Growth Centres (Development Corporations) Savings and Transitional Regulation 2009
In ForceNSW
Jurisdiction
New South Wales
Act Number
68 of 2009
Collection
regulation
Plain English Summary
3/10 complexity
This regulation preserves and clarifies the legal status of two former growth centres, confirms that past contribution actions remain valid, and directs that assets, rights and liabilities of two dissolved development corporations transfer to named successor public bodies. It backdates commencement to 10 December 2008 and treats those transfers as if effected on the relevant dissolution orders. It matters to landowners, developers, creditors and counterparties because it fixes who holds rights and obligations and preserves existing planning contributions and related actions.
This Regulation (Growth Centres (Development Corporations) Savings and Transitional Regulation 2009) performs three principal mechanical functions, each by reference to existing Acts and to particular administrative orders.
Identification and temporal effect. It establishes the short title and commencement date of the Regulation (the Regulation is "taken to have commenced on 10 December 2008", s 2). It also provides a definition that fixes the meaning of "former North West Growth Centre and South West Growth Centre" by reference to the land that comprised those growth centres as they were described in Schedule 1 to the Growth Centres (Development Corporations) Act 1974 immediately before the commencement of Schedule 11.3 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 (s 3).
Transitional references and savings for planning and contributions rules. The Regulation ensures that certain statutory references to "growth centre" within the Environmental Planning and Assessment Act 1979 (the EP&A Act) include the defined "former North West Growth Centre and South West Growth Centre" (s 4). It also preserves the legal effect of actions and instruments taken under specific parts of the EP&A Act before an earlier amendment (Schedule 11.3 to the 2008 amending Act), by declaring that nothing in that amendment affects things done before its commencement under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act in respect of those former growth centres, and that it does not affect anything then in force under those Subdivisions (s 5).
Asset, rights and liabilities transfers on corporate dissolution. The Regulation prescribes the legal effect of dissolutions for two development corporations. For the Central Coast Regional Development Corporation, the Regulation provides that on and from its dissolution on 1 November 2018 the corporation's assets, rights and liabilities were transferred to the Hunter and Central Coast Development Corporation (as renamed by the relevant order), and that Schedule 1A Part 2 of the Growth Centres (Development Corporations) Act 1974 applies to that transfer as if the transfer had been effected by the commencement of the relevant order (s 6(1)(a)-(b)). For the Northern Rivers Reconstruction Corporation, the Regulation transfers that body's assets, rights and liabilities to the NSW Reconstruction Authority on dissolution, and applies Schedule 1A Part 2 of the Act to that transfer as if the transfer had been effected by commencement of the dissolution order (s 7(1)(a)-(b)). Each transfer clause also defines the relevant order and, in the Northern Rivers clause, provides the statutory source of the recipient body (s 7(2)).
Current sections
Direct links to the current provisions in Growth Centres (Development Corporations) Savings and Transitional Regulation 2009.
This Regulation is taken to have commenced on 10 December 2008.
3
Definitions
3 Definitions
3 Definitions
In this Regulation—
former North West Growth Centre and South West Growth Centre means land that comprised the North West Growth Centre and the South West Growth Centre as referred to in Schedule 1 to the Act immediately before the commencement of Schedule 11.3 [2] to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008.
Provisions relating to former North West Growth Centre and South West Growth Centre
Part 2 Provisions relating to former North West Growth Centre and South West Growth Centre
Part 2 Provisions relating to former North West Growth Centre and South West Growth Centre
pt 2, hdg: Ins 2023 (583), Sch 1[2].
4
References to former growth centres
4 References to former growth centres
4 References to former growth centres
(1) A reference in Schedule 5A to the Environmental Planning and Assessment Act 1979 to a growth centre includes a reference to the former North West Growth Centre and South West Growth Centre.
(2) A reference in section 94EE (4) of the Environmental Planning and Assessment Act 1979 to a growth centre includes a reference to the former North West Growth Centre and South West Growth Centre.
5
Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
5 Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
5 Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
(a) anything done before the commencement of that Schedule under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 in respect of the former North West Growth Centre and South West Growth Centre, or
(b) anything in force under those Subdivisions immediately before that commencement in respect of the former North West Growth Centre and South West Growth Centre.
Part 3
Provisions relating to dissolution of Central Coast Regional Development Corporation
Part 3 Provisions relating to dissolution of Central Coast Regional Development Corporation
Part 3 Provisions relating to dissolution of Central Coast Regional Development Corporation
pt 3, hdg: Ins 2023 (583), Sch 1[3].
6
Transfer of assets, rights and liabilities of dissolved development corporation
6 Transfer of assets, rights and liabilities of dissolved development corporation
6 Transfer of assets, rights and liabilities of dissolved development corporation
(1) Despite clause 3 (1) (d) of Schedule 1A to the Act, on and from the dissolution of the Central Coast Regional Development Corporation on 1 November 2018 by the relevant order—
(a) the assets, rights and liabilities of the development corporation are transferred to the Hunter and Central Coast Development Corporation, as renamed by the relevant order, and
(b) Part 2 of Schedule 1A to the Act applies to the transfer of those assets, rights and liabilities as if the transfer had been effected by the commencement of the relevant order.
Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
Part 4 Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
Part 4 Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
pt 4: Ins 2023 (583), Sch 1[4].
7
Transfer of assets, rights and liabilities of dissolved development corporation
7 Transfer of assets, rights and liabilities of dissolved development corporation
7 Transfer of assets, rights and liabilities of dissolved development corporation
(1) Despite the Act, Schedule 1A, clause 3(1)(d), on and from the dissolution of the Northern Rivers Reconstruction Corporation by the dissolution order—
(a) the assets, rights and liabilities of the Northern Rivers Reconstruction Corporation are transferred to the NSW Reconstruction Authority, and
(b) the Act, Schedule 1A, Part 2 applies to the transfer of those assets, rights and liabilities as if the transfer had been effected by the commencement of the dissolution order.
This Regulation is the Growth Centres (Development Corporations) Savings and Transitional Regulation 2009.
2 Commencement
2 Commencement
2 Commencement
This Regulation is taken to have commenced on 10 December 2008.
3 Definitions
3 Definitions
3 Definitions
In this Regulation—
former North West Growth Centre and South West Growth Centre means land that comprised the North West Growth Centre and the South West Growth Centre as referred to in Schedule 1 to the Act immediately before the commencement of Schedule 11.3 [2] to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008.
the Act means the Growth Centres (Development Corporations) Act 1974.
Part 2 Provisions relating to former North West Growth Centre and South West Growth Centre
Part 2 Provisions relating to former North West Growth Centre and South West Growth Centre
Part 2 Provisions relating to former North West Growth Centre and South West Growth Centre
pt 2, hdg: Ins 2023 (583), Sch 1[2].
4 References to former growth centres
4 References to former growth centres
4 References to former growth centres
(1) A reference in Schedule 5A to the Environmental Planning and Assessment Act 1979 to a growth centre includes a reference to the former North West Growth Centre and South West Growth Centre.
(2) A reference in section 94EE (4) of the Environmental Planning and Assessment Act 1979 to a growth centre includes a reference to the former North West Growth Centre and South West Growth Centre.
5 Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
5 Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
Mechanically, the Regulation does not create new offences, fees, or regulatory regimes. It operates as a transitional and savings regulation: it clarifies what earlier statutory references mean, confirms the continuing effect of prior administrative acts under the EP&A Act for the specified lands, and prescribes the legal treatment of asset and liability transfers following the specified dissolutions, including the retrospective application "as if" the transfer had been effected by the commencement of the relevant orders (ss 4-7).
Main concepts
The Regulation uses a small set of legal mechanisms to manage continuity when institutions or statutory references change. Those mechanisms and the components they manipulate are:
Definitions as temporal fixings. Section 3 defines "former North West Growth Centre and South West Growth Centre" by reference to the particular configuration of land as it existed immediately before a named amendment commenced. That is a common technique to preserve references to geographic designations once primary legislation has been altered. The definition is explicitly anchored to the state of Schedule 1 to the Growth Centres Act immediately before commencement of Schedule 11.3 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 (s 3). The Act referenced in the definition is explicitly the Growth Centres (Development Corporations) Act 1974 (s 3).
Inclusionary reference modification. Section 4 modifies how existing statutory references in another Act operate. It states that a reference in Schedule 5A to the EP&A Act to a "growth centre" includes the defined "former North West Growth Centre and South West Growth Centre". It makes the same inclusion for the reference in section 94EE(4) of the EP&A Act. This is an interpretive device: where later instruments or statutory text speak of a growth centre, the scope of that phrase for the cited provisions is extended to include the defined former centres (s 4(1)-(2)).
Savings for prior administrative acts. Section 5 preserves the legal effect of administrative and statutory actions taken under specified Subdivisions of the EP&A Act (Subdivision 4 or Subdivision 5 of Division 6 of Part 4) in respect of those former growth centres, so that the 2008 amendment (Schedule 11.3) does not invalidate or disturb prior acts or anything then in force (s 5(a)-(b)). This is a classic savings clause to avoid retroactive unsettlement of pre-existing arrangements such as levies, development contributions, agreements, or approvals made under the now-amended provisions.
Statutory transfer on dissolution with deemed commencement effect. Sections 6 and 7 provide that, despite a provision of Schedule 1A to the Growth Centres Act (clause 3(1)(d)), the assets, rights and liabilities of a dissolved development corporation are transferred to a named successor body on and from the dissolution, and that Part 2 of Schedule 1A applies to that transfer as if the transfer had been effected by the commencement of the relevant order (s 6(1)(a)-(b); s 7(1)(a)-(b)). Two features are important: firstly, the Regulation operates notwithstanding the Act's Schedule 1A clause (an express override in the Regulation's text); secondly, the transfer is to be treated as if effected by the commencement of an order, which has legal consequences for timing and operative ownership and liability.
Cross-references to administrative orders and other statutes. Both transfer clauses identify a specific "relevant order" by name and link: the 2018 order that renamed the recipient corporation for the Central Coast transfer (s 6(2)), and the 2023 dissolution order for the Northern Rivers transfer (s 7(2)). The Northern Rivers clause also names the NSW Reconstruction Authority and cites its establishing Act and section (NSW Reconstruction Authority Act 2022, s 7) (s 7(2)).
These concepts control three kinds of legal continuity risks: interpretive gaps when statutory labels change; accidental undoing of prior burdens or instruments by later amendments; and gaps in title, liability and administrative responsibility after corporate dissolution. The Regulation operates by targeted inclusions, savings, and deemed-transfer rules rather than by creating new substantive regulatory duties.
Who it affects
The Regulation affects several discrete classes of actors; the text itself identifies the categories and the legal pathways by which they are affected.
Developers, landowners and parties with obligations, rights or interests in the former North West Growth Centre and former South West Growth Centre. By redefining, for the purposes of specific EP&A Act provisions, what "growth centre" includes (s 4), the Regulation alters which statutory frameworks apply to these lands. The savings clause (s 5) preserves any actions taken or instruments in force under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act immediately before the commencement of Schedule 11.3 to the 2008 amending Act, so developers and other parties with pre-existing approvals, agreements, contributions or levies under those Subdivisions remain bound or protected according to the state of the law just before that amendment (s 5).
State entities that receive assets, rights and liabilities due to dissolution. The Hunter and Central Coast Development Corporation (as renamed by the 2018 relevant order) is the recipient of the Central Coast Regional Development Corporation's assets, rights and liabilities on its dissolution (s 6(1)(a)). The NSW Reconstruction Authority is the recipient of the Northern Rivers Reconstruction Corporation's assets, rights and liabilities on its dissolution (s 7(1)(a)-(2)). These recipients therefore become the legal owners of assets and the bearers of previously held liabilities from the dissolved entities.
Creditors, contracting parties and statutory beneficiaries of the dissolved development corporations. Because the Regulation transfers assets, rights and liabilities and causes Schedule 1A Part 2 of the Growth Centres Act to apply as if the transfer had been effected by the commencement of the relevant order (ss 6(1)(b), 7(1)(b)), creditors and contract counter‑parties will have their remedies and relationships redirected to the successor body identified by the relevant order. Parties to contracts with the dissolved corporations must expect the successor to step into the relevant positions unless other legal steps are taken.
Administrators and registries responsible for titles and records. The deemed transfer and the inclusionary references will require administrative action by land, planning and corporate registries, and possibly by local councils and State agencies, to reflect the new legal relationships for land and obligations. Although the Regulation itself does not instruct those registries, its legal effects create a need for record updates.
Practitioners and advisers. Lawyers, accountants, planning consultants, and compliance officers dealing with growth-centre-related instruments must treat statutory references in Schedule 5A and section 94EE(4) of the EP&A Act as including the defined "former" centres (s 4), and must treat pre-existing actions under the cited Subdivisions as preserved (s 5). They must also realise that the identified dissolutions resulted in transfers of assets and liabilities to the named recipients and that the transfers are treated as having occurred at the commencement of the relevant orders (ss 6-7).
The legislature and the agencies issuing the "relevant orders". The Regulation ties legal effects to named subordinate instruments (the 2018 and 2023 orders). Those orders determine the dates and concrete operative acts (s 6(2); s 7(2)). The effect is that administrative decision-makers who make or relied on those orders have their acts treated as effecting transfers in law through the Regulation.
Who does not appear to be directly affected by this Regulation are private persons or businesses that do not have dealings with the defined former growth centres, the dissolved corporations, the recipient bodies, or the cited provisions of the EP&A Act. The Regulation does not create new ongoing compliance obligations for the general public, nor does it create regulatory charges, penalties or licensing schemes in the text provided.
Key duties and rights
The Regulation does not create new freestanding duties in the sense of ongoing obligations to perform specified acts; rather it reallocates rights and liabilities and preserves existing legal states. The principal legal consequences that carry duties and rights are as follows.
Inclusionary interpretation creates rights and obligations under the EP&A Act provisions cited. By declaring that a reference in Schedule 5A to the EP&A Act to a growth centre includes the defined former North West and South West Growth Centres (s 4(1)), and that the same inclusion applies to the reference in section 94EE(4) of the EP&A Act (s 4(2)), the Regulation imports existing duties and rights from those EP&A Act provisions to persons and lands that fall within the definition of "former". Practically, this means that duties or entitlements that are triggered by a statutory reference to a "growth centre" in those specific statutory locations flow to parties dealing with the former centres in the same way as if the label "growth centre" had not changed.
Savings preserve previously imposed duties and vested rights under the EP&A Act Subdivisions. Section 5 operates as a non-derogation clause: nothing in Schedule 11.3 to the 2008 amending Act affects anything done before its commencement under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act in respect of the former centres; nor does it affect anything in force immediately before that commencement under those Subdivisions in respect of those centres (s 5(a)-(b)). The practical effect is that obligations already imposed (for example, contributions or conditions attached to development approvals under Subdivision 4 or 5) remain extant and enforceable against the parties subject to them, and any rights already vested remain preserved.
Transfer of assets, rights and liabilities creates successor duties and successor rights. Sections 6 and 7 transfer legal positions. For the Central Coast dissolution, s 6(1)(a) transfers assets, rights and liabilities to the Hunter and Central Coast Development Corporation on and from dissolution; for Northern Rivers, s 7(1)(a) transfers the equivalent to the NSW Reconstruction Authority. Once transferred, the recipient bodies acquire the rights of the dissolved corporations and become responsible for liabilities. Those are not new duties created by the Regulation; they are existing duties and liabilities that are moved to a new legal subject. The Regulation further instructs that Schedule 1A Part 2 of the Growth Centres Act applies to the transfer "as if the transfer had been effected by the commencement of the relevant order" (s 6(1)(b); s 7(1)(b)). This grants the recipient bodies the procedural and substantive legal status accorded by Part 2 for transfers effected by the orders.
Deemed commencement timing affects operational rights and obligations. The "as if" wording in ss 6(1)(b) and 7(1)(b) means that the legal incidence of rights and liabilities can be back-dated to the commencement of the relevant order for legal purposes. This can affect when rights to recover debts, to hold title, or to enforce contractual obligations arise against third parties.
No penalties or enforcement mechanisms in the Regulation itself. The Regulation does not set out enforcement mechanisms, monetary penalties or criminal offences. Consequently, the relevant duties and rights continue to be enforced under the primary Acts and other applicable laws, not by new sanctioning provisions in this Regulation. Where enforcement is necessary, parties must rely on remedies and sanctions available under the substantive statutory provisions that created the underlying duties or rights (for example, the EP&A Act or the Growth Centres Act), or under general law.
Procedural rights linked to the "relevant order". The Regulation references specific orders as the operative sources for dissolution and renaming (s 6(2); s 7(2)). Rights that hinge on the precise timing or form of those orders may depend on the terms of the orders themselves. The Regulation treats the orders as effecting the transfer for statutory purposes, thereby conferring upon the recipient bodies the rights and obligations that those orders purported to create.
In sum, the Regulation shifts who holds duties and who may exercise rights by redefining labels (for particular statutory provisions), preserving prior acts, and transferring legal positions on dissolution. It does not itself impose new ongoing compliance duties distinct from those already present in the primary legislation.
Penalties and enforcement
This Regulation contains no express offence provisions, fines, penalty schedules, or new enforcement powers. The text supplied does not create a new enforcement architecture. The practical enforcement landscape arising from this Regulation should be read as follows.
Enforcement remains with the primary statutes and existing legal remedies. Because the Regulation's operative clauses are interpretive, savings and transfer mechanics (ss 3-7), any enforcement of preserved obligations, transferred liabilities or EP&A Act provisions will be pursued under the statutory or common-law remedies that apply to the underlying obligation or right. For example, if a development contribution imposed under the EP&A Act Subdivision remains in force by virtue of s 5, enforcement of payment or recovery will be under the mechanisms available in the EP&A Act (as it applies to those Subdivisions) or through common-law debt recovery processes. The Regulation does not create separate penalty rights.
No direct regulatory sanctions within the Regulation. There is no clause that authorises inspections, issues infringement notices, or prescribes administrative penalties. Absent such clauses, regulatory enforcement must be sought under other legislative provisions that actually create offences or sanctions.
Transfer of liabilities has enforcement consequences but not new methods. The transfer clauses (ss 6-7) move liabilities from a dissolved corporation to the named recipient. That reallocation changes who is the proper defendant in enforcement proceedings, and who holds statutory powers and remedies attached to the assets and rights transferred. The Regulation instructs the legal framework to treat those transfers as having been effected by the commencement of the relevant order, which affects the temporal point at which enforcement rights may be exercised against the new entity.
No express role for prosecutorial discretion or delegated enforcement. The Regulation does not specify a government decision-maker's discretion to apply or enforce these provisions; its effect is legal re-labelling and reallocation rather than conferral of new discretionary powers.
Administrative consequences for registries and creditors. Although not enforcement in the criminal or regulatory sense, the transferred rights and the inclusionary interpretation may trigger administrative steps by land title offices, planning authorities and creditors. Those bodies will enforce or give effect to their statutory roles according to the primary legislation and their administrative rules.
Practitioners should not expect to find sanctioning tools within this Regulation itself. Where compliance failures or disputes arise about preserved obligations or transferred liabilities, the remedies and enforcement mechanisms in the underlying Acts and common law will be the operative avenues.
How it interacts with other laws
This Regulation operates as a targeted, cross‑statutory instrument: it modifies how particular provisions of other Acts operate for limited purposes, saves prior actions under particular parts of another Act, and ties transfers of assets and liabilities to the operation of subordinate orders. The main interactions are explicit in the text and are summarised here with references to the relevant clauses.
Growth Centres (Development Corporations) Act 1974 (the Act). The Regulation repeatedly refers to the Act. The definition in s 3 identifies "the Act" to be that statute. Sections 6 and 7 operate "despite clause 3(1)(d) of Schedule 1A to the Act" in the case of the Central Coast dissolution (s 6(1)) and "despite the Act, Schedule 1A, clause 3(1)(d)" for the Northern Rivers dissolution (s 7(1)). In both transfer clauses the Regulation instructs that Part 2 of Schedule 1A to the Act applies to the transfer of assets, rights and liabilities "as if the transfer had been effected by the commencement of the relevant order" (s 6(1)(b); s 7(1)(b)). This creates a direct interface with Schedule 1A of the Act and with the way that Schedule treats transfers on dissolution.
Environmental Planning and Assessment Act 1979 (EP&A Act). Section 4 alters how statutory references within the EP&A Act are to be read: it expands the meaning of "growth centre" in Schedule 5A and in s 94EE(4) of the EP&A Act to include the defined "former North West Growth Centre and South West Growth Centre" (s 4(1)-(2)). Section 5 is explicitly protective of actions done under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act: it states that Schedule 11.3 to the 2008 amending Act does not affect things done under those Subdivisions before its commencement, or things in force under them immediately before that commencement, in respect of the former centres (s 5(a)-(b)). Therefore the Regulation operates in a way designed to preserve planning instruments, contributions and other mechanisms that were already in force in respect of those lands.
State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 (Schedule 11.3). The definition in s 3 is specifically tied to the state of the Growth Centres Act immediately before the commencement of Schedule 11.3 of that amending Act. Section 5 protects things from being disturbed by that Schedule. Therefore the Regulation is explicitly responsive to the effects of that 2008 amendment and is designed to produce transitional continuity.
Subordinate instruments (relevant orders). The transfer clauses tie legal effect to specific subordinate instruments. Section 6(2) identifies the "Growth Centres (Development Corporations) Amendment (Hunter and Central Coast Development Corporation) Order 2018" as the relevant order for the Central Coast dissolution. Section 7(2) identifies the "Growth Centres (Development Corporations) Amendment (Dissolution of Northern Rivers Reconstruction Corporation) Order 2023" as the relevant order for the Northern Rivers dissolution and links the recipient to the NSW Reconstruction Authority under its establishing Act (NSW Reconstruction Authority Act 2022, s 7). The Regulation therefore co-ordinates with the content and commencement of those orders and gives them the statutory consequences intended.
Other statutory or common-law obligations. The Regulation does not displace other statutory duties or common-law rights; it reallocates them where necessary. For example, creditors and contracting parties will have their contractual remedies exercised against successor bodies in place of the dissolved corporations, but the legal basis for enforcement of those obligations remains the contract or the underlying statutory regime.
No implied amendment of other provisions beyond named clauses. The Regulation is precise; it operates "despite" a particular clause in Schedule 1A to the Act, it includes the former centres "for the purposes of" specified parts of the EP&A Act, and it saves prior acts under named Subdivisions. It does not purport to rewrite other statutes beyond the express inclusions and savings set out in ss 3-7.
In practical terms this means that statutory frameworks for planning contributions, development approvals and corporate dissolution are to be read by reference to the Regulation where those specific objects and locations are concerned. Where ambiguity exists about the precise operation of Schedule 1A Part 2 on a given transfer, the Regulation directs that Part 2 apply "as if" the orders had effected the transfer; this is a textual mechanism to align the administrative and legal timings across the various instruments.
Amendment history
The Regulation text contains internal amendment notes that identify when specific parts were inserted. The relevant entries in the supplied text are:
Name and original. The instrument is identified as the Growth Centres (Development Corporations) Savings and Transitional Regulation 2009 (s 1 heading), which indicates the origin of the Regulation as a 2009 instrument. Section 2 declares the Regulation is taken to have commenced on 10 December 2008 (s 2).
Insertions in 2018. Clause 6, the transfer provision concerning the Central Coast Regional Development Corporation, carries a marginal note "cl 6: Ins 2018 (582), cl 3." That indicates clause 6 was inserted in 2018 by instrument 582, clause 3. The text of s 6 also states that the transfer occurs "on and from the dissolution of the Central Coast Regional Development Corporation on 1 November 2018 by the relevant order" (s 6(1)), which ties the inserted clause to a specific dissolution date and order.
Insertions in 2023. Several parts of the Regulation show insertion in 2023. The Part 1 and Part 2 headings include a marginal note "Ins 2023 (583), Sch 1[1]" and "Ins 2023 (583), Sch 1[2]" respectively. Part 3 heading includes "Ins 2023 (583), Sch 1[3]". Part 4 and its clauses include "Ins 2023 (583), Sch 1[4]". Clause 7 itself is marked "cl 7: Ins 2023 (583), Sch 1[4]." These notes indicate that the relevant parts or clauses were inserted by a 2023 instrument (number 583), Schedule 1 items indicated. Section 7 references the dissolution order named "Growth Centres (Development Corporations) Amendment (Dissolution of Northern Rivers Reconstruction Corporation) Order 2023" (s 7(2)).
Relationship with the 2008 amending Act. Section 3’s definition and section 5’s savings clause explicitly reference Schedule 11.3 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008. Section 3 fixes the meaning of the "former" growth centres as they stood immediately before the commencement of that Schedule; section 5 then declares that nothing in that Schedule affects prior acts done under specific Subdivisions of the EP&A Act in respect of those “former” growth centres (ss 3-5).
This is the full amendment and linkage history provided in the Regulation text supplied. The marginal insertion notes identify the years and instrument numbers where insertions occurred (2018 and 2023), and the text cross-references the 2008 amending Act for the purpose of defining the "former" growth centres and preserving prior actions under the EP&A Act. The Regulation does not include a schedule of amendments beyond those marginal notes and the embedded cross-references.
Litigation history
The legislation text supplied contains no references to judicial decisions, case law, or litigation history. There are no named cases, no recorded judicial interpretations, and no annotations indicating disputes about the Regulation's provisions. The Regulation is a short transitional and savings measure; the text as provided does not report any appeals, declarations, or judicial constructions.
Practically, that means:
There are no cases cited within the text to guide interpretation of its clauses, including the "as if" phrasing in ss 6(1)(b) and 7(1)(b), the "despite" override language in the transfer clauses, or the scope of the savings clause in s 5.
Where legal uncertainty exists about the effect of these clauses (for example, the precise legal effect of treating a transfer "as if" it had been effected by commencement of a relevant order), practitioners must rely on the statutory text and on principles of statutory interpretation rather than on precedents cited by the Regulation itself. The Regulation does not provide judicial gloss.
Any litigation that tests the operation of the provisions (for example, disputes about whether a particular liability did transfer or the timing of enforcement rights against successor bodies) is not captured in the supplied text. If litigation exists, it is not referenced here.
Given the absence of litigation history in the text, parties seeking to litigate or challenge aspects of these provisions will need to bring their arguments based on the statutory wording and relevant primary Acts (Growth Centres Act, EP&A Act, NSW Reconstruction Authority Act and the relevant orders), and should expect that case law may develop interpreting the "as if" and "despite" formulations if ambiguities lead to disputes.
Gotchas
The Regulation is brief, but it contains several practical pitfalls and interpretive traps that advisers and affected parties should note. These “gotchas” arise from the specific drafting devices used: definitional anchoring to a prior statutory state, inclusionary cross-references, savings for prior acts, and deemed-transfer language tied to particular orders. The following are concrete operational issues grounded in the Regulation text.
"Former" is a frozen historical concept. The definition of "former North West Growth Centre and South West Growth Centre" is not a geographic expansion or a forward-looking label; it is the land that comprised those growth centres as referred to in Schedule 1 to the Growth Centres Act immediately before the commencement of Schedule 11.3 to the 2008 amending Act (s 3). That means the label is tied to a moment in time. Advisers should not assume ongoing administrative definitions match this frozen reference; check the historical Schedule 1 as it stood immediately before Schedule 11.3 commenced to determine precisely which parcels are included.
Inclusion in EP&A Act provisions is limited to specified parts. Section 4 does not say that "growth centre" everywhere in the EP&A Act includes the former centres; it limits the inclusion to a reference in Schedule 5A to the EP&A Act and to section 94EE(4) of the EP&A Act (s 4(1)-(2)). Practitioners must avoid overgeneralising and should identify whether the particular EP&A provision they are relying on is one of those two. If it is not, the Regulation's inclusion may not apply.
Savings clause protects only particular pre-amendment acts. Section 5 saves "anything done before the commencement of that Schedule under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act in respect of the former" centres, and "anything in force under those Subdivisions immediately before that commencement in respect of the former" centres (s 5(a)-(b)). The savings protect past acts and things in force, but they do not extend to other Subdivisions, later acts, or other parts of the EP&A Act. Be careful to identify whether a particular instrument or obligation was made under one of those two Subdivisions and whether it was in force or had been done before the relevant commencement date.
"Despite" language may mask limited override. The transfer clauses state they operate "despite" clause 3(1)(d) of Schedule 1A to the Growth Centres Act (s 6(1); s 7(1)). This indicates an override of a specific clause of Schedule 1A. However the Regulation does not attempt to rewrite all of Schedule 1A, and it confines the override to the specified transfers. Parties should inspect Schedule 1A clause 3(1)(d) itself to understand what is being displaced and whether any residual effects of Schedule 1A remain relevant.
Deemed transfer "as if" wording can shift timing of rights and liabilities. Sections 6(1)(b) and 7(1)(b) require that Part 2 of Schedule 1A apply to the transfers "as if the transfer had been effected by the commencement of the relevant order." That deemed timing can have two distinct implications: it may determine who holds title for the period after the commencement of the order; and it may affect when liabilities become payable to creditors or when rights to enforce begin. For example, creditors who acted between the actual dissolution and the date the Regulation is applied could find their enforcement rights altered by the deemed timing.
Reliance on subordinate "relevant orders". The transfer clauses are operative "on and from the dissolution ... by the relevant order" and define "relevant order" by name (s 6(1); s 6(2); s 7(1); s 7(2)). That makes the detailed content and commencement timing of those orders material. Practitioners must obtain and read the named orders to understand precise commencement dates and any conditions the orders contain; the Regulation relies on those orders to define the operative event.
No fresh penalties or enforcement in the Regulation. Because the Regulation contains no penalty or enforcement provisions, parties may expect disputes to be litigated or pursued under the primary legislation. Where enforcement timing or standing depends on the Regulation’s reallocation of rights and liabilities, litigants must map remedies back to the primary Acts.
Administrative updating is required but not directed. The Regulation imposes legal transfers and reading rules but does not itself direct land registries, planning authorities or agencies to update their records. That creates an operational gap: asset registers, title records and planning instruments may need manual amendment or administrative processes to reflect the transfers and the inclusionary interpretation.
Narrow scope of saved actions could create uncertainty for related instruments. The savings in s 5 protect things done under two specific Subdivisions. If a development arrangement, plan or contribution was characterised differently (for example, under a different Part of the EP&A Act), that instrument may not benefit from the savings, creating disputes about its survivability post-amendment.
Recipient agency identities and statutory capacities matter. The Northern Rivers transfer goes to the NSW Reconstruction Authority, which the Regulation identifies and links to its establishing Act (s 7(2)). Parties should check the statutory functions and powers of the recipient bodies named in ss 6 and 7 to determine whether they can lawfully hold or discharge the transferred liabilities and rights, particularly where those may involve financial or planning enforcement powers.
These are not speculative hazards; they flow directly from the Regulation’s drafting choices. The remedy in most cases is documentary and legal housekeeping: obtain the named orders and the pre-amendment statutory text, identify which Subdivisions applied to the instrument in question, and confirm how the recipient body intends to administer the transferred rights and liabilities.
How to comply
The Regulation does not create affirmative duties to be complied with in the way a licensing regime does, but affected parties must take practical steps to protect and enforce their interests. The following compliance checklist is grounded in the Regulation’s text and the legal effects it creates.
For landowners, developers and parties with pre-existing EP&A Act instruments:
Identify whether your land falls within the defined "former North West Growth Centre and South West Growth Centre" by reference to Schedule 1 to the Growth Centres Act as it stood immediately before the commencement of Schedule 11.3 to the 2008 amending Act (s 3). If necessary, obtain a copy of that Schedule and map titles against it.
Determine whether any rights, duties or contributions affecting you were made under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the EP&A Act and whether they were done or in force before commencement of Schedule 11.3 to the 2008 amending Act. Section 5 confirms such acts are preserved (s 5(a)-(b)); confirm the terms, timing and any outstanding compliance requirements under those instruments.
Where a statutory reference to a "growth centre" is material to your obligations or entitlements, check whether the relevant statutory provision is Schedule 5A or section 94EE(4) of the EP&A Act, since s 4 extends the meaning of "growth centre" to include the defined "former" centres only in those locations (s 4(1)-(2)). For any other EP&A provision, do not assume the inclusion applies.
If you are a party to a contribution, approval condition, or agreement that may have been made under the saved Subdivisions, preserve documentary proof of when and under what statutory power the instrument was made; the savings in s 5 are limited to actions done before the commencement and to things in force immediately before that moment.
For successor agencies and those administering transferred assets and liabilities (Hunter and Central Coast Development Corporation; NSW Reconstruction Authority):
Obtain and record the "relevant order" identified in the Regulation: for the Central Coast transfer, the Growth Centres (Development Corporations) Amendment (Hunter and Central Coast Development Corporation) Order 2018; for the Northern Rivers transfer, the Growth Centres (Development Corporations) Amendment (Dissolution of Northern Rivers Reconstruction Corporation) Order 2023 (s 6(2); s 7(2)). Confirm the commencement dates and any specific conditions in those orders.
Update asset registers, title holdings, and financial statements to reflect the transfer of assets, rights and liabilities on and from the dissolution and to account for the Regulation’s instruction that Schedule 1A Part 2 applies as if the transfer had been effected by the commencement of the relevant order (s 6(1)(b); s 7(1)(b)). That affects timing for revenue recognition and liability provisioning.
Notify creditors, contracting parties and counterparties of the change in legal status and the successor entity’s contact and payment details. Because liabilities are transferred, creditors need to know where to present claims and enforce rights.
Review all transferred contracts for assignment clauses, change-of-control provisions, material adverse event clauses and notice requirements to ensure contractual novation or notice requirements are complied with where necessary. The Regulation effects statutory transfer, but contracts may require notification or consent for some administrative purposes.
Check statutory powers and functions of the recipient body (for Northern Rivers, the NSW Reconstruction Authority under its Act, s 7) to ensure the recipient can lawfully discharge the obligations now transferred to it (s 7(2)). If specialised enforcement powers are required to collect contributions or enforce planning obligations, confirm the recipient has those powers or arrange transitional arrangements.
For registries, councils and planning authorities:
Update planning instruments and registers where Schedule 5A or section 94EE(4) references to "growth centre" are interpreted to include the defined "former" centres as per s 4. Ensure internal guidance aligns with that reading to avoid inconsistent application.
Maintain a record of actions preserved by s 5 and ensure that enforcement or collection processes for those preserved obligations continue under the existing EP&A Act mechanisms.
Where practical, publish guidance or a notice clarifying which lands are captured by the frozen definition in s 3 to reduce queries and misapplied treatments.
For legal, accounting and compliance advisers:
Map client instruments to the specific legal hooks in the Regulation: the definition in s 3, the inclusion in s 4, the savings in s 5, and the transfer mechanics in ss 6-7. Do not generalise the Regulation’s effects beyond what the text expressly covers.
If disputes arise about the timing of transfers or the right to enforce obligations, prepare to rely on the "as if" language in ss 6(1)(b) and 7(1)(b) and to refer to the commencement dates of the named orders. Preserve documentary records evidencing actions taken by your client before those dates.
Advise clients that while the Regulation reallocates rights and liabilities, it does not create new penalty or enforcement mechanisms; remedies will be found in the underlying statutes or common law.
Where tax, accounting or reporting consequences might arise from the transfers, coordinate with financial advisers to ensure appropriate recognition, given the Regulation's deemed-timing direction.
In all cases, the immediate documentary actions,obtain the relevant orders, obtain the pre-amendment Schedule 1, review Subdivision 4 and 5 instruments, and update records,are the most concrete compliance steps logically flowing from the Regulation's provisions.
5 Amendments do not affect previous actions relating to contributions relating to North West Growth Centre and South West Growth Centre
Nothing in Schedule 11.3 [2] to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 affects—
(a) anything done before the commencement of that Schedule under Subdivision 4 or Subdivision 5 of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 in respect of the former North West Growth Centre and South West Growth Centre, or
(b) anything in force under those Subdivisions immediately before that commencement in respect of the former North West Growth Centre and South West Growth Centre.
Part 3 Provisions relating to dissolution of Central Coast Regional Development Corporation
Part 3 Provisions relating to dissolution of Central Coast Regional Development Corporation
Part 3 Provisions relating to dissolution of Central Coast Regional Development Corporation
pt 3, hdg: Ins 2023 (583), Sch 1[3].
6 Transfer of assets, rights and liabilities of dissolved development corporation
6 Transfer of assets, rights and liabilities of dissolved development corporation
6 Transfer of assets, rights and liabilities of dissolved development corporation
(1) Despite clause 3 (1) (d) of Schedule 1A to the Act, on and from the dissolution of the Central Coast Regional Development Corporation on 1 November 2018 by the relevant order—
(a) the assets, rights and liabilities of the development corporation are transferred to the Hunter and Central Coast Development Corporation, as renamed by the relevant order, and
(b) Part 2 of Schedule 1A to the Act applies to the transfer of those assets, rights and liabilities as if the transfer had been effected by the commencement of the relevant order.
(2) In this clause—
relevant order means the Growth Centres (Development Corporations) Amendment (Hunter and Central Coast Development Corporation) Order 2018.
cl 6: Ins 2018 (582), cl 3.
Part 4 Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
Part 4 Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
Part 4 Provisions relating to dissolution of Northern Rivers Reconstruction Corporation
pt 4: Ins 2023 (583), Sch 1[4].
7 Transfer of assets, rights and liabilities of dissolved development corporation
7 Transfer of assets, rights and liabilities of dissolved development corporation
7 Transfer of assets, rights and liabilities of dissolved development corporation
(1) Despite the Act, Schedule 1A, clause 3(1)(d), on and from the dissolution of the Northern Rivers Reconstruction Corporation by the dissolution order—
(a) the assets, rights and liabilities of the Northern Rivers Reconstruction Corporation are transferred to the NSW Reconstruction Authority, and
(b) the Act, Schedule 1A, Part 2 applies to the transfer of those assets, rights and liabilities as if the transfer had been effected by the commencement of the dissolution order.
(2) In this clause—
dissolution order means the Growth Centres (Development Corporations) Amendment (Dissolution of Northern Rivers Reconstruction Corporation) Order 2023.
NSW Reconstruction Authority means the NSW Reconstruction Authority established under the NSW Reconstruction Authority Act 2022, section 7.