NSW Reconstruction Authority Act 2022
65Authorisation to take over projects
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65 Authorisation to take over projects
65 Authorisation to take over projects
(1) A project authorisation order may, for a project being carried out by or that involves another government agency, declare the Authority to be responsible for the government agency’s functions in relation to the project.
(2) The following provisions have effect on the making of a project authorisation order under this section—
(a) the Authority has and may exercise all the functions of the government agency in relation to the project,
(b) the government agency may not exercise functions in relation to the project except with the consent of the Authority,
(c) the Authority may, with the approval 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 directions given to the agency under paragraph (c) by the Authority.
(3) To avoid doubt, subsection (2) does not limit the terms and conditions of a project authorisation order the Minister may make under this Division.
(4) A project authorisation order may relate to the exercise of the functions of more than 1 government agency.
(5) Before making a project authorisation order that declares the Authority to be responsible for a project that involves development on land within a national park, the Minister must consult with the Minister administering the National Parks and Wildlife Act 1974.
(6) Before making a project authorisation order that declares the Authority to be responsible for a project being carried out by or that involves a State owned corporation, the Minister must consult with the following—
(a) the portfolio Minister of the State owned corporation,
(b) the voting shareholders of the State owned corporation,
(c) the Chairperson of the board of directors of the State owned corporation.
(7) Failure to comply with subsection (5) or (6) does not affect the validity of a project authorisation order.
(8) In this section—