The Act creates government development corporations for named growth centres, gives them planning, land‑acquisition (including compulsory), infrastructure, contracting and disposal powers, and sets two governance models. Ministers and the Governor retain strong control over approved schemes, disposals and transfers of assets/liabilities. It affects landowners, developers, councils and public agencies by concentrating decision‑authority, enabling public‑private deals, and imposing reporting, confidentiality and conflict‑of‑interest rules—with practical trade‑offs on who pays, compulsory acquisition risk, and incentives for commercial engagement.
Mechanically, the Growth Centres (Development Corporations) Act 1974 establishes a statutory architecture for creating, governing, funding and winding up bodies charged with planning and developing specified land described in Schedule 1. The Act does the following as a matter of mechanics:
Constitutes development corporations listed in Schedule 1, each identified by corporate name, the description of the growth centre (land) to which it applies, and its governance type as either chief executive governed or board governed (ss 4(1)-(4); Schedule 1). The Governor may add, remove, rename, alter governance, amalgamate or change the description of growth centres by order published on the NSW legislation website (s 5(1), (7)).
Sets out governance models. If a corporation is chief executive governed, the chief executive manages the affairs; if board governed, the chief executive manages subject to directions of the board (s 6). Board composition and procedures for board-governed corporations are in Schedule 2 and ss 6A, 6B.
Confers a set of development powers and duties: promoting, coordinating, managing and securing orderly and economic development of the growth centre; proposing and implementing schemes for development and infrastructure; research, advice and assistance to councils; and incidental acts necessary to carry out those responsibilities (s 7; ss 8-19). Powers include management of vested land, surveying, demolition, subdividing, road works, construction and works, acquisition by agreement or compulsorily (s 8, s 9, s 11).
Establishes the approved‑scheme process. A corporation must submit proposals early (s 14); the Minister considers them and can direct the corporation to proceed with, alter, or not proceed with the scheme (s 15). The corporation must implement any approved scheme (s 17). The corporation can recommend variations and the Minister again determines whether to accept, vary or refuse (s 16).
Current sections
Direct links to the current provisions in Growth Centres (Development Corporations) Act 1974.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
approved scheme means an approved scheme referred to in section 15 or 16.
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
board governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a board.
building includes any structure or any part thereof.
building site means land set apart as the site for a building under section 8 (1) (f).
Chairperson, in relation to a board governed development corporation, means the chairperson of the board of the development corporation.
chief executive means the chief executive of a development corporation within the meaning of section 6B.
chief executive governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a chief executive.
corporation means a development corporation or the Ministerial Development Corporation.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
member, in relation to a board governed development corporation, means a member of the board of the development corporation, and includes the chief executive.
Ministerial Development Corporation means the Ministerial Development Corporation constituted by Part 3A.
public authority means any public or local authority constituted by or under an Act other than this Act, and includes Landcom.
regulations means regulations made under this Act.
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) The responsibilities, powers, authorities, duties and functions conferred or imposed on a corporation shall be exercised or discharged—
(a) in the case of a development corporation—by the development corporation for the purposes of, or in connection with, the growth centre in respect of which the development corporation is constituted, or
(b) (Repealed)
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1979 No 136, Sch 1 (2); 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (2); 1986 No 218, Sch 18 (2), (3); 1992 No 9, Sch 1 (1); 1997 No 152, Sch 4.12 [1]; 1999 No 31, Sch 1.17 [1]–[3]; 2006 No 2, Sch 4.23 [1]; 2006 No 8, Sch 3 [1]–[3]; 2007 No 27, Sch 1.19 [1]; 2008 No 26, Sch 1 [1]–[3]; 2014 No 33, Schs 1.8, 3.11 [1]; 2019 No 8, Sch 5 [1].
3A
Special provisions relating to Infrastructure NSW
3A Special provisions relating to Infrastructure NSW
3A Special provisions relating to Infrastructure NSW
(1) Infrastructure NSW is taken to be a development corporation for the purposes of the following provisions of this Act (the relevant provisions)—
(a) Part 3,
(b) sections 27, 30, 32, 33 and 41.
(2) The growth centre in respect of which Infrastructure NSW is taken to be constituted for the purposes of the relevant provisions is the following land—
(b) the land identified by yellow shading on the map entitled “Cooks Cove growth centre”, dated 1 September 2020 and published on Infrastructure NSW’s website,
(c) the land outlined in red on the map entitled “The Bays Growth Centre”, dated 1 September 2020 and published on Infrastructure NSW’s website.
Note—
The UrbanGrowth NSW Development Corporation was the development corporation for the land specified by this subsection immediately before its dissolution by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019.
(3) In exercising its functions as a development corporation under the relevant provisions, Infrastructure NSW may exercise those functions only in relation to the land referred to in subsection (2).
s 3A: Ins 2019 No 8, Sch 5 [2]. Am 2020 No 30, Sch 1.21.
Part 2
Constitution of development corporations
Part 2 Constitution of development corporations
Part 2 Constitution of development corporations
pt 2, hdg: Am 1981 No 31, Sch 1 (3). Subst 2008 No 26, Sch 1 [4].
pt 2: Subst 2008 No 26, Sch 1 [4].
Division 1
General
Division 1 General
Division 1 General
pt 2, div 1, hdg: Ins 2008 No 26, Sch 1 [4].
4
Constitution of development corporations and growth centres
4 Constitution of development corporations and growth centres
4 Constitution of development corporations and growth centres
(1) There are constituted by this Act such development corporations as are specified from time to time in Schedule 1.
(2) A development corporation is a body corporate with the corporate name specified in column 1 of Schedule 1.
(3) The growth centre in respect of which a development corporation is constituted is the area of land described in any manner (including by reference to a description contained in another document) in column 2 of Schedule 1 in relation to the development corporation.
(4) A development corporation is to be either a chief executive governed development corporation or a board governed development corporation, as specified from time to time in column 3 of Schedule 1.
(5) A development corporation is a NSW Government agency.
s 4: Am 1981 No 31, Sch 1 (4). Subst 2008 No 26, Sch 1 [4].
5
Amendment of Schedule 1 (Growth centres and development corporations)
5 Amendment of Schedule 1 (Growth centres and development corporations)
5 Amendment of Schedule 1 (Growth centres and development corporations)
(1) The Governor may, by order published on the NSW legislation website—
(a) constitute a development corporation by inserting the name of a development corporation into column 1 of Schedule 1 and inserting the nature of governance of the development corporation (either “Board” or “Chief executive”) into column 3 of Schedule 1, or
(b) dissolve a development corporation by omitting the matter relating to the development corporation from Schedule 1, or
(c) change the name of a development corporation by amending the name of the development corporation in column 1 of Schedule 1, or
(d) establish a growth centre by inserting a description of land in column 2 of Schedule 1, or
(e) abolish a growth centre by omitting the description of land of the growth centre from column 2 of Schedule 1, or
(f) alter a growth centre by amending the description of land of the growth centre in column 2 of Schedule 1, or
(g) change the nature of governance of a development corporation—
(i) from board governed to chief executive governed by omitting the word “Board” from column 3 of Schedule 1 and inserting instead the words “Chief executive”, or
(ii) from chief executive governed to board governed by omitting the words “Chief executive” from column 3 of Schedule 1 and inserting instead the word “Board”, or
(h) amalgamate 2 or more development corporations by omitting all the matter relating to the development corporations to be amalgamated from Schedule 1 and inserting instead—
(i) in column 1 of that Schedule, the name of the amalgamated development corporation, and
(ii) in column 2 of that Schedule, a description of the growth centre in respect of which the amalgamated development corporation is constituted, and
(iii) in column 3 of that Schedule, the nature of governance of the amalgamated development corporation (either “Board” or “Chief executive”).
(2) A development corporation may be constituted in respect of a growth centre within any area (including, but not limited to, an urban area or a rural area).
(3) Schedule 1A has effect with respect to orders made under this section.
(4) An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 1A, of a savings and transitional nature consequent on the making of the order.
(5) The Governor may only make an order under subsection (1) (b) to dissolve a development corporation on the recommendation of the Minister.
(6) (Repealed)
(7) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.
s 5: Am 1992 No 9, Sch 1 (2). Subst 2008 No 26, Sch 1 [4]. Am 2008 No 122, Sch 11.3 [1]; 2009 No 56, Sch 4.24.
Division 2
Constitution and procedure of development corporations
Division 2 Constitution and procedure of development corporations
Division 2 Constitution and procedure of development corporations
pt 2, div 2, hdg: Ins 2008 No 26, Sch 1 [4].
6
Governance of development corporation
6 Governance of development corporation
6 Governance of development corporation
(1) The affairs of a development corporation are to be managed and controlled by—
(a) if the development corporation is a chief executive governed development corporation—the chief executive of the development corporation, or
(b) if the development corporation is a board governed development corporation—the chief executive, subject to and in accordance with any directions given to the chief executive by the board of the development corporation.
(2) In the exercise of its functions, a development corporation is, except where it makes a recommendation to the Minister, subject to the control and direction of the Minister.
s 6: Am 1977 No 77, Sch 1 (1); 1979 No 136, Sch 1 (3); 1981 No 31, Sch 1 (4); 1992 No 9, Sch 1 (3); 1999 No 31, Sch 1.17 [5]; 2006 No 8, Sch 3 [4]; 2006 No 120, Sch 1.14 [1]; 2007 No 27, Sch 1.19 [2]. Subst 2008 No 26, Sch 1 [4].
6A
Development corporation boards
6A Development corporation boards
6A Development corporation boards
(1) There is constituted a development corporation board for each board governed development corporation.
(2) A development corporation board is to be called the “[name of board governed development corporation] Board”.
(3) A board of a development corporation is to consist of—
(a) not less than 4 persons appointed by the Governor, and
(b) the chief executive, and
(c) the Secretary of the Department of Planning and Environment or a person nominated by the Secretary.
(4) The Governor may appoint a person to be a member of the board of a development corporation before the order made under section 5 (1) (a) relating to the development corporation takes effect, but the term of office of any such member commences on the date on which the order takes effect or a later date specified in the order.
(5) Schedule 2 has effect in relation to board governed development corporations.
s 6A: Ins 2008 No 26, Sch 1 [4]. Am 2014 No 33, Sch 3.11 [2].
6B
Chief executives of development corporations
6B Chief executives of development corporations
6B Chief executives of development corporations
(1) The chief executive of a development corporation is the person employed in the Public Service as the chief executive of that development corporation.
(2) (Repealed)
(3) If the development corporation is a board governed development corporation, the chief executive may be represented at any meeting of the board by a person nominated for the time being by the chief executive. In representing the chief executive, the person nominated has and may exercise the same functions as the chief executive has at such a meeting (including voting rights), and is taken to be the chief executive.
(4) If the development corporation is a chief executive governed development corporation—
(a) except when making a recommendation to the Minister, the chief executive is, in the exercise of his or her functions, subject to the control and direction of the Minister, and
(b) any act, matter or thing done in the name of, or on behalf of, the development corporation by the chief executive of that development corporation is taken to have been done by the development corporation.
(5) (Repealed)
s 6B: Ins 2008 No 26, Sch 1 [4]. Am 2014 No 33, Sch 3.11 [3].
Part 3
Responsibilities, powers, authorities, duties and functions of development corporations
Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
pt 3, hdg: Am 1981 No 31, Sch 1 (5).
7
Responsibility etc of development corporation
7 Responsibility etc of development corporation
7 Responsibility etc of development corporation
(1) Subject to this Act, a development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre in respect of which it is constituted.
(2) Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge the following powers, authorities, duties and functions—
(a) to submit to the Minister such proposals with respect to the development and use of land within the growth centre in respect of which it is constituted, or the planning of the development and use of that land, as it considers necessary or appropriate, including proposals for the development and use of land in conjunction with the provision of utility services and public transport facilities for or in connection with the growth centre,
(b) to consider, and furnish reports to and advise and make recommendations to the Minister upon, any matter or proposal with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, which may be referred to it by the Minister,
(c) to carry out research into problems with respect to the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre, and prepare and issue memoranda, reports, bulletins, maps or plans relating thereto or any other material,
(d) to assist councils, which the development corporation considers may be affected, with respect to matters concerning the promotion, co-ordination and management of the growth centre, or the development and use, or the planning of the development and use, of land within the growth centre,
(e) to exercise and discharge such other powers, authorities, duties and functions as are conferred or imposed on it by or under this or any other Act, and
(f) to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise or discharge of its responsibilities, powers, authorities, duties and functions.
s 7: Am 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 [3].
(a) manage land vested in the development corporation,
(b) cause surveys to be made, and plans of survey to be prepared, in relation to any land vested in the development corporation,
(c) (Repealed)
(d) demolish, or cause to be demolished, any building within or adjoining or in the vicinity of the growth centre of which it has exclusive possession,
(e) provide, or arrange, on such terms and conditions as may be agreed upon, for the location or relocation of, utility services within or adjoining or in the vicinity of the growth centre,
(f) set apart land as sites for buildings or works or for religious, charitable or municipal purposes,
(g) subdivide and re-subdivide land, and consolidate subdivided or re-subdivided land, vested in the development corporation,
(h) set out and construct roads on land vested in the development corporation,
(i) erect, alter, repair and renovate buildings on and make other improvements to land vested in the development corporation, or on any other land with the consent of the person in whom it is vested, and
(j) cause any work to be done on or in relation to any land vested in the development corporation, or any other land with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument applying to the land.
(2) (Repealed)
s 8: Am 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (6); 1992 No 9, Sch 1 (4).
(2) Without limiting the generality of subsection (1), a development corporation may, in accordance with that subsection, acquire—
(a) any land within the growth centre in respect of which the development corporation is constituted which the corporation considers should be made available in the public interest for any purpose of the growth centre, or
(b) any land of which the land proposed to be acquired under this Act forms part, or
(c) any land adjoining or in the vicinity of any land proposed to be acquired under this Act, or
(d) a leasehold or any other interest in land.
s 9: Am 1981 No 31, Sch 1 (6). Subst 1992 No 9, Sch 1 (5). Am 2008 No 26, Sch 1 [3]; 2010 No 59, Sch 2.39.
(1) For the purposes of the Public Works Act 1912, any acquisition of land under section 9 is taken to be for an authorised work and the development corporation is, in relation to that authorised work, taken to be the Constructing Authority.
(2) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
s 10: Am 1981 No 31, Sch 1 (6). Subst 1992 No 9, Sch 1 (5).
11
Disposal of land
11 Disposal of land
11 Disposal of land
(1) A development corporation may, with the approval of the Minister and subject to such terms and conditions as the Minister may attach to the approval, sell, lease, exchange or otherwise deal with or dispose of land vested in the development corporation, and may, with the like approval and subject to the like terms and conditions, grant easements or rights-of-way over that land or any part thereof.
(2) Notwithstanding subsection (1), the approval of the Minister shall not be required for a lease of land by the development corporation for a term which is less than three years.
s 11: Am 1981 No 31, Sch 1 (6).
12
Dedication of land
12 Dedication of land
12 Dedication of land
(1) A development corporation may, by notification published in the Gazette, declare that it proposes to surrender to Her Majesty land described or referred to in the notification to be dedicated for any public purpose specified in the notification or, if so specified in the notification, as a public road.
(2) When land described or referred to in a notification published in accordance with subsection (1) is surrendered, the land—
(b) on revocation of the reservation, may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road, as the case requires.
(3) A development corporation may, in a notification published pursuant to subsection (1), limit the description of, or reference to, land to a specified depth below the surface thereof and, where such a description or reference is so limited, subsection (2) does not apply to or in respect of land below the depth so specified.
s 12: Am 1981 No 31, Sch 1 (6); 1990 No 55, Sch 1; 1993 No 33, Sch 1; 2017 No 17, Sch 4.41.
13
Covenants in leases
13 Covenants in leases
13 Covenants in leases
(1) Subject to this section, where the lease of a building site contains a covenant on the part of the lessee not to commence the erection of a building on the building site, or any work preparatory or incidental thereto, without the written consent of a development corporation—
(a) the development corporation may give its consent upon the application of a person entitled to apply to a council for its approval to the erection of a building on the building site, and
(b) the development corporation may impose conditions in giving its consent.
(2) A development corporation shall not give a consent pursuant to subsection (1) unless—
(a) the application therefor is accompanied by such plans and specifications of the building in respect of which the consent is sought, and such other information in respect of that building, as may be prescribed or as the development corporation may require, and
(b) the application therefor and the accompanying plans and specifications and other information disclose that the building in all respects will be in conformity with the planning scheme or interim development order that applies to or in respect of the building and with the approved scheme applicable to the growth centre in respect of which the development corporation is constituted, as to—
(i) the use to which the building will be put,
(ii) the height and general external design and appearance of the building,
(iii) the area of the building site to be covered by the building, and
(iv) the situation of the building in relation to the boundaries of the building site.
(3) (Repealed)
s 13: Am 1981 No 31, Sch 1 (6); 1992 No 9, Sch 1 (6); 2008 No 26, Sch 1 [3].
14
Submission of scheme
14 Submission of scheme
14 Submission of scheme
A development corporation shall, as soon as practicable after it is constituted, submit to the Minister proposals referred to in section 7 (2) (a).
s 14: Am 1981 No 31, Sch 1 (6).
15
Approved scheme
15 Approved scheme
15 Approved scheme
(1) The Minister shall consider the proposals so submitted and may then direct the development corporation—
(a) to proceed with the scheme constituted by the proposals,
(b) to proceed with that scheme with such alterations as the Minister deems expedient and notifies in writing to the development corporation, or
(c) not to proceed with that scheme, but to submit another scheme for the Minister’s consideration.
(2) If, pursuant to subsection (1) (c), the Minister directs the development corporation to submit another scheme, the development corporation shall comply with the direction within such period as the Minister may allow, and subsection (1) applies to and in respect of that other scheme as if it were the original scheme.
(3) Where the Minister gives a direction under subsection (1) (a) or (b), the scheme in respect of which the direction is given shall constitute the approved scheme for the growth centre to which it relates for the purposes of this Act.
s 15: Am 1981 No 31, Sch 1 (6).
16
Variation of approved scheme
16 Variation of approved scheme
16 Variation of approved scheme
(1) A development corporation may recommend to the Minister that the approved scheme for the growth centre in respect of which the development corporation is constituted be varied in the manner specified in the recommendation.
(2) The Minister shall consider any such recommendation and may then direct the development corporation—
(a) to vary the approved scheme as recommended by the development corporation,
(b) to vary the approved scheme with such alterations, arising out of the Minister’s consideration of the development corporation’s recommendation, as the Minister deems expedient and notifies in writing to the development corporation, or
(c) not to vary the approved scheme.
(3) Where the Minister gives a direction pursuant to subsection (2) (a) or (b), the approved scheme, as varied in accordance with the direction, shall be the approved scheme for the purposes of this Act.
s 16: Am 1981 No 31, Sch 1 (6), (7); 2008 No 26, Sch 1 [3].
17
Implementation of approved scheme
17 Implementation of approved scheme
17 Implementation of approved scheme
The development corporation constituted in respect of a growth centre to which an approved scheme relates shall, as soon as practicable, cause the scheme to be implemented by the exercise of its powers under this Act.
s 17: Am 1981 No 31, Sch 1 (6).
18
Development corporation may enter into contracts
18 Development corporation may enter into contracts
18 Development corporation may enter into contracts
(1) A development corporation may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or discharge by the development corporation of its responsibilities, powers, authorities, duties and functions.
(2) A contract under subsection (1) may provide for—
(a) the whole or part of any works to be undertaken by the development corporation,
(b) the whole or any part of the cost of any works to be paid by the development corporation,
(c) a loan to be made by the development corporation to meet the whole or any part of the cost of any works, or
(d) the development corporation to pay the costs of providing any services during a specified period.
(3) A development corporation may enter into a contract with any person for the construction on land vested in the development corporation or that person, or in the development corporation and that person, or on any other land with the consent of the owner of that land, of buildings suitable for occupation, or works, for the purposes of the growth centre in respect of which the development corporation is constituted, and the sale, lease or exchange of any such land together with the buildings or works thereon.
(4) A contract under this section shall be deemed for the purposes of the Constitution Act 1902 to be a contract for or on account of the Public Service of New South Wales.
s 18: Am 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 [3]; 2017 No 33, Sch 5.2 [1].
19
Development corporation may enter into arrangement with other public authorities
19 Development corporation may enter into arrangement with other public authorities
19 Development corporation may enter into arrangement with other public authorities
(1) A development corporation may enter into an arrangement or agreement with any public authority whereby—
(a) that public authority shall act as agent of the development corporation for the purposes of this Act, or
(b) the development corporation shall act as agent of that public authority for the purposes of this Act,
on such terms and conditions as are agreed upon between the development corporation and the public authority.
(2) (Repealed)
s 19: Am 1977 No 77, Sch 1 (2); 1981 No 31, Sch 1 (6), (7); 1992 No 9, Sch 1 (7).
20
20
20 (Repealed)
21
Arrangements as to use of officers or facilities by development corporation
21 Arrangements as to use of officers or facilities by development corporation
21 Arrangements as to use of officers or facilities by development corporation
(1) For the purpose of exercising and discharging its responsibilities, powers, authorities, duties and functions, a development corporation may, with the approval of the Minister and of the Department concerned and on such terms as may be arranged, make use of the services of any officers or employees or the facilities of any Government Department.
(2) For the like purpose, a development corporation may, with the approval of the Minister and of the public authority concerned, and on such terms as may be arranged, make use of the services of any officers, employees or servants or the facilities of any public authority.
s 21: Am 1981 No 31, Sch 1 (6).
22
Consultation and negotiation
22 Consultation and negotiation
22 Consultation and negotiation
In the exercise and discharge of its responsibilities, powers, authorities, duties and functions, a development corporation shall, as far as practicable—
(a) consult with public authorities and Government Departments whose responsibilities, powers, authorities, duties and functions include those of the same or of a similar nature, and
(b) negotiate with any such authorities and Departments for the purpose of arranging or providing services and facilities in the growth centre in respect of which the development corporation is constituted.
s 22: Am 1979 No 136, Sch 1 (4); 1981 No 31, Sch 1 (6); 2008 No 26, Sch 1 [3].
23
Development corporation to prepare annual statement of business intent and other plans and reports
23 Development corporation to prepare annual statement of business intent and other plans and reports
23 Development corporation to prepare annual statement of business intent and other plans and reports
(1) A development corporation is to prepare an annual statement of business intent and submit that statement to the Minister and the Treasurer at such times as the Minister directs.
(2) A statement of business intent is to set out the business plan of the development corporation over the following year (or other period as may be required by the Minister) and is to include each of the following—
(a) the objectives of the corporation,
(b) the intended nature of its activities, including the intended scope of those activities,
(c) the corporation’s performance targets,
(d) the corporation’s accounting and reporting policies and practices,
(e) details of the corporation’s activities in connection with determining, allocating and administering contributions under Divisions 6 and 6A of Part 4 of the Environmental Planning and Assessment Act 1979,
(f) any other matter required by the Minister.
(3) A development corporation is to prepare and submit to the Minister and Treasurer such other statements, reports and plans as may be specified in writing by the Minister.
(4) If the Minister or the Treasurer is not satisfied with a statement, report or plan submitted under this section, the Minister may direct the relevant development corporation to amend and resubmit the statement, report or plan in the manner and time specified.
s 23: Am 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (6). Rep 1992 No 9, Sch 1 (8). Ins 2006 No 8, Sch 3 [5].
Part 3A
Establishment of Ministerial Development Corporation
Part 3A Establishment of Ministerial Development Corporation
Part 3A Establishment of Ministerial Development Corporation
pt 3A: Ins 1981 No 31, Sch 1 (9). Subst 1992 No 9, Sch 1 (9).
pt 3A, hdg: Am 1986 No 218, Sch 18 (4). Subst 1992 No 9, Sch 1 (9); 2008 No 26, Sch 1 [5].
pt 3A, div 1, hdg: Ins 1992 No 9, Sch 1 (9). Rep 2008 No 26, Sch 1 [6].
pt 3A, div 1: Ins 1992 No 9, Sch 1 (9). Rep 2008 No 26, Sch 1 [6].
23A
23A
23A–23D (Repealed)
23E
Establishment of Ministerial Development Corporation
23E Establishment of Ministerial Development Corporation
23E Establishment of Ministerial Development Corporation
(1) There is constituted by this Act a body corporate with the corporate name of the Ministerial Development Corporation.
(2) The affairs of the Ministerial Development Corporation are to be managed by the Minister.
(3) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Development Corporation by the Minister, or with the authority of the Minister, is taken to have been done by the Ministerial Development Corporation.
s 23E: Ins 1992 No 9, Sch 1 (9).
23F
Functions of Ministerial Development Corporation
23F Functions of Ministerial Development Corporation
23F Functions of Ministerial Development Corporation
(1) The Ministerial Development Corporation is responsible for the management and disposal of the remaining assets, rights and liabilities of a dissolved development corporation.
(2) Without limiting the generality of subsection (1), the Ministerial Development Corporation, for the purposes of that subsection—
(a) has, in relation to the assets, rights and liabilities of the dissolved development corporation that are transferred to it, the same powers, authorities and functions of that development corporation under sections 8–13, 18, 19 and 21, and
(b) may, with the concurrence of the Treasurer, transfer any of its assets, rights and liabilities to the Crown or to any other person on behalf of the Crown.
(3) The Ministerial Development Corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.
(4) In this section, dissolved development corporation means a development corporation which is dissolved by an order under section 5 (1) (b).
s 23F: Ins 1992 No 9, Sch 1 (9). Am 2008 No 26, Sch 1 [8].
Part 4
Finance
Part 4 Finance
Part 4 Finance
24
Financial year of a corporation
24 Financial year of a corporation
24 Financial year of a corporation
The financial year of a corporation shall be—
(a) where no period is prescribed as referred to in paragraph (b)—the year commencing on 1 July, or
(b) the period prescribed for the purposes of this section.
s 24: Subst 1983 No 153, Sch 2.
25
25
25, 26 (Repealed)
27
Investments
27 Investments
27 Investments
A corporation may invest money held by it—
(a) if the corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the corporation is permitted to invest money under that Part, or
(b) if the corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.
s 27: Subst 1992 No 9, Sch 1 (10); 2018 No 70, Sch 3.29.
28
28
28–29A (Repealed)
Part 5
General
Part 5 General
Part 5 General
30
Powers of public authorities
30 Powers of public authorities
30 Powers of public authorities
Notwithstanding anything in any other Act, any public authority is hereby authorised and empowered to enter into agreements for the purposes of this Act with a corporation and may do or suffer anything necessary or expedient for carrying any such agreement into effect.
31
31
31 (Repealed)
32
Disputes
32 Disputes
32 Disputes
(1) In this section, corporation does not include the Ministerial Development Corporation.
(2) If any difference, whether arising out of the construction of this Act or not, arises between a corporation and a council, with respect to the carrying out of the provisions of this Act or with respect to the fulfilment and exercise of the corporation’s responsibilities, powers, authorities, duties, functions or privileges, the corporation or the council may submit the difference to the Minister, who may refer the matter for inquiry to some person appointed by the Minister in that behalf, or may make his or her own inquiry.
(3) The Minister, after consultation with the Minister for Local Government, may thereupon make such order as in the public interest and in the circumstances of the case may seem to the Minister just and equitable, and by the order may direct the payment of any costs and expenses incidental to the conduct of the inquiry.
(4) Any such order may, upon the application of the Minister, the corporation or the council, by leave of the Supreme Court, be enforced in the same manner as a judgment or order of the Supreme Court to the same effect.
(5) If any such difference arises between a corporation and a Government Department, the parties to the dispute may mutually agree to submit the matter in dispute to the Minister, and in any such case the provisions of this section shall apply to the settlement of the dispute as if the dispute were between a corporation and a council.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services a corporation makes use of) may be referred to as officers or employees, or members of staff, of the corporation. Section 47A of the Constitution Act 1902 precludes a corporation from employing staff.
s 32A: Ins 1981 No 31, Sch 1 (11). Subst 2006 No 2, Sch 4.23 [2]; 2014 No 33, Sch 3.11 [4].
33
Misuse of information
33 Misuse of information
33 Misuse of information
(1) Where, through association with a corporation, a person has knowledge of specific information relating to proposals made, or to be made, by the corporation in respect of the use and development of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person is guilty of an offence against this Act if the person—
(a) deals, directly or indirectly, in that land for the purpose of gaining an advantage for himself or herself by the use of that information, or
(b) divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that land,
and is liable to a penalty not exceeding 20 penalty units.
(2) Where, through association with a corporation, a person is in a position to influence proposals made, or to be made, by the Corporation in respect of the use and development of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person is guilty of an offence against this Act if—
(a) the person does so for the purpose of gaining an advantage for himself or herself, or
(b) the person does so for the purpose of enabling another person to gain an advantage,
and is liable to a penalty not exceeding 20 penalty units.
(3) Where—
(a) an offence under subsection (1) is committed and an advantage, referred to in that subsection, is gained from any dealing in land to which the offence relates, or
(b) an offence under subsection (2) is committed and an advantage, referred to in that subsection, is gained from any dealing in land which would not have been gained if the proposals concerned had not been influenced,
any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence under subsection (1) or (2), as the case may be, liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.
(4) Where a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and—
(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 or profit, referred to in subsection (3), may not be brought after the expiration of five years next succeeding the dealing in land to which the transaction relates.
(6) For the purposes of this section, a person is associated with a corporation—
(a) in the case of a development corporation—if the person is a member of the board or officer or employee of the development corporation or a person appointed to a committee or a sub-committee of the development corporation,
(ai) (Repealed)
(b) if the person is a member of staff of the Department of Urban Affairs and Planning,
(c) (Repealed)
(d) if the person is an officer or servant of a council,
(e) if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for the corporation, the Department of Urban Affairs and Planning or a council, or
(f) where the person, so associated by virtue of paragraph (e), is a body corporate, if the person is a director, manager or secretary of that body corporate.
(7) In this section, a reference to gaining an advantage does not include a reference to Landcom (or any other public authority prescribed by the regulations) gaining an advantage.
s 33: Am 1979 No 136, Sch 1 (5); 1981 No 31, Sch 1 (12); 1986 No 218, Sch 18 (3); 1992 No 9, Sch 1 (12); 1992 No 112, Sch 1; 1999 No 31, Sch 1.17 [6]; 2007 No 27, Sch 3.1; 2008 No 26, Sch 1 [9]; 2012 No 93, Sch 2.6.
34
Disclosure of interest
34 Disclosure of interest
34 Disclosure of interest
(1) If a member of a board of a development corporation, or a member of a committee or a sub-committee of such a board, has an interest, directly or indirectly, in land, proposals in respect of the development or use of which are to be considered by the board, committee or sub-committee, as the case may be, or has a pecuniary interest, direct or indirect, in a contract or proposed contract with the corporation or in any other matter in which the corporation is concerned and is present at a meeting of the board, committee or sub-committee, as the case may be, at which the proposals are or the contract, proposed contract or other matter is the subject of consideration, the member shall, at the meeting, as soon as practicable after the commencement thereof, disclose his or her interest and shall not take part in the consideration or discussion of or vote on any question with respect to the proposals or the contract, proposed contract or other matter.
(2) For the purposes of this section, a person shall be treated as having an indirect interest in land or a contract, proposed contract or other matter if—
(a) the person or any nominee of the person is a member of a company or other body which has an interest in the land, or with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration, or
(b) the person is a partner, or is in the employment of, a person who has an interest in the land, or with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration.
(3) Notwithstanding subsection (2)—
(a) that subsection does not apply to membership of or employment under any council or statutory body,
(b) a member of a company or other body shall not, by reason only of the person’s membership, be treated as being so interested if the person has no beneficial interest in any shares of that company or other body, and
(c) a member of a company having not less than twenty-five members shall not be treated as having an interest in land or in any contract or proposed contract with the corporation or in any other matter in which the corporation is concerned by reason only that the company has an interest in the land or the contract or proposed contract is with or the other matter concerns the company.
(4) In the case of a married couple who are living together, or de facto partners who are living together, the interest of one spouse or de facto partner shall, if known to the other, be deemed, for the purposes of this section, to be also an interest of the other spouse or de facto partner.
(5) A general notice in writing to the secretary or the prescribed officer of the development corporation by a member of a board of a development corporation, or a member of a committee or a sub-committee of such a board, to the effect that the member or the member’s spouse or de facto partner is a member, or is in the employment of a specified company or other body, or that the member or the member’s spouse or de facto partner is a partner or in the employment of a specified person shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of the member’s interest in any land in which that company or other body has an interest or in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.
(6) The Secretary or officer referred to in subsection (5) shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (5) and the book shall be open at all reasonable hours to the inspection of any person on payment of such fees as may be determined by the development corporation from time to time.
(7) Subject to subsection (8), if any person fails to comply with the provisions of subsection (1), the person is guilty of an offence against this Act and liable to a penalty not exceeding 4 penalty units, unless the person proves that the person did not know that proposals in respect of the development and use of the land in which the person had an interest were, or that the person did not know that a contract, proposed contract or other matter in which the person had a pecuniary interest was, the subject of consideration at the meeting.
(8) The Minister may, subject to such conditions as the Minister thinks fit to impose, remove any disability imposed by subsection (1) in any case in which the number of members referred to in subsection (1) so disabled at any one time would be so great a proportion of the whole of the members of the board of a development corporation, or a committee or a sub-committee of such a board, as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the public interest that the disability should be removed.
(9) The board of a development corporation, or a committee or a sub-committee of such a board, may, by resolution, provide for the exclusion of any member thereof from a meeting of the board, committee or sub-committee, as the case may be, while any proposal, in respect of any land or any contract, proposed contract or other matter in which that person has an interest as referred to in this section is under consideration.
(10) In this section, shares includes stock.
(11) The provisions of this section apply to a member of a council in relation to an interest in land that is within a growth centre and held by the member, directly or indirectly, proposals in respect of the development and use of which are to be considered by the council at a meeting of the council in the same way as they apply to a member of a board of a development corporation having an interest, directly or indirectly, in land proposals in respect of the development and use of which are to be considered by the board of the development corporation at a meeting.
(12) (Repealed)
s 34: Am 1981 No 31, Sch 1 (13); 1986 No 218, Sch 18 (3), (7); 1992 No 9, Sch 1 (13); 1992 No 112, Sch 1; 1997 No 152, Sch 4.12 [2]; 2008 No 23, Sch 3.24 [1]–[3]; 2008 No 26, Sch 1 [10]–[16]; 2010 No 19, Sch 3.41 [1]–[3].
35
Proceedings at meetings confidential
35 Proceedings at meetings confidential
35 Proceedings at meetings confidential
A person shall not, unless the development corporation otherwise determines, disclose any information with respect to the business discussed at any meeting of a development corporation.
Maximum penalty—20 penalty units.
s 35: Am 1981 No 31, Sch 1 (14); 1992 No 112, Sch 1.
35A
Proceedings at committee meetings confidential
35A Proceedings at committee meetings confidential
35A Proceedings at committee meetings confidential
A person shall not, unless the corporation otherwise determines, disclose any information with respect to the business of a corporation discussed at any meeting of a committee or of a sub-committee of the corporation.
Maximum penalty—20 penalty units.
s 35A: Ins 1981 No 31, Sch 1 (15). Am 1992 No 112, Sch 1.
35B
Protection from personal liability
35B Protection from personal liability
35B Protection from personal liability
Anything done or omitted to be done by—
(a) a development corporation, or
(b) a board of a development corporation, or
(c) a chief executive of a development corporation, or
(d) a member of a board of a development corporation, or
(e) a person acting under the direction of a development corporation or a board of a development corporation, or
(f) a person acting as a delegate of a development corporation,
if the thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, does not subject the chief executive, the member of the board of the development corporation or the person so acting personally to any action, liability, claim or demand.
s 35B: Ins 2008 No 26, Sch 1 [17].
36
Delegation
36 Delegation
36 Delegation
(1) A corporation may, by instrument in writing under seal, delegate to a member or officer or employee of the corporation, or to an officer, employee or servant of a Government Department or public authority whose services are being used by the corporation pursuant to section 21, the exercise or performance of such of the corporation’s responsibilities, powers (other than this power of delegation), authorities, duties and functions as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.
(2) A responsibility, power, authority, duty or function, the exercise or performance of which has been delegated under this section, may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.
(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the responsibilities, powers, authorities, duties or functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.
(4) Notwithstanding any delegation under this section, the corporation may continue to exercise or perform all or any of the responsibilities, powers, authorities, duties or functions delegated.
(5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the corporation and shall be deemed to have been done or suffered by the corporation.
(6) An instrument purporting to be signed by a delegate of the corporation in his or her capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the corporation under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the corporation under this section.
s 36: Am 1979 No 136, Sch 1 (6).
37
37
37 (Repealed)
38
Service of process
38 Service of process
38 Service of process
Any notice, summons, writ or other proceeding to be served on a corporation may be served—
(a) by being left, or
(b) in the case of a notice, by posting it addressed to the corporation,
at its office or, if it has more than one office, at one of its offices.
39
39
39 (Repealed)
40
Penalties
40 Penalties
40 Penalties
(1) Any penalty imposed by this Act or the regulations may be recovered in a summary manner before the Local Court.
(2) Where the penalty is a daily penalty it may be recovered either under a separate information or complaint for each day or under an information or complaint for the sum of the daily penalties.
s 40: Am 1999 No 31, Sch 4.36; 2007 No 94, Sch 2.
41
Recovery of money
41 Recovery of money
41 Recovery of money
Any charge, fee or money due to a corporation may be recovered as a debt or liquidated demand in a court of competent jurisdiction.
42
Regulations
42 Regulations
42 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 and, in particular, for or with respect to—
(a) forms including forms of lease for use for the purposes of this Act, and
(b) the payment of fees and travelling and out-of-pocket expenses to members of committees or sub-committees of a corporation for attending meetings, transacting business of the committees or sub-committees and making inspections for the purposes of this Act.
(2) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.
(3) A regulation may—
(a) impose a penalty for any breach thereof and also distinct penalties in case of successive breaches thereof but no such penalty shall exceed 1 penalty unit, and
(b) impose also a daily penalty for any continuing breach thereof not exceeding 0.1 penalty unit per day.
s 42: Am 1992 No 112, Sch 1.
43
Savings, transitional and other provisions
43 Savings, transitional and other provisions
43 Savings, transitional and other provisions
Schedule 6 has effect.
s 43: Ins 1985 No 231, Sch 31.
Schedule 1
Growth centres and development corporations
Schedule 1 Growth centres and development corporations
Schedule 1 Growth centres and development corporations
(Sections 4 and 5)
| Column 1 | Column 2 | Column 3 |
| Name of development corporation | Description of land of growth centre | Nature of governance |
| Hunter and Central Coast Development Corporation | All those pieces or parcels of land within the local government areas of Central Coast, Cessnock, Dungog, Lake Macquarie, Maitland, Mid-Coast, Muswellbrook, Newcastle, Port Stephens, Singleton and Upper Hunter Shire. | Chief executive |
| Regional Growth NSW Development Corporation | All those pieces or parcels of land within the local government areas of Parkes and the City of Wagga WaggaAll those pieces or parcels of land within the local government area of Moree PlainsAll those pieces or parcels of land identified as “Subject Land” on the map titled Growth Centres (Development Corporations) Act 1974—Snowy Mountains Special Activation Precinct Growth Centre, published on the website of Regional Growth NSW Development Corporation | Chief executive |
sch 1: Am 1992 No 9, Sch 1 (15); GG No 64 of 29.5.1992, p 3613; GG No 112 of 4.9.1992, pp 6549, 6551; GG No 120 of 16.9.1994, p 5785; 1995 No 10, Sch 1; GG No 156 of 22.12.1995, p 8741; GG No 143 of 6.12.1996, p 7949; GG No 57 of 30.5.1997, p 3503; GG No 163 of 20.11.1998, p 8920; 1998 No 170, sec 47; GG No 120 of 3.8.2001, p 5836; GG No 255 of 13.12.2002, p 10594; 2004 No 107, Sch 3.2; 2005 (322), cl 6; 2005 (775), cl 3; 2007 (640), cl 2; 2008 (11), cl 3. Subst 2008 No 26, Sch 1 [18]. Am 2008 No 122, Sch 11.3 [2]; 2010 (510), cl 3; 2010 (585), cl 3; 2010 (752), cl 3; 2012 (618), cl 3 (1) (2); 2013 (441), cl 3 (1) (2); 2016 (14), cl 3; 2017 (241), cl 3; 2017 No 33, Sch 5.2 [2]; 2018 (581), cl 3 (1)–(3); 2019 (309), cl 3; 2019 No 8, Sch 5 [3]; 2021 (220), cl 3; 2022 (209), sec 3; 2023 (582), Sch 1.
Schedule 1A
Dissolutions, amalgamations and changes of name or nature of governance
Schedule 1A Dissolutions, amalgamations and changes of name or nature of governance
Schedule 1A Dissolutions, amalgamations and changes of name or nature of governance
(Section 5 (3))
sch 1A: Ins 1981 No 31, Sch 1 (17). Rep 1992 No 9, Sch 1 (16). Ins 2008 No 26, Sch 1 [18]. Am 2008 No 122, Sch 11.3 [3].
Schedule 2
Provisions relating to the constitution and procedure of board governed development corporations
Schedule 2 Provisions relating to the constitution and procedure of board governed development corporations
Schedule 2 Provisions relating to the constitution and procedure of board governed development corporations
(Section 6A)
sch 2, hdg: Subst 2008 No 26, Sch 1 [19].
sch 2: Am 1976 No 4, Sch 5; 1977 No 77, Sch 1 (3)–(11); 1979 No 136, Sch 1 (8)–(18); 1981 No 31, Sch 1 (18); 1990 No 99, Sch 4; 1992 No 9, Sch 1 (17); 1999 No 31, Sch 1.17 [7]; 1999 No 94, sec 7 (1) and Sch 5, Part 1; 2006 No 8, Sch 3 [3] [6]; 2006 No 120, Sch 1.14 [2]–[6]; 2007 No 27, Sch 1.19 [3] [4]; 2007 No 82, Sch 1.12; 2008 No 26, Sch 1 [19]–[24]; 2014 No 33, Sch 3.11 [5]–[9].
1A
1A
1A (Repealed)
1B
Definitions
1B Definitions
1B Definitions
In this Schedule—
board means the board of the development corporation.
member means any member of the board.
10A
10A
10A (Repealed)
Schedule 3
Schedule 3
Schedules 3–5 (Repealed)
sch 3: Rep 1992 No 9, Sch 1 (18).
sch 4: Rep 1992 No 9, Sch 1 (19).
sch 5: Subst 1979 No 205, Sch 2, Part 1. Rep 1992 No 9, Sch 1 (20).
Schedule 6
Savings, transitional and other provisions
Schedule 6 Savings, transitional and other provisions
Schedule 6 Savings, transitional and other provisions
(Section 43)
sch 6: Ins 1985 No 231, Sch 31. Am 1986 No 218, Sch 18 (8); 1992 No 9, Sch 1 (21); 2006 No 8, Sch 3 [7] [8]; 2008 No 26, Sch 1 [25]–[27]; 2008 No 122, Sch 11.3 [4]–[8]; 2011 No 61, Sch 1 [1] [2]; 2011 No 62, Sch 4.6; 2017 No 33, Sch 5.2 [3]; 2019 No 8, Sch 5 [4] [5].
Part 6
Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment
Part 6 Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment
Part 6 Transfer of certain Landcom staff and assets, rights and liabilities to development corporations and Department of Planning and Environment
26
Transfer of Landcom assets, rights and liabilities
26 Transfer of Landcom assets, rights and liabilities
26 Transfer of Landcom assets, rights and liabilities
(1) The Premier may, by order in writing, transfer to the UrbanGrowth NSW Development Corporation the assets, rights and liabilities of Landcom that are specified or referred to in the order.
(2) The Minister for Planning may, by order in writing, transfer to a development corporation (other than the UrbanGrowth NSW Development Corporation) the assets, rights and liabilities of Landcom that are specified or referred to in the order.
(3) An order under this clause may be made on such terms and conditions as are specified in the order.
(4) An order under this clause may only be made within the period of 12 months after the commencement of this Part.
29
Transfer of interests in land
29 Transfer of interests in land
29 Transfer of interests in land
(1) An order may transfer an interest in respect of land vested in the transferor without transferring the whole of the interests of the transferor in that land.
(2) If the interest transferred is not a separate interest, the order operates to create the interest transferred in the terms specified in the order.
Part 7
Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019
Part 7 Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019
This Act may be cited as the Growth Centres (Development Corporations) Act 1974.
2
2 (Repealed)
2
s 2: Am 1979 No 136, Sch 1 (1); 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (1). Rep 1986 No 218, Sch 18 (1).
3 Definitions
3 Definitions
3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
approved scheme means an approved scheme referred to in section 15 or 16.
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
board governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a board.
building includes any structure or any part thereof.
building site means land set apart as the site for a building under section 8 (1) (f).
Chairperson, in relation to a board governed development corporation, means the chairperson of the board of the development corporation.
chief executive means the chief executive of a development corporation within the meaning of section 6B.
chief executive governed development corporation means a development corporation that, as specified in Schedule 1, is governed by a chief executive.
corporation means a development corporation or the Ministerial Development Corporation.
council has the same meaning as it has in the Local Government Act 1993.
description, in relation to land, includes a description of land by reference—
(a) to land within a local government area,
(b) to land within a local government area, other than land specified or described as being excepted or excluded therefrom, and
(c) to plans or other matters, whether of the same or a different kind or nature.
Regulates property dealings and vesting. The development corporation may acquire land under the Land Acquisition (Just Terms Compensation) Act 1991 and, subject to Minister approval, sell, lease, exchange or otherwise deal with vested land (ss 9, 11). Schedule 1A and associated Parts allow transfers of assets, rights and liabilities on dissolution, amalgamation, change of governance or name by order without formal conveyancing (Schedule 1A Part 2, cl 4-8).
Provides operational and administrative controls: contracts (s 18), arrangements with other public authorities (s 19), use of public servants and facilities with Ministerial approval (s 21), consultation and negotiation obligations (s 22), preparation and submission of an annual statement of business intent and other plans to Minister and Treasurer (s 23), and investment rules tied to Government Sector Finance arrangements (s 27).
Sets confidentiality and misuse rules and civil remedies: confidentiality of board and committee proceedings (ss 35, 35A), offences for misuse of information relating to land proposals and for influencing proposals for personal gain with civil remedies for persons who suffer loss (s 33), and disclosure of interest obligations with penalties (s 34).
Deals with staff and employment interfaces with the Public Service and Landcom transfers. The Act permits Public Service employment to enable corporations to exercise functions (s 32A), and contains specific provisions for the transfer of Landcom staff and Landcom assets, rights and liabilities (Part 6: ss 22-31).
Provides for the Ministerial Development Corporation to manage assets, rights and liabilities of dissolved corporations (ss 23E-23F).
Contains statutory exemptions and transaction mechanics for transfers: transfers under the various transfer Parts operate by vesting assets, rights and liabilities in the transferee without further conveyance; no attornment by lessees is required; and certain transfers are not subject to duties or state taxes where the Act so provides (Schedule 1A cl 4-8; Part 2 cl 7; Part 6 cl 32). The Governor or responsible Minister may specify dates and consideration for transfers (Schedule 1A cl 6; Part 2 cl 6; Part 6 cl 31).
The Act’s explicit rationale for these mechanics is stated in the text: a development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre for which it is constituted (s 7(1)). The approved‑scheme process, ministerial review and consultation duties in the Act express that purpose through planning, implementation and oversight mechanisms (ss 14-17; s 22).
Testing that rationale against the Act’s mechanics, and based strictly on the statutory text:
Decision authority and discretion are concentrated in the Minister and in the corporation’s chief executive (s 6, s 6B(4), ss 15-16). The Minister may direct whether to adopt or vary schemes (s 15(1), s 16(2)). Where a corporation is board governed, the board can direct the chief executive but the corporation remains subject to Ministerial control in exercise of functions, save when making recommendations to the Minister (s 6(2), s 6(1)(b)).
The Act creates mechanisms that reduce transaction frictions for government restructuring and asset transfers: assets, rights and liabilities can vest in transferees by operation of the Act, without further conveyance, and transfer orders may specify consideration; such transfers are expressly not to be treated as breaches of contract or events of default (Schedule 1A cl 4(1)(a)-(d), cl 4(2)(a)-(d); Part 6 cl 27(1)(a)-(e), cl 27(2)). The Act also exempts certain transfers from duties and State taxes when specified (Schedule 1A cl 7; Part 6 cl 32).
The Act imposes statutory limits on disclosure and use of information about proposals that might materially affect land prices, with criminal penalties up to 20 penalty units and civil liability for persons who gain advantage (s 33(1)-(4)). The same confidentiality is extended to meeting proceedings (ss 35, 35A) while the corporation must nevertheless provide internal accountability documents to Ministers (s 23; Schedule 2 cl 14).
These mechanics show the Act balances delegated operational powers (land management, contracts, construction and disposal) with central oversight (Ministerial directions, approvals for disposals and required reporting). The text identifies trade-offs the legislature made in design: powers to transact and to vest assets quickly on restructures, offset by Ministerial control and record-keeping and prohibitions against misuse of privileged information.
Main concepts
Definitions and central legal concepts are concentrated in s 3 and in Schedule provisions. The Act builds on, and cross-refers to, other NSW statutes. Key concepts and their statutory contours are:
Development corporation and corporation (s 3): A development corporation is the statutory body corporate constituted under Part 2 and specified in Schedule 1. Throughout the Act, corporation means either a development corporation or the Ministerial Development Corporation (s 3).
Growth centre (s 3): The growth centre is the land described in Schedule 1 for which a development corporation is constituted. The Schedule may describe land by reference to local government areas, maps or other documents.
Approved scheme (s 3, s 15): An approved scheme is the scheme for the growth centre that the Minister approves under s 15(3) after considering proposals submitted under s 14. The scheme controls the planning and development directions the corporation must implement (ss 14-17).
Governance types: chief executive governed development corporation and board governed development corporation (s 3, s 4(4), ss 6, 6A, 6B, Schedule 2). Chief executive governed corporations are managed by a Public Service chief executive (s 6B(1)). Board governed corporations have a development corporation board, appointed members, a chairperson and a Secretary of the Department of Planning and Environment role or nominee on the board (s 6A(3); Schedule 2).
Ministerial Development Corporation (ss 23E-23F): A separate body corporate constituted to manage assets, rights and liabilities of dissolved development corporations (s 23E(1)). It may transfer assets, rights and liabilities to the Crown or others with Treasurer concurrence (s 23F(2)(b)).
Asset, rights and liabilities (s 3): Broad definition includes legal and equitable interests, choses in action, documents, securities, money and liabilities whether vested or contingent. That breadth informs transfer and vesting clauses.
Powers and duties (s 7 and s 8): Substantive statutory functions for promoting and securing orderly and economic development (s 7(1)) and a non‑exhaustive list of powers including land management, subdivision, construction, demolition, setting aside building sites, road works and provision of utility services (s 8(1)).
Acquisition and disposal mechanics (s 9, s 11): Corporations may acquire land by agreement or compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (s 9(1)). Disposal of vested land requires Minister approval and may be subject to conditions, other than leases under three years which do not require Minister approval (s 11(1)-(2)).
Confidentiality and misuse (ss 33, 35, 35A): Criminal penalties for misuse of non‑public proposal information or for influencing proposals to gain advantage, plus prohibitions on disclosure of proceedings (ss 33(1), 35, 35A). Section 33(3) also creates civil liability to persons who suffer loss as a result of advantage gained by misuse.
Transfers, dissolutions and transitional mechanics (Schedule 1A; Part 2 of Schedule 1A; many Parts): The Act provides statutory mechanisms for dissolving, amalgamating and changing governance without typical conveyancing formalities and with specified consequences for officeholders, vesting of assets, and allocation of liabilities (Schedule 1A cl 3; Part 2 cl 4-8).
Cross-references to other Acts are frequent and shape the operation of these concepts. Examples in the text include the Environmental Planning and Assessment Act 1979 as a limit on certain powers (s 8(1)), the Land Acquisition (Just Terms Compensation) Act 1991 for compulsory acquisition (s 9(1)), the Public Works Act 1912 in relation to construction works (s 10), and the Government Sector Finance Act 2018 in relation to investment of corporate funds (s 27).
These definitions and statutory cross-references frame the Act’s architecture: corporations are public agencies with executive functions over specific land, constrained by Ministerial oversight and by statutory duties of confidentiality, reporting and procedural governance.
Who it affects
The Act explicitly and implicitly affects a set of identifiable parties:
The development corporations named in Schedule 1 and the Ministerial Development Corporation (ss 4, 23E). Schedule 1 lists corporate names and prescribed land; s 4(5) declares a development corporation a NSW Government agency.
Ministers and the Minister’s departmental apparatus. The Minister has control and direction over development corporations in the exercise of their functions except when a corporation is making a recommendation to the Minister (s 6(2)). The Minister decides on approval, variation, or rejection of schemes (s 15), and may direct implementation of variations (s 16). The Governor may act on the Minister’s recommendation to dissolve a corporation (s 5(5)).
Chief executives and board members. Chief executives are Public Service employees who manage corporations and may represent the corporation (s 6B(1), (4)). Boards exist for board‑governed corporations and have appointed members including the chief executive and a Secretary‑nominated person (s 6A(3)). Schedule 2 sets appointment terms, remuneration, quorums, minutes, committees and removal (Schedule 2 cls 1-19).
Councils and local government. The Act requires corporations to consult with and assist councils that may be affected (s 7(2)(d); s 22). Section 32 creates a process for resolving differences between a corporation and a council via the Minister with possible inquiry and orders enforceable by the Supreme Court (s 32(2)-(4)). Section 34(11) applies disclosure-of-interest provisions to council members in relation to land within a growth centre in the same way as board members.
Public authorities, Government Departments and Landcom. Public authorities are authorised to enter into agreements with corporations to carry out this Act (s 30) and may act as agents for corporations under s 19. Part 6 contains specific provisions transferring Landcom staff and assets in particular circumstances to development corporations or the Department of Planning and Environment (ss 22-31).
Private parties and landholders within growth centres. The Act empowers corporations to acquire, manage, develop and dispose of land within growth centres (ss 8-12). Contracts with private persons for works and services are permitted (s 18). The offence provisions in s 33 target persons who, through association with a corporation, possess non‑public information that can materially affect land prices and misuse it.
Employees transferred to or employed by corporations. Section 32A authorises the employment of persons in the Public Service to enable corporations to exercise their functions. Part 6 (ss 22-24) makes provision for transferring Landcom employees to development corporations or the Department of Planning and Environment with specific protections for terms, conditions and leave entitlements during transition periods.
Transferees and transferors in restructures. Schedule 1A and Parts dealing with transfers provide mechanisms by which assets, rights and liabilities of dissolved or amalgamated corporations transfer to transferees, including the Ministerial Development Corporation or an amalgamated corporation (Schedule 1A cl 3; Part 2 cl 4). The Act treats those transfers as operating by force of statute for many legal purposes.
Who pays and who decides are clear from the text. The Minister has decision authority over scheme approval, variations and many approvals including disposals (ss 15, 16, 11). Costs of implementation and disposals fall on the corporation, which may fund works, make loans, or receive consideration from disposals (s 18(2)(b)-(c); s 11(1)). When transfers on dissolution occur, the assets and liabilities vest in a transferee (Schedule 1A cl 3(1)(d)); Schedule 1A and transfer Parts also provide that no compensation is payable to persons affected except to the extent the order specifies (Schedule 1A cl 4(5), Part 6 cl 28).
In sum, the Act affects a network of public and private actors with the development corporation at the centre, the Minister as the principal decision maker, local government as a statutory consulteee and dispute counterparty, and landholders and market actors who interact with the corporation through acquisitions, disposals and land‑use processes.
Key duties and rights
The Act assigns a set of substantive duties and confers powers on development corporations, directors/chief executives, the Minister, and other actors. The core duties and rights are:
Statutory duty to promote and secure development: A corporation is charged with promoting, co‑ordinating, managing and securing orderly and economic development of its growth centre (s 7(1)). That general responsibility is fleshed out by a non‑exhaustive list of functions in s 7(2), including proposal submission, advice and research, assistance to councils, and exercise of powers under other Acts.
Duty to submit proposals and implement approved schemes: A development corporation must submit proposals as soon as practicable after constitution (s 14). The Minister then directs whether the corporation must proceed with the scheme, proceed with alterations, or not proceed and submit another scheme (s 15). If the Minister directs proceeding, the scheme becomes the approved scheme and the corporation must implement it as soon as practicable (s 17).
Power and duty to acquire and deal with land: Corporations may acquire land by agreement or compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 for purposes of the Act (s 9). Corporations may manage vested land, subdivide, construct roads, erect buildings, demolish structures and set aside building sites (s 8). Disposal of vested land requires Minister approval except for leases under three years (s 11(1)-(2)).
Powers to contract and finance works: Corporations may enter into contracts for carrying out works, supply of goods or services and may provide loans to meet costs or pay for services during specified periods (s 18(1)-(3)). Contracts of the corporation are deemed for certain constitutional purposes to be contracts for the account of the Public Service (s 18(4)).
Obligations on consultation and negotiation: Corporations must, as far as practicable, consult and negotiate with public authorities and Government Departments with similar responsibilities and arrange for services and facilities (s 22).
Reporting and transparency obligations to Ministers and Treasurer: Corporations must prepare and submit an annual statement of business intent to the Minister and the Treasurer at times the Minister directs. The statement must set out objectives, intended activities and scope, performance targets, accounting and reporting policies, and details regarding contributions administration under Part 4 Divisions 6 and 6A of the EP&A Act (s 23(1)-(2), (4)). The Minister or Treasurer may direct amendments if not satisfied (s 23(4)). Schedule 2 requires minutes of board meetings to be kept and submitted to the Minister within one week (Schedule 2 cl 14).
Conflict of interest and disclosure duties: Members of boards, committees or sub‑committees must disclose interests in land or any pecuniary interest and must not take part in consideration, discussion or vote on such matters (s 34(1)). There are detailed rules about how indirect interests are treated, the effect of general notices and recording of disclosures in a book open for inspection (s 34(2), (5), (6)). Failure to comply can attract a penalty up to 4 penalty units unless ignorance of the matter is proved (s 34(7)).
Confidentiality and misuse of information obligations and prohibitions: Persons associated with a corporation who obtain specific, non‑public information that might reasonably be expected to materially affect market price of land are prohibited from dealing in that land for personal advantage or divulging the information to enable another to gain advantage; those offences carry penalties not exceeding 20 penalty units (s 33(1)). Section 33 also provides civil remedies for those who suffer loss because of advantages gained by misuse (ss 33(3)-(4)). Board and committee meeting proceedings are confidential unless the corporation determines otherwise, and disclosure attracts penalties up to 20 penalty units (ss 35, 35A).
Delegation rights and protection from liability: Corporations may delegate many powers by instrument under seal, with the delegation to specified officers or public servants and subject to conditions; the corporation may continue to exercise delegated functions and acts of delegates have full force as acts of the corporation (s 36). Persons acting in good faith under the Act, including chief executives, board members and delegates, are protected from personal liability for actions done in good faith executing the Act (s 35B).
Rights to engage staff and use government resources: Section 32A permits employment of persons in the Public Service to enable corporations to exercise functions. Section 21 allows corporations, with Minister and Department or public authority approval, to use services of officers and facilities of Government Departments and public authorities on agreed terms.
Rights on transfers and reorganisations: On dissolution or amalgamation orders, assets, rights and liabilities of dissolving corporations vest in transferees by operation of the Act (Schedule 1A cl 3; Part 2 cl 4(1)). The Act enables the Minister or Governor to specify consideration and the date of effect for transfers (Schedule 1A cl 6; Part 2 cl 6). Transfers are not to be treated as breaches of contract, and no attornment by lessees is required (Schedule 1A cl 4(2), (3)).
These duties and rights set a legal framework where corporates have broad powers to manage and transact land and infrastructure, coupled with statutory obligations for ministerial oversight, reporting, confidentiality, conflict management and delegation. The Act deliberately ties major property decisions to Ministerial approval and provides statutory means to restructure corporate ownership of assets and liabilities.
Penalties and enforcement
The Act establishes criminal and civil enforcement mechanisms, administrative remedies and processes for recovery of penalties and monetary claims. The statutory enforcement architecture is:
Criminal penalties for misuse and misconduct:
Misuse of information and influencing proposals: Section 33(1)-(2) makes it an offence for an associated person to deal in land or divulge specific non‑public information for the purpose of personal advantage, or to influence proposals to secure advantage, with penalties not exceeding 20 penalty units. The Act also creates civil liability for persons who gained an advantage causing loss to another (s 33(3)-(4)), with a five‑year limitation on actions (s 33(5)).
Confidentiality of meeting proceedings: Section 35 makes unauthorised disclosure of information discussed at a development corporation meeting an offence with a maximum penalty of 20 penalty units. Section 35A provides the same for committee and sub‑committee meetings.
Disclosure of interests: Section 34(7) provides that failing to disclose a relevant interest at a meeting is an offence with penalty up to 4 penalty units, unless the person proves that they did not know the matter was the subject of consideration.
Regulations may also prescribe penalties up to 1 penalty unit and daily penalties up to 0.1 penalty unit for breaches of regulations (s 42(3)).
Civil remedies and recovery:
Section 33(3) creates liability for any person who gained an advantage from offences under s 33 to be liable to another for any loss incurred because of that advantage. Section 33(4) specifies how loss is calculated, by reference to the market price the court considers would have applied in the absence of the misuse or influence.
A person aggrieved may bring an action to recover loss but must do so within five years after the dealing (s 33(5)).
Any charge, fee or money due to a corporation may be recovered as a debt or liquidated demand in a court of competent jurisdiction (s 41).
Administrative and judicial enforcement of ministerial orders and dispute resolution:
Section 32 provides a mechanism for corporation versus council disputes to be submitted to the Minister who may inquire and make orders considered just and equitable, including directions about payment of costs related to the inquiry (ss 32(2)-(3)). Such orders may be enforced by the Supreme Court as if a judgment or order (s 32(4)).
Recovery and summary penalties:
Section 40 permits penalties imposed by the Act or regulations to be recovered summarily in the Local Court. Where penalties are daily, they can be recovered per day or in aggregate (s 40(1)-(2)).
Protection from personal liability:
Section 35B offers protection to persons acting in good faith under the Act from personal action, liability or claims, including chief executives, board members and delegates (s 35B).
Enforcement features in the Act also include procedural documentary obligations that facilitate oversight: corporations must submit annual statements of business intent and other reports to the Minister and Treasurer (s 23), and Schedule 2 requires minutes be submitted to the Minister within one week after board meetings (Schedule 2 cl 14). Those documentation duties enable administrative oversight and potential follow-up enforcement.
The Act also contains clauses that clarify legal effect of transfers and protect transferees from certain contract‑based remedies arising from changes in ownership during statutory transfers: transfers by operation of the Act are not to be regarded as breaches of contract, and no attornment is required (Schedule 1A cl 4(2)-(3); Part 6 cl 27(2)-(3)). Those provisions limit private parties’ contractual remedies against the State when transfers of assets, rights and liabilities occur under the Act.
Overall, enforcement is a mixture of criminal sanctions for misuse and non‑disclosure, civil remedies for victims of misuse, administrative control by the Minister supported by reporting duties, and statutory mechanisms to protect delegates and to facilitate transfers and restructures without triggering contract defaults or taxes unless orders specify otherwise.
How it interacts with other laws
The Act is constructed to operate alongside a range of NSW statutes and to rely on external regimes for certain functions. The principal statutory interactions in the text are:
Environmental Planning and Assessment Act 1979 (EP&A Act): The Act expressly limits development corporations to operate subject to the EP&A Act and other relevant Acts for many powers (s 8(1)). Section 23(2)(e) requires business intent statements to include details of activities in connection with determining, allocating and administering contributions under Divisions 6 and 6A of Part 4 of the EP&A Act. The approved‑scheme mechanism in ss 14-17 interfaces with planning and environmental instruments.
Land Acquisition (Just Terms Compensation) Act 1991: Compulsory acquisition powers are exercisable in accordance with that Act (s 9(1)). That cross-reference governs compensation procedures and statutory just terms requirements when a corporation acquires land compulsorily.
Public Works Act 1912: Acquisitions under s 9 are taken to be for an authorised work for the purposes of the Public Works Act and the corporation is treated as the Constructing Authority (s 10(1)). However ss 34-37 of the Public Works Act do not apply to works constructed under this Act (s 10(2)).
Crown Land Management Act 2016 and Roads Act 1993: Dedication of land surrendered to the Crown is governed by Crown land reservation and dedication mechanisms in the Crown Land Management Act, and revocation and dedication as public road may use the Roads Act as per the transfer/dedication provisions (s 12(2)).
Government Sector Employment Act 2013 and Constitution Act 1902: The Act contemplates employment of Public Service persons to enable corporations to exercise functions and notes that staff so employed are treated as officers or employees of the corporation under the Government Sector Employment Act. The note also records that s 47A of the Constitution Act 1902 precludes a corporation from employing staff directly (s 32A).
Government Sector Finance Act 2018: Investment powers for corporations depend on whether the corporation is a Government Sector Finance (GSF) agency. If a GSF agency, the corporation may invest money as allowed under Part 6 of the Government Sector Finance Act; otherwise investment is limited to ways authorised for trust funds and with Minister and Treasurer concurrence (s 27).
Duties Act 1997 and State tax regimes: Schedule 1A, Part 2 cl 7 and Part 6 cl 32 expressly provide that duty under the Duties Act 1997 or State tax is not chargeable for transfers effected by operation of the Act or for certified consequential actions (Schedule 1A cl 7; Part 6 cl 32(1)). These tax exemptions alter normal conveyancing cost exposures.
Public Sector and financial management statutes: The Ministerial Development Corporation may transfer assets, rights and liabilities to the Crown or others with Treasurer concurrence (s 23F(2)(b)), creating an interface with public finance and Treasury oversight.
Reductions or exclusions of standard common law or contractual remedies in relation to transfers: Schedule 1A cl 4(2) states that the operation of that clause is not to be regarded as a breach of contract or confidence or otherwise a civil wrong, and not an event of default, which limits common law and contract remedies when transfers occur by operation of the Act.
Specific repeal/transfer Acts incorporated by Parts: The text contains Parts that implement other Acts’ repeal or amendment consequences such as the Redfern-Waterloo Authority Repeal Act 2011 (Part 4), State Revenue and Other Legislation Amendment Acts, and the dissolution and transfer of UrbanGrowth NSW Development Corporation assets to Infrastructure NSW under the 2019 amendments (Part 7). These Parts create statutory conversions of references and transfers, a statutory saving that affects statutory interpretation across instruments (e.g., Part 3 cl 10(1)(f) regarding references to Growth Centres Commission).
Supreme Court enforcement: Orders made by the Minister after inquiry under s 32(3) may, upon application and leave, be enforced by the Supreme Court as if they were judgments or orders of the Court (s 32(4)).
These cross‑statutory interactions show the Act does not operate in isolation. It defers to planning, land acquisition and public finance regimes and modifies standard procedural consequences (for contract, conveyancing, and taxes) when assets and liabilities are transferred by statutory order. That creates an integrated statutory matrix where corporate powers must be exercised within broader statutory constraints and where transfers and restructures use specific statutory mechanics rather than ordinary private law processes.
Amendment history
The Act text itself contains numerous amendment notes and inserted Parts that reflect legislative changes over time. Using the amendment annotations within the provided text, the principal structural and recent amendments are:
1970s-1980s amendments: The Act has a long history of amendments since enactment, with multiple changes to definitions, powers and schedules noted in the marginal amendment footnotes (for example, amending years noted include 1977, 1979, 1981 and 1986 as seen in s 3 and other sections).
Creation of the Ministerial Development Corporation (1992): Sections 23E and 23F were inserted in 1992 to constitute the Ministerial Development Corporation and assign it functions to manage assets, rights and liabilities of dissolved development corporations (s 23E-23F; Ins 1992 No 9, Sch 1(9)). Schedule 1A, originally inserted earlier and later amended, became a focus for transfer and dissolution mechanics.
2008 structural rewrite: In 2008 the Act underwent a substantive reworking. Part 2 was substituted in 2008 (subst 2008 No 26, Sch 1[4]) and Schedule 2 and other governance provisions were inserted or revised (see s 6A, s 6B, Schedule 2). The 2008 amendments changed governance options (chief executive vs board) and updated appointment and procedural rules for boards. Schedule 1A was inserted or updated around this period to handle dissolutions and amalgamations (Ins 2008 No 26, Sch 1[18]).
State Revenue and other budget measures (2008): Part 3 records the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 and includes detailed transfer validation provisions for dissolutions and transfers of the Growth Centres Commission and related assets (Part 3 cl 9-11).
Redfern-Waterloo Authority Repeal (2011): Part 4 implements the repeal of the Redfern-Waterloo Authority Act 2004 and transfers functions and assets to the Sydney Metropolitan Development Authority (SMDA), with saving clauses for the Redfern-Waterloo Plan and related contributions instruments (Part 4 cl 13-20).
Landcom transfers and transitional rules (various dates): Part 6 and related clauses were inserted to provide for transfer of Landcom staff and assets to development corporations and to the Department of Planning and Environment (Part 6, ss 22-31), with terms and conditions and protections for transferred employees.
2019 amendments, Infrastructure NSW integration: Section 3A was inserted in 2019 (Ins 2019 No 8, Sch 5[2]) to treat Infrastructure NSW as a development corporation for certain provisions and to identify specific land for which Infrastructure NSW is constituted (s 3A(1)-(2)). Part 7 implements the dissolution of the UrbanGrowth NSW Development Corporation and the transfer of its assets, rights and liabilities to Infrastructure NSW (Part 7 cl 34-35, Ins 2019 No 8). The amendment notes indicate subsequent adjustments (Am 2020 No 30, Sch 1.21).
Other technical and consequential amendments: The Act includes numerous footnoted amendments relating to definitions, cross‑references and repeals across many years, including changes in 1992, 1999, 2006, 2007, 2010, 2014, 2017 and 2018 reflected in the marginal notes following core sections. Those amendatory notes in the text indicate periodic updates for governance, reporting, finance and staffing interfaces.
The Act’s amendment history as shown in the provided text reflects a trajectory from a 1974 framework towards more explicit governance choices, statutory transfer mechanics, integration with contemporary public sector finance and employment regimes, and targeted consolidations of development corporations into other State agencies such as Infrastructure NSW. The text itself documents the precise amendment instruments in the marginal notes appended to sections.
Litigation history
The provided statute text contains no citations to, or summaries of, judicial decisions that have interpreted the Act. The Act includes internal mechanisms for enforcement and for orders enforceable by the Supreme Court under the disputes process (s 32(4)), but the statute as supplied does not name or summarise any cases. Therefore, based solely on the provided material, there is no litigation history recorded in the Act text.
If litigation arises, key statutory provisions likely to attract judicial attention would include the statutory transfer and vesting provisions (Schedule 1A cl 4; Part 2 cl 4), the exemption of transfer actions from duties and State taxes (Schedule 1A cl 7; Part 6 cl 32), confidentiality and misuse of information provisions (s 33; ss 35, 35A), the Minister’s power to direct and to approve schemes and disposals (ss 15, 16, 11), and dispute resolution powers under s 32. The Act’s express protection against treating statutory transfers as breaches of contract (Schedule 1A cl 4(2); Part 6 cl 27(2)) could also be a focus in any dispute about third‑party contractual rights affected by a statutory transfer.
As the statute text contains no cases, practitioners should consult case law databases or court reports for judicial interpretation of these provisions if precedent is required. The text itself does, however, build in administrative remedies and a mechanism to have Ministerial orders enforced by the Supreme Court (s 32(4)).
Gotchas
The Act contains several practical and legal traps and features that practitioners, compliance officers and purchasers should note. These are drawn from the statutory text and concern decision authority, procedural shortcuts, confidentiality and transfer mechanics:
Ministerial control and approvals are a gating mechanism. The Minister may control the exercise of functions (s 6(2)), decide whether an approved scheme proceeds or is to be varied (s 15), and must approve disposals of vested land (s 11(1)). Corporations are required to submit statements of business intent and other reports that are subject to Ministerial and Treasurer review and possible direction to amend (s 23). Practitioners dealing with corporations should plan for Ministerial timelines and potential conditions on approvals.
Disposals are generally subject to Minister approval except short leases. Although corporations can sell, lease or otherwise deal with vested land, Ministerial approval is required for those dealings except for leases under three years (s 11(1)-(2)). That narrow lease exemption is a precise drafting point that can affect deal structuring.
Confidentiality and criminal sanctions are broad and carry civil exposure. Section 33 criminalises trading on, or disclosing, specific non‑public information likely to affect land prices with penalties up to 20 penalty units, and also creates civil liability to compensate third parties for loss caused by advantage gained. Disclosure prohibitions for meeting proceedings carry the same maximum penalty (ss 33, 35). Where persons are “associated with a corporation” (as defined in s 33(6)), their conduct is constrained. Those provisions require robust internal compliance controls and record‑keeping.
Disclosure obligations have a low threshold and public access to disclosures. Board members and committee members must disclose interests at meetings and general notices may suffice; such disclosures are recorded in a book open for inspection subject to fees determined by the corporation (s 34(1), (5)-(6)). The openness of the disclosure book could create exposure for members; the Minister can remove the disability arising from disclosures where many members would otherwise be disabled and impede business (s 34(8)).
Statutory transfers can change counterparties without standard notice or attornment. Transfers of assets, rights and liabilities on dissolution, amalgamation or by Ministerial/Governor order vest the assets in transferees by operation of the Act without further conveyance and without attornment by lessees (Schedule 1A cl 4(1)(a), (3); Part 6 cl 27(1)(a), cl 27(3)). The Act also states that such statutory transfers are not to be treated as breaches of contract or default events (Schedule 1A cl 4(2); Part 6 cl 27(2)). Third parties contracting with a development corporation should check whether an order under the Act might transfer their counterparty and limit their remedies.
Transfers may be effected without duties and state taxes. Transfers to which the transfer Parts apply are not subject to duty under the Duties Act 1997 and State taxes under certain provisions (Schedule 1A cl 7; Part 6 cl 32). This can materially affect financial structuring and the cost of asset transfers, but is subject to the terms of the transfer order.
Delegation is broad but not unlimited. Corporations can delegate many powers under s 36 by sealed instrument, and acts of delegates have full effect as acts of the corporation (s 36(1), (5)). Delegation cannot extend to the power of delegation itself (s 36(1): “other than this power of delegation”), so control of re‑delegation is limited.
Protection from personal liability is subject to good faith. Section 35B shields persons acting in good faith for the purpose of executing this or any other Act. That protection does not extend to acts outside good faith or unlawful acts; practitioners should ensure decision making is properly documented to evidence good faith.
Transferred staff have protected terms only temporarily. Part 6 contains detailed protections for transferred Landcom employees in relation to salary, hours, leave and termination during specified transition periods (ss 23-24). After transition periods end, terms can be varied. Employers and employees should be clear on the length and scope of those protections.
Infrastructure NSW limitations: Section 3A takes Infrastructure NSW to be a development corporation for specified provisions, but constrains it to exercise functions only in relation to the land identified in s 3A(2) and limits scope to specified listed provisions (s 3A(1), (3)). Those statutory limits must be observed when Infrastructure NSW is involved.
These gotchas highlight where statutory design creates operational friction or unexpected consequences: ministerial approval gates, statutory transfers changing counterparties and limiting contractual remedies, strict confidentiality and insider trading prohibitions, and temporary employment protections.
How to comply
Practical compliance steps drawn from the statutory text are the following. Each step is grounded in the specific provisions cited.
Establish and document the approved scheme process.
Prepare and submit proposals promptly after constitution as required by s 14. Ensure proposals contain the planning, land‑use, infrastructure and public transport elements the corporation expects to implement (s 7(2)(a), s 14).
Anticipate Ministerial directions under s 15 and build processes to adapt to directions to proceed, proceed with alterations, or re‑submit a scheme within a Minister‑specified period (s 15(1)-(2)). Maintain version control and record reasons for any variations to assist in Ministerial consultations (s 16).
Obtain and document Ministerial approvals where required.
Before selling, leasing or otherwise disposing of vested land obtain Minister approval and record terms and conditions the Minister may impose (s 11(1)). Leases under three years do not require approval but should be structured to avoid triggering the approval requirement inadvertently (s 11(2)).
For use of Government Department officers or facilities, secure approvals of the Minister and the relevant Department and document terms in a written arrangement (s 21(1)).
Keep Minister and Treasurer informed; submit the annual statement of business intent and any other plans in accordance with s 23(1)-(3), and be ready to amend on Minister/Treasurer direction (s 23(4)).
Conflicts, disclosures and meeting procedures.
Implement a conflicts policy consistent with s 34. Require members to disclose interests at meetings immediately upon commencement if they have any interest in land or pecuniary interest in any contract or matter under consideration (s 34(1)). Use the general notice mechanism where appropriate (s 34(5)).
Maintain the disclosure book and make it available for inspection on payment of any fees determined by the corporation, as required by s 34(6).
Apply Schedule 2 meeting rules for board governed corporations: ensure quorums, minutes and minute submissions to the Minister within one week (Schedule 2 cls 9, 14). Ensure Chairperson presides or an elected presiding member is properly recorded (Schedule 2 cls 11-12).
Meeting confidentiality and information controls.
Apply strict controls to information of the kind described in s 33. Identify who is “associated with” the corporation under s 33(6) and limit access to specific non‑public information that might affect land prices. Implement compliance checks to prevent insider dealing and unauthorised disclosure.
Ensure meeting attendees are informed of statutory confidentiality obligations under ss 35 and 35A and ensure minutes and records are managed under secure procedures.
Contracts, procurement and delegation.
Use s 18 to enter contracts for works, loans and cost allocation. Ensure contracts contain appropriate terms reflecting that s 18 contracts are deemed for certain purposes as contracts for or on account of the Public Service (s 18(4)).
Use s 36 to document delegations by instrument under seal, specifying conditions and limitations, and retain records sufficient to show that delegates acted within delegated authority. Remember the power of delegation itself cannot be delegated (s 36(1)).
Land acquisition and works compliance.
For compulsory acquisitions, follow the Land Acquisition (Just Terms Compensation) Act 1991 processes required by s 9(1). For works treated under the Public Works Act, note the Constructing Authority status in s 10(1) and the inapplicability of certain Public Works Act sections to works under this Act (s 10(2)).
For dedication of land to the Crown, comply with notification and the Crown Land Management Act 2016 processes (s 12).
Reporting, investments and financial governance.
Prepare statements of business intent that set out objectives, scope, performance targets, accounting policies and contribution administration details required by s 23(2)(a)-(f). Maintain accounting practices that enable audit and Minister/Treasurer review.
For investment of corporate funds, comply with the Government Sector Finance framework depending on whether the corporation is a GSF agency (s 27).
Employment and staff transfers.
Where the corporation uses Public Service staff, ensure employment is arranged under the Government Sector Employment Act 2013 as contemplated by s 32A and that staff are properly recorded as employed to enable the corporation’s functions. For Landcom transfers, follow Part 6 provisions on transfer orders, transition periods, and preservation of terms and leave entitlements (ss 22-24).
Prepare for transfers, dissolutions and restructures.
If anticipating a statutory transfer or dissolution, counsel counterparties that transfers will vest assets, rights and liabilities by operation of statute, without further conveyance and without attornment, and that transfers are not, by operation of the Act, to be treated as breaches or events of default (Schedule 1A cl 4; Part 6 cl 27). Check for specified consideration or compensatory provisions in the relevant order (Schedule 1A cl 6; Part 2 cl 6; Part 6 cl 31).
Verify tax and duty consequences: transfers under the Act may be exempt from duties and State taxes where the Act so provides (Schedule 1A cl 7; Part 6 cl 32).
Dispute management.
Use the s 32 mechanism for disputes with councils: be prepared to submit disputes to the Minister, accept possible referral to inquiry and comply with any Ministerial orders which can be enforced by the Supreme Court on leave (s 32(2)-(4)). Maintain records and evidence supporting the corporation’s position should a Ministerial inquiry take place.
In all of the above, contemporaneous documentation of approvals, directions, board decisions, minutes and dealings with land is essential because the Act builds in Ministerial oversight, creates statutory effects for transfers, and imposes confidentiality and criminal prohibitions that will be interpreted in light of factual records. Legal and compliance teams should ensure processes capture Minister and Treasurer directions, board minutes and conflict disclosures in an auditable manner and that staff and affiliates understand the scope of “association” for s 33 compliance.
development corporation means a corporation constituted under Part 2.
environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979.
exercise a function includes perform a duty.
function includes a power, authority or duty.
growth centre means the land for the time being described in a Part of Schedule 1.
Infrastructure NSW means Infrastructure NSW constituted under the Infrastructure NSW Act 2011.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
member, in relation to a board governed development corporation, means a member of the board of the development corporation, and includes the chief executive.
Ministerial Development Corporation means the Ministerial Development Corporation constituted by Part 3A.
public authority means any public or local authority constituted by or under an Act other than this Act, and includes Landcom.
regulations means regulations made under this Act.
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) The responsibilities, powers, authorities, duties and functions conferred or imposed on a corporation shall be exercised or discharged—
(a) in the case of a development corporation—by the development corporation for the purposes of, or in connection with, the growth centre in respect of which the development corporation is constituted, or
(b) (Repealed)
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1979 No 136, Sch 1 (2); 1979 No 205, Sch 2, Part 1; 1981 No 31, Sch 1 (2); 1986 No 218, Sch 18 (2), (3); 1992 No 9, Sch 1 (1); 1997 No 152, Sch 4.12 [1]; 1999 No 31, Sch 1.17 [1]–[3]; 2006 No 2, Sch 4.23 [1]; 2006 No 8, Sch 3 [1]–[3]; 2007 No 27, Sch 1.19 [1]; 2008 No 26, Sch 1 [1]–[3]; 2014 No 33, Schs 1.8, 3.11 [1]; 2019 No 8, Sch 5 [1].
3A Special provisions relating to Infrastructure NSW
3A Special provisions relating to Infrastructure NSW
3A Special provisions relating to Infrastructure NSW
(1) Infrastructure NSW is taken to be a development corporation for the purposes of the following provisions of this Act (the relevant provisions)—
(a) Part 3,
(b) sections 27, 30, 32, 33 and 41.
(2) The growth centre in respect of which Infrastructure NSW is taken to be constituted for the purposes of the relevant provisions is the following land—
(a) the land identified as a potential urban renewal precinct on the State Environmental Planning Policy (Urban Renewal) 2010 Granville Potential Precinct Map under State Environmental Planning Policy (Urban Renewal) 2010 as in force immediately before 1 July 2019,
(b) the land identified by yellow shading on the map entitled “Cooks Cove growth centre”, dated 1 September 2020 and published on Infrastructure NSW’s website,
(c) the land outlined in red on the map entitled “The Bays Growth Centre”, dated 1 September 2020 and published on Infrastructure NSW’s website.
Note—
The UrbanGrowth NSW Development Corporation was the development corporation for the land specified by this subsection immediately before its dissolution by the State Revenue and Other Legislation Amendment Act 2019 on 1 July 2019.
(3) In exercising its functions as a development corporation under the relevant provisions, Infrastructure NSW may exercise those functions only in relation to the land referred to in subsection (2).
s 3A: Ins 2019 No 8, Sch 5 [2]. Am 2020 No 30, Sch 1.21.
Part 2 Constitution of development corporations
Part 2 Constitution of development corporations
Part 2 Constitution of development corporations
pt 2, hdg: Am 1981 No 31, Sch 1 (3). Subst 2008 No 26, Sch 1 [4].
pt 2: Subst 2008 No 26, Sch 1 [4].
Division 1 General
Division 1 General
Division 1 General
pt 2, div 1, hdg: Ins 2008 No 26, Sch 1 [4].
4 Constitution of development corporations and growth centres
4 Constitution of development corporations and growth centres
4 Constitution of development corporations and growth centres
(1) There are constituted by this Act such development corporations as are specified from time to time in Schedule 1.
(2) A development corporation is a body corporate with the corporate name specified in column 1 of Schedule 1.
(3) The growth centre in respect of which a development corporation is constituted is the area of land described in any manner (including by reference to a description contained in another document) in column 2 of Schedule 1 in relation to the development corporation.
(4) A development corporation is to be either a chief executive governed development corporation or a board governed development corporation, as specified from time to time in column 3 of Schedule 1.
(5) A development corporation is a NSW Government agency.
s 4: Am 1981 No 31, Sch 1 (4). Subst 2008 No 26, Sch 1 [4].
5 Amendment of Schedule 1 (Growth centres and development corporations)
5 Amendment of Schedule 1 (Growth centres and development corporations)
5 Amendment of Schedule 1 (Growth centres and development corporations)
(1) The Governor may, by order published on the NSW legislation website—
(a) constitute a development corporation by inserting the name of a development corporation into column 1 of Schedule 1 and inserting the nature of governance of the development corporation (either “Board” or “Chief executive”) into column 3 of Schedule 1, or
(b) dissolve a development corporation by omitting the matter relating to the development corporation from Schedule 1, or
(c) change the name of a development corporation by amending the name of the development corporation in column 1 of Schedule 1, or
(d) establish a growth centre by inserting a description of land in column 2 of Schedule 1, or
(e) abolish a growth centre by omitting the description of land of the growth centre from column 2 of Schedule 1, or
(f) alter a growth centre by amending the description of land of the growth centre in column 2 of Schedule 1, or
(g) change the nature of governance of a development corporation—
(i) from board governed to chief executive governed by omitting the word “Board” from column 3 of Schedule 1 and inserting instead the words “Chief executive”, or
(ii) from chief executive governed to board governed by omitting the words “Chief executive” from column 3 of Schedule 1 and inserting instead the word “Board”, or
(h) amalgamate 2 or more development corporations by omitting all the matter relating to the development corporations to be amalgamated from Schedule 1 and inserting instead—
(i) in column 1 of that Schedule, the name of the amalgamated development corporation, and
(ii) in column 2 of that Schedule, a description of the growth centre in respect of which the amalgamated development corporation is constituted, and
(iii) in column 3 of that Schedule, the nature of governance of the amalgamated development corporation (either “Board” or “Chief executive”).
(2) A development corporation may be constituted in respect of a growth centre within any area (including, but not limited to, an urban area or a rural area).
(3) Schedule 1A has effect with respect to orders made under this section.
(4) An order under this section may contain provisions, not inconsistent with the provisions of or made under Schedule 1A, of a savings and transitional nature consequent on the making of the order.
(5) The Governor may only make an order under subsection (1) (b) to dissolve a development corporation on the recommendation of the Minister.
(6) (Repealed)
(7) An order under this section must specify the date (being a date that is on or after the date it is published on the NSW legislation website) on which it takes effect. However, if no date is specified in the order, the order is taken to have specified the date on which it is published on the NSW legislation website as the date on which it takes effect.
s 5: Am 1992 No 9, Sch 1 (2). Subst 2008 No 26, Sch 1 [4]. Am 2008 No 122, Sch 11.3 [1]; 2009 No 56, Sch 4.24.
Division 2 Constitution and procedure of development corporations
Division 2 Constitution and procedure of development corporations
Division 2 Constitution and procedure of development corporations
pt 2, div 2, hdg: Ins 2008 No 26, Sch 1 [4].
6 Governance of development corporation
6 Governance of development corporation
6 Governance of development corporation
(1) The affairs of a development corporation are to be managed and controlled by—
(a) if the development corporation is a chief executive governed development corporation—the chief executive of the development corporation, or
(b) if the development corporation is a board governed development corporation—the chief executive, subject to and in accordance with any directions given to the chief executive by the board of the development corporation.
(2) In the exercise of its functions, a development corporation is, except where it makes a recommendation to the Minister, subject to the control and direction of the Minister.
s 6: Am 1977 No 77, Sch 1 (1); 1979 No 136, Sch 1 (3); 1981 No 31, Sch 1 (4); 1992 No 9, Sch 1 (3); 1999 No 31, Sch 1.17 [5]; 2006 No 8, Sch 3 [4]; 2006 No 120, Sch 1.14 [1]; 2007 No 27, Sch 1.19 [2]. Subst 2008 No 26, Sch 1 [4].
6A Development corporation boards
6A Development corporation boards
6A Development corporation boards
(1) There is constituted a development corporation board for each board governed development corporation.
(2) A development corporation board is to be called the “[name of board governed development corporation] Board”.
(3) A board of a development corporation is to consist of—
(a) not less than 4 persons appointed by the Governor, and
(b) the chief executive, and
(c) the Secretary of the Department of Planning and Environment or a person nominated by the Secretary.
(4) The Governor may appoint a person to be a member of the board of a development corporation before the order made under section 5 (1) (a) relating to the development corporation takes effect, but the term of office of any such member commences on the date on which the order takes effect or a later date specified in the order.
(5) Schedule 2 has effect in relation to board governed development corporations.
s 6A: Ins 2008 No 26, Sch 1 [4]. Am 2014 No 33, Sch 3.11 [2].
6B Chief executives of development corporations
6B Chief executives of development corporations
6B Chief executives of development corporations
(1) The chief executive of a development corporation is the person employed in the Public Service as the chief executive of that development corporation.
(2) (Repealed)
(3) If the development corporation is a board governed development corporation, the chief executive may be represented at any meeting of the board by a person nominated for the time being by the chief executive. In representing the chief executive, the person nominated has and may exercise the same functions as the chief executive has at such a meeting (including voting rights), and is taken to be the chief executive.
(4) If the development corporation is a chief executive governed development corporation—
(a) except when making a recommendation to the Minister, the chief executive is, in the exercise of his or her functions, subject to the control and direction of the Minister, and
(b) any act, matter or thing done in the name of, or on behalf of, the development corporation by the chief executive of that development corporation is taken to have been done by the development corporation.
(5) (Repealed)
s 6B: Ins 2008 No 26, Sch 1 [4]. Am 2014 No 33, Sch 3.11 [3].
Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
Part 3 Responsibilities, powers, authorities, duties and functions of development corporations
pt 3, hdg: Am 1981 No 31, Sch 1 (5).
7 Responsibility etc of development corporation
7 Responsibility etc of development corporation
7 Responsibility etc of development corporation
(1) Subject to this Act, a development corporation is charged with the responsibility of promoting, co-ordinating, managing and securing the orderly and economic development of the growth centre in respect of which it is constituted.
(2) Without affecting the generality of subsection (1), a development corporation shall have and may exercise and discharge
This is an opening excerpt, not the complete document.