{"id":"nsw:act-2006-040","name":"Property and Development NSW Act 2006","slug":"property-and-development-nsw-act-2006","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"40 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104644,"registerId":"nsw-act-2006-040-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 is the [Property and Development NSW Act 2006](/view/html/inforce/current/act-2006-040).\n> \n> **s 1:** Am 2012 No 93, Sch 2.8 \\[3\\]; 2016 No 55, Sch 1.11 \\[2\\]; 2024 No 27, Sch 1\\[1\\].","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":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of Property and Development NSW.\n> > \n> > contaminated land has the same meaning as in the [Waste Assets Management Corporation Act 2010](/view/html/inforce/current/act-2010-008).\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > government agency means any of the following—\n> > \n> > > (a) a public authority constituted by or under an Act,\n> > \n> > > (b) a statutory body representing the Crown,\n> > \n> > > (c) a Public Service agency,\n> > \n> > but does not include a State owned corporation, a local authority or any person or body exempted by the regulations from this definition.\n> > \n> > interest in land means—\n> > \n> > > (a) a legal or equitable estate or interest in the land, or\n> > \n> > > (b) an easement, right, charge, power or privilege over, or in connection with, the land.\n> > \n> > liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).\n> > \n> > private corporation means a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth formed in or outside New South Wales.\n> > \n> > private subsidiary corporation means a private corporation in which Property and Development NSW has a controlling interest.\n> > \n> > property of a government agency means—\n> > \n> > > (a) land that is vested in the government agency, or land that is vested in the Crown or Her Majesty and that is controlled and used by the government agency, or\n> > \n> > > (b) an interest in land, being an interest that is vested in or held by the government agency.\n> > \n> > Property and Development NSW means Property and Development NSW constituted by section 4.\n> > \n> > Note—\n> > \n> > See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 53(1), which provides for the effect of the alteration of the name of a body.\n> > \n> > rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).\n> > \n> > wholly owned subsidiary corporation means a private corporation in which Property and Development NSW is the only shareholder.\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) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2008 No 62, Sch 1.33 \\[1\\]; 2009 No 96, Sch 25; 2012 No 93, Sch 2.8 \\[4\\]; 2015 No 15, Sch 3.30 \\[1\\] \\[2\\]; 2016 No 55, Sch 1.11 \\[3\\]; 2024 No 27, Sch 1\\[2\\]; 2024 No 82, Sch 2.14.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and management of Property and Development NSW","content":"# Part 2 Constitution and management of Property and Development NSW\n\nPart 2 Constitution and management of Property and Development NSW\n\n**pt 2, hdg:** Am 2012 No 93, Sch 2.8 \\[5\\]; 2024 No 27, Sch 1\\[3\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Property and Development NSW","content":"#### 4 Constitution of Property and Development NSW\n\n4 Constitution of Property and Development NSW\n\n> There is constituted by this Act a corporation with the corporate name of Property and Development NSW.\n> \n> **s 4:** Am 2012 No 93, Sch 2.8 \\[6\\]. Subst 2016 No 55, Sch 1.11 \\[4\\]. Am 2024 No 27, Sch 1\\[4\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Property and Development NSW represents the Crown","content":"#### 5 Property and Development NSW represents the Crown\n\n5 Property and Development NSW represents the Crown\n\n> Property and Development NSW is a statutory body representing the Crown.\n> \n> **s 5:** Am 2012 No 93, Sch 2.8 \\[7\\]. Subst 2024 No 27, Sch 1\\[5\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Ministerial control","content":"#### 6 Ministerial control\n\n6 Ministerial control\n\n> Property and Development NSW is subject to the control and direction of the Minister in the exercise of its functions.\n> \n> **s 6:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Chief Executive Officer","content":"#### 7 Chief Executive Officer\n\n7 Chief Executive Officer\n\n> > (1) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Property and Development NSW.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, Property and Development NSW by the Chief Executive Officer is taken to have been done by Property and Development NSW.\n> \n> **s 7:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\].","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Staff","content":"#### 7A Staff\n\n7A 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 Property and Development 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 Property and Development NSW makes use of) may be referred to as officers or employees, or members of staff, of Property and Development NSW. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes Property and Development NSW from employing staff.\n> \n> **s 7A:** Ins 2015 No 15, Sch 3.30 \\[3\\]. Am 2024 No 27, Sch 1\\[4\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Delegation of Property and Development NSW’s functions","content":"#### 8 Delegation of Property and Development NSW’s functions\n\n8 Delegation of Property and Development NSW’s functions\n\n> > (1) Property and Development NSW may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Property and Development NSW if the delegate is authorised in writing to do so by Property and Development NSW.\n> \n> > (3) This section extends to any function delegated to Property and Development NSW under section 12.\n> \n> > (4) In this section, authorised person means—\n> > \n> > > (a) a member of staff of Property and Development NSW, or\n> > \n> > > (b) a person, or a class of persons—\n> > > \n> > > > (i) approved by the Minister, or\n> > > \n> > > > (ii) prescribed by the regulations.\n> \n> **s 8:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2015 No 15, Sch 3.30 \\[4\\]; 2024 No 27, Sch 1\\[4\\] \\[6\\] \\[7\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Exercise of functions through wholly owned subsidiaries, private subsidiaries etc","content":"#### 9 Exercise of functions through wholly owned subsidiaries, private subsidiaries etc\n\n9 Exercise of functions through wholly owned subsidiaries, private subsidiaries etc\n\n> Any function of Property and Development NSW may be exercised—\n> \n> > (a) by Property and Development NSW itself, or\n> \n> > (a1) by a wholly owned subsidiary corporation, or\n> \n> > (b) by a private subsidiary corporation, or\n> \n> > (c) by Property and Development NSW or such a private subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.\n> \n> **s 9:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\] \\[8\\]–\\[10\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Objectives and functions of Property and Development NSW","content":"# Part 3 Objectives and functions of Property and Development NSW\n\nPart 3 Objectives and functions of Property and Development NSW\n\n**pt 3, hdg:** Am 2012 No 93, Sch 2.8 \\[5\\]; 2024 No 27, Sch 1\\[3\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Objectives of Property and Development NSW","content":"#### 10 Objectives of Property and Development NSW\n\n10 Objectives of Property and Development NSW\n\n> The principal objectives of Property and Development NSW in exercising its functions are as follows—\n> \n> > (a) to improve operational efficiencies in the use of properties of government agencies, particularly generic properties (such as offices, warehouses, depots and car parks),\n> \n> > (b) to manage properties of government agencies in a way that supports the service delivery functions of those agencies,\n> \n> > (b1) to promote development of property that—\n> > \n> > > (i) accords with best practice environmental and planning standards, and\n> > \n> > > (ii) is environmentally sustainable, and\n> > \n> > > (iii) applies innovative environmental building and public domain design,\n> \n> > (c) to provide advice and support within government on property matters,\n> \n> > (d) to operate at least as efficiently as any comparable business, consistently with the principles of ecologically sustainable development and social responsibility for the community (including the indigenous community).\n> \n> **s 10:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\] \\[11\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Functions—generally","content":"#### 11 Functions—generally\n\n11 Functions—generally\n\n> > (1) The principal functions of Property and Development NSW are as follows—\n> > \n> > > (a) to hold, manage, maintain, acquire or dispose of property for the government and government agencies,\n> > \n> > > (b) to carry out, manage, co-ordinate or participate in the development of the property of government agencies (including property of Property and Development NSW),\n> > \n> > > (b1) to design workspaces for use by the government or government agencies, including the fit-out of the workspaces,\n> > \n> > > (c) to arrange, where appropriate, for the sharing of facilities and premises by government agencies to reduce operational expenses for the government,\n> > \n> > > (d) to provide services or do other things for the management, maintenance or improvement of property of government agencies (including property of Property and Development NSW),\n> > \n> > > (d1) to develop, hold and manage information technology relating to land-use analysis or the management, maintenance or improvement of land, including providing access to the technology by government agencies and other persons, whether or not on payment of a fee,\n> > \n> > > (d2) to enter into agreements with—\n> > > \n> > > > (i) government agencies under section 12, or\n> > > \n> > > > (ii) government agencies or other persons in relation to property vested in, or otherwise held or managed by, Property and Development NSW,\n> > \n> > > (e) to provide advice to the Minister in relation to properties of government agencies and, in particular, as to whether those properties are being efficiently utilised,\n> > \n> > > (f) to provide advice to the Minister on the transfer of properties to Property and Development NSW and on budgetary measures relating to the properties of government agencies,\n> > \n> > > (g) to provide advice to the Minister on such matters relating to the properties of government agencies (including the property of Property and Development NSW) as the Minister directs.\n> \n> > (1A) Without limiting subsection (1)(a), Property and Development NSW’s functions include the following—\n> > \n> > > (a) to enter into agreements, including leases and licences, for the use of land and buildings by the government and government agencies,\n> > \n> > > (b) to acquire property so that Property and Development NSW may carry out development, including development that is environmentally sustainable,\n> > \n> > > (c) to acquire, hold and manage contaminated land for a purpose referred to in paragraph (d),\n> > \n> > > (d) to provide services and do other things for the following purposes in relation to contaminated land acquired, held or managed by Property and Development NSW—\n> > > \n> > > > (i) the remediation of the land,\n> > > \n> > > > (ii) the use or development of the land,\n> > > \n> > > > (iii) activities that relate to or are incidental to the remediation, use or development of the land.\n> \n> > (2) Property and Development NSW has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) Property and Development NSW may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.\n> \n> > (4) (Repealed)\n> \n> **s 11:** Am 2012 No 93, Sch 2.8 \\[7\\] \\[8\\]; 2015 No 15, Sch 3.30 \\[5\\]; 2024 No 27, Sch 1\\[4\\] \\[12\\]–\\[15\\].","sortOrder":14},{"sectionNumber":"11A","sectionType":"section","heading":"Requirements in relation to particular leases","content":"#### 11A Requirements in relation to particular leases\n\n11A Requirements in relation to particular leases\n\n> > (1) Property and Development NSW may enter into a lease in relation to a relevant building with a lessee that is not a government agency only if the area the subject of the lease will be used under the lease for a purpose that—\n> > \n> > > (a) is not inconsistent with, or is complementary to, the building’s existing uses, and\n> > \n> > > (b) delivers benefits to the State.\n> \n> > (2) If Property and Development NSW enters into a long-term lease with a lessee that is not a government agency, whether or not the lease is in relation to a relevant building, Property and Development NSW must publish notice of the lease in the Gazette—\n> > \n> > > (a) within the period prescribed in the regulations, or\n> > \n> > > (b) if a period is not prescribed in the regulations—not later than 14 days after entering into the lease.\n> \n> > (3) In this section—\n> > \n> > long-term lease means a lease with an original term of more than 20 years.\n> > \n> > relevant building means a commercial building—\n> > \n> > > (a) owned by Property and Development NSW, and\n> > \n> > > (b) used for the purpose of providing offices for government agencies.\n> \n> **s 11A:** Ins 2024 No 27, Sch 1\\[16\\].","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Agreements for management of property by Property and Development NSW","content":"#### 12 Agreements for management of property by Property and Development NSW\n\n12 Agreements for management of property by Property and Development NSW\n\n> > (1) A government agency may enter into an agreement with Property and Development NSW for Property and Development NSW—\n> > \n> > > (a) to hold property for the agency or to manage, maintain or dispose of property of the agency, or\n> > \n> > > (b) to carry out, manage, co-ordinate or participate in the development of the property of the agency, or\n> > \n> > > (c) to acquire any property on behalf of, or for the purposes of, the agency, or\n> > \n> > > (d) to provide services or do other things for the management, maintenance or improvement of property of the agency.\n> \n> > (2) Any functions of a government agency or person employed in or by a government agency in relation to the management of property that is the subject of an agreement under this section may be delegated to Property and Development NSW, despite the provisions of any other Act.\n> \n> > (3) No trust relationship or any other equitable relationship is established solely because Property and Development NSW holds, manages, maintains, disposes of or acquires property on behalf of, or for the purposes of, a government agency under arrangements entered into under this section.\n> \n> > (4) If a government agency is authorised by or under any Act to use specified funds to acquire, manage, maintain or develop property, the authorisation is taken to extend to providing those funds to Property and Development NSW for the acquisition, management, maintenance or development of the property in accordance with arrangements entered into under this section.\n> \n> **s 12:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2015 No 15, Sch 3.30 \\[6\\]; 2024 No 27, Sch 1\\[4\\] \\[6\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Land dealings","content":"#### 13 Land dealings\n\n13 Land dealings\n\n> > (1) Property and Development NSW may, with the consent of the Minister, sell, lease, exchange or otherwise dispose of or deal with any land vested in Property and Development NSW and grant easements or rights-of-way over such land or any part of it.\n> \n> > (1A) Property and Development NSW may dispose of or deal with land under subsection (1) only for the following purposes—\n> > \n> > > (a) the achievement of Property and Development NSW’s principal objectives under section 10,\n> > \n> > > (b) the exercise of Property and Development NSW’s functions under this part.\n> \n> > (2) The consent of the Minister under subsection (1)—\n> > \n> > > (a) may be given in relation to particular land or a class of land or a particular disposition of or dealing with land or a class of dispositions or dealings, and\n> > \n> > > (b) may be subject to conditions, and\n> > \n> > > (c) may be varied from time to time, and\n> > \n> > > (d) may be withdrawn (but any such withdrawal of consent does not affect any disposition or dealing made, or the subject of a binding agreement made, before the withdrawal).\n> \n> > (3) Property and Development NSW must establish and maintain a register of all land that is, from time to time, vested in or managed by Property and Development NSW.\n> \n> **s 13:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\] \\[17\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Dedication of land","content":"#### 14 Dedication of land\n\n14 Dedication of land\n\n> > (1) Property and Development NSW may, by notification published in the Gazette, declare that it proposes to surrender land vested in it and described or referred to in the notification to the Crown to be dedicated—\n> > \n> > > (a) for any public purpose specified in the notification, or\n> > \n> > > (b) if so specified in the notification, as a public road.\n> \n> > (2) When the land is surrendered—\n> > \n> > > (a) it 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, it 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.\n> \n> > (3) Property and Development NSW may, in a notification published under subsection (1), limit the description of, or reference to, land to a specified depth below the surface of the land. If the description or reference is so limited, subsection (2) does not apply to land below the specified depth.\n> \n> > (4) Property and Development NSW may, by notification published in the Gazette, declare any elevated or subterranean structure owned by Property and Development NSW that continues the line of a public road to be a public road. On the publication of the notification in the Gazette, the structure, except in relation to any vesting of the structure, is taken to be a public road.\n> \n> **s 14:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2017 No 17, Sch 4.78 \\[1\\]; 2024 No 82, Sch 2.14.","sortOrder":18},{"sectionNumber":"14A","sectionType":"section","heading":"Compulsory acquisition of land","content":"#### 14A Compulsory acquisition of land\n\n14A Compulsory acquisition of land\n\n> > (1) Property and Development NSW may acquire land, by agreement or compulsory process, under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) for the following purposes—\n> > \n> > > (a) the achievement of Property and Development NSW’s principal objectives under section 10,\n> > \n> > > (b) the exercise of Property and Development NSW’s functions under this part.\n> \n> > (2) To avoid doubt, subsection (1) does not authorise a private subsidiary corporation to acquire land, by agreement or compulsory process, under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> **s 14A:** Ins 2024 No 27, Sch 1\\[18\\].","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Acquisition of property by gift, devise or bequest","content":"#### 15 Acquisition of property by gift, devise or bequest\n\n15 Acquisition of property by gift, devise or bequest\n\n> > (1) Property and Development NSW may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.\n> \n> > (2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which Property and Development NSW has agreed.\n> \n> > (3) The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply to or in respect of any gift, devise or bequest made or to be made to Property and Development NSW.\n> \n> **s 15:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\].","sortOrder":20},{"sectionNumber":"15A","sectionType":"section","heading":"Dealing with land subject to Crown lease","content":"#### 15A Dealing with land subject to Crown lease\n\n15A Dealing with land subject to Crown lease\n\n> > (1) This section applies if land subject to a lease under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)—\n> > \n> > > (a) is vested in Property and Development NSW by an order under section 19, and\n> > \n> > > (b) the order specifies that the land continues to be subject to a lease.\n> \n> > (2) On the vesting of the property in Property and Development NSW, the lease—\n> > \n> > > (a) ceases to be a lease under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and\n> > \n> > > (b) becomes a lease between the lessee and Property and Development NSW on the same terms as were in force immediately before the vesting.\n> > > \n> > > Note—\n> > > \n> > > See the [Native Title (New South Wales) Act 1994](/view/html/inforce/current/act-1994-045), section 104A, which provides that certain acts under this Act do not extinguish native title rights and interests, and the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), section 36, which provides for claims to Crown lands by the New South Wales Aboriginal Land Council and Local Aboriginal Land Councils.\n> \n> > (3) For the purposes of subsection (2)(b), a reference in the lease, or another instrument in relation to the lease, to the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) is taken to be a reference to Property and Development NSW.\n> \n> **s 15A:** Ins 2024 No 27, Sch 1\\[19\\].","sortOrder":21},{"sectionNumber":"15B","sectionType":"section","heading":"Wholly owned subsidiary corporations","content":"#### 15B Wholly owned subsidiary corporations\n\n15B Wholly owned subsidiary corporations\n\n> > (1) Property and Development NSW may, with the approval of the Treasurer, establish wholly owned subsidiary corporations to hold property for Property and Development NSW.\n> \n> > (2) A wholly owned subsidiary corporation is—\n> > \n> > > (a) a statutory body representing the Crown, and\n> > \n> > > (b) is subject to the direction and control of Property and Development NSW.\n> \n> **s 15B:** Ins 2024 No 27, Sch 1\\[19\\].","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Private subsidiary corporations etc","content":"#### 16 Private subsidiary corporations etc\n\n16 Private subsidiary corporations etc\n\n> > (1) (Repealed)\n> \n> > (2) Property and Development NSW may, but only with the approval of the Minister—\n> > \n> > > (a) form, or participate in the formation of, private corporations, and\n> > \n> > > (b) acquire interests in private corporations, and\n> > \n> > > (c) sell or otherwise dispose of interests in private corporations.\n> \n> > (3) A private subsidiary corporation is not, and does not represent, the Crown.\n> \n> **s 16:** Am 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\] \\[20\\].","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transfers relating to property of government agencies","content":"# Part 4 Transfers relating to property of government agencies\n\nPart 4 Transfers relating to property of government agencies","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Definitions","content":"#### 17 Definitions\n\n17 Definitions\n\n> In this Part—\n> \n> transfer date—see section 19(1A).\n> \n> transferor, in relation to property, means the person or body in whom or which the property was vested immediately before the transfer date.\n> \n> **s 17:** Am 2009 No 56, Sch 4.67 \\[1\\]; 2024 No 27, Sch 1\\[21\\].","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Transfer of property to Property and Development NSW","content":"#### 19 Transfer of property to Property and Development NSW\n\n19 Transfer of property to Property and Development NSW\n\n> > (1) The Minister may, by order published in the Gazette, transfer property specified in the order to Property and Development NSW.\n> \n> > (1A) Property transferred to Property and Development NSW by an order under this section vests in Property and Development NSW on the later of the following dates (the transfer date)—\n> > \n> > > (a) the date the order is published in the Gazette,\n> > \n> > > (b) the date specified in the order.\n> \n> > (1B) Property specified in an order under this section vests in Property and Development NSW for an estate in fee simple, or another interest specified in the order—\n> > \n> > > (a) without the need for further conveyance, transfer, assignment or assurance, and\n> > \n> > > (b) subject to any trusts, estates, interests, dedications, conditions, restrictions and covenants to which the land was subject immediately before the transfer date.\n> \n> > (1C) On the transfer date for the property, the following have effect—\n> > \n> > > (a) the rights and liabilities of the transferor in relation to the property become the rights and liabilities of Property and Development NSW,\n> > \n> > > (b) all proceedings relating to the property commenced but not finished immediately before the transfer date are taken to be proceedings by or against Property and Development NSW,\n> > \n> > > (c) an act, matter or thing done or omitted to be done in relation to the property before the transfer date by or in relation to the transferor is, to the extent the act, matter or thing continues to have force or effect, taken to have been done or omitted to be done by, to or in relation to Property and Development NSW,\n> > \n> > > (d) subject to the regulations, a reference in an Act, an instrument made under an Act or another document to the transferor or a predecessor of the transferor is, to the extent the reference relates to the property or the rights or liabilities of the transferor, taken to be or to include a reference to the transferee.\n> \n> > (2) Property is authorised to be transferred to Property and Development NSW by an order under this section only if it is property of a government agency (including vacant Crown land). This section does not prevent land, the fee simple in which is vested in Her Majesty, the Crown or a government agency, from being transferred by order under this section even if the land is subject to other interests.\n> \n> > (3) Property is not authorised to be transferred to Property and Development NSW by an order under this section if it comprises, wholly or in part, any of the following—\n> > \n> > > (a) land that is reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve or land that is acquired under Part 11 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080),\n> > \n> > > (b) any area that is declared as a marine park under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> > \n> > > (c) any land that is reserved or dedicated under an Act for any purpose, being a reservation or dedication that can only be revoked by an Act,\n> > \n> > > (d) Crown managed land within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) unless the Minister for Lands has given concurrence to the transfer of the particular land identified by the Minister administering this Act.\n> \n> > (4) Subject to the other provisions of this section, property may be transferred by order under this section despite any requirement of any other Act or law that relates to dealing with or disposing of the property.\n> \n> **s 19:** Am 2009 No 56, Sch 4.67 \\[2\\]; 2014 No 72, Sch 4.5; 2017 No 17, Sch 4.78 \\[2\\]; 2024 No 27, Sch 1\\[23\\]–\\[25\\].","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Effect of transfer of property under this Part","content":"#### 20 Effect of transfer of property under this Part\n\n20 Effect of transfer of property under this Part\n\n> > (1) No compensation is payable to any person or body in connection with the operation of this Part.\n> \n> > (2) The operation of this Part is not to be regarded—\n> > \n> > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or\n> > \n> > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.\n> \n> > (3) The operation of this Part is not to be regarded as an event of default under any contract or other instrument.\n> \n> > (4) No attornment to the transferee by a lessee from a transferor is required.\n> \n> > (5) No provision in a lease transferred under this Part to Property and Development NSW is breached solely because Property and Development NSW sublets the property the subject of the lease to a government agency.\n> \n> **s 20:** Am 2008 No 62, Sch 1.33 \\[2\\]; 2012 No 93, Sch 2.8 \\[7\\]; 2024 No 27, Sch 1\\[4\\].","sortOrder":29},{"sectionNumber":"20A","sectionType":"section","heading":"Transfers operate to revoke existing reservations or dedications","content":"#### 20A Transfers operate to revoke existing reservations or dedications\n\n20A Transfers operate to revoke existing reservations or dedications\n\n> > (1) This section applies to Crown land within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> > (2) The vesting of Crown land under this Act revokes any dedication or reservation of the land under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> > (3) This section extends to any Crown land vested under this Act before the commencement of this section that was dedicated or reserved under the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006).\n> \n> > (4) Accordingly, any dedication or reservation of land to which subsection (2) refers is taken to have been revoked on the vesting of the land.\n> \n> **s 20A:** Ins 2017 No 17, Sch 4.78 \\[3\\].","sortOrder":30},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"No duty payable in relation to agreements, vestings or transfers under Act","content":"#### 21 No duty payable in relation to agreements, vestings or transfers under Act\n\n21 No duty payable in relation to agreements, vestings or transfers under Act\n\n> Duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) is not chargeable for or in respect of—\n> \n> > (a) a vesting or transfer of property effected under this Act or in accordance with arrangements entered into under this Act, or\n> \n> > (b) anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.","sortOrder":32},{"sectionNumber":"21A","sectionType":"section","heading":"Land register of GSF agency property","content":"#### 21A Land register of GSF agency property\n\n21A Land register of GSF agency property\n\n> > (1) (Repealed)\n> \n> > (2) A GSF agency is required to furnish to Property and Development NSW details of the following within such time and in such manner as are specified by Property and Development NSW—\n> > \n> > > (a) all land owned or occupied by the GSF agency,\n> > \n> > > (b) the current use of that land,\n> > \n> > > (c) all land which is, at the time at which the details are furnished, considered by the GSF agency to be essential to its operations,\n> > \n> > > (d) all land which is, at the time at which the details are furnished, considered by the GSF agency not to be essential to its operations,\n> > \n> > > (e) in relation to land to which paragraph (d) applies that is owned or occupied by a GSF agency that is not a Public Service agency—\n> > > \n> > > > (i) a valuation of the current market value of that land, and\n> > > \n> > > > (ii) the date and source of that valuation,\n> > \n> > > (f) such other matters relating to the land owned or occupied by the GSF agency as Property and Development NSW may determine.\n> \n> > (2A) For subsection (2)(e)(i), the valuation of the current market value of the land must be prepared in accordance with—\n> > \n> > > (a) any Treasurer’s directions that are applicable, and\n> > \n> > > (b) any applicable policy of the Secretary of the department in which the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) is administered.\n> \n> > (3) Without limiting the generality of subsection (2)(f), Property and Development NSW may require a GSF agency to give detailed reasons and other relevant information to indicate why land to which subsection (2)(c) applies is considered by the GSF agency to be essential to its operations.\n> \n> > (4) A GSF agency that is not a Public Service agency must, at intervals of not more than 3 years, review a valuation of the current market value of land to which subsection (2)(d) applies.\n> \n> > (5) Property and Development NSW must cause to be kept a register which includes the details furnished to Property and Development NSW under this section (or furnished under section 17 of the [Annual Reports (Departments) Act 1985](/view/html/repealed/current/act-1985-156) or under section 14 of the [Annual Reports (Statutory Bodies) Act 1984](/view/html/repealed/current/act-1984-087) before the repeal of those sections).\n> \n> > (6) Property and Development NSW may ask the Valuer-General to—\n> > \n> > > (a) provide advice on the details in the register under subsection (5) or any other matter under this section, or\n> > \n> > > (b) conduct a valuation mentioned in subsection (2)(e)(i) and provide the valuation to Property and Development NSW.\n> \n> > (6A) If Property and Development NSW makes a request under subsection (6)(b)—\n> > \n> > > (a) the request must be in the form approved by the Valuer-General, and\n> > \n> > > (b) a fee determined by the Valuer-General is payable, by the GSF agency that owns or occupies the land, for the valuation.\n> \n> > (7) Property and Development NSW may exempt a GSF agency from compliance with such of the provisions of this section as are specified in the exemption. Property and Development NSW may at any time revoke any such exemption.\n> \n> > (8) An exemption may be granted generally or subject to such conditions as Property and Development NSW may specify in the exemption or in relation to such matters as may be so specified.\n> \n> > (9) A reference in this section to land owned or occupied by a GSF agency that is a Public Service agency is a reference to land owned or occupied, or under the control of, the agency or the Minister to whom the agency is responsible.\n> \n> > (10) In this section—\n> > \n> > GSF agency has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> > \n> > Public Service agency has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> > \n> > Treasurer’s directions has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> **s 21A:** Ins 2012 No 93, Sch 2.8 \\[9\\]. Am 2015 No 15, Sch 3.30 \\[7\\]; 2018 No 70, Sch 4.86\\[1\\]–\\[3\\]; 2024 No 27, Sch 1\\[4\\] \\[26\\]–\\[29\\].","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 Regulations\n\n22 Regulations\n\n> 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.","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 23 Savings, transitional and other provisions\n\n23 Savings, transitional and other provisions\n\n> Schedule 2 has effect.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Review of Act","content":"#### 25 Review of Act\n\n25 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 date of assent to 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":38},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1, hdg:** Am 2012 No 93, Sch 2.8 \\[5\\]. Rep 2024 No 27, Sch 1\\[30\\].\n\n**sch 1:** Am 2007 (41), Sch 1; 2007 (315), Sch 1 \\[1\\]–\\[8\\]; 2008 (18), Sch 1; 2008 (198), Sch 1; 2008 (440), Sch 1; 2008 (460), Sch 1 \\[1\\] \\[2\\]; 2009 (172), Sch 1 \\[1\\]–\\[4\\]; 2009 No 56, Sch 1.37 \\[1\\]–\\[6\\]; 2009 (507), Sch 1 \\[1\\] \\[2\\]; 2009 (607), Sch 1 \\[1\\]–\\[6\\]; 2010 (414), Sch 1 \\[1\\]–\\[5\\]; 2010 (642), cl 3; 2011 (96), Schs 1 \\[1\\] \\[2\\], 2 \\[1\\]–\\[3\\]; 2012 (113), Sch 1 \\[1\\]–\\[3\\]; 2012 (572), Sch 1; 2012 (631), Sch 1 \\[1\\]–\\[3\\]; 2013 (121), Sch 1 \\[1\\]–\\[5\\]; 2013 (244), Sch 1 \\[1\\]–\\[3\\]; 2013 No 47, Sch 2.12; 2013 (517), cl 3; 2013 (660), cl 3; 2014 (161), Sch 1 \\[1\\] \\[2\\]; 2014 (380), Sch 1 \\[1\\]–\\[4\\]; 2014 (560), Sch 1 \\[1\\]–\\[3\\]; 2014 (800), Sch 1 \\[1\\]–\\[3\\]; 2015 (325), cl 3 (1)–(4); 2015 (809), cl 3 (1) (2); 2016 (212), cl 3; 2016 (280), cl 3; 2016 (281), cl 3; 2016 (332), cl 3 (1)–(3); 2016 (333), Sch 1; 2016 (334), cl 3 (1) (2); 2016 (337), cl 3; 2016 (597), cl 3 (1) (2); 2016 No 55, Sch 1.11 \\[5\\]; 2016 (749), cl 3; 2017 (185), Sch 1; 2017 (374), Sch 1; 2017 (484), Sch 1 \\[1\\] \\[2\\]; 2017 (709), cl 3; 2018 (125), Sch 1 \\[1\\] \\[2\\]; 2018 (204), Sch 1; 2018 (262), cl 3; 2018 No 68, Sch 2.27; 2018 (641), Sch 1; 2018 (642), cl 3; 2018 (704), cl 3; 2019 (129), cl 3; 2019 (554), cl 3; 2020 (644), cl 3; 2021 (10), cl 3; 2021 (275), cl 3; 2021 (507), sec 3; 2021 (508), sec 3; 2021 (509), sec 3; 2022 (225), sec 3; 2022 (435), sec 3; 2022 (563), sec 3; 2022 (810), sec 3; 2023 (475), sec 3; 2023 (651), sec 3. Rep 2024 No 27, Sch 1\\[30\\].","sortOrder":39},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 23)\n\n**sch 2:** Am 2008 No 62, Sch 1.33 \\[3\\]; 2009 No 56, Sch 1.37 \\[7\\]–\\[9\\]; 2012 No 93, Sch 2.8 \\[7\\] \\[10\\] \\[11\\]; 2016 No 55, Sch 1.11 \\[6\\] \\[7\\].","sortOrder":40},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 2008 No 62, Sch 4.","sortOrder":53}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The scope has clearly expanded from the original intent. The Act began as the 'State Property Authority Act 2006', focused on managing existing government property assets. Over time it was renamed to reflect a broader mandate — first adding 'Government' branding, then explicitly incorporating 'Development' into the agency's name and functions. This signals a deliberate policy shift from passive property management to active property development, representing a meaningful expansion of the agency's role and powers beyond what was originally contemplated."},"complexity_factors":["Extensive amendment history with over 80 point-in-time versions since 2006, making it difficult to track what rules applied at any given time","Four separate name changes reflecting evolving agency mandates, which can cause confusion when researching historical documents or contracts","Interacts with broader NSW government administrative arrangements, requiring cross-reference to ministerial orders and other legislation","The actual substantive provisions of the Act are not reproduced in the provided text, limiting analysis — the full Act likely contains detailed powers, financial accountability rules, and property transaction mechanisms that add significant complexity","Sits within a broader ecosystem of NSW property, planning, and land management laws that must be read alongside this Act","Dual focus on both property management and development adds breadth to the agency's remit"],"plain_english_summary":"Creates Property and Development NSW, the state agency that manages, buys, sells, leases and develops NSW Government land and property. It sets the legal framework for how public assets are handled and is overseen by the Minister for Lands and Property.\n\nThe Act affects taxpayers, businesses, other agencies and landowners involved in government land transactions; frequent amendments and name changes reflect its expanding responsibilities."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2006 scope. Originally focused on property management and transfers, it has grown to include: (1) compulsory land acquisition powers (2024), (2) contaminated land remediation functions, (3) information technology and land-use analysis services, (4) workspace design and fit-out services, (5) detailed leasing restrictions for commercial buildings, (6) wholly owned subsidiary corporation mechanisms, and (7) extensive reporting requirements for GSF agencies. The 2024 amendments also added specific governance restrictions on long-term leases and non-government tenancies, shifting from pure property management to active development and commercial oversight."},"complexity_factors":["Multiple name changes over time (State Property Authority → Government Property NSW → Property NSW → Property and Development NSW) requiring cross-referencing with the Interpretation Act 1987","18 defined terms in section 3, with several incorporating definitions from other Acts by reference (e.g., 'contaminated land', 'GSF agency', 'Treasurer's directions')","Nested conditional logic in section 19 (transfer of property) with 4 subsections containing multiple paragraphs and sub-paragraphs, plus exclusions for protected land (national parks, marine parks, etc.)","Complex interaction between Parts 3 and 4 regarding property transfers, vesting dates, and automatic succession of rights/liabilities","Multiple subsidiary mechanisms: wholly owned subsidiaries (statutory), private subsidiaries (non-Crown), and joint ventures — each with different legal statuses and approval requirements","Section 21A imposes ongoing reporting obligations on GSF agencies with 3-yearly valuation reviews and potential exemptions","Schedule 2 contains transitional provisions spanning multiple amending Acts from 2008–2016 with specific property transfers and name change mechanics"],"plain_english_summary":"This Act creates **Property and Development NSW** — a government body that acts as the property manager for the New South Wales Government.\n\n**What it does:**\n- Establishes Property and Development NSW as a statutory corporation that represents the Crown (meaning it acts on behalf of the government).\n- Gives it broad powers to **buy, sell, lease, develop, and manage** government property — everything from office buildings to contaminated land.\n- Allows it to form **subsidiary companies** (wholly owned or partially owned private corporations) to handle property deals.\n- Lets government agencies transfer their property to Property and Development NSW through a formal Gazette order, with all rights and liabilities moving automatically.\n\n**Who it affects:**\n- **Government agencies** — they can hand over property management to Property and Development NSW and must report their land holdings to it.\n- **Property and Development NSW staff** — the CEO runs day-to-day operations, and staff are employed under public service rules.\n- **Private sector partners** — the body can enter joint ventures, leases, and development deals with private companies.\n\n**Why it matters:**\nThe Act aims to make government property management more efficient and business-like. It centralises control of government real estate, encourages shared use of facilities to cut costs, and promotes environmentally sustainable development. It also provides a legal framework for compulsory land acquisition (taking land even if the owner doesn't want to sell) and protects transfers from stamp duty and certain contractual restrictions.\n\n**Key recent additions (2024):**\n- New rules for **long-term leases** (over 20 years) requiring public notification.\n- Restrictions on leasing commercial office buildings to non-government tenants unless the use is compatible and benefits the State.\n- Explicit power to **compulsorily acquire land** for property development purposes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded since enactment. Recent and listed amendments broaden Property and Development NSW's operational and acquisition powers (including compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 — s 14A), permit functions to be exercised through wholly owned and private subsidiary corporations (ss 9, 15B, 16), add requirements for certain long‑term or commercial leases (s 11A), and impose a land register and valuation/reporting duties on GSF agencies (s 21A). These additions extend both transactional authority and administrative reporting obligations beyond the original property‑management role."},"complexity_factors":["Extensive cross-references to multiple other Acts (e.g. Land Acquisition (Just Terms Compensation) Act 1991; Crown Land Management Act 2016; Duties Act 1997; Government Sector Finance Act 2018) which require readers to consult external statutes to understand effects (see ss 14A, 15A, 21, 21A).","Ministerial control and discretionary consent points that affect core powers (ministerial consent for land dealings, approval required for private corporations) creating administrative discretion (ss 6, 13, 16).","Vesting and transfer mechanics that automatically move rights, liabilities and proceedings to the agency on a transfer date, and that preserve prior trusts/conditions while revoking some reservations (ss 19, 20, 20A).","A no‑compensation / non‑remedial clause for transfers reducing remedies available to affected parties and altering standard property protections (s 20(1)–(4); s 21).","Delegation and sub‑delegation framework permitting wide exercise of functions by staff, approved classes or prescribed persons, increasing operational permutations (s 8).","Authority to form wholly owned statutory subsidiaries and private subsidiaries, and to exercise functions through them, complicating governance and Crown representation status (ss 9, 15B, 16).","Specific transactional rules (e.g. publication in Gazette for long‑term leases, limits on leases of ‘relevant buildings’) add procedural compliance steps (s 11A).","Reporting and register obligations for GSF agencies, valuation requirements and power to charge fees introduce data, timing and cost burdens (s 21A).","Regulation‑making power allows the Governor to prescribe consequential or savings rules, which can alter practical effect and timing (s 22; Schedule 2).","Multiple amendment and transitional provisions (schedules and inserted clauses) create path‑dependent effects and require attention to historical changes (Schedule 2 and amendment notes)."],"plain_english_summary":"This Act creates Property and Development NSW as a statutory corporation that represents the Crown and gives it legal powers to acquire, hold, manage, develop, lease and dispose of government property, to enter property-related agreements, to establish subsidiaries and to delegate functions. \n\nIt affects government agencies, tenants and private corporations by shifting ownership and management decisions to a single agency, enabling transfers (including compulsory acquisition in some cases), imposing reporting duties and limiting compensation or contractual remedies arising from those transfers."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/property-and-development-nsw-act-2006","history":"/api/acts/property-and-development-nsw-act-2006/history","analysis":"/api/acts/property-and-development-nsw-act-2006/analysis","conflicts":"/api/acts/property-and-development-nsw-act-2006/conflicts","importantCases":"/api/acts/property-and-development-nsw-act-2006/important-cases","documents":"/api/acts/property-and-development-nsw-act-2006/documents"}}