{"id":"nsw:act-2011-023","name":"Infrastructure NSW Act 2011","slug":"infrastructure-nsw-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"23 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30846,"registerId":"nsw-act-2011-023-current","compilationNumber":null,"startDate":"2026-04-01","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 is the [Infrastructure NSW Act 2011](/view/html/inforce/current/act-2011-023).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to secure the efficient, effective, economic and timely planning, co-ordination, selection, funding, implementation, delivery and whole-of-lifecycle asset management of infrastructure that is required for the economic and social well-being of the community, and\n> \n> > (b) to ensure that decisions about infrastructure projects are informed by expert professional analysis and advice.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > Board means the Board of Infrastructure NSW.\n> > \n> > Chief Executive Officer means the Chief Executive Officer and Co-ordinator General, Infrastructure NSW.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > government agency means—\n> > \n> > > (a) a public authority constituted by or under an Act, or\n> > \n> > > (b) a NSW Government agency, or\n> > \n> > > (c) a Public Service agency, or\n> > \n> > > (d) a council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) or other local authority, or\n> > \n> > > (e) a SOC.\n> > \n> > Infrastructure NSW means Infrastructure NSW constituted under this Act.\n> > \n> > major infrastructure project means a project to provide infrastructure—\n> > \n> > > (a) that has a capital investment value of more than $100 million, or\n> > \n> > > (b) that is nominated by the Minister as a special project requiring oversight or co-ordination by Infrastructure NSW.\n> > \n> > The capital investment value of a project includes all costs necessary to establish and operate the project (including design and construction costs, but not including land costs or GST).\n> > \n> > private sector includes the not-for-profit sector.\n> > \n> > SOC means a State owned corporation.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2015 No 58, Sch 3.50 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Infrastructure NSW","content":"# Part 2 Constitution and management of Infrastructure NSW\n\nPart 2 Constitution and management of Infrastructure NSW","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Infrastructure NSW","content":"#### 5 Constitution of Infrastructure NSW\n\n5 Constitution of Infrastructure NSW\n\n> There is constituted by this Act a body corporate with the corporate name of Infrastructure NSW.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Status of Infrastructure NSW","content":"#### 6 Status of Infrastructure NSW\n\n6 Status of Infrastructure NSW\n\n> Infrastructure NSW is, for the purposes of any Act, a NSW Government agency.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial control","content":"#### 7 Ministerial control\n\n7 Ministerial control\n\n> Infrastructure NSW is subject to the control and direction of the Minister in the exercise of its functions.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Board of Infrastructure NSW","content":"#### 8 Board of Infrastructure NSW\n\n8 Board of Infrastructure NSW\n\n> > (1) There is to be a Board of Infrastructure NSW.\n> \n> > (2) The Board is to consist of the following members—\n> > \n> > > (a) a person appointed by the Minister as the Chairperson of the Board,\n> > \n> > > (b) not more than 5 persons appointed by the Minister from the private sector who together have skills and experience in infrastructure planning, funding and delivery,\n> > \n> > > (c) the Chief Executive Officer,\n> > \n> > > (d) the Secretary of the Cabinet Office,\n> > \n> > > (e) the Secretary of the Treasury,\n> > \n> > > (f) the Secretary of the Department of Industry, Skills and Regional Development,\n> > \n> > > (g) the Secretary of the Department of Planning and Environment.\n> \n> > (3) The Board has the function of determining the general policies and strategic direction of Infrastructure NSW and of advising the Minister and the Chief Executive Officer on—\n> > \n> > > (a) the strategies, plans and statements under Part 4, and\n> > \n> > > (b) progress in the delivery of major infrastructure projects identified in those strategies, plans and statements, and\n> > \n> > > (c) other matters relating to infrastructure at the request of the Minister or the Chief Executive Officer or on its own initiative.\n> \n> > (4) If the Minister makes any amendment to the strategies, plans and statements submitted by Infrastructure NSW under Part 4, the Board may advise the Minister that it does not agree with the amendment and make that advice available to the public.\n> \n> Note—\n> \n> Schedule 1 sets out the provisions relating to the members and procedure of the Board.\n> \n> **s 8:** Am 2015 No 58, Sch 3.50 \\[2\\] \\[3\\]; 2023 No 35, Sch 4.23.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Chief Executive Officer and Co-ordinator General","content":"#### 9 Chief Executive Officer and Co-ordinator General\n\n9 Chief Executive Officer and Co-ordinator General\n\n> > (1) The Chief Executive Officer and Co-ordinator General, Infrastructure NSW, is the person employed in the Public Service as the Chief Executive Officer and Co-ordinator General, Infrastructure NSW.\n> \n> > (2) The affairs of Infrastructure NSW are to be managed and controlled by the Chief Executive Officer in accordance with the general policies and strategic direction determined by the Board of Infrastructure NSW.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of Infrastructure NSW by the Chief Executive Officer is taken to have been done by Infrastructure NSW.\n> \n> **s 9:** Am 2015 No 58, Sch 3.50 \\[4\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Staff","content":"#### 10 Staff\n\n10 Staff\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 Infrastructure NSW 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 Infrastructure NSW makes use of) may be referred to as officers or employees, or members of staff, of Infrastructure NSW. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes Infrastructure NSW from employing staff.\n> \n> **s 10:** Subst 2015 No 58, Sch 3.50 \\[5\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Infrastructure NSW","content":"# Part 3 Functions of Infrastructure NSW\n\nPart 3 Functions of Infrastructure NSW","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"General and specific functions of Infrastructure NSW","content":"#### 11 General and specific functions of Infrastructure NSW\n\n11 General and specific functions of Infrastructure NSW\n\n> > (1) Infrastructure NSW has the following functions—\n> > \n> > > (a) to prepare and submit to the Minister a 20-year State infrastructure strategy,\n> > \n> > > (b) to prepare and submit to the Minister 5-year infrastructure plans and other plans requested by the Minister,\n> > \n> > > (c) to prepare and submit to the Minister sectoral State infrastructure strategy statements,\n> > \n> > > (d) to prepare project implementation plans for major infrastructure projects,\n> > \n> > > (e) to review and evaluate proposed major infrastructure projects by government agencies or the private sector and other proposed infrastructure projects (including recommendations for the role of Infrastructure NSW in the delivery of those projects),\n> > \n> > > (f) to oversee and monitor the delivery of major infrastructure projects and other infrastructure projects identified in plans adopted by the Minister,\n> > \n> > > (g) to carry out or be responsible for the delivery of a specified major infrastructure project in accordance with an order of the Minister under Part 5,\n> > \n> > > (h) to assess the risks involved in planning, funding, delivering and maintaining infrastructure, and the management of those risks,\n> > \n> > > (i) to provide advice to the Minister on economic or regulatory impediments to the efficient delivery of specific infrastructure projects or infrastructure projects in specific sectors,\n> > \n> > > (j) to provide advice to the Minister on appropriate funding models for infrastructure,\n> > \n> > > (k) to co-ordinate the infrastructure funding submissions of the State and its agencies to the Commonwealth Government and to other bodies,\n> > \n> > > (l) to carry out reviews of completed infrastructure projects at the request of the Minister,\n> > \n> > > (m) to provide advice on any matter relating to infrastructure that the Minister requests.\n> \n> > (2) Infrastructure NSW is to exercise its functions with a view to achieving the objects of this Act.\n> \n> > (3) Infrastructure NSW may exercise any other function delegated to it by another government agency.\n> \n> > (4) Infrastructure NSW has such other functions as are conferred or imposed on it by or under this or any other Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Acceptance of delegated functions by Infrastructure NSW","content":"#### 12 Acceptance of delegated functions by Infrastructure NSW\n\n12 Acceptance of delegated functions by Infrastructure NSW\n\n> > (1) Infrastructure NSW may accept a delegation of the functions of a government agency relating to the planning, funding, delivery or maintenance of infrastructure.\n> \n> > (2) The government agency is authorised to delegate any such function to Infrastructure NSW.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of Infrastructure NSW’s functions","content":"#### 13 Delegation of Infrastructure NSW’s functions\n\n13 Delegation of Infrastructure NSW’s functions\n\n> > (1) Infrastructure NSW may delegate to an authorised person any of its functions, other than this power of delegation. This power of delegation extends to a function delegated to Infrastructure NSW by a government agency.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Infrastructure NSW if the delegate is authorised in writing to do so by Infrastructure NSW.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) a member of the staff of Infrastructure NSW, or\n> > \n> > > (b) a person, a committee of persons or a person of a class approved by the Minister or prescribed by the regulations.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Exercise of functions through joint ventures etc","content":"#### 14 Exercise of functions through joint ventures etc\n\n14 Exercise of functions through joint ventures etc\n\n> Any function of Infrastructure NSW may be exercised by—\n> \n> > (a) Infrastructure NSW itself, or\n> \n> > (b) Infrastructure NSW in a partnership, joint venture or other association with government agencies or other persons or bodies.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Obligations of government agencies","content":"#### 15 Obligations of government agencies\n\n15 Obligations of government agencies\n\n> > (1) A government agency has the following obligations in respect of infrastructure projects—\n> > \n> > > (a) to co-operate with Infrastructure NSW in the exercise of the functions of Infrastructure NSW, including complying with any reasonable request of Infrastructure NSW for information to enable Infrastructure NSW to exercise its functions,\n> > \n> > > (b) to notify Infrastructure NSW of any proposed exercise of the functions of the agency that may impact adversely on the current 5-year infrastructure plan or a project implementation plan under Part 4.\n> \n> > (2) This section does not extend to the investigative, complaints handling and other law enforcement functions of the NSW Police Force, the Independent Commission Against Corruption, the Ombudsman’s Office, the Law Enforcement Conduct Commission or the office of the Auditor-General.\n> \n> **s 15:** Am 2016 No 61, Sch 6.26.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Infrastructure strategies and planning","content":"# Part 4 Infrastructure strategies and planning\n\nPart 4 Infrastructure strategies and planning","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"20-year State infrastructure strategy","content":"## Division 1 20-year State infrastructure strategy\n\nDivision 1 20-year State infrastructure strategy","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Preparation of 20-year State infrastructure strategy","content":"#### 16 Preparation of 20-year State infrastructure strategy\n\n16 Preparation of 20-year State infrastructure strategy\n\n> > (1) Infrastructure NSW must prepare and submit to the Minister a 20-year State infrastructure strategy.\n> \n> > (2) The strategy is to be prepared within such time as the Minister directs.\n> \n> > (3) Infrastructure NSW is to review the strategy every 5 years (and at such other times as the Minister directs or it considers appropriate) and submit a revised strategy to the Minister.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Content of 20-year State infrastructure strategy","content":"#### 17 Content of 20-year State infrastructure strategy\n\n17 Content of 20-year State infrastructure strategy\n\n> > (1) The 20-year State infrastructure strategy must assess the current state of infrastructure in New South Wales and the needs and strategic priorities for infrastructure in New South Wales for the next 20 years.\n> \n> > (2) The strategy may include the following—\n> > \n> > > (a) economic, social and environmental objectives against which the performance of the State’s infrastructure network can be assessed and benchmarked,\n> > \n> > > (b) the identification, on the basis of detailed, objective and quantitative evidence, of current land use plans and population projections, deficiencies in the State’s infrastructure and the areas in which deficiencies in the State’s infrastructure network are causing the most serious economic, social or environmental costs,\n> > \n> > > (c) an assessment of options available to deal with those identified deficiencies and to reduce those economic, social and environmental costs, including options relating to demand management and other policy, pricing and regulatory reform options,\n> > \n> > > (d) the identification of projects and policies that will best deal with those identified deficiencies and reduce those economic, social and environmental costs.\n> \n> > (3) Infrastructure NSW must, in preparing or reviewing the strategy, have regard to any State strategic priority of which Infrastructure NSW has been advised by the Minister.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Adoption by Minister of 20-year State infrastructure strategy","content":"#### 18 Adoption by Minister of 20-year State infrastructure strategy\n\n18 Adoption by Minister of 20-year State infrastructure strategy\n\n> > (1) The Minister is to consider any 20-year State infrastructure strategy submitted by Infrastructure NSW, and adopt the strategy with or without amendments or refer it back to Infrastructure NSW for further consideration.\n> \n> > (2) The Minister must notify Infrastructure NSW of the Minister’s decision and make the adopted strategy publicly available.\n> \n> **s 18:** Am 2022 No 26, Sch 2.13.","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"5-year infrastructure plans","content":"## Division 2 5-year infrastructure plans\n\nDivision 2 5-year infrastructure plans","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Preparation of 5-year infrastructure plan","content":"#### 19 Preparation of 5-year infrastructure plan\n\n19 Preparation of 5-year infrastructure plan\n\n> > (1) Infrastructure NSW must prepare and submit to the Minister a 5-year infrastructure plan.\n> \n> > (2) The plan is to identify specific major infrastructure projects to be undertaken as a priority in the following 5 years.\n> \n> > (3) Infrastructure NSW is to review the plan each year (and at such other times as the Minister directs or it considers appropriate) and submit a revised plan to the Minister.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Content of 5-year infrastructure plans","content":"#### 20 Content of 5-year infrastructure plans\n\n20 Content of 5-year infrastructure plans\n\n> > (1) A 5-year infrastructure plan may include the following in relation to the identified priority major infrastructure projects—\n> > \n> > > (a) the rationale for the selection of the priority projects,\n> > \n> > > (b) the estimated cost of the priority projects,\n> > \n> > > (c) the recommended funding and delivery arrangements for the priority projects,\n> > \n> > > (d) the estimated timeframe for the delivery of the priority projects.\n> \n> > (2) In preparing the plan, Infrastructure NSW must have regard to the 20-year State infrastructure strategy adopted by the Minister.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Adoption by Minister of 5-year infrastructure plans","content":"#### 21 Adoption by Minister of 5-year infrastructure plans\n\n21 Adoption by Minister of 5-year infrastructure plans\n\n> > (1) The Minister is to consider a 5-year infrastructure plan submitted by Infrastructure NSW, and adopt the plan with or without amendments or refer it back to Infrastructure NSW for further consideration.\n> \n> > (2) The Minister must notify Infrastructure NSW of the Minister’s decision, and make the adopted plan publicly available.\n> \n> **s 21:** Am 2022 No 26, Sch 2.13.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Other infrastructure plans","content":"#### 22 Other infrastructure plans\n\n22 Other infrastructure plans\n\n> > (1) Infrastructure NSW is to prepare and submit to the Minister such other infrastructure plans as the Minister directs.\n> \n> > (2) The Minister may direct that any such plan be included in the 5-year infrastructure plan or in a separate plan.","sortOrder":27},{"sectionNumber":"Division 3","sectionType":"division","heading":"Sectoral State infrastructure strategy statements","content":"## Division 3 Sectoral State infrastructure strategy statements\n\nDivision 3 Sectoral State infrastructure strategy statements","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Preparation of sectoral State infrastructure strategy statements","content":"#### 23 Preparation of sectoral State infrastructure strategy statements\n\n23 Preparation of sectoral State infrastructure strategy statements\n\n> > (1) Infrastructure NSW must prepare and submit to the Minister a sectoral State infrastructure strategy statement for any particular sector or sectors that the Minister considers significant for the State.\n> \n> > (2) The statement is to be prepared within such time as the Minister directs.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Content of sectoral State infrastructure strategy statements","content":"#### 24 Content of sectoral State infrastructure strategy statements\n\n24 Content of sectoral State infrastructure strategy statements\n\n> A sectoral State infrastructure strategy statement may include the following—\n> \n> > (a) an analysis of existing infrastructure in the sector,\n> \n> > (b) an analysis of current and future needs in the sector,\n> \n> > (c) options available to deal with those needs or to influence demand in the sector,\n> \n> > (d) criteria for evaluating those options and selecting the preferred options,\n> \n> > (e) consideration of impacts on land use planning in the sector, on other sectors and on key stakeholders in the sector,\n> \n> > (f) the preferred long term infrastructure strategy for the sector.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Adoption by Minister of sectoral State infrastructure strategy statements","content":"#### 25 Adoption by Minister of sectoral State infrastructure strategy statements\n\n25 Adoption by Minister of sectoral State infrastructure strategy statements\n\n> > (1) The Minister is to consider any sectoral State infrastructure strategy statement submitted by Infrastructure NSW, and adopt the statement with or without amendments or refer it back to Infrastructure NSW for further consideration.\n> \n> > (2) The Minister must notify Infrastructure NSW of the Minister’s decision, and make the adopted statement publicly available.\n> \n> **s 25:** Am 2022 No 26, Sch 2.13.","sortOrder":31},{"sectionNumber":"Division 4","sectionType":"division","heading":"Project implementation plans","content":"## Division 4 Project implementation plans\n\nDivision 4 Project implementation plans","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Project implementation plans for major infrastructure projects","content":"#### 26 Project implementation plans for major infrastructure projects\n\n26 Project implementation plans for major infrastructure projects\n\n> > (1) Infrastructure NSW may determine that a project implementation plan should be prepared for a major infrastructure project identified under this Part in order to facilitate the oversight and monitoring of the delivery of the project by Infrastructure NSW.\n> \n> > (2) In deciding whether a project implementation plan is required for a project, Infrastructure NSW is to take into account the importance of the project to the State and the resources of the relevant government agency to deliver the project on time and within budget.\n> \n> > (3) Infrastructure NSW may prepare a project implementation plan in consultation with the government agency responsible for the delivery of the project or may direct the agency to prepare the plan to the satisfaction of Infrastructure NSW.\n> \n> > (4) The Treasurer is to be consulted on the preparation of a project implementation plan.\n> \n> > (5) Section 15 sets out the obligations of government agencies with respect to its co-operation with Infrastructure NSW.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Content of project implementation plan","content":"#### 27 Content of project implementation plan\n\n27 Content of project implementation plan\n\n> > (1) A project implementation plan may include the following in relation to the project concerned—\n> > \n> > > (a) the government agency or agencies responsible for the construction and delivery of the project,\n> > \n> > > (b) the funding envelope for the project cost,\n> > \n> > > (c) the funding and procurement model for the project,\n> > \n> > > (d) the project delivery method, including the role (if any) of the private sector,\n> > \n> > > (e) the timeframe for the delivery of the project,\n> > \n> > > (f) the ongoing operation and maintenance of the project,\n> > \n> > > (g) other matters relating to the delivery of the project.\n> \n> > (2) A project implementation plan may relate to more than one project and involve more than one government agency.","sortOrder":34},{"sectionNumber":"Part 5","sectionType":"part","heading":"Step-in powers for delivery of major infrastructure projects","content":"# Part 5 Step-in powers for delivery of major infrastructure projects\n\nPart 5 Step-in powers for delivery of major infrastructure projects","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Definitions","content":"#### 28 Definitions\n\n28 Definitions\n\n> In this Part and Schedule 2—\n> \n> assets means any legal or equitable estate or interest (whether present or future and 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> carry out a project means carry out development (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) for the purposes of the project.\n> \n> government agency does not include a council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) or other local authority.\n> \n> liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent and whether personal or assignable).\n> \n> project authorisation order means an order under section 30.\n> \n> project divesting order means an order under section 35.\n> \n> rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent and whether personal or assignable).","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Step-in functions of Infrastructure NSW","content":"#### 29 Step-in functions of Infrastructure NSW\n\n29 Step-in functions of Infrastructure NSW\n\n> Infrastructure NSW has the following functions—\n> \n> > (a) to carry out a major infrastructure project if authorised to do so by a project authorisation order,\n> \n> > (b) to be responsible, in accordance with a project authorisation order, for a major infrastructure project that is carried out by, or that involves, another government agency.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Project authorisation orders","content":"#### 30 Project authorisation orders\n\n30 Project authorisation orders\n\n> > (1) The Minister may make orders for the purposes of this Part (project authorisation orders).\n> \n> > (2) A project authorisation order must be published in the Gazette.\n> \n> > (3) A project authorisation order may be made on such terms and conditions as the Minister determines and as are specified or referred to in the order.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Authorisation to carry out projects","content":"#### 31 Authorisation to carry out projects\n\n31 Authorisation to carry out projects\n\n> A project authorisation order may authorise Infrastructure NSW to carry out a major infrastructure project specified in the order.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Authorisation to take over projects","content":"#### 32 Authorisation to take over projects\n\n32 Authorisation to take over projects\n\n> > (1) A project authorisation order may, in the case of a major infrastructure project that is carried out by (or that involves) another government agency, declare Infrastructure NSW to be responsible for the government agency’s functions in relation to the carrying out of the project.\n> \n> > (2) The following provisions have effect on the making of a project authorisation order as referred to in this section—\n> > \n> > > (a) Infrastructure NSW has and may exercise all of the functions of the government agency in relation to the project,\n> > \n> > > (b) the government agency may not exercise any functions in relation to the project except with the consent of Infrastructure NSW,\n> > \n> > > (c) Infrastructure NSW may, with the concurrence of the Minister and after consulting with the government agency, give directions to the government agency in relation to the project,\n> > \n> > > (d) the government agency must comply with any such directions given to it by Infrastructure NSW.\n> > \n> > This subsection does not limit the terms and conditions of a project authorisation order that the Minister may determine under this Part.\n> \n> > (3) A project authorisation order may relate to the exercise of the functions of a number of government agencies.\n> \n> > (4) Before making a project authorisation order that declares Infrastructure NSW to be responsible for a major infrastructure project that is carried out by (or that involves) a SOC, the Minister is to consult with the following—\n> > \n> > > (a) the portfolio Minister of the SOC,\n> > \n> > > (b) the voting shareholders of the SOC,\n> > \n> > > (c) the chairperson of the board of directors of the SOC.\n> \n> > (5) Failure to comply with subsection (4) does not affect the validity of the order.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Transfer of assets, rights and liabilities","content":"#### 33 Transfer of assets, rights and liabilities\n\n33 Transfer of assets, rights and liabilities\n\n> > (1) If a project authorisation order declares Infrastructure NSW to be responsible for another government agency’s functions in relation to the carrying out of a major infrastructure project, the order may provide for the transfer to Infrastructure NSW of such assets, rights and liabilities of the government agency (or classes of such assets, rights and liabilities) as are relevant to the project and are specified in the order.\n> \n> > (2) Schedule 2 applies to a project authorisation order that provides for the transfer of any such assets, rights and liabilities.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Acquisition of land","content":"#### 34 Acquisition of land\n\n34 Acquisition of land\n\n> > (1) Infrastructure NSW may, for the purposes of exercising its functions in relation to a major infrastructure project as authorised by a project authorisation order, acquire land by agreement or compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work, and Infrastructure NSW is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (3) Sections 34–37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply to or in respect of a major infrastructure project to which a project authorisation order relates.\n> \n> **s 34:** Am 2022 No 59, Sch 2.23.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Transfer of Infrastructure NSW managed projects to government agency","content":"#### 35 Transfer of Infrastructure NSW managed projects to government agency\n\n35 Transfer of Infrastructure NSW managed projects to government agency\n\n> > (1) The Minister may, by order published in the Gazette (a project divesting order), direct that the assets, rights and liabilities of Infrastructure NSW in relation to a major infrastructure project specified in the order (including any assets, rights and liabilities that have been transferred to Infrastructure NSW by a project authorisation order) be transferred to another government agency specified in the order.\n> \n> > (2) The assets, rights and liabilities to be transferred by a project divesting order may consist of a specified class of assets, rights and liabilities. An order may transfer assets, rights and liabilities in relation to a project to a number of government agencies.\n> \n> > (3) A project divesting order may be made on such terms and conditions as the Minister determines and as are specified or referred to in the order.\n> \n> > (4) Schedule 2 applies to a project divesting order.\n> \n> > (5) Before making a project divesting order that transfers any assets, rights or liabilities to a SOC, the Minister is to consult with the following—\n> > \n> > > (a) the portfolio Minister of the SOC,\n> > \n> > > (b) the voting shareholders of the SOC,\n> > \n> > > (c) the chairperson of the board of directors of the SOC.\n> \n> > (6) Failure to comply with subsection (5) does not affect the validity of the order.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Application of orders","content":"#### 36 Application of orders\n\n36 Application of orders\n\n> A project authorisation order or a project divesting order may apply to the whole of a major infrastructure project or to a specified part of such a project only. Accordingly, a reference in this Part to a major infrastructure project includes a reference to any part of a project that is the subject of a project authorisation order or a project divesting order.","sortOrder":44},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Act to bind Crown","content":"#### 37 Act to bind Crown\n\n37 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 38 Disclosure of pecuniary interests\n\n38 Disclosure of pecuniary interests\n\n> > (1) In this section—\n> > \n> > Board member means the Chairperson or other member of the Board.\n> \n> > (2) If—\n> > \n> > > (a) a Board member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the Board member’s duties in relation to the consideration of the matter,\n> > \n> > the Board member must, as soon as possible after the relevant facts have come to the Board member’s knowledge, disclose the nature of the interest at a meeting of the Board.\n> \n> > (3) If—\n> > \n> > > (a) the Chief Executive Officer has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Chief Executive Officer in connection with his or her functions (otherwise than at a meeting of the Board), and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the Chief Executive Officer’s duties in relation to the consideration of the matter,\n> > \n> > the Chief Executive Officer must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest to the Minister.\n> \n> > (4) A disclosure by a Board member at a meeting of the Board that the Board member, or by the Chief Executive Officer to the Minister that the Chief Executive Officer—\n> > \n> > > (a) is a member, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this section.\n> \n> > (5) Particulars of any disclosure made under this section must be recorded by Infrastructure NSW in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.\n> \n> > (6) After a Board member has disclosed the nature of an interest in any matter, the Board member must not, unless the Minister or the Board otherwise determines—\n> > \n> > > (a) be present during any deliberation of the Board with respect to the matter, or\n> > \n> > > (b) take part in any decision of the Board with respect to the matter.\n> \n> > (7) For the purposes of the making of a determination by the Board under subsection (6), a Board member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during any deliberation of the Board for the purpose of making the determination, or\n> > \n> > > (b) take part in the making by the Board of the determination.\n> \n> > (8) After the Chief Executive Officer has disclosed the nature of an interest in any matter to the Minister, the Chief Executive Officer must not, unless the Minister otherwise determines, exercise his or her functions with respect to the matter.\n> \n> > (9) A contravention of this section does not invalidate any decision of the Board or the Chief Executive Officer.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Personal liability","content":"#### 39 Personal liability\n\n39 Personal liability\n\n> > (1) A matter or thing done or omitted to be done by—\n> > \n> > > (a) Infrastructure NSW, or\n> > \n> > > (b) the Board of Infrastructure NSW, or\n> > \n> > > (c) the Chief Executive Officer, or\n> > \n> > > (d) a person acting under the direction of Infrastructure NSW, the Board of Infrastructure NSW or the Chief Executive Officer,\n> > \n> > does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a member of the Board of Infrastructure NSW, the Chief Executive Officer or a person so acting personally to any action, liability, claim or demand.\n> \n> > (2) A reference in subsection (1) to the execution of this Act includes a reference to the execution of the provisions of any other Act that confer or impose functions on Infrastructure NSW.","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Regulations","content":"#### 40 Regulations\n\n40 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.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Review of Act","content":"#### 41 Review of Act\n\n41 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":50},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board of Infrastructure NSW","content":"# Schedule 1 Members and procedure of Board of Infrastructure NSW\n\nSchedule 1 Members and procedure of Board of Infrastructure NSW\n\n**sch 1:** Am 2015 No 58, Sch 3.50 \\[6\\]; 2022 No 8, Sch 5.5\\[2\\].","sortOrder":51},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Transfer of assets, rights and liabilities","content":"# Schedule 2 Transfer of assets, rights and liabilities\n\nSchedule 2 Transfer of assets, rights and liabilities\n\n(Sections 33 and 35)","sortOrder":67},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3, 4 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.\n\n**sch 4:** Rep 1987 No 15, sec 30C.\n\n**whole Act, except s 8(2)(d):** Am 2022 No 8, Sch 5.5\\[1\\] (“Premier” omitted wherever occurring, “Minister” inserted instead).","sortOrder":77}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The multiple amendments between 2011 and 2023 — including significant changes in 2016, 2017, 2022, and 2023 — strongly suggest the scope of Infrastructure NSW's powers and functions has evolved beyond its original mandate. The addition of the Minister for Lands and Property as a responsible minister (not typical for a pure infrastructure advisory body) hints at an expanded role, possibly including management of government land assets. The frequency of amendments indicates the body's remit has been adjusted and likely broadened over time."},"complexity_factors":["The legislation establishes a statutory body (Infrastructure NSW) with governance, powers, and accountability structures that involve multiple layers of government oversight","Responsibility is shared across three ministers (Premier, Treasurer, Minister for Lands and Property), creating potential for complex jurisdictional questions","The Act has been amended at least seven times since 2011, meaning its current form may differ substantially from its original intent and tracking changes requires reviewing multiple versions","Infrastructure planning and delivery involves intersection with other NSW laws (planning, procurement, lands, environmental) not fully visible from this document alone","The body's advisory vs. executive functions may create nuanced legal distinctions about when its decisions are binding","Limited substantive content is visible in the provided text (mostly metadata and navigation), making full complexity assessment difficult"],"plain_english_summary":"This Act creates Infrastructure NSW, an independent government body that advises, coordinates and oversees planning and delivery of the state’s major infrastructure projects. It sets a framework for long‑term (eg. 20‑year) planning, prioritisation, project delivery oversight and accountability over public infrastructure spending.\n\nIt affects NSW residents and taxpayers, government agencies, private contractors and senior ministers because it shapes what gets built, when, and how public funds are used."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as established in 2011. The core functions — strategic planning, project oversight, and step-in powers — remain as originally enacted. While there have been amendments (notably in 2015 regarding staff employment, 2016 regarding law enforcement exemptions, and 2022 regarding publication requirements), these appear to be refinements rather than scope expansion. The 2022 amendment removing references to 'Premier' and replacing with 'Minister' actually narrows political scope rather than expanding it."},"complexity_factors":["Moderate length (41 sections plus 2 substantial schedules)","Multiple defined terms in section 4 (11 definitions), with some nested definitions (e.g., 'government agency' has 5 sub-categories)","Cross-references to other Acts including Local Government Act 1993, Environmental Planning and Assessment Act 1979, Land Acquisition (Just Terms Compensation) Act 1991, Public Works Act 1912, and Government Sector Employment Act 2013","Conditional logic in Part 5 regarding project authorisation orders and divesting orders, with specific consultation requirements for State-owned corporations that don't affect validity if breached","Schedule 2 contains detailed statutory transfer mechanisms for assets/liabilities with 9 operative clauses","Amendment history visible in text (multiple amending Acts referenced) indicating evolutionary complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Infrastructure NSW** — a government body that acts as the state's infrastructure planner and project overseer. Think of it as the \"project manager\" for New South Wales' big-ticket items like roads, hospitals, schools, and transport networks.\n\n**Who it affects:**\n\n- **Government agencies** — must co-operate with Infrastructure NSW and notify them of projects that might mess with existing plans\n- **State-owned corporations (SOCs)** — can have their projects taken over by Infrastructure NSW if the Minister orders it\n- **Private sector** — can be involved in delivering projects, and private sector experts sit on the Board\n- **The public** — benefits from better-planned infrastructure, and gets to see the published strategies and plans\n\n**Key powers and functions:**\n\n- **Long-term planning**: Must produce a **20-year State infrastructure strategy** (reviewed every 5 years) and **5-year infrastructure plans** identifying priority projects\n- **Project oversight**: Reviews and monitors major infrastructure projects (those over $100 million or specially nominated)\n- **\"Step-in\" powers**: The Minister can authorise Infrastructure NSW to **take over** a major project from another government agency, transferring staff, assets, and responsibilities\n- **Advisory role**: Provides expert advice to the Minister on funding models, risks, and regulatory barriers\n\n**Why it matters:**\n\nBefore this Act, infrastructure planning was often fragmented across different departments. This law centralises expertise and creates a mechanism to rescue troubled projects or ensure big projects get proper oversight. The \"step-in\" powers are particularly significant — they allow the government to override agency control of projects that are going off the rails, effectively allowing Infrastructure NSW to \"parachute in\" and take charge.\n\n**Structure of the body:**\n\n- **Board**: Mix of private sector experts (up to 5) and senior public servants (CEO, Treasury Secretary, etc.), plus a Chair appointed by the Minister\n- **CEO**: Runs day-to-day operations and manages staff\n- **Ministerial control**: The Minister can direct Infrastructure NSW and amend its strategies, though the Board can publicly disagree"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as presented shows multiple post‑enactment amendments that expand and clarify its scope. Notable changes include adjustments to Board composition and membership procedures (s 8; Schedule 1 amendments noted), substitution of staffing arrangements to allow Public Service employment to enable Infrastructure NSW (s 10), amendments to adoption procedures for strategies and plans (ss 18, 21, 25 amended 2022), and changes affecting land acquisition and operation of the Public Works Act (s 34 amended 2022). These amendments broaden operational capacity, clarify staffing and procedural rules, and modify ministerial and consultation arrangements (see amendment notes at ss 4, 8, 9, 10, 15, 18, 21, 25, 34)."},"complexity_factors":["Broad institutional architecture creating a corporate NSW Government agency, a mixed Board (private sector appointees plus ex‑officio Secretaries) and a CEO with delegated executive control (ss 5–9; Schedule 1).","Multiple overlapping planning instruments with statutory review cycles: a 20‑year strategy, annual 5‑year plans and sectoral statements, each subject to Ministerial adoption/amendment (ss 16–25).","Extensive discretionary Ministerial powers to make project authorisation and divesting orders, publish them, and specify terms (ss 30–31, 35).","Step‑in powers allowing Infrastructure NSW to take over another government agency’s functions for a major project, give directions to agencies and transfer assets, rights and liabilities (ss 32–33).","Schedule 2 vesting mechanics: assets, rights and liabilities vest by operation of the Schedule without conveyance; pending proceedings transfer; operation not treated as breach or default (Schedule 2 cls 2–3, 4–9).","Land acquisition and Public Works Act effects: Infrastructure NSW may compulsorily acquire land and is treated as Constructing Authority; specific Public Works Act provisions are excluded (s 34).","Obligations on government agencies to cooperate and provide information; agencies must notify Infrastructure NSW of actions that may affect plans (s 15).","Delegation and contracting flexibility: Infrastructure NSW may accept delegations, delegate its functions and act via joint ventures or partnerships (ss 12–14).","Administrative transparency and conflict‑of‑interest controls (disclosure, minutes open for inspection) combined with personal liability protection for good‑faith acts (ss 38–39).","Regulatory and implementation uncertainty from wide Ministerial discretion and provisions that make failures of consultation non‑fatal to orders (ss 32(4)–(5), 35(5); Sch 2 cl 8)."],"plain_english_summary":"This Act creates Infrastructure NSW, a statutory agency that prepares 20‑year and 5‑year infrastructure plans, reviews and oversees major projects (generally those over $100 million or specially nominated), and — by Ministerial order — can step in to run, transfer or divest projects and acquire land. It obliges government agencies to cooperate with Infrastructure NSW and allows assets, rights and liabilities to vest in Infrastructure NSW or be transferred without separate conveyancing, affecting agencies, state‑owned corporations and private parties in major projects."}},"importantCases":[],"_links":{"self":"/api/acts/infrastructure-nsw-act-2011","history":"/api/acts/infrastructure-nsw-act-2011/history","analysis":"/api/acts/infrastructure-nsw-act-2011/analysis","conflicts":"/api/acts/infrastructure-nsw-act-2011/conflicts","importantCases":"/api/acts/infrastructure-nsw-act-2011/important-cases","documents":"/api/acts/infrastructure-nsw-act-2011/documents"}}