Duties of decision-makers under progression notices: on receiving a progression notice, the decision-maker must undertake the prescribed process within the stated period and inform the Authority of completion within five business days (s 49(3)). The Authority may extend the period without the decision-maker's agreement (s 49(4)). Before giving a progression notice, the Authority must have regard to the requirements of the relevant law (s 49(6)).
Duties of decision-makers under notices to decide: the decision-maker must make the prescribed decision within the stated period (at least 20 business days) and inform the Authority within five business days (s 50(4)). The Authority may extend the period (s 50(5)). For development applications, the notice to decide may only be given after the decision-making period starts (s 50(7)). Before giving a notice to decide, the Authority must have regard to any public notification requirements under the relevant law (s 50(8)).
Duties upon step-in notice: the decision-maker must give the Authority all reasonable assistance and materials, including all material held before the step-in notice was given and any received afterwards (s 53(1)). The Authority may require a written report containing an assessment or recommendations (s 53(2)). A local government that could have imposed an infrastructure condition may give a written recommendation, which the Authority must impose unless the Minister directs otherwise (ss 53(3)-(4), 55(3)).
Duty to cooperate: entities already subject to a duty to cooperate with the Coordinator-General under the State Development Act are also taken to be subject to a duty to cooperate with the Authority (s 126). The State Development Act section 13(2) applies with modifications (s 126(3)).
Duties of board members: members must disclose direct or indirect pecuniary or other interests that appear to raise a conflict (s 40). After disclosure, the member must not be present during deliberation or take part in decisions unless the board decides otherwise (s 40(3)). The board must keep a register of interests (s 40(2)). Contravention does not invalidate a decision, but the board must reconsider if it becomes aware of a contravention (s 40(5)-(6)).
Duty to act honestly: board members and officers must at all times act honestly in exercising powers and performing functions (s 115). Maximum penalty 200 penalty units.
Duty of confidentiality: information obtained in the administration of the Act must not be disclosed unless with agreement, for administration, in legal proceedings, under the Crime and Corruption Act 2001 or Ombudsman Act 2001, or with other lawful excuse (s 116). Maximum penalty 100 penalty units.
Duties not to give false or misleading information or documents: a person must not state anything false or misleading in a material particular (s 117, 200 penalty units). A person must not give a document containing information known to be false, misleading or incomplete in a material particular (s 118, 200 penalty units). For both, it is enough to state that the statement or document was false or misleading to the person's knowledge (ss 117(2), 118(2)).
Duty of landowner of acquisition land: the owner must not dispose of the acquisition land other than to the relevant entity stated in the notice (s 100(2)). If the owner gives the relevant entity a notice proposing to sell, the entity must acquire the land (s 100(3)). A transaction in contravention is not invalid, but the new owner is taken to have received the notice (s 100(4)).
Duty to comply with information requests: the Authority may ask a relevant entity or other person for information (other than personal information) reasonably required for its functions (s 127). The entity or person must comply. Maximum penalty 100 penalty units. The Authority may also ask applicants or other entities for information about prescribed decisions (s 128). The person must comply.
Rights of the Authority: the Authority has all the powers of an individual, including entering contracts, acquiring and disposing of property, appointing agents and engaging consultants (s 11). It may take land under the Acquisition of Land Act 1967 process for authorised works, implementing development schemes, carrying out reconstruction functions, or complying with acquisition obligations (s 99). It may create public utility easements without the land owner's signature (s 101). It may close roads in reconstruction areas (s 106) and vest land in itself (s 107). The Authority may make guidelines (s 135) and approve forms (s 137).
Rights of affected owners: an affected owner for a development scheme may ask the Minister to amend the submitted scheme to protect their interests within 20 business days of receiving notice (s 71(c), s 72). The Minister may amend the scheme, but only within 40 business days after it was given to the Minister (s 72(2)).
Protection for persons giving information: a person acting honestly who gives information under the Act is not civilly, criminally or administratively liable, and cannot be held to have breached professional standards (s 129). This overrides other laws prohibiting or restricting the giving of information (s 130(2)).
Protection of officials from liability: an official (Minister, board member, authorised person or officer) is not civilly liable for acts done or omissions made honestly and without negligence (s 133). Liability attaches to the State instead.