400BDefinitions

#### 400B Definitions 400B Definitions > > (1) For the purposes of this Act, a public-private partnership means an arrangement— > > > > > (a) between a council and a private person to provide public infrastructure or facilities (being infrastructure or facilities in respect of which the council has an interest, liability or responsibility under the arrangement), and > > > > > (b) in which the public infrastructure or facilities are provided in part or in whole through private sector financing, ownership or control, > > > > but does not include any such arrangement if it is of a class that has been excluded from the operation of this Part by the regulations. > > > (1A) For the purposes of subsection (1), the provision of public infrastructure or facilities includes the delivery of services during the carrying out of any project under the public-private partnership. > > > (2) In this Part— > > > > arrangement includes a contract or understanding (whether or not involving the formation of an entity). > > > > entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated). > > > > PPP guidelines means the guidelines in force from time to time under section 400C. > > > > private person means any person other than— > > > > > (a) the Government (including the State, the Crown and a Minister of the Crown), or > > > > > (b) a public or local authority (including a council or a State owned corporation), or > > > > > (c) a public sector employee or other person or body acting in an official capacity on behalf of the Government or a public or local authority. > > > > relevant council, in relation to public-private partnership or proposed public-private partnership, means the council that has entered into, or is proposing to enter into, the partnership. > > > > significant project means— > > > > > (a) any project with an estimated total cost of more than $50 million or such other amount as may be prescribed by the regulations, or > > > > > (b) any project in respect of which the relevant council’s financial contribution, or its equity position, amounts to 25% or more of the council’s annual revenue that is lawfully available for spending on facilities or services of the kind to which the project relates. > > > (3) In determining a relevant council’s financial contribution or equity position in relation to a project for the purposes of this Part, all elements of the project that the council provides are to be taken into account, including land value, the provision of non-monetary goods and services and any costs associated with the council’s contractual liability in the event of the council incurring a loss under the project. > > > (4) For the purposes of this Part, a project under a public-private partnership that is carried out in stages is to be treated as a single project. The PPP guidelines may also specify other circumstances in which related projects carried out under a public-private partnership are to be treated as a single project for the purposes of this Part. > > **s 400B:** Ins 2004 No 113, Sch 1 \[5\] (am 2005 No 59, Sch 2.2 \[3\]–\[5\]). Am 2007 No 72, Sch 1 \[4\].