Urban Renewal Act 1995

A precinct authority may, if authorised by the Governor to do so by regulation, exercise, in relation to a matter that is directly relevant to the management, development or enhancement of a precinct established under this

Part, a specified statutory power—

to grant an approval, consent, licence or exemption;

or

to provide a service or infrastructure; or

to impose and recover a rate, levy or charge; or

to make by‑laws under the Local Government Act 1999 or the

Local Government

Act 1934; or

prescribed under this paragraph by regulation.

If an authorisation is given under subsection (1)—

in the case of a power to grant an approval, consent, licence or exemption—

the statutory power may be exercised by the precinct authority as if the power had been duly delegated to it by the authority, body or person in whom the power is primarily vested; and

the precinct authority must consult with the authority, body or person in relation to the exercise of the power (but is not bound to comply with directions as to the exercise of the power given by that authority, body or person); and

any statutory provisions governing, or incidental to, the exercise of the power must be observed by the precinct authority as if it were the authority, body or person in whom the power is primarily vested;

and

without limiting paragraph (b), the precinct authority may exercise any other statutory power that is necessary or expedient for, or incidental to, the proper exercise of the statutory power that is authorised to be exercised by the Governor under subsection (1); and

any statutory provisions for appeal against or review of a decision to exercise, or to refrain from exercising—

a statutory power that is authorised to be exercised by the

Governor under subsection (1); or

a statutory power under paragraph (c), apply in relation to a decision by the precinct authority in relation to the exercise of the power.

If a precinct authority makes a by‑law under the

Local Government

Act 1999 or the Local Government Act 1934 under subsection (1)(d), the by‑law—

cannot be altered without the consent of the precinct authority;

and

is revoked if—

the regulation under this section giving the authorisation to make by‑laws is revoked; or

the relevant precinct is dissolved.

Without limiting subsection (1), a precinct authority may, if authorised by the Governor to do so by regulation, in relation to raising revenue for the purposes of the management, development or enhancement of a precinct established under this Part—

impose a rate under the Local

Government Act 1999 (as if it were a council);

and

require a council to collect the rate on behalf of the precinct authority.

If a rate is imposed under subsection (4)—

Chapter 10 of the Local

Government Act 1999 will apply subject to any modifications prescribed by the regulations; and

the council must comply with the requirement made by the precinct authority (and make a payment to the precinct authority of the amount recovered on account of the imposition of the rate); and

the precinct authority is liable to pay to the council an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements imposed by the precinct authority (which may be set off against the amount payable by the council to the precinct authority); and

if the precinct to which the rate relates is dissolved—the council may, for a period of 5 years, or such longer period as the

Minister may allow, continue to impose any rate imposed by the precinct authority under subsection (4)(a) and applying at the time of the dissolution (and, to avoid doubt, a rate continued under this paragraph is to be treated as if it were a rate imposed under subsection (4)(a)).

If a regulation is made under this section, the Minister must as soon as practicable after the publication of the regulation, prepare a report on the matter (which must include details of any submissions made by a council in consultation under subsection (8)) and cause copies of the report to be laid before both Houses of Parliament.

A regulation made under subsection (1)(e) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

A regulation cannot be made under—

subsection (1)(c) authorising the exercise of a power under the Local Government

Act 1999 in relation to the imposition or recovery of a rate, levy or charge; or

subsection (4), except after consultation with the relevant council.

The Legislative Instruments

Act 1978 applies to a regulation made under this section as if references in that Act to the Legislative Review Committee of the

Parliament were references to the Environment, Resources and Development

Committee of the Parliament.