{"id":"nsw:act-1974-049","name":"Growth Centres (Development Corporations) Act 1974","slug":"growth-centres-development-corporations-act-1974","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"49 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110174,"registerId":"nsw-act-1974-049-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > approved scheme means an approved scheme referred to in section 15 or 16.\n> > \n> > 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.\n> > \n> > board governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a board.\n> > \n> > building includes any structure or any part thereof.\n> > \n> > building site means land set apart as the site for a building under section 8 (1) (f).\n> > \n> > Chairperson, in relation to a board governed development corporation, means the chairperson of the board of the development corporation.\n> > \n> > chief executive means the chief executive of a development corporation within the meaning of section 6B.\n> > \n> > chief executive governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a chief executive.\n> > \n> > corporation means a development corporation or the Ministerial Development Corporation.\n> > \n> > council has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > description, in relation to land, includes a description of land by reference—\n> > \n> > > (a) to land within a local government area,\n> > \n> > > (b) to land within a local government area, other than land specified or described as being excepted or excluded therefrom, and\n> > \n> > > (c) to plans or other matters, whether of the same or a different kind or nature.\n> > \n> > development corporation means a corporation constituted under Part 2.\n> > \n> > environmental planning instrument means an environmental planning instrument within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > growth centre means the land for the time being described in a Part of Schedule 1.\n> > \n> > Infrastructure NSW means Infrastructure NSW constituted under the [Infrastructure NSW Act 2011](/view/html/inforce/current/act-2011-023).\n> > \n> > liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).\n> > \n> > member, in relation to a board governed development corporation, means a member of the board of the development corporation, and includes the chief executive.\n> > \n> > Ministerial Development Corporation means the Ministerial Development Corporation constituted by Part 3A.\n> > \n> > public authority means any public or local authority constituted by or under an Act other than this Act, and includes Landcom.\n> > \n> > regulations means regulations made under this Act.\n> > \n> > rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) The responsibilities, powers, authorities, duties and functions conferred or imposed on a corporation shall be exercised or discharged—\n> > \n> > > (a) 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\n> > \n> > > (b) (Repealed)\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1979 No 136, Sch 1 (2); 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (2); 1986 No 218, Sch 18 (2), (3); 1992 No 9, Sch 1 (1); 1997 No 152, Sch 4.12 \\[1\\]; 1999 No 31, Sch 1.17 \\[1\\]–\\[3\\]; 2006 No 2, Sch 4.23 \\[1\\]; 2006 No 8, Sch 3 \\[1\\]–\\[3\\]; 2007 No 27, Sch 1.19 \\[1\\]; 2008 No 26, Sch 1 \\[1\\]–\\[3\\]; 2014 No 33, Schs 1.8, 3.11 \\[1\\]; 2019 No 8, Sch 5 \\[1\\].","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Special provisions relating to Infrastructure NSW","content":"#### 3A Special provisions relating to Infrastructure NSW\n\n3A Special provisions relating to Infrastructure NSW\n\n> > (1) Infrastructure NSW is taken to be a development corporation for the purposes of the following provisions of this Act (the relevant provisions)—\n> > \n> > > (a) Part 3,\n> > \n> > > (b) sections 27, 30, 32, 33 and 41.\n> \n> > (2) 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—\n> > \n> > > (a) the land identified as a potential urban renewal precinct on the [State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map](/view/html/inforce/current/epi-2010-0691/maps) under [State Environmental Planning Policy (Urban Renewal) 2010](/view/html/repealed/current/epi-2010-0691) as in force immediately before 1 July 2019,\n> > \n> > > (b) 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,\n> > \n> > > (c) the land outlined in red on the map entitled “The Bays Growth Centre”, dated 1 September 2020 and published on Infrastructure NSW’s website.\n> > \n> > Note—\n> > \n> > 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](/view/html/repealed/current/act-2019-008) on 1 July 2019.\n> \n> > (3) 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).\n> \n> **s 3A:** Ins 2019 No 8, Sch 5 \\[2\\]. Am 2020 No 30, Sch 1.21.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of development corporations","content":"# Part 2 Constitution of development corporations\n\nPart 2 Constitution of development corporations\n\n**pt 2, hdg:** Am 1981 No 31, Sch 1 (3). Subst 2008 No 26, Sch 1 \\[4\\].\n\n**pt 2:** Subst 2008 No 26, Sch 1 \\[4\\].","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General\n\n**pt 2, div 1, hdg:** Ins 2008 No 26, Sch 1 \\[4\\].","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of development corporations and growth centres","content":"#### 4 Constitution of development corporations and growth centres\n\n4 Constitution of development corporations and growth centres\n\n> > (1) There are constituted by this Act such development corporations as are specified from time to time in Schedule 1.\n> \n> > (2) A development corporation is a body corporate with the corporate name specified in column 1 of Schedule 1.\n> \n> > (3) 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.\n> \n> > (4) 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.\n> \n> > (5) A development corporation is a NSW Government agency.\n> \n> **s 4:** Am 1981 No 31, Sch 1 (4). Subst 2008 No 26, Sch 1 \\[4\\].","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Amendment of Schedule 1 (Growth centres and development corporations)","content":"#### 5 Amendment of Schedule 1 (Growth centres and development corporations)\n\n5 Amendment of Schedule 1 (Growth centres and development corporations)\n\n> > (1) The Governor may, by order published on the NSW legislation website—\n> > \n> > > (a) 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\n> > \n> > > (b) dissolve a development corporation by omitting the matter relating to the development corporation from Schedule 1, or\n> > \n> > > (c) change the name of a development corporation by amending the name of the development corporation in column 1 of Schedule 1, or\n> > \n> > > (d) establish a growth centre by inserting a description of land in column 2 of Schedule 1, or\n> > \n> > > (e) abolish a growth centre by omitting the description of land of the growth centre from column 2 of Schedule 1, or\n> > \n> > > (f) alter a growth centre by amending the description of land of the growth centre in column 2 of Schedule 1, or\n> > \n> > > (g) change the nature of governance of a development corporation—\n> > > \n> > > > (i) 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\n> > > \n> > > > (ii) 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\n> > \n> > > (h) 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—\n> > > \n> > > > (i) in column 1 of that Schedule, the name of the amalgamated development corporation, and\n> > > \n> > > > (ii) in column 2 of that Schedule, a description of the growth centre in respect of which the amalgamated development corporation is constituted, and\n> > > \n> > > > (iii) in column 3 of that Schedule, the nature of governance of the amalgamated development corporation (either “Board” or “Chief executive”).\n> \n> > (2) 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).\n> \n> > (3) Schedule 1A has effect with respect to orders made under this section.\n> \n> > (4) 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.\n> \n> > (5) The Governor may only make an order under subsection (1) (b) to dissolve a development corporation on the recommendation of the Minister.\n> \n> > (6) (Repealed)\n> \n> > (7) 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.\n> \n> **s 5:** Am 1992 No 9, Sch 1 (2). Subst 2008 No 26, Sch 1 \\[4\\]. Am 2008 No 122, Sch 11.3 \\[1\\]; 2009 No 56, Sch 4.24.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Constitution and procedure of development corporations","content":"## Division 2 Constitution and procedure of development corporations\n\nDivision 2 Constitution and procedure of development corporations\n\n**pt 2, div 2, hdg:** Ins 2008 No 26, Sch 1 \\[4\\].","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Governance of development corporation","content":"#### 6 Governance of development corporation\n\n6 Governance of development corporation\n\n> > (1) The affairs of a development corporation are to be managed and controlled by—\n> > \n> > > (a) if the development corporation is a chief executive governed development corporation—the chief executive of the development corporation, or\n> > \n> > > (b) 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.\n> \n> > (2) 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.\n> \n> **s 6:** Am 1977 No 77, Sch 1 (1); 1979 No 136, Sch 1 (3); 1981 No 31, Sch 1 (4); 1992 No 9, Sch 1 (3); 1999 No 31, Sch 1.17 \\[5\\]; 2006 No 8, Sch 3 \\[4\\]; 2006 No 120, Sch 1.14 \\[1\\]; 2007 No 27, Sch 1.19 \\[2\\]. Subst 2008 No 26, Sch 1 \\[4\\].","sortOrder":11},{"sectionNumber":"6A","sectionType":"section","heading":"Development corporation boards","content":"#### 6A Development corporation boards\n\n6A Development corporation boards\n\n> > (1) There is constituted a development corporation board for each board governed development corporation.\n> \n> > (2) A development corporation board is to be called the “\\[*name of board governed development corporation*\\] Board”.\n> \n> > (3) A board of a development corporation is to consist of—\n> > \n> > > (a) not less than 4 persons appointed by the Governor, and\n> > \n> > > (b) the chief executive, and\n> > \n> > > (c) the Secretary of the Department of Planning and Environment or a person nominated by the Secretary.\n> \n> > (4) 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.\n> \n> > (5) Schedule 2 has effect in relation to board governed development corporations.\n> \n> **s 6A:** Ins 2008 No 26, Sch 1 \\[4\\]. Am 2014 No 33, Sch 3.11 \\[2\\].","sortOrder":12},{"sectionNumber":"6B","sectionType":"section","heading":"Chief executives of development corporations","content":"#### 6B Chief executives of development corporations\n\n6B Chief executives of development corporations\n\n> > (1) The chief executive of a development corporation is the person employed in the Public Service as the chief executive of that development corporation.\n> \n> > (2) (Repealed)\n> \n> > (3) 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.\n> \n> > (4) If the development corporation is a chief executive governed development corporation—\n> > \n> > > (a) 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\n> > \n> > > (b) 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.\n> \n> > (5) (Repealed)\n> \n> **s 6B:** Ins 2008 No 26, Sch 1 \\[4\\]. Am 2014 No 33, Sch 3.11 \\[3\\].","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Responsibilities, powers, authorities, duties and functions of development corporations","content":"# Part 3 Responsibilities, powers, authorities, duties and functions of development corporations\n\nPart 3 Responsibilities, powers, authorities, duties and functions of development corporations\n\n**pt 3, hdg:** Am 1981 No 31, Sch 1 (5).","sortOrder":14},{"sectionNumber":"7","sectionType":"section","heading":"Responsibility etc of development corporation","content":"#### 7 Responsibility etc of development corporation\n\n7 Responsibility etc of development corporation\n\n> > (1) 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.\n> \n> > (2) Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge the following powers, authorities, duties and functions—\n> > \n> > > (a) 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,\n> > \n> > > (b) 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,\n> > \n> > > (c) 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,\n> > \n> > > (d) 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,\n> > \n> > > (e) 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\n> > \n> > > (f) 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.\n> \n> **s 7:** Am 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 \\[3\\].","sortOrder":15},{"sectionNumber":"8","sectionType":"section","heading":"General powers of development corporation","content":"#### 8 General powers of development corporation\n\n8 General powers of development corporation\n\n> > (1) Subject to this Act, the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and any other relevant Act a development corporation may, for the purposes of this Act—\n> > \n> > > (a) manage land vested in the development corporation,\n> > \n> > > (b) cause surveys to be made, and plans of survey to be prepared, in relation to any land vested in the development corporation,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) 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,\n> > \n> > > (e) 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,\n> > \n> > > (f) set apart land as sites for buildings or works or for religious, charitable or municipal purposes,\n> > \n> > > (g) subdivide and re-subdivide land, and consolidate subdivided or re-subdivided land, vested in the development corporation,\n> > \n> > > (h) set out and construct roads on land vested in the development corporation,\n> > \n> > > (i) 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\n> > \n> > > (j) 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.\n> \n> > (2) (Repealed)\n> \n> **s 8:** Am 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (6); 1992 No 9, Sch 1 (4).","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Power to acquire land etc","content":"#### 9 Power to acquire land etc\n\n9 Power to acquire land etc\n\n> > (1) 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](/view/html/inforce/current/act-1991-022).\n> \n> > (2) Without limiting the generality of subsection (1), a development corporation may, in accordance with that subsection, acquire—\n> > \n> > > (a) 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\n> > \n> > > (b) any land of which the land proposed to be acquired under this Act forms part, or\n> > \n> > > (c) any land adjoining or in the vicinity of any land proposed to be acquired under this Act, or\n> > \n> > > (d) a leasehold or any other interest in land.\n> \n> **s 9:** Am 1981 No 31, Sch 1 (6). Subst 1992 No 9, Sch 1 (5). Am 2008 No 26, Sch 1 \\[3\\]; 2010 No 59, Sch 2.39.","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Application of Public Works Act 1912","content":"#### 10 Application of Public Works Act 1912\n\n10 Application of [Public Works Act 1912](/view/html/inforce/current/act-1912-045)\n\n> > (1) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under section 9 is taken to be for an authorised work and the development corporation is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (2) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this Act.\n> \n> **s 10:** Am 1981 No 31, Sch 1 (6). Subst 1992 No 9, Sch 1 (5).","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Disposal of land","content":"#### 11 Disposal of land\n\n11 Disposal of land\n\n> > (1) A development corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land vested in the development corporation, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over that land or any part thereof.\n> \n> > (2) Notwithstanding subsection (1), the approval of the Minister shall not be required for a lease of land by the development corporation for a term which is less than three years.\n> \n> **s 11:** Am 1981 No 31, Sch 1 (6).","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Dedication of land","content":"#### 12 Dedication of land\n\n12 Dedication of land\n\n> > (1) A development corporation may, by notification published in the Gazette, declare that it proposes to surrender to Her Majesty land described or referred to in the notification to be dedicated for any public purpose specified in the notification or, if so specified in the notification, as a public road.\n> \n> > (2) When land described or referred to in a notification published in accordance with subsection (1) is surrendered, the land—\n> > \n> > > (a) becomes Crown land reserved from sale, lease or licence under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and\n> > \n> > > (b) on revocation of the reservation, may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) as a public road, as the case requires.\n> \n> > (3) A development corporation may, in a notification published pursuant to subsection (1), limit the description of, or reference to, land to a specified depth below the surface thereof and, where such a description or reference is so limited, subsection (2) does not apply to or in respect of land below the depth so specified.\n> \n> **s 12:** Am 1981 No 31, Sch 1 (6); 1990 No 55, Sch 1; 1993 No 33, Sch 1; 2017 No 17, Sch 4.41.","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Covenants in leases","content":"#### 13 Covenants in leases\n\n13 Covenants in leases\n\n> > (1) Subject to this section, where the lease of a building site contains a covenant on the part of the lessee not to commence the erection of a building on the building site, or any work preparatory or incidental thereto, without the written consent of a development corporation—\n> > \n> > > (a) the development corporation may give its consent upon the application of a person entitled to apply to a council for its approval to the erection of a building on the building site, and\n> > \n> > > (b) the development corporation may impose conditions in giving its consent.\n> \n> > (2) A development corporation shall not give a consent pursuant to subsection (1) unless—\n> > \n> > > (a) the application therefor is accompanied by such plans and specifications of the building in respect of which the consent is sought, and such other information in respect of that building, as may be prescribed or as the development corporation may require, and\n> > \n> > > (b) the application therefor and the accompanying plans and specifications and other information disclose that the building in all respects will be in conformity with the planning scheme or interim development order that applies to or in respect of the building and with the approved scheme applicable to the growth centre in respect of which the development corporation is constituted, as to—\n> > > \n> > > > (i) the use to which the building will be put,\n> > > \n> > > > (ii) the height and general external design and appearance of the building,\n> > > \n> > > > (iii) the area of the building site to be covered by the building, and\n> > > \n> > > > (iv) the situation of the building in relation to the boundaries of the building site.\n> \n> > (3) (Repealed)\n> \n> **s 13:** Am 1981 No 31, Sch 1 (6); 1992 No 9, Sch 1 (6); 2008 No 26, Sch 1 \\[3\\].","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Submission of scheme","content":"#### 14 Submission of scheme\n\n14 Submission of scheme\n\n> A development corporation shall, as soon as practicable after it is constituted, submit to the Minister proposals referred to in section 7 (2) (a).\n> \n> **s 14:** Am 1981 No 31, Sch 1 (6).","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Approved scheme","content":"#### 15 Approved scheme\n\n15 Approved scheme\n\n> > (1) The Minister shall consider the proposals so submitted and may then direct the development corporation—\n> > \n> > > (a) to proceed with the scheme constituted by the proposals,\n> > \n> > > (b) to proceed with that scheme with such alterations as the Minister deems expedient and notifies in writing to the development corporation, or\n> > \n> > > (c) not to proceed with that scheme, but to submit another scheme for the Minister’s consideration.\n> \n> > (2) If, pursuant to subsection (1) (c), the Minister directs the development corporation to submit another scheme, the development corporation shall comply with the direction within such period as the Minister may allow, and subsection (1) applies to and in respect of that other scheme as if it were the original scheme.\n> \n> > (3) Where the Minister gives a direction under subsection (1) (a) or (b), the scheme in respect of which the direction is given shall constitute the approved scheme for the growth centre to which it relates for the purposes of this Act.\n> \n> **s 15:** Am 1981 No 31, Sch 1 (6).","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Variation of approved scheme","content":"#### 16 Variation of approved scheme\n\n16 Variation of approved scheme\n\n> > (1) A development corporation may recommend to the Minister that the approved scheme for the growth centre in respect of which the development corporation is constituted be varied in the manner specified in the recommendation.\n> \n> > (2) The Minister shall consider any such recommendation and may then direct the development corporation—\n> > \n> > > (a) to vary the approved scheme as recommended by the development corporation,\n> > \n> > > (b) to vary the approved scheme with such alterations, arising out of the Minister’s consideration of the development corporation’s recommendation, as the Minister deems expedient and notifies in writing to the development corporation, or\n> > \n> > > (c) not to vary the approved scheme.\n> \n> > (3) Where the Minister gives a direction pursuant to subsection (2) (a) or (b), the approved scheme, as varied in accordance with the direction, shall be the approved scheme for the purposes of this Act.\n> \n> **s 16:** Am 1981 No 31, Sch 1 (6), (7); 2008 No 26, Sch 1 \\[3\\].","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Implementation of approved scheme","content":"#### 17 Implementation of approved scheme\n\n17 Implementation of approved scheme\n\n> The development corporation constituted in respect of a growth centre to which an approved scheme relates shall, as soon as practicable, cause the scheme to be implemented by the exercise of its powers under this Act.\n> \n> **s 17:** Am 1981 No 31, Sch 1 (6).","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Development corporation may enter into contracts","content":"#### 18 Development corporation may enter into contracts\n\n18 Development corporation may enter into contracts\n\n> > (1) A development corporation may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or discharge by the development corporation of its responsibilities, powers, authorities, duties and functions.\n> \n> > (2) A contract under subsection (1) may provide for—\n> > \n> > > (a) the whole or part of any works to be undertaken by the development corporation,\n> > \n> > > (b) the whole or any part of the cost of any works to be paid by the development corporation,\n> > \n> > > (c) a loan to be made by the development corporation to meet the whole or any part of the cost of any works, or\n> > \n> > > (d) the development corporation to pay the costs of providing any services during a specified period.\n> \n> > (3) A development corporation may enter into a contract with any person for the construction on land vested in the development corporation or that person, or in the development corporation and that person, or on any other land with the consent of the owner of that land, of buildings suitable for occupation, or works, for the purposes of the growth centre in respect of which the development corporation is constituted, and the sale, lease or exchange of any such land together with the buildings or works thereon.\n> \n> > (4) A contract under this section shall be deemed for the purposes of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) to be a contract for or on account of the Public Service of New South Wales.\n> \n> **s 18:** Am 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 \\[3\\]; 2017 No 33, Sch 5.2 \\[1\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Development corporation may enter into arrangement with other public authorities","content":"#### 19 Development corporation may enter into arrangement with other public authorities\n\n19 Development corporation may enter into arrangement with other public authorities\n\n> > (1) A development corporation may enter into an arrangement or agreement with any public authority whereby—\n> > \n> > > (a) that public authority shall act as agent of the development corporation for the purposes of this Act, or\n> > \n> > > (b) the development corporation shall act as agent of that public authority for the purposes of this Act,\n> > \n> > on such terms and conditions as are agreed upon between the development corporation and the public authority.\n> \n> > (2) (Repealed)\n> \n> **s 19:** Am 1977 No 77, Sch 1 (2); 1981 No 31, Sch 1 (6), (7); 1992 No 9, Sch 1 (7).","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20 (Repealed)","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Arrangements as to use of officers or facilities by development corporation","content":"#### 21 Arrangements as to use of officers or facilities by development corporation\n\n21 Arrangements as to use of officers or facilities by development corporation\n\n> > (1) For the purpose of exercising and discharging its responsibilities, powers, authorities, duties and functions, a development corporation may, with the approval of the Minister and of the Department concerned and on such terms as may be arranged, make use of the services of any officers or employees or the facilities of any Government Department.\n> \n> > (2) For the like purpose, a development corporation may, with the approval of the Minister and of the public authority concerned, and on such terms as may be arranged, make use of the services of any officers, employees or servants or the facilities of any public authority.\n> \n> **s 21:** Am 1981 No 31, Sch 1 (6).","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Consultation and negotiation","content":"#### 22 Consultation and negotiation\n\n22 Consultation and negotiation\n\n> In the exercise and discharge of its responsibilities, powers, authorities, duties and functions, a development corporation shall, as far as practicable—\n> \n> > (a) consult with public authorities and Government Departments whose responsibilities, powers, authorities, duties and functions include those of the same or of a similar nature, and\n> \n> > (b) negotiate with any such authorities and Departments for the purpose of arranging or providing services and facilities in the growth centre in respect of which the development corporation is constituted.\n> \n> **s 22:** Am 1979 No 136, Sch 1 (4); 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 \\[3\\].","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Development corporation to prepare annual statement of business intent and other plans and reports","content":"#### 23 Development corporation to prepare annual statement of business intent and other plans and reports\n\n23 Development corporation to prepare annual statement of business intent and other plans and reports\n\n> > (1) A development corporation is to prepare an annual statement of business intent and submit that statement to the Minister and the Treasurer at such times as the Minister directs.\n> \n> > (2) A statement of business intent is to set out the business plan of the development corporation over the following year (or other period as may be required by the Minister) and is to include each of the following—\n> > \n> > > (a) the objectives of the corporation,\n> > \n> > > (b) the intended nature of its activities, including the intended scope of those activities,\n> > \n> > > (c) the corporation’s performance targets,\n> > \n> > > (d) the corporation’s accounting and reporting policies and practices,\n> > \n> > > (e) details of the corporation’s activities in connection with determining, allocating and administering contributions under Divisions 6 and 6A of Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > \n> > > (f) any other matter required by the Minister.\n> \n> > (3) A development corporation is to prepare and submit to the Minister and Treasurer such other statements, reports and plans as may be specified in writing by the Minister.\n> \n> > (4) If the Minister or the Treasurer is not satisfied with a statement, report or plan submitted under this section, the Minister may direct the relevant development corporation to amend and resubmit the statement, report or plan in the manner and time specified.\n> \n> **s 23:** Am 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (6). Rep 1992 No 9, Sch 1 (8). Ins 2006 No 8, Sch 3 \\[5\\].","sortOrder":32},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Establishment of Ministerial Development Corporation","content":"# Part 3A Establishment of Ministerial Development Corporation\n\nPart 3A Establishment of Ministerial Development Corporation\n\n**pt 3A:** Ins 1981 No 31, Sch 1 (9). Subst 1992 No 9, Sch 1 (9).\n\n**pt 3A, hdg:** Am 1986 No 218, Sch 18 (4). Subst 1992 No 9, Sch 1 (9); 2008 No 26, Sch 1 \\[5\\].\n\n**pt 3A, div 1, hdg:** Ins 1992 No 9, Sch 1 (9). Rep 2008 No 26, Sch 1 \\[6\\].\n\n**pt 3A, div 1:** Ins 1992 No 9, Sch 1 (9). Rep 2008 No 26, Sch 1 \\[6\\].","sortOrder":33},{"sectionNumber":"23A","sectionType":"section","heading":null,"content":"#### 23A\n\n23A–23D (Repealed)","sortOrder":34},{"sectionNumber":"23E","sectionType":"section","heading":"Establishment of Ministerial Development Corporation","content":"#### 23E Establishment of Ministerial Development Corporation\n\n23E Establishment of Ministerial Development Corporation\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Ministerial Development Corporation.\n> \n> > (2) The affairs of the Ministerial Development Corporation are to be managed by the Minister.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Development Corporation by the Minister, or with the authority of the Minister, is taken to have been done by the Ministerial Development Corporation.\n> \n> **s 23E:** Ins 1992 No 9, Sch 1 (9).","sortOrder":36},{"sectionNumber":"23F","sectionType":"section","heading":"Functions of Ministerial Development Corporation","content":"#### 23F Functions of Ministerial Development Corporation\n\n23F Functions of Ministerial Development Corporation\n\n> > (1) The Ministerial Development Corporation is responsible for the management and disposal of the remaining assets, rights and liabilities of a dissolved development corporation.\n> \n> > (2) Without limiting the generality of subsection (1), the Ministerial Development Corporation, for the purposes of that subsection—\n> > \n> > > (a) has, in relation to the assets, rights and liabilities of the dissolved development corporation that are transferred to it, the same powers, authorities and functions of that development corporation under sections 8–13, 18, 19 and 21, and\n> > \n> > > (b) may, with the concurrence of the Treasurer, transfer any of its assets, rights and liabilities to the Crown or to any other person on behalf of the Crown.\n> \n> > (3) The Ministerial Development Corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.\n> \n> > (4) In this section, dissolved development corporation means a development corporation which is dissolved by an order under section 5 (1) (b).\n> \n> **s 23F:** Ins 1992 No 9, Sch 1 (9). Am 2008 No 26, Sch 1 \\[8\\].","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Finance","content":"# Part 4 Finance\n\nPart 4 Finance","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Financial year of a corporation","content":"#### 24 Financial year of a corporation\n\n24 Financial year of a corporation\n\n> The financial year of a corporation shall be—\n> \n> > (a) where no period is prescribed as referred to in paragraph (b)—the year commencing on 1 July, or\n> \n> > (b) the period prescribed for the purposes of this section.\n> \n> **s 24:** Subst 1983 No 153, Sch 2.","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25, 26 (Repealed)","sortOrder":40},{"sectionNumber":"27","sectionType":"section","heading":"Investments","content":"#### 27 Investments\n\n27 Investments\n\n> A corporation may invest money held by it—\n> \n> > (a) if the corporation is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the corporation is permitted to invest money under that Part, or\n> \n> > (b) if the corporation is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.\n> \n> **s 27:** Subst 1992 No 9, Sch 1 (10); 2018 No 70, Sch 3.29.","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28–29A (Repealed)","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Powers of public authorities","content":"#### 30 Powers of public authorities\n\n30 Powers of public authorities\n\n> Notwithstanding anything in any other Act, any public authority is hereby authorised and empowered to enter into agreements for the purposes of this Act with a corporation and may do or suffer anything necessary or expedient for carrying any such agreement into effect.","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31 (Repealed)","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Disputes","content":"#### 32 Disputes\n\n32 Disputes\n\n> > (1) In this section, corporation does not include the Ministerial Development Corporation.\n> \n> > (2) If any difference, whether arising out of the construction of this Act or not, arises between a corporation and a council, with respect to the carrying out of the provisions of this Act or with respect to the fulfilment and exercise of the corporation’s responsibilities, powers, authorities, duties, functions or privileges, the corporation or the council may submit the difference to the Minister, who may refer the matter for inquiry to some person appointed by the Minister in that behalf, or may make his or her own inquiry.\n> \n> > (3) The Minister, after consultation with the Minister for Local Government, may thereupon make such order as in the public interest and in the circumstances of the case may seem to the Minister just and equitable, and by the order may direct the payment of any costs and expenses incidental to the conduct of the inquiry.\n> \n> > (4) Any such order may, upon the application of the Minister, the corporation or the council, by leave of the Supreme Court, be enforced in the same manner as a judgment or order of the Supreme Court to the same effect.\n> \n> > (5) If any such difference arises between a corporation and a Government Department, the parties to the dispute may mutually agree to submit the matter in dispute to the Minister, and in any such case the provisions of this section shall apply to the settlement of the dispute as if the dispute were between a corporation and a council.\n> \n> **s 32:** Am 1992 No 9, Sch 1 (11).","sortOrder":49},{"sectionNumber":"32A","sectionType":"section","heading":"Staff of development corporations","content":"#### 32A Staff of development corporations\n\n32A Staff of development corporations\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable a corporation to exercise its functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services a corporation makes use of) may be referred to as officers or employees, or members of staff, of the corporation. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes a corporation from employing staff.\n> \n> **s 32A:** Ins 1981 No 31, Sch 1 (11). Subst 2006 No 2, Sch 4.23 \\[2\\]; 2014 No 33, Sch 3.11 \\[4\\].","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Misuse of information","content":"#### 33 Misuse of information\n\n33 Misuse of information\n\n> > (1) Where, through association with a corporation, a person has knowledge of specific information relating to proposals made, or to be made, by the corporation in respect of the use and development of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person is guilty of an offence against this Act if the person—\n> > \n> > > (a) deals, directly or indirectly, in that land for the purpose of gaining an advantage for himself or herself by the use of that information, or\n> > \n> > > (b) divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that land,\n> > \n> > and is liable to a penalty not exceeding 20 penalty units.\n> \n> > (2) Where, through association with a corporation, a person is in a position to influence proposals made, or to be made, by the Corporation in respect of the use and development of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person is guilty of an offence against this Act if—\n> > \n> > > (a) the person does so for the purpose of gaining an advantage for himself or herself, or\n> > \n> > > (b) the person does so for the purpose of enabling another person to gain an advantage,\n> > \n> > and is liable to a penalty not exceeding 20 penalty units.\n> \n> > (3) Where—\n> > \n> > > (a) an offence under subsection (1) is committed and an advantage, referred to in that subsection, is gained from any dealing in land to which the offence relates, or\n> > \n> > > (b) an offence under subsection (2) is committed and an advantage, referred to in that subsection, is gained from any dealing in land which would not have been gained if the proposals concerned had not been influenced,\n> > \n> > any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence under subsection (1) or (2), as the case may be, liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.\n> \n> > (4) Where a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and—\n> > \n> > > (a) in the case of any dealing to which subsection (1) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the specific information used to gain that advantage had been generally known at that time, or\n> > \n> > > (b) in any case to which subsection (2) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the proposals concerned had not been influenced.\n> \n> > (5) An action to recover a loss or profit, referred to in subsection (3), may not be brought after the expiration of five years next succeeding the dealing in land to which the transaction relates.\n> \n> > (6) For the purposes of this section, a person is associated with a corporation—\n> > \n> > > (a) in the case of a development corporation—if the person is a member of the board or officer or employee of the development corporation or a person appointed to a committee or a sub-committee of the development corporation,\n> > \n> > > (ai) (Repealed)\n> > \n> > > (b) if the person is a member of staff of the Department of Urban Affairs and Planning,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) if the person is an officer or servant of a council,\n> > \n> > > (e) if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for the corporation, the Department of Urban Affairs and Planning or a council, or\n> > \n> > > (f) where the person, so associated by virtue of paragraph (e), is a body corporate, if the person is a director, manager or secretary of that body corporate.\n> \n> > (7) In this section, a reference to gaining an advantage does not include a reference to Landcom (or any other public authority prescribed by the regulations) gaining an advantage.\n> \n> **s 33:** Am 1979 No 136, Sch 1 (5); 1981 No 31, Sch 1 (12); 1986 No 218, Sch 18 (3); 1992 No 9, Sch 1 (12); 1992 No 112, Sch 1; 1999 No 31, Sch 1.17 \\[6\\]; 2007 No 27, Sch 3.1; 2008 No 26, Sch 1 \\[9\\]; 2012 No 93, Sch 2.6.","sortOrder":51},{"sectionNumber":"34","sectionType":"section","heading":"Disclosure of interest","content":"#### 34 Disclosure of interest\n\n34 Disclosure of interest\n\n> > (1) If a member of a board of a development corporation, or a member of a committee or a sub-committee of such a board, has an interest, directly or indirectly, in land, proposals in respect of the development or use of which are to be considered by the board, committee or sub-committee, as the case may be, or has a pecuniary interest, direct or indirect, in a contract or proposed contract with the corporation or in any other matter in which the corporation is concerned and is present at a meeting of the board, committee or sub-committee, as the case may be, at which the proposals are or the contract, proposed contract or other matter is the subject of consideration, the member shall, at the meeting, as soon as practicable after the commencement thereof, disclose his or her interest and shall not take part in the consideration or discussion of or vote on any question with respect to the proposals or the contract, proposed contract or other matter.\n> \n> > (2) For the purposes of this section, a person shall be treated as having an indirect interest in land or a contract, proposed contract or other matter if—\n> > \n> > > (a) the person or any nominee of the person is a member of a company or other body which has an interest in the land, or with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration, or\n> > \n> > > (b) the person is a partner, or is in the employment of, a person who has an interest in the land, or with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration.\n> \n> > (3) Notwithstanding subsection (2)—\n> > \n> > > (a) that subsection does not apply to membership of or employment under any council or statutory body,\n> > \n> > > (b) a member of a company or other body shall not, by reason only of the person’s membership, be treated as being so interested if the person has no beneficial interest in any shares of that company or other body, and\n> > \n> > > (c) a member of a company having not less than twenty-five members shall not be treated as having an interest in land or in any contract or proposed contract with the corporation or in any other matter in which the corporation is concerned by reason only that the company has an interest in the land or the contract or proposed contract is with or the other matter concerns the company.\n> \n> > (4) In the case of a married couple who are living together, or de facto partners who are living together, the interest of one spouse or de facto partner shall, if known to the other, be deemed, for the purposes of this section, to be also an interest of the other spouse or de facto partner.\n> > \n> > Note—\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (5) A general notice in writing to the secretary or the prescribed officer of the development corporation by a member of a board of a development corporation, or a member of a committee or a sub-committee of such a board, to the effect that the member or the member’s spouse or de facto partner is a member, or is in the employment of a specified company or other body, or that the member or the member’s spouse or de facto partner is a partner or in the employment of a specified person shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of the member’s interest in any land in which that company or other body has an interest or in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.\n> \n> > (6) The Secretary or officer referred to in subsection (5) shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (5) and the book shall be open at all reasonable hours to the inspection of any person on payment of such fees as may be determined by the development corporation from time to time.\n> \n> > (7) Subject to subsection (8), if any person fails to comply with the provisions of subsection (1), the person is guilty of an offence against this Act and liable to a penalty not exceeding 4 penalty units, unless the person proves that the person did not know that proposals in respect of the development and use of the land in which the person had an interest were, or that the person did not know that a contract, proposed contract or other matter in which the person had a pecuniary interest was, the subject of consideration at the meeting.\n> \n> > (8) The Minister may, subject to such conditions as the Minister thinks fit to impose, remove any disability imposed by subsection (1) in any case in which the number of members referred to in subsection (1) so disabled at any one time would be so great a proportion of the whole of the members of the board of a development corporation, or a committee or a sub-committee of such a board, as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the public interest that the disability should be removed.\n> \n> > (9) The board of a development corporation, or a committee or a sub-committee of such a board, may, by resolution, provide for the exclusion of any member thereof from a meeting of the board, committee or sub-committee, as the case may be, while any proposal, in respect of any land or any contract, proposed contract or other matter in which that person has an interest as referred to in this section is under consideration.\n> \n> > (10) In this section, shares includes stock.\n> \n> > (11) The provisions of this section apply to a member of a council in relation to an interest in land that is within a growth centre and held by the member, directly or indirectly, proposals in respect of the development and use of which are to be considered by the council at a meeting of the council in the same way as they apply to a member of a board of a development corporation having an interest, directly or indirectly, in land proposals in respect of the development and use of which are to be considered by the board of the development corporation at a meeting.\n> \n> > (12) (Repealed)\n> \n> **s 34:** Am 1981 No 31, Sch 1 (13); 1986 No 218, Sch 18 (3), (7); 1992 No 9, Sch 1 (13); 1992 No 112, Sch 1; 1997 No 152, Sch 4.12 \\[2\\]; 2008 No 23, Sch 3.24 \\[1\\]–\\[3\\]; 2008 No 26, Sch 1 \\[10\\]–\\[16\\]; 2010 No 19, Sch 3.41 \\[1\\]–\\[3\\].","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Proceedings at meetings confidential","content":"#### 35 Proceedings at meetings confidential\n\n35 Proceedings at meetings confidential\n\n> A person shall not, unless the development corporation otherwise determines, disclose any information with respect to the business discussed at any meeting of a development corporation.\n> \n> Maximum penalty—20 penalty units.\n> \n> **s 35:** Am 1981 No 31, Sch 1 (14); 1992 No 112, Sch 1.","sortOrder":53},{"sectionNumber":"35A","sectionType":"section","heading":"Proceedings at committee meetings confidential","content":"#### 35A Proceedings at committee meetings confidential\n\n35A Proceedings at committee meetings confidential\n\n> A person shall not, unless the corporation otherwise determines, disclose any information with respect to the business of a corporation discussed at any meeting of a committee or of a sub-committee of the corporation.\n> \n> Maximum penalty—20 penalty units.\n> \n> **s 35A:** Ins 1981 No 31, Sch 1 (15). Am 1992 No 112, Sch 1.","sortOrder":54},{"sectionNumber":"35B","sectionType":"section","heading":"Protection from personal liability","content":"#### 35B Protection from personal liability\n\n35B Protection from personal liability\n\n> Anything done or omitted to be done by—\n> \n> > (a) a development corporation, or\n> \n> > (b) a board of a development corporation, or\n> \n> > (c) a chief executive of a development corporation, or\n> \n> > (d) a member of a board of a development corporation, or\n> \n> > (e) a person acting under the direction of a development corporation or a board of a development corporation, or\n> \n> > (f) a person acting as a delegate of a development corporation,\n> \n> if the thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, does not subject the chief executive, the member of the board of the development corporation or the person so acting personally to any action, liability, claim or demand.\n> \n> **s 35B:** Ins 2008 No 26, Sch 1 \\[17\\].","sortOrder":55},{"sectionNumber":"36","sectionType":"section","heading":"Delegation","content":"#### 36 Delegation\n\n36 Delegation\n\n> > (1) A corporation may, by instrument in writing under seal, delegate to a member or officer or employee of the corporation, or to an officer, employee or servant of a Government Department or public authority whose services are being used by the corporation pursuant to section 21, the exercise or performance of such of the corporation’s responsibilities, powers (other than this power of delegation), authorities, duties and functions as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.\n> \n> > (2) A responsibility, power, authority, duty or function, the exercise or performance of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.\n> \n> > (3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the responsibilities, powers, authorities, duties or functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.\n> \n> > (4) Notwithstanding any delegation under this section, the corporation may continue to exercise or perform all or any of the responsibilities, powers, authorities, duties or functions delegated.\n> \n> > (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the corporation and shall be deemed to have been done or suffered by the corporation.\n> \n> > (6) An instrument purporting to be signed by a delegate of the corporation in his or her capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the corporation under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the corporation under this section.\n> \n> **s 36:** Am 1979 No 136, Sch 1 (6).","sortOrder":56},{"sectionNumber":"37","sectionType":"section","heading":null,"content":"#### 37\n\n37 (Repealed)","sortOrder":57},{"sectionNumber":"38","sectionType":"section","heading":"Service of process","content":"#### 38 Service of process\n\n38 Service of process\n\n> Any notice, summons, writ or other proceeding to be served on a corporation may be served—\n> \n> > (a) by being left, or\n> \n> > (b) in the case of a notice, by posting it addressed to the corporation,\n> \n> at its office or, if it has more than one office, at one of its offices.","sortOrder":59},{"sectionNumber":"39","sectionType":"section","heading":null,"content":"#### 39\n\n39 (Repealed)","sortOrder":60},{"sectionNumber":"40","sectionType":"section","heading":"Penalties","content":"#### 40 Penalties\n\n40 Penalties\n\n> > (1) Any penalty imposed by this Act or the regulations may be recovered in a summary manner before the Local Court.\n> \n> > (2) Where the penalty is a daily penalty it may be recovered either under a separate information or complaint for each day or under an information or complaint for the sum of the daily penalties.\n> \n> **s 40:** Am 1999 No 31, Sch 4.36; 2007 No 94, Sch 2.","sortOrder":62},{"sectionNumber":"41","sectionType":"section","heading":"Recovery of money","content":"#### 41 Recovery of money\n\n41 Recovery of money\n\n> Any charge, fee or money due to a corporation may be recovered as a debt or liquidated demand in a court of competent jurisdiction.","sortOrder":63},{"sectionNumber":"42","sectionType":"section","heading":"Regulations","content":"#### 42 Regulations\n\n42 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) forms including forms of lease for use for the purposes of this Act, and\n> > \n> > > (b) the payment of fees and travelling and out-of-pocket expenses to members of committees or sub-committees of a corporation for attending meetings, transacting business of the committees or sub-committees and making inspections for the purposes of this Act.\n> \n> > (2) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.\n> \n> > (3) A regulation may—\n> > \n> > > (a) impose a penalty for any breach thereof and also distinct penalties in case of successive breaches thereof but no such penalty shall exceed 1 penalty unit, and\n> > \n> > > (b) impose also a daily penalty for any continuing breach thereof not exceeding 0.1 penalty unit per day.\n> \n> **s 42:** Am 1992 No 112, Sch 1.","sortOrder":64},{"sectionNumber":"43","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 43 Savings, transitional and other provisions\n\n43 Savings, transitional and other provisions\n\n> Schedule 6 has effect.\n> \n> **s 43:** Ins 1985 No 231, Sch 31.","sortOrder":65},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Growth centres and development corporations","content":"# Schedule 1 Growth centres and development corporations\n\nSchedule 1 Growth centres and development corporations\n\n(Sections 4 and 5)\n\n| Column 1 | Column 2 | Column 3 |\n| Name of development corporation | Description of land of growth centre | Nature of governance |\n| Hunter and Central Coast Development Corporation | All those pieces or parcels of land within the local government areas of Central Coast, Cessnock, Dungog, Lake Macquarie, Maitland, Mid-Coast, Muswellbrook, Newcastle, Port Stephens, Singleton and Upper Hunter Shire. | Chief executive |\n| Regional Growth NSW Development Corporation | All those pieces or parcels of land within the local government areas of Parkes and the City of Wagga WaggaAll those pieces or parcels of land within the local government area of Moree PlainsAll those pieces or parcels of land identified as “Subject Land” on the map titled Growth Centres (Development Corporations) Act 1974—Snowy Mountains Special Activation Precinct Growth Centre, published on the website of Regional Growth NSW Development Corporation | Chief executive |\n\n**sch 1:** Am 1992 No 9, Sch 1 (15); GG No 64 of 29.5.1992, p 3613; GG No 112 of 4.9.1992, pp 6549, 6551; GG No 120 of 16.9.1994, p 5785; 1995 No 10, Sch 1; GG No 156 of 22.12.1995, p 8741; GG No 143 of 6.12.1996, p 7949; GG No 57 of 30.5.1997, p 3503; GG No 163 of 20.11.1998, p 8920; 1998 No 170, sec 47; GG No 120 of 3.8.2001, p 5836; GG No 255 of 13.12.2002, p 10594; 2004 No 107, Sch 3.2; 2005 (322), cl 6; 2005 (775), cl 3; 2007 (640), cl 2; 2008 (11), cl 3. Subst 2008 No 26, Sch 1 \\[18\\]. Am 2008 No 122, Sch 11.3 \\[2\\]; 2010 (510), cl 3; 2010 (585), cl 3; 2010 (752), cl 3; 2012 (618), cl 3 (1) (2); 2013 (441), cl 3 (1) (2); 2016 (14), cl 3; 2017 (241), cl 3; 2017 No 33, Sch 5.2 \\[2\\]; 2018 (581), cl 3 (1)–(3); 2019 (309), cl 3; 2019 No 8, Sch 5 \\[3\\]; 2021 (220), cl 3; 2022 (209), sec 3; 2023 (582), Sch 1.","sortOrder":66},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Dissolutions, amalgamations and changes of name or nature of governance","content":"# Schedule 1A Dissolutions, amalgamations and changes of name or nature of governance\n\nSchedule 1A Dissolutions, amalgamations and changes of name or nature of governance\n\n(Section 5 (3))\n\n**sch 1A:** Ins 1981 No 31, Sch 1 (17). Rep 1992 No 9, Sch 1 (16). Ins 2008 No 26, Sch 1 \\[18\\]. Am 2008 No 122, Sch 11.3 \\[3\\].","sortOrder":67},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to the constitution and procedure of board governed development corporations","content":"# Schedule 2 Provisions relating to the constitution and procedure of board governed development corporations\n\nSchedule 2 Provisions relating to the constitution and procedure of board governed development corporations\n\n(Section 6A)\n\n**sch 2, hdg:** Subst 2008 No 26, Sch 1 \\[19\\].\n\n**sch 2:** Am 1976 No 4, Sch 5; 1977 No 77, Sch 1 (3)–(11); 1979 No 136, Sch 1 (8)–(18); 1981 No 31, Sch 1 (18); 1990 No 99, Sch 4; 1992 No 9, Sch 1 (17); 1999 No 31, Sch 1.17 \\[7\\]; 1999 No 94, sec 7 (1) and Sch 5, Part 1; 2006 No 8, Sch 3 \\[3\\] \\[6\\]; 2006 No 120, Sch 1.14 \\[2\\]–\\[6\\]; 2007 No 27, Sch 1.19 \\[3\\] \\[4\\]; 2007 No 82, Sch 1.12; 2008 No 26, Sch 1 \\[19\\]–\\[24\\]; 2014 No 33, Sch 3.11 \\[5\\]–\\[9\\].","sortOrder":82},{"sectionNumber":"1A","sectionType":"section","heading":null,"content":"#### 1A\n\n1A (Repealed)","sortOrder":83},{"sectionNumber":"1B","sectionType":"section","heading":"Definitions","content":"#### 1B Definitions\n\n1B Definitions\n\n> In this Schedule—\n> \n> board means the board of the development corporation.\n> \n> member means any member of the board.","sortOrder":84},{"sectionNumber":"10A","sectionType":"section","heading":null,"content":"#### 10A\n\n10A (Repealed)","sortOrder":95},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3–5 (Repealed)\n\n**sch 3:** Rep 1992 No 9, Sch 1 (18).\n\n**sch 4:** Rep 1992 No 9, Sch 1 (19).\n\n**sch 5:** Subst 1979 No 205, Sch 2, Part 1. Rep 1992 No 9, Sch 1 (20).","sortOrder":103},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 6 Savings, transitional and other provisions\n\nSchedule 6 Savings, transitional and other provisions\n\n(Section 43)\n\n**sch 6:** Ins 1985 No 231, Sch 31. Am 1986 No 218, Sch 18 (8); 1992 No 9, Sch 1 (21); 2006 No 8, Sch 3 \\[7\\] \\[8\\]; 2008 No 26, Sch 1 \\[25\\]–\\[27\\]; 2008 No 122, Sch 11.3 \\[4\\]–\\[8\\]; 2011 No 61, Sch 1 \\[1\\] \\[2\\]; 2011 No 62, Sch 4.6; 2017 No 33, Sch 5.2 \\[3\\]; 2019 No 8, Sch 5 \\[4\\] \\[5\\].","sortOrder":104},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment","content":"# Part 6 Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment\n\nPart 6 Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment","sortOrder":131},{"sectionNumber":"26","sectionType":"section","heading":"Transfer of Landcom assets, rights and liabilities","content":"#### 26 Transfer of Landcom assets, rights and liabilities\n\n26 Transfer of Landcom assets, rights and liabilities\n\n> > (1) The Premier may, by order in writing, transfer to the UrbanGrowth NSW Development Corporation the assets, rights and liabilities of Landcom that are specified or referred to in the order.\n> \n> > (2) The Minister for Planning may, by order in writing, transfer to a development corporation (other than the UrbanGrowth NSW Development Corporation) the assets, rights and liabilities of Landcom that are specified or referred to in the order.\n> \n> > (3) An order under this clause may be made on such terms and conditions as are specified in the order.\n> \n> > (4) An order under this clause may only be made within the period of 12 months after the commencement of this Part.","sortOrder":138},{"sectionNumber":"29","sectionType":"section","heading":"Transfer of interests in land","content":"#### 29 Transfer of interests in land\n\n29 Transfer of interests in land\n\n> > (1) An order may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of the transferor in that land.\n> \n> > (2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in the terms specified in the order.","sortOrder":141},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019","content":"# Part 7 Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019\n\nPart 7 Provisions consequent on enactment of [State Revenue and Other Legislation Amendment Act 2019](/view/html/repealed/current/act-2019-008)","sortOrder":146}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been altered since first enacted by subsequent orders and amendments that add or remove specific development corporations, reassign assets and functions, and designate different public bodies as development corporations. The statute authorises the Governor to add, dissolve, amalgamate or rename development corporations and to change governance type (s 5). Later insertions and Parts implement such changes in practice: for example, Infrastructure NSW is treated as a development corporation for specified land (s 3A); the UrbanGrowth NSW Development Corporation was dissolved and its assets transferred to Infrastructure NSW (Part 7 cl 34); the Ministerial Development Corporation handles assets and liabilities of dissolved corporations (ss 23E–23F; Schedule 1A cl 4). Transfers of staff and assets from Landcom and the Redfern–Waterloo Authority (Part 6; Part 4) further modify which agencies exercise powers and hold liabilities. Those statutory mechanisms change the list of active growth centres, the corporate holders of assets and liabilities, and governance arrangements over time (s 5; Schedule 1; Schedule 1A; Parts 6–7)."},"complexity_factors":["Multiple cross-references to other Acts (Environmental Planning and Assessment Act 1979; Land Acquisition (Just Terms Compensation) Act 1991; Government Sector Employment Act 2013; Duties Act 1997, etc.) increasing interpretive dependencies (see ss 8–10, 23, 32A, Schedule 1A cl 7).","Two governance models (chief executive vs board) with separate procedural and staffing rules (s 4; ss 6, 6A, 6B; Schedule 2).","Extensive transitional, vesting and transfer machinery allowing assets, rights and liabilities to move between public bodies by order, including conclusive ministerial notices and exclusion of duties/taxes (Schedule 1A Part 2; Part 6 cl 27–33; s 23F).","Significant executive discretion: Governor’s power to constitute/dissolve/amalgamate corporations (s 5), and Ministerial authority to approve/alter schemes and to direct implementation (ss 15–17).","Layered confidentiality, insider‑trading and conflict‑of‑interest regimes with criminal and civil remedies (ss 33–34; ss 35–35A), requiring procedural compliance and record-keeping (s 34(6); Schedule 2 cl 14).","Numerous amendments, repeals and inserted parts across decades (visible in many sections and schedules), producing a statute with interleaved historical provisions and special-purpose Parts (e.g. Parts 3A, 6, 7 and multiple schedule insertions).","Detailed procedural rules for board/committee meetings, delegations, minutes and presumptions, which interact with core substantive powers (Schedule 2; ss 36, 19)."],"plain_english_summary":"What the Act does (mechanics)\n\n- Establishes development corporations for specified \"growth centres\" and makes those corporations NSW Government agencies (s 4; Schedule 1).\n- Specifies two governance models: a corporation governed by a chief executive or a corporation governed by a board with a chief executive (s 4; ss 6, 6A, 6B; Schedule 2).\n- Charges each development corporation with promoting, coordinating, managing and securing the orderly and economic development of its growth centre, and gives it powers to plan, acquire, manage, improve and dispose of land, to construct works and roads, and to enter contracts and arrangements with other public authorities or private parties for those purposes (ss 7–12, 17–19, 21, 8, 18).\n- Requires a development corporation to submit proposals and an approved scheme to the Minister; the Minister may approve, alter or reject schemes and may direct variations (ss 14–16). Once approved, the corporation must implement the approved scheme (s 17).\n- Enables compulsory acquisition of land under the Land Acquisition (Just Terms Compensation) Act 1991 for development purposes (s 9) and treats acquisitions under this Act as authorised works for the Public Works Act (s 10).\n- Controls disposal of corporation land through Ministerial approval (leases under three years excepted) (s 11).\n- Sets obligations for corporate planning, reporting and financial arrangements: annual statement of business intent and other reports to Minister and Treasurer; rules on investments (s 23; s 27).\n- Creates confidentiality and insider provisions: offences for misuse of non‑public information about development proposals and obligations of confidentiality for meeting proceedings (ss 33, 35, 35A), and conflict-of-interest disclosure rules for board members (s 34).\n- Provides for delegation, legal protections for officers acting in good faith, dispute resolution via Ministerial inquiry and enforcement in the Supreme Court, and service and penalty procedures (ss 36, 35B, 32, 38, 40, 41, 42).\n- Establishes machinery for creating, dissolving, renaming, amalgamating and changing governance of development corporations by Governor’s order, and sets savings/transitional rules for transfers of assets, rights and liabilities to the Ministerial Development Corporation or other transferees (s 5; Schedule 1A; s 23E–23F; Schedule 1 and Schedule 1A).\n- Contains specific transfer and transitional provisions used over time (for example, transfers involving Infrastructure NSW, dissolution of UrbanGrowth NSW Development Corporation, transfers from Landcom and the former Redfern–Waterloo Authority) that change which body holds assets, rights and liabilities and which body exercises the functions (s 3A; Part 6; Part 7; Parts 3–5 of Schedule provisions).\n\nWho this affects\n\n- Landowners and developers within a growth centre: the Act authorises a corporation to acquire land (by agreement or compulsorily) and to manage, improve and dispose of land for the approved scheme (ss 9, 11, 8, 12).\n- Councils and other public authorities: the corporation must consult and may negotiate or enter agency arrangements with them (ss 22, 19), and disputes between a corporation and a council are referable to the Minister (s 32).\n- Persons working for or with a corporation: staff may be appointed from the Public Service; transfers of staff or assets from other agencies (for example Landcom) are provided for and may preserve terms and conditions during transition periods (ss 32A; Part 6, clauses 22–24).\n- Board members, chief executives and other officers: obligations on disclosure of interests, confidentiality, delegations, protections from personal liability for good faith acts, and possible removal or cessation on dissolution/amalgamation (ss 34, 35–36, 35B; Schedule 2; Schedule 1A).\n- The Minister and Treasury: exercise extensive control (approval of schemes, disposal of land, direction over investment policy when required, approval of use of departmental officers, and the power to make orders under s 5) (ss 15–16, 11, 23, 21, 5).\n\nWhy it matters (stated purpose, incentives and practical trade-offs)\n\n- Stated purpose: the Act charges corporations to deliver \"orderly and economic development\" of growth centres (s 7). That is achieved by a combination of planning authority (proposals and an approved scheme: ss 14–17), statutory powers over land (acquisition, vesting, dedication, land management: ss 9–12), and operational powers to contract, construct and coordinate infrastructure (ss 8, 18, 19, 21).\n\n- Who pays and who decides: the corporation implements schemes and enters contracts that create costs and revenues; the Minister controls approval of schemes and disposals and may attach conditions (ss 15, 11). Where assets or liabilities are transferred on dissolution or amalgamation, the transfer terms are set by the relevant order and the Minister may specify consideration (Schedule 1A cl 4(1)(d)–(e); Schedule 1A Part 2 cl 6). Transfers by order are expressly not subject to state duties (Schedule 1A cl 7; Part 6 cl 32). These mechanisms concentrate decision authority with the Minister and Governor’s orders (s 5). The Act also allows corporations to recover charges and fees as debts (s 41).\n\n- Incentives and behaviour changes: the Act gives corporations powers to assemble land, set building sites and to require consents in leases (s 13). Those powers create commercial incentives for the corporation to package land and infrastructure for development and for private parties to seek approvals, leases and contracts with the corporation (ss 11, 18). The misuse-of-information offence (s 33) creates an enforcement mechanism to deter insiders from trading on confidential knowledge of proposals. Conflict-of-interest and disclosure rules (s 34) impose decision‑making constraints on board members and committee members.\n\n- Compliance burden and implementation risk: corporations must prepare business plans and reports (s 23) and adhere to procedural rules for board meetings, minutes and disclosures (Schedule 2; s 34). Land acquisition by compulsory process uses the Land Acquisition (Just Terms Compensation) Act 1991 and, separately, transfers of assets by order may occur without compensation to third parties except where the order provides otherwise (s 9; Schedule 1A cl 4(5); Part 6 cl 28). Orders under s 5 and Schedule 1A may change governance, dissolve corporations or transfer assets; such orders can carry savings and transitional provisions (s 5(3)–(4); Schedule 1A), which creates administrative complexity and possible legal consequences for contracts and statutory instruments unless the order or regulations preserve rights (Schedule 1A Part 4 cl 10).\n\n- Bureaucratic discretion and concentration of benefits: the Minister’s powers to approve, alter or reject schemes and to direct implementation (ss 15–17), and the Governor’s power to create/dissolve/amalgamate corporations (s 5), place significant discretion in executive hands. The mechanics for transfers by order (Schedule 1A; Part 6; Part 7) enable assets and liabilities to be moved between public bodies (for example to the Ministerial Development Corporation, Infrastructure NSW or SMDA) without separate property conveyancing—this concentrates formal ownership and control with whoever is named as transferee in the order (Schedule 1A cl 4; s 3A; Part 7 cl 34). Those features create potential for focused gains to particular parties who secure favourable scheme outcomes or contractual terms, and therefore create incentives for interested parties to engage in lobbying or negotiation with decision-makers; the Act addresses some risks by criminalising misuse of specific confidential information (s 33) and by requiring disclosure of conflicts (s 34).\n\n- Opportunity cost and effects on private enterprise: granting a statutory corporation power to acquire and manage land (including compulsory acquisition) removes some scope for purely private transactions in affected areas (s 9). Corporations may sell, lease or grant easements subject to Ministerial approval (s 11), which can influence market supply, timing and pricing of developable land. At the same time the Act permits corporations to contract with private parties for construction and sale of buildings (s 18), enabling public–private commercial activity.\n\n- Implementation and legal certainty: the Act includes detailed vesting/transfer rules to continue proceedings, rights and liabilities after transfers or dissolutions (Schedule 1A Part 2 cl 4), confirms that transfers are not a breach of contract or an event of default under other instruments (Schedule 1A cl 4(2)), and permits confirmation notices by Ministers as conclusive evidence of transfer (Schedule 1A cl 8). Those rules increase legal continuity when the statutory machinery is used, but they also vest final choices about timing, transferees and conditions in executive orders and regulations (s 5; Schedule 1A cl 6; Part 6 cl 31).\n\nKey sections for quick reference: constitution and growth centres (s 4; Schedule 1); Ministerial control of schemes (ss 14–16); acquisition and vesting of land (ss 9–12; Schedule 1A); contracts and commercial powers (s 18); reporting and investment (s 23; s 27); insider and disclosure offences (ss 33–34); delegation, immunity and confidentiality (ss 36, 35B, 35–35A); amendment, dissolution and transfers by order (s 5; Schedule 1A; ss 23E–23F)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2848},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1974 to establish specific development corporations for particular growth centres (initially Albury-Wodonga and Macarthur), the Act has evolved into a broad administrative framework governing the lifecycle of urban development entities. It now accommodates Infrastructure NSW (added 2019), includes a Ministerial Development Corporation (added 1981/1992) to wind up dissolved bodies, and incorporates extensive machinery for transferring staff, assets, and liabilities between various government agencies (Landcom, Redfern-Waterloo Authority, Growth Centres Commission). The scope has shifted from simply creating corporations to managing their dissolution, amalgamation, and asset transfers across the NSW public sector."},"complexity_factors":["Approximately 22 defined terms in section 3, including technical legal concepts like 'assets' and 'liabilities' that encompass future, contingent, and equitable interests.","Dual governance structures requiring different procedural rules: board-governed corporations (governed by Schedule 2) versus chief executive-governed corporations.","Extensive cross-referencing to other NSW legislation including the Environmental Planning and Assessment Act 1979, Local Government Act 1993, Crown Land Management Act 2016, and Government Sector Finance Act 2018.","Layered amendment history visible throughout the text (amendments from 1979, 1981, 1986, 1992, 2006, 2008, 2014, 2019, etc.) creating a patchwork of substituted and repealed provisions.","Complex automatic vesting provisions in Schedule 1A and Schedule 6 dealing with transfers of assets, rights, and liabilities upon dissolution or amalgamation, including technical land law concepts like 'attornment' and 'consideration for vesting'.","Schedule 6 contains multiple distinct transitional regimes for different dissolved entities (Growth Centres Commission, Redfern–Waterloo Authority, UrbanGrowth NSW, Landcom), each with specific transfer mechanics and savings provisions.","Conditional logic regarding the application of other Acts (e.g., Public Works Act 1912, Duties Act 1997) and exceptions for specific entities like Infrastructure NSW in section 3A."],"plain_english_summary":"This law creates **development corporations**—special government bodies that plan, coordinate, and manage large urban **growth centres** across New South Wales.\n\n**What it does:**\n- Establishes corporations (like the Hunter and Central Coast Development Corporation) to oversee specific geographic areas listed in Schedule 1.\n- Gives these corporations significant powers: they can buy land (even compulsorily), build roads and infrastructure, prepare master plans (called **approved schemes**), and sell or lease land to developers.\n- Provides two different ways to run these corporations:\n  - **Board-governed**: Run by a board of appointed members (like a company board).\n  - **Chief executive-governed**: Run by a single senior public servant.\n\n**Who it affects:**\n- **Landowners** in growth centres (corporations can acquire their land for public development).\n- **Local councils** (must consult with corporations; disputes go to the Minister for decision).\n- **Developers** (must follow the corporation’s approved schemes and may need corporation consent to start building).\n- **Infrastructure NSW** (which currently acts as a development corporation for specific renewal sites like The Bays and Cooks Cove under recent amendments).\n\n**Key features:**\n- **Ministerial Development Corporation**: A separate body that inherits the assets and debts of any development corporation that is shut down or merged.\n- **Insider trading rules**: Makes it a crime (with penalties) for officials to use confidential information about development plans to profit from land deals or tip off others.\n- **Automatic asset transfers**: When corporations merge or close, their property, contracts, and legal obligations automatically transfer to the new body without needing individual sale documents.\n\n**Why it matters:**\nIt allows the State to coordinate massive urban development projects—like new suburbs or urban renewal—outside the normal council process, ensuring roads, utilities, and housing are planned together rather than piecemeal."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1974 Act was designed to establish Development Corporations for specific new urban growth centres (primarily around Sydney). Over time, through repeated amendments, the administrative machinery has been updated significantly — including shifting ministerial responsibility across planning, lands, and regional portfolios — suggesting the Act's practical scope has broadened or shifted from a focused urban growth instrument to a more general framework that also covers regional and land management considerations."},"complexity_factors":["The legislation has been amended over 40 times across more than 50 years, making it difficult to track the current operative provisions without reviewing the full text","Multiple responsible ministers (three) with overlapping jurisdictions adds administrative complexity","The law interacts with broader NSW planning legislation, land acquisition frameworks, and local government powers","Frequent changes to government agency names and structures (e.g. 1999 wholesale substitution of terms across the Act) create interpretive challenges","The concept of 'growth centres' and the powers of Development Corporations involves specialised planning and land law concepts","Only metadata and version history was provided — the actual operative provisions of the Act were not included, limiting full analysis","The Act's 50-year lifespan means it spans multiple distinct planning eras with differing policy contexts"],"plain_english_summary":"## Growth Centres (Development Corporations) Act 1974 (NSW)\n\n**What is this law?**\nThis is a NSW law, originally passed in 1974, that established special government-run organisations called **Development Corporations** to manage and oversee the planned development of designated 'growth centres' — essentially new or expanding urban areas on the outskirts of cities like Sydney.\n\n**Who does it affect?**\n- **Landowners and residents** in designated growth centre areas (particularly outer Sydney regions)\n- **Developers and builders** seeking to develop land in those areas\n- **Local councils** whose planning powers interact with those of the corporations\n- **NSW government agencies** responsible for planning, land and regional development\n\n**Why does it matter?**\nIf you own land, live in, or want to develop property in a designated NSW growth centre, this Act gives the relevant government corporations significant powers over land use, subdivision (dividing land into smaller lots), infrastructure delivery, and planning approvals in those areas. Essentially, a Development Corporation can override or supplement normal council planning processes.\n\n**Key points:**\n- The Act has been **amended dozens of times** since 1974, reflecting changing government structures and planning priorities\n- Responsibility is now shared across **three ministers**: Planning & Public Spaces, Lands & Property, and Regional NSW\n- In 1999, internal government references were updated — replacing 'Managing Director' and 'Property Services Group' with 'Director-General' and 'Department of Urban Affairs and Planning' — showing the law has evolved with changing bureaucratic structures\n- The law remains **currently in force** as of October 2023\n\n**In plain terms:** This law gives the NSW government the tools to create special agencies that take charge of planning and building out new urban growth areas, rather than leaving it entirely to local councils."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/growth-centres-development-corporations-act-1974","history":"/api/acts/growth-centres-development-corporations-act-1974/history","analysis":"/api/acts/growth-centres-development-corporations-act-1974/analysis","conflicts":"/api/acts/growth-centres-development-corporations-act-1974/conflicts","importantCases":"/api/acts/growth-centres-development-corporations-act-1974/important-cases","documents":"/api/acts/growth-centres-development-corporations-act-1974/documents"}}