NSWIn ForceAct
Local Government Act 1993
400FCouncil to provide assessment of PPP project to Departmental Chief Executive
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#### 400F Council to provide assessment of PPP project to Departmental Chief Executive
400F Council to provide assessment of PPP project to Departmental Chief Executive
> > (1) A council must not enter into a public-private partnership unless the council has provided the Departmental Chief Executive with an assessment of the project to be carried out under the partnership.
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> > (2) In providing such an assessment, the general manager of the council is required to certify that it has been prepared in accordance with the PPP guidelines.
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> > (3) If—
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> > > (a) the project to be carried out under the public-private partnership is a significant project, or
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> > > (b) the Departmental Chief Executive is of the opinion, having regard to the criteria specified in the PPP guidelines, that the project has a high risk,
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> > the Departmental Chief Executive is to advise the council that the project is required to be referred to the Project Review Committee for review.
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> > (4) If the Departmental Chief Executive advises the council that the project is not required to be referred to the Project Review Committee, the council is entitled—
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> > > (a) subject to obtaining the Minister’s consent under section 358(1)(a), to enter into the public-private partnership, and
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> > > (b) subject to this Division, to carry out the project that is the subject of the assessment.
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> **ch 12, pt 6, div 2 (ss 400E–400I):** Ins 2004 No 113, Sch 1 \[5\] (am 2005 No 59, Sch 2.2 \[7\]–\[12\]).