What it does
This Act (the Lake Macquarie Smelter Site (Perpetual Care of Land) Act 2019, as enacted in the text supplied) transfers legal ownership and long‑term management responsibility for the former Lake Macquarie smelter site to the Hunter and Central Coast Development Corporation (the Development Corporation) on a day appointed by proclamation (the vesting day), subject to a small class of preserved interests (s 5). It treats that vesting as a compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (the Land Acquisition Act), but modifies the operation of that Act for this acquisition (s 6). The Act gives the owner (initially the Development Corporation) defined, ongoing functions for the containment cell site (s 7) and for contaminated land elsewhere on the former smelter site (s 8), requires specified management plans to be approved and implemented (ss 7(2)-(5), 8(2)-(6)), and sets out development facilitation powers for non‑contaminated parts of the site (s 9). It establishes a Containment Cell Perpetual Care Fund in the Special Deposits Account for financing management, compensation and administrative costs (s 10), including rules on receipts and payments into and out of the Fund and investment arrangements (s 10). The Act authorises the Governor to transfer particular parcels of the former smelter site into specified government agencies by order (Schedule 1 cl 3) and contains savings, transitional and transfer rules for licences and contaminated land management orders (Schedule 2, cll 2-3). Sections 5, 6 and 10 are declared to be Corporations Act displacement provisions (s 11). The Planning Secretary and the Environment Protection Authority (EPA) have approval and direction roles for the containment cell management plan (s 7); the Planning Secretary has approval and direction powers for management plans for other contaminated land (s 8). Delegation and arrangement mechanisms permit government agencies and employees to exercise owner functions under specified conditions (ss 12-13). The Act commences on proclamation (s 2).