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


HURLSTONE AGRICULTURAL HIGH SCHOOL SITE BILL 2009





Hurlstone Agricultural High School
Site Bill 2009
No     , 2009


A Bill for

An Act to require the Hurlstone Agricultural High School site to be retained for
educational purposes.
Clause 1          Hurlstone Agricultural High School Site Bill 2009




The Legislature of New South Wales enacts:                                                    1

 1    Name of Act                                                                             2

               This Act is the Hurlstone Agricultural High School Site Act 2009.              3

 2    Commencement                                                                            4

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

 3    Definitions                                                                             6

         (1)   In this Act:                                                                   7
               government school means a government school within the meaning of              8
               the Education Act 1990.                                                        9
               Hurlstone Agricultural High School site (or the site) means the whole         10
               or any part of the following land:                                            11
                (a) Lot 21, DP 1035516,                                                      12
               (b) Lot 22, DP 1035516,                                                       13
                (c) Lot 1, DP 175962,                                                        14
               (d) Lot 1, DP 175963,                                                         15
                (e) Lot 1, DP 177010,                                                        16
                (f) Lot 3, DP 736950,                                                        17
               (g) Lot 5, DP 808118.                                                         18

         (2)   Words and expressions that are used in this Act and that are defined in       19
               the Environmental Planning and Assessment Act 1979 have the same              20
               meaning as in that Act.                                                       21

         (3)   Notes included in this Act do not form part of this Act.                      22

 4    Objects of Act                                                                         23

               The objects of this Act are:                                                  24
               (a) to ensure that the Hurlstone Agricultural High School site                25
                     remains in public ownership, and                                        26
               (b) to limit the use of the site to that of a government school.              27

 5    Hurlstone Agricultural High School site not to be sold                                 28

         (1)   The sale, transfer, lease or other alienation of the Hurlstone Agricultural   29
               High School site is prohibited.                                               30

         (2)   However, subsection (1) does not prevent a grant, transfer or sale to a       31
               NSW Government agency if the NSW Government agency is subject to              32
               the control and direction of a Minister of the State.                         33




Page 2
Hurlstone Agricultural High School Site Bill 2009                         Clause 6




  6    Development of the site restricted to government school purposes                     1
       (1)    Development of the Hurlstone Agricultural High School site may only           2
              be carried out for the purposes of a government school.                       3
              Note. Development is defined in the Environmental Planning and Assessment     4
              Act 1979 to include the use of land.                                          5

       (2)    Any development that is not allowed by this section is prohibited at the      6
              site, despite any other Act or any environmental planning instrument.         7

  7    Part 3A of EP&A Act does not apply in relation to the site                           8

       (1)    After the commencement of this Act, a declaration may not be made             9
              under section 75B of the Environmental Planning and Assessment Act           10
              1979:                                                                        11
              (a) that the carrying out of development on the Hurlstone                    12
                    Agricultural High School site is a project to which Part 3A of that    13
                    Act applies, or                                                        14
              (b) that has the effect of making the carrying out of development on         15
                    the site a project or part of a project to which Part 3A of that Act   16
                    applies.                                                               17

       (2)    Any such declaration has no effect to the extent to which it applies to      18
              the site.                                                                    19

       (3)    Any declaration under section 75B of the Environmental Planning and          20
              Assessment Act 1979 that the carrying out of development on the site is      21
              a project to which Part 3A of that Act applies, or that has the effect of    22
              making the carrying out of development on the site a project or part of      23
              a project to which Part 3A of that Act applies, that was made before the     24
              commencement of this Act is revoked to the extent to which it applies        25
              to the site.                                                                 26




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