NSWIn ForceAct
Local Government Act 1993
400KCompensation not payable
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#### 400K Compensation not payable
400K Compensation not payable
> > (1) Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this Part—
> >
> > > (a) the enactment of the [Local Government Amendment (Public-Private Partnerships) Act 2004](/view/html/repealed/current/act-2004-113) or the operation of this Part,
> >
> > > (b) the exercise by the Minister, a person employed in the Department or a member of the Project Review Committee of any function under this Part (including any failure or delay in exercising any such function),
> >
> > > (c) any statement or conduct in connection with public-private partnerships or this Part.
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> > (2) Compensation is not payable by a council to any private person as a consequence of the council being prevented, by the operation of this Part, from entering into a public-private partnership or from carrying out a project under a public-private partnership.
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> > (3) However, subsection (2) does not apply in relation to a council if the public-private partnership concerned is a partnership referred to in section 400N(2).
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> > (4) In this section—
> >
> > compensation includes damages or any other form of monetary compensation.
> >
> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
> >
> > statement includes a representation of any kind, whether made verbally or in writing and whether negligent, false or misleading or otherwise.
> >
> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes an officer, employee or agent of the Crown or any member of the Project Review Committee.
>
> **s 400K:** Ins 2004 No 113, Sch 1 \[5\] (am 2005 No 59, Sch 2.2 \[10\] \[13\] \[14\]). Am 2015 No 37, Sch 2 \[6\].