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This is a Bill, not an Act. For current law, see the Acts databases.


AVALON POLICE STATION (PUBLIC OWNERSHIP) BILL 2006





Avalon Police Station (Public
Ownership) Bill 2006
No     , 2006


A Bill for

An Act to provide that the Avalon Police Station site remain in public ownership,
with its use restricted to policing and emergency services purposes.
Clause 1          Avalon Police Station (Public Ownership) Bill 2006




The Legislature of New South Wales enacts:                                                   1

 1    Name of Act                                                                            2

               This Act is the Avalon Police Station (Public Ownership) Act 2006.            3

 2    Commencement                                                                           4

               This Act commences on the date of assent to this Act.                         5

 3    Definitions                                                                            6

         (1)   In this Act:                                                                  7
               Avalon police station site means the land comprising Lot 76, DP 9151          8
               and known as 75 Avalon Parade, Avalon, and includes all buildings and         9
               other fixtures situated on that land.                                        10
               emergency services organisation has the same meaning as in the State         11
               Emergency and Rescue Management Act 1989.                                    12
               Note. The definition includes NSW Police.                                    13

         (2)   Words and expressions that are used in this Act and that are defined in      14
               the Environmental Planning and Assessment Act 1979 have the same             15
               meaning as in that Act.                                                      16

         (3)   Notes included in this Act do not form part of this Act.                     17

 4    Objects of Act                                                                        18

               The objects of this Act are:                                                 19
               (a) to ensure that the Avalon police station site remains in public          20
                     ownership, and                                                         21
               (b) to limit the use of the site to police and emergency services.           22

 5    Avalon police station site not to be sold                                             23

         (1)   The sale, transfer, lease or other alienation of the Avalon police station   24
               site is prohibited.                                                          25

         (2)   However, subsection (1) does not prevent a grant, transfer or sale to a      26
               statutory body representing the Crown if the statutory body is subject to    27
               the direction and control of a Minister.                                     28

         (3)   This section applies to any part of the Avalon police station site in the    29
               same way as it applies to the whole of the Avalon police station site.       30




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Avalon Police Station (Public Ownership) Bill 2006                           Clause 6




  6    Development of Avalon police station site restricted to police and                    1
       emergency services                                                                    2

       (1)    Development of the Avalon police station site may only be carried out          3
              for the purposes of police services or emergency services that are             4
              provided by an emergency services organisation.                                5
              Note. Development is defined in the EP&A Act to include the use of land.       6

       (2)    Any development (such as development for a residential purpose) that           7
              is not allowed by this section is prohibited at the Avalon police station      8
              site, despite any other Act or any environmental planning instrument.          9

       (3)    The council of the local government area within which the Avalon              10
              police station site is situated is the consent authority in relation to the   11
              carrying out of development on the site.                                      12

  7    Part 3A of EP&A Act does not apply in relation to Avalon police station              13
       site                                                                                 14

       (1)    After the commencement of this Act, a declaration may not be made             15
              under section 75B of the Environmental Planning and Assessment Act            16
              1979:                                                                         17
              (a) that the carrying out of development on the Avalon police station         18
                    site is a project to which Part 3A of that Act applies, or              19
              (b) that has the effect of making the carrying out of development on          20
                    the Avalon police station site a project or part of a project to        21
                    which Part 3A of that Act applies.                                      22

       (2)    Any such declaration has no effect to the extent to which it applies to       23
              the Avalon police station site.                                               24

       (3)    Any declaration under section 75B of the Environmental Planning and           25
              Assessment Act 1979 that the carrying out of development on the               26
              Avalon police station site is a project to which Part 3A of that Act          27
              applies, or that has the effect of making the carrying out of development     28
              on the site a project or part of a project to which Part 3A of that Act       29
              applies, that was made before the commencement of this Act is revoked         30
              to the extent to which it applies to the site.                                31




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