32Authorisation to take over projects

32 Authorisation to take over projects

32 Authorisation to take over projects

(1) A project authorisation order may, in the case of a major infrastructure project that is carried out by (or that involves) another government agency, declare Infrastructure NSW to be responsible for the government agency’s functions in relation to the carrying out of the project.

(2) The following provisions have effect on the making of a project authorisation order as referred to in this section—

(a) Infrastructure NSW has and may exercise all of the functions of the government agency in relation to the project,

(b) the government agency may not exercise any functions in relation to the project except with the consent of Infrastructure NSW,

(c) Infrastructure NSW may, with the concurrence of the Minister and after consulting with the government agency, give directions to the government agency in relation to the project,

(d) the government agency must comply with any such directions given to it by Infrastructure NSW.

This subsection does not limit the terms and conditions of a project authorisation order that the Minister may determine under this Part.

(3) A project authorisation order may relate to the exercise of the functions of a number of government agencies.

(4) Before making a project authorisation order that declares Infrastructure NSW to be responsible for a major infrastructure project that is carried out by (or that involves) a SOC, the Minister is to consult with the following—

(a) the portfolio Minister of the SOC,

(b) the voting shareholders of the SOC,

(c) the chairperson of the board of directors of the SOC.

(5) Failure to comply with subsection (4) does not affect the validity of the order.