

in any other case—the Minister prescribed by the regulations to be the responsible Minister for the authority or, in the absence of such a regulation, the Minister responsible for the administration of this Act;

State development area means an area established as a State development area under section 23.

If the Minister or CGO (as the case may be) performs—

a prescribed function in relation to a project; or

a function under any other Act in connection with the performance of a prescribed function in relation to a project, the

Minister or CGO (as the case requires) must have regard to the economic, social and environmental outcomes of the project (for the

State as a whole and in the locality of the project), in addition to any relevant objects or principles under the other Act.

In this section—

prescribed function means any of the following:

making a declaration under section 21 or 22;

making a notice under section 24(1),

25(1) or

36(3);

giving a notice under section 26(1) or (2);

publishing a plan under section 29(1);

giving a direction under section 35(2).

A reference to the Minister in subsection (1) includes a reference to a Minister acting in accordance with a designation by the Governor under paragraph (a) of the definition of prescribed authority in section 36(11).

The

Coordinator General's Office is established.

CGO is constituted as a body corporate.

The body corporate—

is an instrumentality of the Crown; and

has perpetual succession and common seal; and

is capable of suing and being sued; and

holds its property on behalf of the Crown; and

has all the powers of an individual that are capable of being exercised by a body corporate; and

has the functions assigned or conferred by or under this or any other

Act.

If an apparently genuine document purports to bear the common seal of

CGO, it is to be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of CGO has been duly affixed to that document.

CGO consists of 4 members nominated by the Minister and appointed by the Governor.

The

Governor may appoint 1 of the members of CGO as the principal member.

Note—

The principal member may use the title "Coordinator General".

In nominating members for appointment, the Minister must ensure that at least 1 member has, in the Minister's opinion, knowledge, expertise or experience relating to AUKUS.

Note—

The member appointed on the basis of their knowledge, expertise or experience relating to AUKUS may use the title "AUKUS

Coordinator".

In addition, in nominating members for appointment, the Minister must ensure, so far as is reasonably practicable, that the membership of

CGO reflects an appropriate diversity of experience and perspectives (whether business, industry, government or other experience or perspectives) and should have regard to the knowledge, experience and background of each person to be nominated for appointment.

A member will be appointed on conditions determined by the Governor and for a term (not exceeding 5 years) specified in the instrument of appointment.

A member is eligible for re‑appointment to CGO at the expiration of a term of office.

The

Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of a member of CGO (other than the principal member) and to act as a member of CGO during any period of absence of the member.

Note—

Subsection (3) had not come into operation at the date of the publication of this version.

The

Governor may remove a member of CGO from office—

for misconduct; or

for breach of, or non-compliance with, a condition of office; or

for failure or incapacity to carry out official duties satisfactorily;

or

on the recommendation of the Minister.

The office of a member of CGO becomes vacant if the member—

dies;

or

completes a term of office and is not reappointed; or

resigns by written notice to the Governor; or

is nominated for election as a member of an Australian Parliament; or

is sentenced to serve a period of imprisonment for an offence (whether against a law of this State or another jurisdiction); or

is convicted of an offence (whether against a law of this State or another jurisdiction) punishable by imprisonment; or

is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations

Act 2001 of the Commonwealth; or

has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

in the case of a member who was a chief executive or executive employee under the Public

Sector Act 2009 at the time of their appointment—ceases to be a chief executive or executive employee; or

is removed from office by the Governor under section 7.

Subject to this section, the Minister may give directions to CGO.

The

Minister may not give a direction to CGO if—

CGO is making or required to make a recommendation; or

CGO is providing or required to provide advice to the Minister or any other Minister; or

CGO has a discretion in relation to the granting of an approval (including in relation to any assessment relating to the approval).

However, the Minister may direct CGO to cease performing a particular function.

The

Minister must consult with CGO before giving a direction.

A

Ministerial direction to CGO—

must be communicated to CGO in writing; and

must be published on a website determined by CGO as soon as is reasonably practicable after it is received and included in its annual report.

The functions of CGO are—

to facilitate and undertake the management, coordination, assessment and delivery of projects of importance to the State; and

to identify improvements that may be made to the regulation of projects in the State; and

to cooperate and negotiate with other jurisdictions to promote or facilitate clear, effective and efficient legislation, policies, practices, procedures and agreements for the assessment and coordination of projects; and

to provide advice to the government on matters relating to projects in the State, including in relation to improvements identified under paragraph (b) and the function referred to in paragraph (c);

and

to provide a single point of contact, coordination and support for proponents of projects in their dealings with designated authorities on a case by case basis (case management) and, as part of CGO's case management, to assist other designated authorities in performing their functions in relation to projects;

and

to facilitate consultation, engagement, coordination and collaboration between designated authorities, proponents, local communities and (where relevant) native title holders or registered native title claimants (both within the meaning of the Native

Title Act 1993 of the Commonwealth) in relation to the establishment of State development areas and projects (including in State development areas) and, in particular, in respect of—

planning and land use matters; and

impacts of, and facilitating local communities to benefit from, projects (including in State development areas); and

to coordinate dealings between relevant designated authorities and prospective non‑government providers of essential services (within the meaning of the Essential

Services Commission Act 2002) for the purposes of—

assisting those providers in addressing licensing and third party access requirements relating to essential services; and

promoting efficiency and confidence in government decision‑making, including by performing assurance functions or other functions (whether conferred by or under this Act or a designated Act in connection with this Act) in relation to such decisions; and

to support transition to and economic development of net zero carbon emission industries and promote ecologically sustainable development; and

to develop and promote the adoption of leading practice among designated authorities in relation to the functions referred to in the preceding paragraphs; and

to acquire, hold, deal with and dispose of real and personal property in connection with the performance of its functions under this or any other Act; and

to perform any other functions that are assigned to CGO by or under this or any other Act, or by the Minister.

If a function is assigned to CGO by the Minister under subsection (1)(k),

CGO must, as soon as is reasonably practicable after receiving the assignment, publish a copy of it on a website determined by CGO.

A designated authority must seek to cooperate with CGO in the performance of CGO's functions and in the performance the designated authority's functions (insofar as may be appropriate and relevant in the circumstances).

CGO may, as it thinks fit, furnish to the Minister a report on any failure by a designated authority to comply with the requirements of subsection (1).

Subject to this Act, the procedures of CGO (including its quorum) will be determined (from time to time) by the principal member acting on the advice of the other members of CGO.

Procedures determined under subsection (1)—

must provide for any member of CGO who is not present when a decision of

CGO is made in accordance with those procedures to be informed of the decision as soon as is reasonably practicable after it is made;

and

must provide for a quorum of CGO to include at least the principal member; and

must be published on a website determined by CGO.

CGO must have accurate minutes kept of its meetings and ensure that a record of its decisions is maintained.