Overview: This Act gives Infrastructure NSW responsibility to plan, develop and manage the Barangaroo precinct, including establishing and regulating the Barangaroo Reserve and public domain, controlling land dealings and delivering associated infrastructure. Developers carrying out works in Barangaroo pay a 1% development levy into a dedicated Barangaroo Fund; major disposals and certain actions require Ministerial approval.
The Act also restricts outright sales of core land, sets lease-term limits, prescribes how maps and transfers operate, creates offences for misuse of information, and enables regulations for public use and fees.
This Act creates the statutory architecture for the planning, acquisition, management, financing and regulation of Barangaroo, and transfers the functions, assets and liabilities of the former Barangaroo Delivery Authority to Infrastructure NSW. Mechanically, it does the following.
Identifies the area and public components by reference to maps that are adopted by the Minister and may be amended or combined (definition of Barangaroo, Barangaroo Reserve, public domain; s 4; maps rules at s 5).
Confers a set of principal and ancillary functions on Infrastructure NSW in respect of Barangaroo, including promotion, facilitation, procurement and management of development and infrastructure, and the development and management of the Barangaroo Reserve and public domain (s 14).
Enables Infrastructure NSW to acquire land by agreement or compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, and treats acquisitions as authorised public works for the purposes of the Public Works Act 1912 (s 16).
Limits Infrastructure NSW’s ability to dispose of fee simple interests in land vested under the Act: disposal of fee simple is not permitted except by surrender to the Crown; Infrastructure NSW may, with the Minister’s consent, dispose of other interests, and may grant leases or licences up to 99 years (ss 17-18).
Provides procedures for dedication of land to the Crown and for declaring structures to be public roads (s 19), and makes Infrastructure NSW a roads authority in respect of public roads vested in it (s 20).
Provides a statutory contributions regime for development in Barangaroo: Infrastructure NSW must prepare and approve a Barangaroo contributions plan that, if approved by the Minister, imposes a 1% levy on development cost, specifies the developments to which it applies and sets how cost is calculated and how contributions may be used (s 31-32). Where contributions under the plan apply, certain contributions provisions of the Environmental Planning and Assessment Act 1979 and the City of Sydney Act 1988 do not apply (s 34).
Current sections
Direct links to the current provisions in Barangaroo Act 2009.
development has the same meaning as in the Environmental Planning and Assessment Act 1979 and includes a project within the meaning of Part 3A of that Act and State significant infrastructure within the meaning of Part 5.1 of that Act.
(b) the public places (within the meaning of the Local Government Act 1993), other than the Barangaroo Reserve and the land referred to in paragraph (a), that are situated within Barangaroo and that are vested in or managed by Infrastructure NSW under this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2011 No 22, Sch 2.2; 2015 No 58, Sch 3.10 [1]; 2017 No 22, Sch 1.1 [2]; 2019 No 8, Sch 4 [4]–[7].
5
Maps
5 Maps
5 Maps
(1) A reference in this Act to a named map is a reference to a map by that name:
(a) approved by the Minister on 26 February 2009, and
(b) as amended or replaced from time to time by maps declared in accordance with this section to amend or replace that map.
(2) The declaration that a map amends or replaces a named map:
(a) in the case of a map that has the effect of altering the area of the Barangaroo Reserve—is to be made by the regulations, and
(b) in any other case—is to be made by proclamation.
(3) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Act to any such named map is a reference to the relevant part or aspect of the single map.
(4) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(5) For the purposes of this Act, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Act are to be made available on the official NSW legislation website in connection with this Act.
Part 2
Part 2
Part 2
secs 6–13 (Repealed)
pt 2: Rep 2019 No 8, Sch 4 [8].
ss 6–8: Rep 2019 No 8, Sch 4 [8].
s 9: Am 2012 No 42, Sch 1.3 [1] [2]; 2017 No 63, Sch 1.1 [1]. Rep 2019 No 8, Sch 4 [8].
s 10: Rep 2019 No 8, Sch 4 [8].
s 11: Rep 2019 No 8, Sch 4 [8].
s 11A: Ins 2015 No 58, Sch 3.10 [2]. Rep 2019 No 8, Sch 4 [8].
s 12: Rep 2019 No 8, Sch 4 [8].
s 13: Rep 2019 No 8, Sch 4 [8].
Part 3
Functions
Part 3 Functions
Part 3 Functions
pt 3, hdg: Am 2019 No 8, Sch 4 [9].
Division 1
Principal functions
Division 1 Principal functions
Division 1 Principal functions
14
Principal functions of Infrastructure NSW under this Act
14 Principal functions of Infrastructure NSW under this Act
14 Principal functions of Infrastructure NSW under this Act
(1) Infrastructure NSW has the following functions under this Act:
(a) to promote, procure, facilitate and manage the orderly and economic development and use of Barangaroo, including the provision and management of infrastructure,
(b) to promote, procure, organise, manage, undertake, secure, provide and conduct cultural, educational, residential, commercial, transport, tourist and recreational activities and facilities at Barangaroo,
(c) to develop and manage the Barangaroo Reserve and public domain so as to encourage its use by the public and to regulate the use of those areas,
(d) to facilitate and provide for appropriate commercial activities within the Barangaroo Reserve and public domain that are consistent with their use for cultural, educational and recreational activities and the use and enjoyment of those areas by the public,
(e) to promote development within Barangaroo that accords with best practice environmental and town planning standards, is environmentally sustainable and applies innovative environmental building and public domain design,
(f) to liaise with Government agencies with respect to the co-ordination and provision of infrastructure associated with Barangaroo,
(g) to undertake the delivery of infrastructure associated with Barangaroo or that relates to the principal functions under this Act of Infrastructure NSW.
(2) (Repealed)
(3) Infrastructure NSW is not limited to exercising its functions under this Act on or in relation to land within Barangaroo.
(4) Infrastructure NSW may only exercise its functions under this Act with respect to land outside Barangaroo with the approval of the Minister.
s 14: Am 2015 No 58, Sch 3.10 [3]; 2019 No 8, Sch 4 [10].
(2) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and Infrastructure NSW is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
17
Land dealings
17 Land dealings
17 Land dealings
(1) Infrastructure NSW has no power to sell or exchange the whole or any part of any land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve), or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2) However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, mortgage, lease or otherwise dispose of an interest (other than the fee simple) in land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve) and grant easements or rights-of-way over land vested in Infrastructure NSW or any part of it.
(3) This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4) Infrastructure NSW must establish and maintain a public register of all land that is, from time to time, vested in or managed by Infrastructure NSW under this Act.
(5) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
s 17: Am 2019 No 8, Sch 4 [12] [13].
18
Restrictions on disposal of Barangaroo Reserve
18 Restrictions on disposal of Barangaroo Reserve
18 Restrictions on disposal of Barangaroo Reserve
(1) Infrastructure NSW has no power to sell or exchange the whole or any part of the Barangaroo Reserve, or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2) However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, lease, mortgage or otherwise dispose of an interest (other than the fee simple) in the Barangaroo Reserve or affect or create an estate or interest in the Barangaroo Reserve.
(3) This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
19
Dedication of land
19 Dedication of land
19 Dedication of land
(1) Infrastructure NSW may, by notification published in the Gazette, declare that it proposes to surrender land described or referred to in the notification to the Crown to be dedicated:
(a) for any public purpose specified in the notification, or
(b) if so specified in the notification, as a public road.
(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 as a public road.
(3) Infrastructure 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.
(4) Infrastructure NSW may, by notification published in the Gazette, declare any elevated or subterranean structure owned by Infrastructure 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.
s 19: Am 2017 No 17, Sch 4.5 [1].
20
Roads
20 Roads
20 Roads
(1) A road that is within Barangaroo cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of Infrastructure NSW.
(2) Except as provided by subsection (1), this Part does not affect the application of the Roads Act 1993 or any other Act to a road that is within Barangaroo.
(3) Infrastructure NSW is a roads authority for the purposes of the Roads Act 1993 in respect of the public roads vested in it.
21
Acquisition of property by gift, devise or bequest
21 Acquisition of property by gift, devise or bequest
21 Acquisition of property by gift, devise or bequest
(1) Infrastructure 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.
(2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which Infrastructure NSW has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to Infrastructure NSW.
22
Dealings with certain property acquired by gift, devise or bequest
22 Dealings with certain property acquired by gift, devise or bequest
22 Dealings with certain property acquired by gift, devise or bequest
(1) Infrastructure NSW must not sell, lease, exchange or otherwise dispose of or deal with property acquired by gift, devise or bequest except:
(a) if the property has been acquired subject to a condition to which Infrastructure NSW has agreed under section 21 (1), in accordance with the condition, or
(b) in any other case with the approval of the Minister.
(2) Despite subsection (1) but subject to subsection (3), if Infrastructure NSW decides that any property that has been acquired by Infrastructure NSW subject to a condition to which Infrastructure NSW has agreed under section 21 (1) is not required for the purposes of Infrastructure NSW, Infrastructure NSW may:
(a) sell the property and retain the proceeds of the sale as property of Infrastructure NSW, or
(b) exchange the property for other property, or
(c) if Infrastructure NSW is of the opinion that the property is of no commercial value, dispose of the property without valuable consideration,
in contravention of the condition.
(3) Infrastructure NSW must not sell, exchange or otherwise dispose of any property under subsection (2) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(4) The Minister may consent to the sale, exchange or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
23
23
23 (Repealed)
24
Regulation of Barangaroo Reserve and public domain
24 Regulation of Barangaroo Reserve and public domain
24 Regulation of Barangaroo Reserve and public domain
(1) Infrastructure NSW may enter into an agreement with Place Management NSW for the exercise by Place Management NSW of its regulatory powers under the Place Management NSW Act 1998 and the regulations under that Act in respect of any land within Barangaroo Reserve and the public domain.
(2) An agreement under this section may, but is not required to, make provision for the following matters:
(a) the payment by Infrastructure NSW of fees to Place Management NSW,
(b) the payment to Infrastructure NSW of fees or other charges collected by Place Management NSW when exercising functions under the agreement,
(c) the provision of information to Infrastructure NSW by Place Management NSW relating to the exercise of its functions with respect to the land covered by the agreement,
(d) additional services to be provided by or on behalf of Place Management NSW in respect of the land covered by the agreement,
(e) conditions for the exercise of regulatory powers by Place Management NSW.
(3) Subsection (2) does not limit the matters that may be included in an agreement under this section.
(4) Land that is subject to an agreement under this section is taken to be managed land for the purposes of the Place Management NSW Act 1998 and land within a public area for the purposes of the regulations under that Act.
(5) Section 22 (Roads) of the Place Management NSW Act 1998 does not apply to land the subject of an agreement under this section.
(6) Any dispute arising under an agreement under this section between Infrastructure NSW and Place Management NSW may be resolved by the Minister.
(7) Infrastructure NSW and Place Management NSW must comply with any direction arising out of the resolution of any such dispute and for that purpose is empowered to do so, despite the provisions of this or any other Act.
s 24: Am 2017 No 22, Sch 1.1 [3].
24A
Ministerial approval and consent
24A Ministerial approval and consent
24A Ministerial approval and consent
The approval or consent of the Minister under this Division may be given generally or be limited to a particular case or class of cases and may be withdrawn at any time.
s 24A: Ins 2017 No 22, Sch 1.1 [4].
Part 4
Transfer of land
Part 4 Transfer of land
Part 4 Transfer of land
pt 4, hdg: Am 2019 No 8, Sch 4 [14].
29
Transfer of land or management of land of other public authorities
29 Transfer of land or management of land of other public authorities
29 Transfer of land or management of land of other public authorities
(1) If the Minister for a public authority that owns land within Barangaroo agrees that the land is not being used or required for the core activities of the public authority, the public authority is to transfer:
(a) the land, or
(b) the management of the land,
to Infrastructure NSW, subject to the terms and conditions agreed to between the Minister for the public authority and the Minister administering this Act.
(2) The Minister administering the Crown Land Management Act 2016 may transfer to Infrastructure NSW, subject to the terms and conditions agreed to between that Minister and the Minister administering this Act, Crown land within Barangaroo or the management of any such Crown land.
(4) An agreement may state whether the transfer is subject to the payment of compensation and, if compensation is to be paid, the amount of the compensation or the basis on which it is to be determined.
(5) A public authority whose land is managed by Infrastructure NSW under an agreement with the public authority may delegate its functions in respect of the land to Infrastructure NSW, despite the provisions of any other Act.
(6) In this section:
Crown land has the same meaning that it has in the Crown Land Management Act 2016, but does not include Crown managed land within the meaning of that Act.
Minister for a public authority means the Minister administering:
(a) the Act by which the public authority is constituted or established, or
(b) in the case of a subsidiary, the Act by which the subsidiary’s parent is constituted or established.
public authority means a public authority constituted by or under an Act, and includes:
(a) a Public Service agency, and
(b) a statutory body representing the Crown, a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary (within the meaning of that Act), and
(c) a member of staff or other person who exercises functions on behalf of a public authority,
but does not include a council.
transfer of land includes the sale, lease, exchange or other disposal of or dealing with Crown land or the grant of easements or rights-of-way over, or licences or permits in respect of, Crown land.
(7) Any dispute arising under this section between the Minister administering this Act and the Minister for a public authority or the Minister administering the Crown Land Management Act 2016 may be resolved by the Premier.
(8) A Minister or public authority must comply with any direction arising out of the resolution of a dispute under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.
s 29: Am 2015 No 58, Sch 3.10 [4]; 2017 No 17, Sch 4.5 [2]–[4].
30
Transfer of maritime land
30 Transfer of maritime land
30 Transfer of maritime land
(1) Infrastructure NSW must transfer to the Maritime Authority of NSW (the Maritime Authority) any land below the mean high water mark that is within Barangaroo on the commencement of the operation of a commuter ferry wharf at Barangaroo or at such other time as may be agreed between the Minister responsible for the Maritime Authority and the Minister administering this Act. The transfer is to be subject to such terms and conditions as may be agreed to by those Ministers.
(2) Any dispute arising under this section between the Minister responsible for the Maritime Authority and the Minister administering this Act may be resolved by the Premier.
(3) A Minister, Infrastructure NSW or the Maritime Authority must comply with any direction arising out of the resolution of a dispute under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.
(4) Nothing in this section affects the functions of Infrastructure NSW with respect to land.
(5) This section has effect despite sections 17 and 18.
s 30: Am 2019 No 8, Sch 4 [16].
Part 5
Contributions and finance
Part 5 Contributions and finance
Part 5 Contributions and finance
31
Definitions
31 Definitions
31 Definitions
In this Division:
Barangaroo contributions plan means the Barangaroo contributions plan prepared and approved under section 32.
development contribution means an amount of levy payable under the Barangaroo contributions plan.
development contributions provisions—see section 34 (2).
planning agreement—see section 35 (4).
32
Barangaroo contributions plan
32 Barangaroo contributions plan
32 Barangaroo contributions plan
(1) Infrastructure NSW must prepare and approve a Barangaroo contributions plan.
(2) The Barangaroo contributions plan has no effect unless it is approved by the Minister.
(3) The Barangaroo contributions plan must provide for the following:
(a) the payment of a levy of 1% to Infrastructure NSW on development, calculated in respect of the cost of development of land,
(b) the development within Barangaroo to which the levy will apply,
(c) the manner in which the cost of development is to be calculated,
(d) the purposes for which a development contribution may be used, including the provision of local, State and regional infrastructure on or associated with the development of Barangaroo (whether or not situated within Barangaroo),
(e) the proposed timing for delivery of infrastructure for which development contributions are to be used.
(4) Infrastructure NSW may amend or replace the Barangaroo contributions plan.
(5) An amendment to, or replacement of, the Barangaroo contributions plan has no effect unless it is approved by the Minister.
(6) The regulations may make provision for or with respect to the preparation, approval and amendment of the Barangaroo contributions plan, including the format, structure and subject-matter of the plan.
33
Developer agreements subject to condition requiring payment of development contributions
33 Developer agreements subject to condition requiring payment of development contributions
33 Developer agreements subject to condition requiring payment of development contributions
(1) A development agreement relating to development within Barangaroo for which a development contribution is payable under the Barangaroo contributions plan is subject to a condition that the development contribution must be paid to Infrastructure NSW in accordance with that plan.
(2) A failure by a party to a development agreement to pay the whole or any part of a development contribution in accordance with the Barangaroo contributions plan is taken to be a breach of that agreement and is enforceable as such.
(3) A development agreement may provide for the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution.
(4) For the purposes of subsection (2), a party to a development agreement is not in breach of that agreement if:
(a) the party fails to provide the whole or part of a development contribution, and
(b) the party has entered into an agreement, in accordance with subsection (3), to provide works in kind or to dedicate land instead of paying the whole or that part of the development contribution.
(5) A development agreement may contain provisions, not inconsistent with the Barangaroo contributions plan, as to the payment of a development contribution.
(6) No contract or agreement entered into before or after the commencement of this section operates to annul, vary or exclude the provisions of this section.
(7) This section has effect despite any other Act or law.
(8) In this section:
development agreement means an agreement between Infrastructure NSW and one or more other persons:
(a) under which the person agrees to carry out development within Barangaroo (whether or not the agreement also relates to development outside Barangaroo), and
(b) that may or may not provide for the disposal by Infrastructure NSW of an interest in the land concerned, and
(c) that may be a planning agreement.
34
Contributions provisions of other planning Acts not to apply
34 Contributions provisions of other planning Acts not to apply
34 Contributions provisions of other planning Acts not to apply
(1) The development contributions provisions of the Environmental Planning and Assessment Act 1979 and the City of Sydney Act 1988 (the planning Acts) do not apply to or in respect of any development for which a development contribution is payable under the Barangaroo contributions plan.
(2) The development contributions provisions of the planning Acts are the following provisions:
(2) A planning agreement entered into under the Environmental Planning and Assessment Act 1979 may provide for the payment of the whole or part of a development contribution under this Division, or the provision of works in kind or the dedication of land instead of the payment of the whole or part of a development contribution under this Division, in addition to any other matters the agreement may provide for under that Act.
(3) Any such planning agreement is not required to comply with the provisions of the Environmental Planning and Assessment Act 1979 relating to the exclusion or otherwise of the development contributions provisions of that Act in relation to development referred to in section 34 (1).
(4) In this Division:
planning agreement means an agreement entered into under:
(1) There is to be established in the Special Deposits Account a Barangaroo Fund (the Fund) into which is to be paid:
(a) all money advanced to Infrastructure NSW by the Treasurer for the purposes of this Act or appropriated by Parliament for the purposes of Infrastructure NSW in connection with exercising its functions under this Act, and
(b) all money directed or authorised to be paid into the Fund by or under this or any other Act, and
(c) development contributions or other payments made under Division 1, and
(d) the proceeds of the investment of money in the Fund, and
(e) all money received by Infrastructure NSW for the purposes of this Act from any other source.
(2) Money may be paid from the Fund for the following purposes:
(a) enabling Infrastructure NSW to exercise its functions under this Act,
(b) the provision of infrastructure in Barangaroo by a public authority or council,
(c) payments in respect of liabilities transferred to Infrastructure NSW under Part 4.
(3) All expenditure incurred by Infrastructure NSW under this Act is to be paid from the Fund.
s 36: Am 2019 No 8, Sch 4 [17]–[21].
37
37
37 (Repealed)
38
Investment of money in Fund
38 Investment of money in Fund
38 Investment of money in Fund
Infrastructure NSW may invest money in the Barangaroo Fund:
(a) if Infrastructure NSW is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Infrastructure NSW is permitted to invest money under that Part, or
(b) if Infrastructure NSW is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
s 38: Subst 2018 No 70, Sch 3.5.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
39
No duty payable in relation to agreements, vestings or transfers under Act
39 No duty payable in relation to agreements, vestings or transfers under Act
39 No duty payable in relation to agreements, vestings or transfers under Act
Duty under the Duties Act 1997 is not chargeable for or in respect of:
(a) a vesting or transfer of land or other property effected under this Act or in accordance with arrangements entered into under this Act, or
(b) anything certified by the Minister as having been done in consequence of such a vesting or transfer or under any such arrangements.
40
40
40, 41 (Repealed)
42
Disclosure of information
42 Disclosure of information
42 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act, or
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty: 20 penalty units.
43
Misuse of information
43 Misuse of information
43 Misuse of information
(1) If, through association with Infrastructure NSW, a person has knowledge of specific information relating to proposals made, or to be made, by Infrastructure NSW in respect of the acquisition, development or disposal of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person contravenes this subsection if the person:
(a) deals, directly or indirectly, in that or in any other land for the purpose of gaining an advantage for the person by the use of that information, or
(b) divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that or in any other land.
Maximum penalty: 20 penalty units.
(2) If, through association with Infrastructure NSW, a person is in a position to influence proposals made, or to be made, by Infrastructure NSW in respect of the acquisition, development or disposal of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person contravenes this subsection if:
(a) the person does so for the purpose of gaining an advantage for the person, or
(b) the person does so for the purpose of enabling another person to gain an advantage.
Maximum penalty: 20 penalty units.
(3) If:
(a) a contravention of subsection (1) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, or
(b) a contravention of subsection (2) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, being an advantage which would not have been gained if the proposals concerned had not been influenced,
any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence in respect of a contravention of subsection (1) or (2), liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.
(4) If a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and:
(a) in the case of any dealing to which subsection (1) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the specific information used to gain that advantage had been generally known at that time, or
(b) in any case to which subsection (2) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the proposals concerned had not been influenced.
(5) An action to recover a loss referred to in subsection (3) may not be brought more than 5 years after the dealing in land in relation to which the loss was incurred.
(6) For the purposes of this section, a person is associated with Infrastructure NSW:
(a) if the person is a member of the Board, or a member of staff of Infrastructure NSW, or a person of whose services Infrastructure NSW makes use, or who is otherwise appointed, employed or engaged, pursuant to this Act, or
(b) if the person is a committee member of an advisory committee, or
(c) if the person is an employee of the Department within the meaning of the Environmental Planning and Assessment Act 1979 or a person who is a member of a committee or subcommittee established by or under that Act, or
(d) if the person is an officer or an employee of a council, or
(e) if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for Infrastructure NSW, the Minister, the Department of Planning and Environment or a council, or
(f) where the person, so associated by virtue of paragraph (e), is a corporation, if the person is a director, manager or secretary of the corporation.
s 43: Am 2015 No 58, Sch 3.10 [5] [6].
44
Nature of proceedings for offences
44 Nature of proceedings for offences
44 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
s 44: Am 2009 No 106, Sch 4.5.
45
Penalty notices
45 Penalty notices
45 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note—
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6) In this section, authorised officer means a person authorised in writing by Infrastructure NSW as an authorised officer for the purposes of this section.
s 45: Subst 2017 No 22, Sch 3.3.
46
46
46, 47 (Repealed)
48
Recovery of money
48 Recovery of money
48 Recovery of money
Any charge, fee or money due or payable to Infrastructure NSW under this Act may be recovered as a debt in a court of competent jurisdiction.
s 48: Am 2019 No 8, Sch 4 [22].
49
Service of documents
49 Service of documents
49 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii) sending it by facsimile transmission to the facsimile number of the person or by email to the internet address of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile number of the body corporate or by email to the internet address of the body corporate.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
50
Regulations
50 Regulations
50 Regulations
(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.
(2) In particular, regulations may be made for or with respect to the following:
(a) the functions of Infrastructure NSW under this Act,
(b) the fees and charges that may be imposed for the purposes of this Act,
(c) (Repealed)
(d) regulating the use by the public of, and the conduct of the public on, land vested in or managed by Infrastructure NSW under this Act or public areas within Barangaroo,
(e) regulating the use of facilities of Infrastructure NSW and the provision of services by Infrastructure NSW,
(f) requiring the payment of fares or other charges for the use of any facility operated or service provided by Infrastructure NSW under this Act,
(g) authorising a person granted a lease, licence or other authority by Infrastructure NSW to require the payment of fares or other charges for the use of any facility operated or service provided under the lease, licence or other authority,
(h) conferring on Infrastructure NSW for the purposes of this Act any function that may be exercised by a council in relation to a public place.
(3) The regulations may create an offence punishable by a maximum penalty of 20 penalty units.
s 50: Am 2019 No 8, Sch 4 [22]–[24].
51
Review of Act
51 Review of Act
51 Review of Act
(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.
(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.
(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.
Schedule 1
Schedule 1
Schedules 1, 2 (Repealed)
sch 1: Am 2012 No 42, Sch 1.3 [3]; 2015 No 58, Sch 3.10 [7]; 2017 No 22, Sch 1.1 [5]; 2017 No 63, Sch 1.1 [2]. Rep 2019 No 8, Sch 4 [25].
sch 2: Rep 2019 No 8, Sch 4 [26].
Schedule 3
Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
sch 3: Am 2019 No 8, Sch 4 [27] [28].
6
Provisions relating to transfers of assets, rights and liabilities
6 Provisions relating to transfers of assets, rights and liabilities
6 Provisions relating to transfers of assets, rights and liabilities
(1) In this clause, the person or body from which any assets, rights or liabilities are transferred is called the transferor and the person or body to which they are transferred is the transferee.
(2) When any assets, rights or liabilities are transferred by or under this Division, the following provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become, by virtue of this clause, the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer,
(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations), to be read as, or as including, a reference to the transferee.
(3) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(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, or
(d) as an event of default under any contract or other instrument.
(4) No attornment to the transferee by a lessee from the transferor is required.
(5) Duty under the Duties Act 1997 is not chargeable in respect of:
(a) a transfer by or under this Division, or
(b) anything certified by the Treasurer as having been done in consequence of a transfer by or under this Division (for example, the transfer or conveyance of an interest in land).
(6) The Minister may, by notice in writing, confirm a transfer by or under this Division of particular assets, rights or liabilities. The notice is conclusive evidence of that transfer.
(7) In this clause, instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
7
References to Barangaroo Delivery Authority
7 References to Barangaroo Delivery Authority
7 References to Barangaroo Delivery Authority
(1) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Barangaroo Delivery Authority is to be construed as a reference to Infrastructure NSW.
(2) Any act, matter or thing done or omitted to be done before the dissolution of the Barangaroo Delivery Authority by, to or in respect of the Barangaroo Delivery Authority is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Infrastructure NSW.
8
Abolition of Board of Barangaroo Delivery Authority
8 Abolition of Board of Barangaroo Delivery Authority
8 Abolition of Board of Barangaroo Delivery Authority
(1) The Board of the Barangaroo Delivery Authority is abolished.
(2) Each person holding office as a member of the Board of the Barangaroo Delivery Authority ceases to hold office as a member of the Board on its abolition and is not entitled to any remuneration or compensation for the loss of that office.
This Act commences on the date of assent to this Act.
3 Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are as follows:
(a) to encourage the development of Barangaroo as an active, vibrant and sustainable community and as a location for national and global business,
(b) to create a high quality commercial and mixed use precinct connected to and supporting the economic development of Sydney,
(c) to facilitate the establishment of Barangaroo Reserve and public domain land,
(d) to promote the orderly and sustainable development of Barangaroo balancing social, economic and environmental outcomes,
(e) to create in Barangaroo an opportunity for design excellence outcomes in architecture and public domain design.
4 Definitions
4 Definitions
4 Definitions
(1) In this Act:
Barangaroo means the land identified as the Barangaroo operational area on the Barangaroo Operational Area Map.
Barangaroo Reserve means land identified as the Barangaroo Reserve on the Barangaroo Reserve and Public Domain Map.
council has the same meaning as in the Local Government Act 1993.
development has the same meaning as in the Environmental Planning and Assessment Act 1979 and includes a project within the meaning of Part 3A of that Act and State significant infrastructure within the meaning of Part 5.1 of that Act.
exercise a function includes perform a duty.
function includes a power, authority or duty.
Infrastructure NSW means Infrastructure NSW constituted under the .
Barangaroo Act 2009 (New South Wales) | Zoe
Establishes the Barangaroo Fund in the Special Deposits Account into which development contributions, appropriations, advances and other receipts are to be paid, and from which expenditure under the Act is to be met (s 36). Investment of the Fund is governed by the Government Sector Finance Act rules if Infrastructure NSW is a GSF agency, otherwise by Ministerial approval with Treasurer concurrence (s 38).
Provides for the transfer of maritime land to the Maritime Authority of NSW upon the commencement of a commuter ferry wharf, and authorises transfers of land or management from other public authorities to Infrastructure NSW on terms agreed between responsible Ministers (ss 29-30).
Prescribes confidentiality and insider-use prohibitions for persons associated with Infrastructure NSW, with criminal penalties and a civil remedy to recover losses caused by improper advantage from inside information (ss 42-43).
Implements institutional change by dissolving the Barangaroo Delivery Authority and transferring its assets, rights and liabilities to Infrastructure NSW (Schedule 3, cl 4-6), and contains consequential provisions (Schedule 3).
These are the primary mechanical effects. The Act also authorises regulations on fees, use of public domain and the creation of offences and penalty notices (ss 45, 50). The Minister must review the Act as soon as practicable after five years and table a report (s 51).
Main concepts
The Act rests on a small number of core legal concepts that structure rights, duties and regulatory choices.
Defined area and maps: Barangaroo, Barangaroo Reserve and the public domain are defined by maps adopted by the Minister and maintained in electronic or paper form (s 4; s 5). The map regime controls which land is within the operational area and which parts are public domain or Reserve; amendments require either proclamation or regulations depending on whether the Reserve area is altered (s 5(2)).
Infrastructure NSW as statutory agency and operational actor: the Act locates functions in Infrastructure NSW, listing both broad promotional and practical delivery powers (s 14). The functions include acquiring, developing, managing, providing cultural and commercial activities, liaising with agencies and delivering infrastructure. Infrastructure NSW may exercise functions outside Barangaroo with Ministerial approval (s 14(3)-(4)).
Ownership and disposal limits: the Act prohibits disposal of fee simple in land vested under the Act except by surrender to the Crown (ss 17(1), 18(1)). Infrastructure NSW may dispose of other interests, mortgage, lease or grant easements with Ministerial consent and subject to conditions; leases or licences up to 99 years are permitted but leases not exceeding 10 years do not require ministerial consent (ss 17(2)-(5); s 18(2)-(4)).
Public domain management: Infrastructure NSW is empowered to develop and manage the Barangaroo Reserve and public domain so as to encourage public use while regulating that use; it may enter into agreements with Place Management NSW to exercise regulatory powers, including fee arrangements and conditions about regulatory powers (s 14(c); s 24).
Development contributions regime: the Act creates a bespoke contributions plan for Barangaroo , the Barangaroo contributions plan , requiring Infrastructure NSW to prepare and approve it, and making it effective only if approved by the Minister. The plan must impose a 1% levy on the cost of development and specify how cost is to be calculated and how contributions may be used, including for local, State and regional infrastructure associated with Barangaroo (s 32). The plan displaces certain development contribution provisions of the EP&A Act and City of Sydney Act for developments subject to the Barangaroo levy (s 34).
Dedicated Fund and finance rules: the Barangaroo Fund is established in the Special Deposits Account to receive advances, appropriations, development contributions, proceeds of investment and other receipts, and to pay for Infrastructure NSW functions and infrastructure provision (s 36). Investment rules differ depending on whether Infrastructure NSW is a GSF agency (s 38).
Insider and confidentiality regime: the Act makes unauthorised disclosure of information obtained in administering the Act an offence (s 42), and prohibits persons associated with Infrastructure NSW from using or divulging specific non‑public information to gain an advantage in land dealings, with criminal penalties and a civil tort-like remedy to recover losses (s 43).
Institution-building and transfers: the Act provides that assets, rights and liabilities of the Barangaroo Delivery Authority are transferred to Infrastructure NSW, and provides machinery by which Ministers may order subsequent transfers to public sector agencies; transfers by operation of the Schedule operate without further conveyance and are not treated as contract breaches (Schedule 3, cl 4-6).
These concepts combine land control, bespoke finance and development charges, an institutional manager with delegated regulatory capacity, and an insider-protection regime tied to information asymmetries in land markets.
Who it affects
The Act allocates power, duties and financial rights across a defined set of actors; the distribution is concrete and section-specific.
Infrastructure NSW is the primary actor. It must prepare and approve the Barangaroo contributions plan (s 32(1)), establish and manage the Barangaroo Fund (s 36), acquire land (s 16), manage public domain and Reserve (s 14(c)), maintain a public register of land vested or managed under the Act (s 17(4)), and may enter into agreements with Place Management NSW (s 24).
The Minister and Ministers administering other Acts. Ministerial approval is required for the Barangaroo contributions plan (s 32(2)), for amendments to the plan (s 32(5)), for certain disposals and dealings in land (s 17(2)), and Ministerial directions may resolve disputes about Place Management NSW agreements (s 24(6)-(7)). The Minister administering the Crown Land Management Act may transfer Crown land to Infrastructure NSW (s 29(2)), and Ministers may resolve inter-ministerial disputes (s 29(7); s 30(2)).
Public authorities that own land in Barangaroo. A Minister for a public authority may agree that land not required for core activities be transferred to Infrastructure NSW; the transfer can include sale, lease, exchange or other disposals and may carry agreed compensation arrangements (s 29).
Developers and parties to development agreements. Development agreements for projects subject to the Barangaroo contributions plan are subject to a condition requiring payment of contributions to Infrastructure NSW (s 33). Developers will pay a 1% levy of development cost where the plan applies (s 32(3)(a)), or provide works in kind or dedications as agreed (s 33(3)).
Place Management NSW and the Sydney Harbour Foreshore Authority. Infrastructure NSW may contract Place Management NSW to exercise regulatory powers over the public domain and Reserve (s 24). Until such an agreement exists, the Minister can determine terms for the Sydney Harbour Foreshore Authority’s exercise of regulatory powers (Schedule 3, Part 2, cl 2).
Maritime Authority of NSW. The Maritime Authority must receive land below mean high water mark within Barangaroo on commencement of a commuter ferry wharf, under agreed terms (s 30(1)).
Councils and local government bodies. The Act defines council by reference to the Local Government Act (s 4). Regulations may confer on Infrastructure NSW functions that a council may exercise in relation to a public place (s 50(2)(h)), and transfers of management of land from a public authority can include delegation of functions (s 29(5)).
Persons associated with Infrastructure NSW and professional advisers. The insider‑use prohibitions apply to members and staff of Infrastructure NSW and to persons who act as banker, lawyer, auditor or professional adviser for Infrastructure NSW, the Minister, the Department or a council; corporate associates (directors, managers, secretaries) are also included (s 43(6)(a),(e),(f)).
The public. Users of the Barangaroo Reserve and public domain are affected by the Act through Infrastructure NSW’s power to regulate use, to impose fees through regulatory agreement with Place Management NSW, and by the creation of public domain land (ss 14(c), 24; s 32(3)(d)).
Who pays and who receives: developers that fall within the plan pay a 1% levy into the Barangaroo Fund (s 32(3)(a); s 36(1)(c)). Infrastructure NSW (and, indirectly, the State via appropriation and the Fund) finances delivery of infrastructure from that Fund (s 36(2)(a)-(b)).
Key duties and rights
The Act imposes specific positive duties on Infrastructure NSW and other actors, and grants discrete rights that shape commercial and administrative choices.
Duties placed on Infrastructure NSW and Ministers
Prepare and approve the contributions plan and submit it for Ministerial approval; the plan has no effect unless approved (s 32(1)-(2)). The plan must include the 1% levy and the calculation method for development cost, and specify purposes and timing for infrastructure delivery (s 32(3)(a)-(e)).
Maintain a public register of all land vested in or managed by Infrastructure NSW under the Act (s 17(4)).
Establish and maintain the Barangaroo Fund in the Special Deposits Account and account for receipts and expenditure as specified (s 36(1)-(3)).
Adhere to acquisition processes: land acquisition must be by agreement or compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (s 16(1)), and work constructed under the Act is authorised for Public Works Act purposes (s 16(2)).
Manage and regulate the Barangaroo Reserve and public domain, including entering agreements with Place Management NSW and complying with Ministerial dispute resolutions (s 14(c); s 24(1), (6)-(7)).
Rights and discretions granted
Powers to acquire, mortgage, lease and grant interests in land other than the fee simple (ss 16(1); 17(2)). Leases and licences can be granted without Ministerial consent where the total term does not exceed 10 years (s 17(3)).
Power to enter into developer agreements and to ensure a development contribution condition binds those agreements; failure to pay is a breach enforceable as such (s 33(1)-(2)).
Power to invest money in the Fund under rules depending on GSF agency status (s 38).
Ability to declare proposed surrenders to the Crown by Gazette notification for dedication to public purposes or as a public road (s 19).
Rights to transfer to and from other public authorities under agreed terms, and to have transfers effected without further conveyance when transferred under Schedule 3 (Schedule 3 cl 5-6).
Constraints and limits
No power to sell or exchange fee simple in land vested under the Act except by surrender to the Crown (s 17(1); s 18(1) for the Reserve).
Ministerial approval required to dispose of interests other than fee simple (s 17(2)); the Minister’s approval can be general or limited and may be withdrawn (s 24A).
A lease or licence must not exceed 99 years in total (s 17(5); s 18(4)).
Where development contributions under the Barangaroo plan apply, the development contributions provisions of other planning Acts do not apply (s 34(1)), constraining how local planning contributions are collected.
Administrative duties also extend to confidentiality and information handling: a person must not disclose information obtained in connection with administration of the Act except with consent or for specified legal reasons (s 42). The Act imposes an affirmative duty on Ministers and public authorities to comply with directions resolving disputes under specified sections (s 24(7); s 29(8); s 30(3)).
Penalties and enforcement
The Act combines criminal penalties, civil remedies and administrative enforcement mechanisms. Enforcement routes and penalty quantum are specified.
Criminal penalties and summary procedure
Unauthorised disclosure of information obtained under the Act is an offence with a maximum penalty of 20 penalty units (s 42). The Act reserves no higher criminal penalty in text.
Misuse of information: subsections (1) and (2) of s 43 establish criminal offences for dealing in land or influencing proposals for the purpose of gaining advantage using specific non‑public information or influence, respectively. Each carries a maximum penalty of 20 penalty units (s 43(1)-(2)).
Proceedings for offences under the Act or regulations may be dealt with summarily in the Local Court (s 44).
Regulations may create offences punishable by up to 20 penalty units (s 50(3)).
Administrative enforcement: penalty notices
Infrastructure NSW may authorise officers to issue penalty notices for prescribed penalty notice offences; the Fines Act 1996 applies (s 45). The regulations prescribe which offences are penalty notice offences and the applicable penalty amounts (s 45(2), (4)). An authorised officer is a person authorised in writing by Infrastructure NSW (s 45(6)).
Civil remedy and recovery
s 43(3)-(4) gives rise to a civil right to recover an amount equal to the loss caused by the advantage improperly gained from a dealing in land. The measure of loss is the difference between the price at which the dealing occurred and the market price that would have applied absent the misuse or influence, as determined by the court (s 43(4)).
An action to recover such loss must be brought within 5 years after the dealing (s 43(5)).
Debt recovery and enforcement of monetary obligations
Any charge, fee or money due to Infrastructure NSW under the Act may be recovered as a debt in a court of competent jurisdiction (s 48).
Dispute resolution and directions
Agreements with Place Management NSW may provide for fees and charges and conditions; disputes arising under such agreements may be resolved by the Minister and are binding (s 24(6)-(7)). Ministers and public authorities must comply with directions arising from dispute resolution (s 29(8); s 30(3)).
Enforcement consequences are therefore a mix of modest criminal fines (20 penalty units maximum), expedited summary handling in the Local Court, civil recovery for insider gains with a statutory limitation period, and administrative penalty notices for offences prescribed in regulations. The Act gives Infrastructure NSW administrative enforcement tools via authorised officers.
How it interacts with other laws
The Act explicitly cross-references and modifies the operation of a number of other statutes; the interplay is concrete and often displacing.
Planning and development statutes
Environmental Planning and Assessment Act 1979 (EP&A Act): the Act imports the EP&A Act’s definition of development (s 4), treats Infrastructure NSW as a planning authority for many planning agreement purposes (s 35(1)), allows planning agreements under the EP&A Act to provide for Barangaroo development contributions (s 35(2)), and excludes certain development contribution provisions of the EP&A Act where a Barangaroo contributions plan applies (s 34(1)-(2)).
City of Sydney Act 1988: the Act disapplies section 61 and related development contribution provisions of that Act where the Barangaroo contributions plan applies (s 34(2)(d)).
Land and Crown statutes
Land Acquisition (Just Terms Compensation) Act 1991: Infrastructure NSW must acquire land by agreement or compulsory acquisition in accordance with that Act (s 16(1)).
Public Works Act 1912: acquisitions under this Act are taken to be authorised works and Infrastructure NSW is the Constructing Authority; certain Public Works Act provisions do not apply to works under this Act (s 16(2)-(3)).
Crown Land Management Act 2016 and Roads Act 1993: surrender of land to the Crown for dedication converts the land to Crown land reserved from sale, lease or licence under the Crown Land Management Act and allows subsequent dedication under that Act or the Roads Act (s 19(2)). Division 5.3 of the Crown Land Management Act does not apply to transfers under s 29 (s 29(3)).
Duties Act 1997: no duty is payable in respect of certain transfers and vestings under the Act (s 39); Schedule 3 also provides that duty is not chargeable in respect of transfers made under that Schedule (Schedule 3 cl 6(5)).
Institutional and financial statutes
Infrastructure NSW Act 2011: Infrastructure NSW is constituted under that Act and the functions given in the Barangaroo Act sit alongside any powers from the Infrastructure NSW Act (s 4 definition; s 14).
Government Sector Finance Act 2018: investment of money in the Barangaroo Fund follows Part 6 rules if Infrastructure NSW is a GSF agency; otherwise Ministerial/Treasurer approval is required (s 38).
State Owned Corporations Act 1989: referenced in defining public authorities that may transfer land or management to Infrastructure NSW (s 29(6)(b)).
Other administrative statutes and regimes
Place Management NSW Act 1998 and Sydney Harbour Foreshore Authority Act 1998: Infrastructure NSW may enter agreements with Place Management NSW for the exercise of regulatory powers, and until such agreement is in force the Minister may determine terms for the Sydney Harbour Foreshore Authority to exercise its regulatory powers over the Reserve and public domain (s 24; Schedule 3, Part 2, cl 2).
Fines Act 1996: applies to penalty notices issued under s 45 (s 45(3)).
Transfer and transitional mechanics
Schedule 3 dissolves the Barangaroo Delivery Authority and transfers assets, rights and liabilities to Infrastructure NSW; it provides that those transfers operate without further conveyance or assignment and are not to be regarded as breaches of contract (Schedule 3 cl 4-6). The Schedule also provides interpretative substitutions for references to the former Authority (Schedule 3 cl 7).
Regulatory scope and displacement
The Act specifically displaces certain development contributions provisions of other planning Acts for developments under the Barangaroo plan (s 34). It also contemplates that regulations may confer on Infrastructure NSW functions that a council exercises in relation to a public place (s 50(2)(h)), creating a potential statutory overlap for local regulatory powers.
Where the Act departs from or suspends other regimes, it typically does so explicitly (for example, exclusion of planning Act contribution provisions, duty exemptions, and savings in Schedule 3). The cross-references determine which procedural or financial regimes apply and which are displaced for Barangaroo-specific activity.
Amendment history
The Act’s statutory text includes internal annotations indicating amendments and repeals. The amendments recorded in the source data are the only authority for their content here.
2009 commencement: the Act commences on the date of assent (s 2).
2011 amendments: s 4 was amended by 2011 No 22, Sch 2.2 (see s 4 note).
2012 and 2015 amendments: various provisions carry amendment annotations. For example, s 9 was amended by 2012 No 42, Sch 1.3 and 2017 No 63, Sch 1.1 and subsequently repealed by 2019 No 8, Sch 4 (pt 2 repeals are marked).
2015 amendments: s 14 and s 43 carry amendments by 2015 No 58, Sch 3.10 (s 14 Am 2015 No 58 Sch 3.10; s 43 Am 2015 No 58 Sch 3.10).
2017 amendments: insertions include s 24A (Ministerial approval and consent) inserted by 2017 No 22, Sch 1.1 (s 24A Ins 2017 No 22 Sch 1.1). Schedule 3 references amendments by 2017 No 22 and 2017 No 17 in certain clauses (see s 19 Am 2017 No 17 Sch 4.5 and s 24 Am 2017 No 22 Sch 1.1).
2018 amendment: s 38 was substituted by 2018 No 70, Sch 3.5 to reflect Government Sector Finance Act arrangements (s 38 Subst 2018 No 70 Sch 3.5).
2019 substantial repeals and changes via the State Revenue and Other Legislation Amendment Act 2019 (2019 No 8, Sch 4): many sections and parts were repealed and headings amended. The source indicates that Part 2 and sections 6-13 were repealed; ss 15, 23, 25-28, 37, 40, 46-47, and various schedules (Schs 1, 2, 4) were repealed in 2019 (see numerous "Rep 2019 No 8, Sch 4" annotations throughout the text). Section 17 and 18 were amended in 2019 (s 17 Am 2019 No 8 Sch 4 [12][13]; s 18 Am 2019 No 8 Sch 4 [??]).
Schedule 3 consequential provisions: Schedule 3 (savings, transitional and other provisions) was amended by 2019 No 8, Sch 4 (Sch 3 Am 2019 No 8 Sch 4 [27][28]). Schedule 3 also records earlier amendments (2015, 2017) and the renaming of the operational area map (Schedule 3 cl 9).
The Act’s annotations show iterative adjustments to institutional arrangements (dissolution of the Delivery Authority, transfer mechanics), financial arrangements (investment rules), ministerial authorisations and procedural repeals. All amendment notations in this note are taken directly from the Act text annotations appended to the relevant sections.
Litigation history
The Act text contains no judicial decisions or case citations. It creates statutory causes of action and procedures that may lead to litigation, and sets the legal forum and limitation for certain claims:
Criminal and summary offences under the Act may be prosecuted and are to be dealt with summarily in the Local Court (s 44).
Civil recovery for advantage gained by misuse of information is available under s 43(3)-(4); that action must be brought within 5 years of the dealing that gave rise to the loss (s 43(5)). The Act specifies the measure of loss to be the difference between the actual deal price and the market price that would have obtained absent the information misuse or improper influence (s 43(4)(a)-(b)).
Debt recovery for unpaid charges, fees or money due to Infrastructure NSW is expressly subject to ordinary debt recovery in a court of competent jurisdiction (s 48).
Because the Act itself records no case law, practitioners seeking litigation precedents will need to look to cases interpreting the referenced statutes (for example, EP&A Act, Land Acquisition Act, Public Works Act) and to any Local Court or higher court decisions applying s 42 or s 43 in particular. The Act’s civil remedy in s 43 is fact‑intensive and will require judicial assessment of hypothetical market price; the procedural posture is anticipated to be ordinary civil litigation. The Act does not prescribe a private right of action beyond s 43’s loss recovery, but contractual breaches (for example, developer agreement breaches under s 33(2)) remain enforceable in contract law and equity as usual.
Gotchas
The Act contains several provisions that create practical compliance traps, choice points for private parties and potential administrative friction. These are concrete, section-based risks and consequences to note.
Barangaroo contributions plan displaces other contribution regimes. Once a development is subject to the Barangaroo contributions plan it is excluded from certain EP&A Act and City of Sydney Act contributions provisions (s 34(1)-(2)). Developers and councils must check whether a proposed development falls within the plan to avoid twin compliance obligations or unexpected exclusions. The plan must both specify the developments to which the levy applies and the manner of calculating development cost (s 32(3)(b)-(c)); absent clarity, disputes over the base for the 1% levy are likely.
A mandatory 1% levy attaches to development cost. The plan must provide for a levy of 1% of development cost (s 32(3)(a)), but the Act leaves the precise calculation method to the plan (s 32(3)(c)). The levy is imposed as a condition of development agreements (s 33(1)) and non-payment is an enforceable contractual breach (s 33(2)). Parties might seek works in kind or dedications as substitutes only if the development agreement expressly permits that and is consistent with the plan (s 33(3)-(5)).
Ministerial control and withdrawable consents. Infrastructure NSW can only dispose of certain interests with the Minister’s consent and such consent may be general, limited, or withdrawn (s 17(2); s 24A). A lessee reliant on a grant from Infrastructure NSW should confirm whether ministerial approval was required and whether any limitation or withdrawal risk exists.
Fee simple prohibition. Infrastructure NSW cannot sell fee simple in land vested under the Act except by surrender to the Crown (ss 17(1), 18(1)). Commercial counterparties that assume the possibility of fee-simple acquisition or that structure long-term investments anticipating sale may find their expectations constrained.
Long leases are permitted but capped. Leases may be granted up to a total of 99 years (s 17(5); s 18(4)), and consecutive options must be aggregated for calculating the cap. However, leases and licences up to 10 years do not require Ministerial consent (s 17(3)); parties should aggregate terms to determine consent triggers.
Transfers without conveyance and non‑breach consequences. Schedule 3 cl 6 provides that transfers of assets/rights/liabilities vest without further conveyance and are not a breach of contract or a default event. Counterparties to contracts with the former Barangaroo Delivery Authority should note that such transfers will not by themselves trigger assignment-consent clauses or termination if the transfer occurs under the Schedule.
Insider‑use civil remedy and criminal penalty coexist. s 43 creates both criminal penalties (20 penalty units) and a civil loss recovery regime with a 5-year limitation (s 43(3)-(5)). Parties who gain advantage through association with Infrastructure NSW (including professional advisers and corporate directors specified in s 43(6)) face parallel exposure. Claimants must prove the counterfactual market price, a fact-sensitive task.
Broad regulation-making power that can shift local functions. Regulations may confer on Infrastructure NSW any function a council may exercise in relation to a public place (s 50(2)(h)). That potential delegation could reallocate regulatory burdens and fee‑raising authority from councils to Infrastructure NSW; stakeholders should monitor regulatory instruments.
Dispute resolution and binding Ministerial directions. Agreements under s 24 may provide for fees and regulatory conditions and disputes can be resolved by the Minister; Infrastructure NSW and Place Management NSW must comply with any Ministerial direction (s 24(6)-(7)). This creates a chain of executive decision that can change operational arrangements without judicial review on the merits.
Duty and stamp exemptions. Transfers effected under the Act or under Schedule 3 are exempt from duty under the Duties Act 1997 (s 39 and Schedule 3 cl 6(5)). Stakeholders should confirm the precise boundaries of the exemption for tax planning, as it may affect valuation or negotiation tactics.
Map amendment mechanics. Maps define the operational boundary and Reserve area; changes to the Reserve area must be made by regulation, while other map changes are by proclamation (s 5(2)). Parties relying on the map should beware that the method of amendment differs depending on the nature of change.
Investment rule variance. Investment of the Fund depends on whether Infrastructure NSW is a GSF agency; if not, investments require Ministerial approval with Treasurer concurrence (s 38). That difference affects treasury management and expected returns on the Fund.
Practical consequence: the Act constructs a bespoke planning and financial regime for Barangaroo that departs from the standard EP&A contributions framework, centralises authority in Infrastructure NSW subject to Ministerial control, and creates both administrative discretion and statutory constraints that materially affect development transactions, leases and public domain management.
How to comply
This compliance checklist is organised by actor and by recurrent Act obligations. It focuses on practical steps tied to the statutory text.
For Infrastructure NSW
Prepare the Barangaroo contributions plan promptly and ensure Ministerial approval is sought and recorded; the plan must set the 1% levy, specify covered development, set the cost calculation method and prescribe contribution uses and timing (s 32(1)-(3)). Ensure the plan is updated and any amendment also receives Ministerial approval (s 32(4)-(5)).
Establish and maintain the Barangaroo Fund in the Special Deposits Account, record receipts (advances, appropriations, contributions) and ensure expenditure aligns with the Act’s permitted purposes (s 36(1)-(3)). Confirm investment authority under s 38, and where required secure Minister/Treasurer concurrence.
Maintain the public register of land vested in or managed by Infrastructure NSW under the Act, and keep the register available where the Act contemplates public access (s 17(4); s 5(4)).
When dealing in land interests, observe the limitations on fee simple disposal and obtain required Ministerial consent for mortgages, leases and other dispositions in accordance with s 17(2), and track aggregate lease periods against the 99-year cap (s 17(5)).
If entering into agreements with Place Management NSW, ensure the agreement addresses fees, information sharing, additional services, and conditions for exercise of regulatory powers, and include dispute-resolution provisions that anticipate Ministerial involvement (s 24(1)-(3)).
Implement confidentiality protocols aligning with s 42: limit disclosure of information obtained under the Act, and ensure lawful excuses and consent processes are documented. Institute internal controls to prevent employees and contractors from dealing in land using inside information (s 43).
Authorise officers for penalty notices in writing and ensure they are trained on which offences are prescribed as penalty notice offences in the regulations and the correct procedures under the Fines Act 1996 (s 45(1)-(6)).
For developers, lessees and counterparties
Determine whether the proposed development is within the scope of the Barangaroo contributions plan before contracting or submitting applications; if it is, budget for a 1% levy on the cost of development and confirm the plan’s formula for "cost of development" (s 32(3)(a)-(c); s 33(1)).
In negotiating development agreements with Infrastructure NSW, ensure express provisions address payment mechanics for contributions, whether works in kind or land dedication can substitute, and the consequences of non-payment (s 33(1)-(5)).
When entering long-term leases, confirm whether Ministerial consent was obtained where required, and aggregate terms with options to determine whether the 10-year no-consent exception or the 99-year cap applies (s 17(3)-(5)).
For acquisitions or transactions involving land vested under the Act, check the public register for vesting status, and confirm whether any transfer will be treated as a transfer under Schedule 3 to avoid surprises about duty exemptions or transfer mechanics (s 17(4); Schedule 3 cl 6).
For Place Management NSW and local councils
If Place Management NSW is to exercise regulatory powers under an s 24 agreement, ensure terms specify fee arrangements, revenue remittance, data sharing and additional services (s 24(2)(a)-(d)). Anticipate that s 24(5) excludes s 22 (Roads) of the Place Management NSW Act from land subject to an s 24 agreement.
Councils should note that regulations could confer council-equivalent powers on Infrastructure NSW in relation to public places (s 50(2)(h)), and plan for coordination regarding public-domain management and fee structures.
For Ministers and public authorities transferring land
Adhere to the statutory requirement that transfer of land or management from public authorities to Infrastructure NSW is subject to terms and conditions agreed between the relevant Ministers (s 29(1)-(2)). Where Crown land is involved, Division 5.3 of the Crown Land Management Act does not apply (s 29(3)), so make explicit arrangements for compensation and management transitions (s 29(4)).
If transferring maritime land upon the commencement of a commuter ferry wharf, coordinate with the Maritime Authority and document agreed terms (s 30(1)).
Cross-cutting controls and documentation
Document Ministerial approvals and consents carefully, noting that Ministerial consent under Division 2 may be general or limited and is withdrawable (s 24A). Maintain records of any Ministerial directions resolving disputes under s 24, s 29 or s 30.
Implement robust staff and adviser policies to prevent misuse of information, including training, disclosure controls and monitoring of personnel associated with Infrastructure NSW as defined in s 43(6).
Maintain up-to-date reference to the operative maps and any amendments, because the maps determine the legal boundaries of Barangaroo, the Reserve and public domain; confirm whether any proposed land is inside the operational area before contracting (s 5).
Keep watch on regulations made under s 50, because they may prescribe penalty notice offences, fees and a wide range of regulatory arrangements (s 50(1)-(2); s 50(3)).
Following these steps, documenting approvals and consents, and building internal controls for information handling will align institutional practice with the Act’s concrete statutory duties and limits.
(a) land identified as public domain on the Barangaroo Reserve and Public Domain Map, and
(b) the public places (within the meaning of the Local Government Act 1993), other than the Barangaroo Reserve and the land referred to in paragraph (a), that are situated within Barangaroo and that are vested in or managed by Infrastructure NSW under this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2011 No 22, Sch 2.2; 2015 No 58, Sch 3.10 [1]; 2017 No 22, Sch 1.1 [2]; 2019 No 8, Sch 4 [4]–[7].
5 Maps
5 Maps
5 Maps
(1) A reference in this Act to a named map is a reference to a map by that name:
(a) approved by the Minister on 26 February 2009, and
(b) as amended or replaced from time to time by maps declared in accordance with this section to amend or replace that map.
(2) The declaration that a map amends or replaces a named map:
(a) in the case of a map that has the effect of altering the area of the Barangaroo Reserve—is to be made by the regulations, and
(b) in any other case—is to be made by proclamation.
(3) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Act to any such named map is a reference to the relevant part or aspect of the single map.
(4) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(5) For the purposes of this Act, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note—
The maps adopted by this Act are to be made available on the official NSW legislation website in connection with this Act.
Part 2
Part 2
secs 6–13 (Repealed)
pt 2: Rep 2019 No 8, Sch 4 [8].
ss 6–8: Rep 2019 No 8, Sch 4 [8].
s 9: Am 2012 No 42, Sch 1.3 [1] [2]; 2017 No 63, Sch 1.1 [1]. Rep 2019 No 8, Sch 4 [8].
s 10: Rep 2019 No 8, Sch 4 [8].
s 11: Rep 2019 No 8, Sch 4 [8].
s 11A: Ins 2015 No 58, Sch 3.10 [2]. Rep 2019 No 8, Sch 4 [8].
s 12: Rep 2019 No 8, Sch 4 [8].
s 13: Rep 2019 No 8, Sch 4 [8].
Part 3 Functions
Part 3 Functions
Part 3 Functions
pt 3, hdg: Am 2019 No 8, Sch 4 [9].
Division 1 Principal functions
Division 1 Principal functions
Division 1 Principal functions
14 Principal functions of Infrastructure NSW under this Act
14 Principal functions of Infrastructure NSW under this Act
14 Principal functions of Infrastructure NSW under this Act
(1) Infrastructure NSW has the following functions under this Act:
(a) to promote, procure, facilitate and manage the orderly and economic development and use of Barangaroo, including the provision and management of infrastructure,
(b) to promote, procure, organise, manage, undertake, secure, provide and conduct cultural, educational, residential, commercial, transport, tourist and recreational activities and facilities at Barangaroo,
(c) to develop and manage the Barangaroo Reserve and public domain so as to encourage its use by the public and to regulate the use of those areas,
(d) to facilitate and provide for appropriate commercial activities within the Barangaroo Reserve and public domain that are consistent with their use for cultural, educational and recreational activities and the use and enjoyment of those areas by the public,
(e) to promote development within Barangaroo that accords with best practice environmental and town planning standards, is environmentally sustainable and applies innovative environmental building and public domain design,
(f) to liaise with Government agencies with respect to the co-ordination and provision of infrastructure associated with Barangaroo,
(g) to undertake the delivery of infrastructure associated with Barangaroo or that relates to the principal functions under this Act of Infrastructure NSW.
(2) (Repealed)
(3) Infrastructure NSW is not limited to exercising its functions under this Act on or in relation to land within Barangaroo.
(4) Infrastructure NSW may only exercise its functions under this Act with respect to land outside Barangaroo with the approval of the Minister.
s 14: Am 2015 No 58, Sch 3.10 [3]; 2019 No 8, Sch 4 [10].
15
15 (Repealed)
15
s 15: Rep 2019 No 8, Sch 4 [11].
Division 2 Ancillary functions
Division 2 Ancillary functions
Division 2 Ancillary functions
16 Acquisition of land
16 Acquisition of land
16 Acquisition of land
(1) Infrastructure NSW may acquire land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works Act 1912, any acquisition of land under this Act is taken to be an authorised work, and Infrastructure NSW is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply to or in respect of works constructed under this Act.
17 Land dealings
17 Land dealings
17 Land dealings
(1) Infrastructure NSW has no power to sell or exchange the whole or any part of any land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve), or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2) However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, mortgage, lease or otherwise dispose of an interest (other than the fee simple) in land vested in Infrastructure NSW under this Act (other than the Barangaroo Reserve) and grant easements or rights-of-way over land vested in Infrastructure NSW or any part of it.
(3) This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4) Infrastructure NSW must establish and maintain a public register of all land that is, from time to time, vested in or managed by Infrastructure NSW under this Act.
(5) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
s 17: Am 2019 No 8, Sch 4 [12] [13].
18 Restrictions on disposal of Barangaroo Reserve
18 Restrictions on disposal of Barangaroo Reserve
18 Restrictions on disposal of Barangaroo Reserve
(1) Infrastructure NSW has no power to sell or exchange the whole or any part of the Barangaroo Reserve, or to otherwise dispose of the fee simple estate in that land, except by way of surrender to the Crown.
(2) However, Infrastructure NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, lease, mortgage or otherwise dispose of an interest (other than the fee simple) in the Barangaroo Reserve or affect or create an estate or interest in the Barangaroo Reserve.
(3) This section does not require Infrastructure NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 10 years.
(4) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
19 Dedication of land
19 Dedication of land
19 Dedication of land
(1) Infrastructure NSW may, by notification published in the Gazette, declare that it proposes to surrender land described or referred to in the notification to the Crown to be dedicated:
(a) for any public purpose specified in the notification, or
(b) if so specified in the notification, as a public road.
(2) When the land is surrendered:
(a) it becomes Crown land reserved from sale, lease or licence under the Crown Land Management Act 2016, and
(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 as a public road.
(3) Infrastructure 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.
(4) Infrastructure NSW may, by notification published in the Gazette, declare any elevated or subterranean structure owned by Infrastructure 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.
s 19: Am 2017 No 17, Sch 4.5 [1].
20 Roads
20 Roads
20 Roads
(1) A road that is within Barangaroo cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of Infrastructure NSW.
(2) Except as provided by subsection (1), this Part does not affect the application of the Roads Act 1993 or any other Act to a road that is within Barangaroo.
(3) Infrastructure NSW is a roads authority for the purposes of the Roads Act 1993 in respect of the public roads vested in it.
21 Acquisition of property by gift, devise or bequest
21 Acquisition of property by gift, devise or bequest
21 Acquisition of property by gift, devise or bequest
(1) Infrastructure 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.
(2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which Infrastructure NSW has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift, devise or bequest made or to be made to Infrastructure NSW.
22 Dealings with certain property acquired by gift, devise or bequest
22 Dealings with certain property acquired by gift, devise or bequest
22 Dealings with certain property acquired by gift, devise or bequest
(1) Infrastructure NSW must not sell, lease, exchange or otherwise dispose of or deal with property acquired by gift, devise or bequest except:
(a) if the property has been acquired subject to a condition to which Infrastructure NSW has agreed under section 21 (1), in accordance with the condition, or
(b) in any other case with the approval of the Minister.
(2) Despite subsection (1) but subject to subsection (3), if Infrastructure NSW decides that any property that has been acquired by Infrastructure NSW subject to a condition to which Infrastructure NSW has agreed under section 21 (1) is not required for the purposes of Infrastructure NSW, Infrastructure NSW may:
(a) sell the property and retain the proceeds of the sale as property of Infrastructure NSW, or
(b) exchange the property for other property, or
(c) if Infrastructure NSW is of the opinion that the property is of no commercial value, dispose of the property without valuable consideration,
in contravention of the condition.
(3) Infrastructure NSW must not sell, exchange or otherwise dispose of any property under subsection (2) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(4) The Minister may consent to the sale, exchange or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
23
23 (Repealed)
23
s 23: Rep 2019 No 8, Sch 4 [11].
24 Regulation of Barangaroo Reserve and public domain
24 Regulation of Barangaroo Reserve and public domain
24 Regulation of Barangaroo Reserve and public domain
(1) Infrastructure NSW may enter into an agreement with Place Management NSW for the exercise by Place Management NSW of its regulatory powers under the Place Management NSW Act 1998 and the regulations under that Act in respect of any land within Barangaroo Reserve and the public domain.
(2) An agreement under this section may, but is not required to, make provision for the following matters:
(a) the payment by Infrastructure NSW of fees to Place Management NSW,
(b) the payment
This is an opening excerpt, not the complete document.