New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
University of Technology (Kuring-gai
Campus) Bill 2006
No , 2006
A Bill for
An Act to ensure that the Kuring-gai Campus of the University of Technology is
retained for educational purposes.
Clause 1 University of Technology (Kuring-gai Campus) Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the University of Technology (Kuring-gai Campus) 3
Act 2006. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
In this Act: 8
educational purposes includes purposes that are incidental or ancillary 9
to the provision of education, including, without limitation, the 10
provision of residential accommodation for students. 11
Kuring-gai Campus means that part of Lindfield bounded by, but not 12
including, Eton Road, Winchester Avenue, Lyle Avenue, Lady Game 13
Drive and Lane Cove National Park (which is a campus of the 14
University of Technology, Sydney, established by the University of 15
Technology, Sydney, Act 1989). 16
4 Kuring-gai Campus not to be alienated or encumbered 17
(1) After the commencement of this section, the Kuring-gai Campus can 18
not be lawfully sold, leased, mortgaged, charged or otherwise alienated 19
or encumbered, except as provided by this Act. 20
(2) However, this Act does not prevent a transfer or sale of the Kuring-gai 21
Campus to a statutory body representing the Crown if: 22
(a) the statutory body is subject to the direction and control of the 23
Minister, and 24
(b) it is a condition of the transfer or sale that the Kuring-gai Campus 25
is to continue to be used solely for educational purposes. 26
(3) This Act also does not prevent the leasing of, or the granting of a licence 27
to occupy, the Kuring-gai Campus to any person if: 28
(a) the Minister has given prior written approval to the lease or 29
licence, and 30
(b) it is a condition of the lease or licence that under the lease or 31
licence the premises to which it applies are to continue to be used 32
solely for educational purposes. 33
Page 2
University of Technology (Kuring-gai Campus) Bill 2006 Clause 5
5 Development controls for Kuring-gai Campus 1
(1) Development of the Kuring-gai Campus may be carried out only for the 2
purpose of facilities for educational purposes. 3
(2) The consent authority for development applications relating to the 4
Kuring-gai Campus is the council of the local government area in which 5
the campus is situated. 6
(3) Any development (such as development for residential purposes) that is 7
not allowed by this section is prohibited at the Kuring-gai Campus, 8
despite any other Act or environmental planning instrument. 9
(4) After this section commences, a declaration must not be made under 10
section 75B of the Environmental Planning and Assessment Act 1979: 11
(a) that the carrying out of development on the Kuring-gai Campus 12
is a project to which Part 3A of that Act applies, or 13
(b) that has the effect of making the carrying out of the development 14
on the Kuring-gai Campus a project or part of a project to which 15
Part 3A of that Act applies. 16
(5) Any such declaration has no effect to the extent to which it applies to 17
the Kuring-gai Campus. 18
(6) Except as provided by subsection (1), words in this section have the 19
same meanings as they have in the Environmental Planning and 20
Assessment Act 1979. 21
6 Minister empowered to acquire Kuring-gai Campus 22
(1) The Minister may, with the approval of the Governor, declare, by notice 23
published in the Gazette, that the Kuring-gai Campus, or any specified 24
part of the Kuring-gai Campus, is acquired by compulsory process. 25
(2) A notice under this section may except any specified interest in the land 26
from the operation of the notice. 27
(3) On the date of publication in the Gazette of a notice under this section, 28
the land described in the notice is, by force of this section: 29
(a) vested in the Minister, and 30
(b) freed and discharged from all estates, interests, trusts, 31
restrictions, dedications, reservations, easements, rights, charges, 32
rates and contracts in, over or in connection with the land. 33
Page 3
Clause 7 University of Technology (Kuring-gai Campus) Bill 2006
(4) If: 1
(a) the notice excepts an easement from acquisition, and 2
(b) immediately before the vesting, the benefit of a restriction as to 3
user is annexed to the easement, 4
then (unless otherwise specified in the notice) the restriction continues 5
to have effect as if the acquisition had not taken place. 6
(5) The Land Acquisition (Just Terms Compensation) Act 1991 does not 7
apply to or in respect of the acquisition of land under this section. 8
(6) The Minister must not dispose of any interest in the Kuring-gai Campus, 9
or allow it to be used for any purpose, otherwise than as provided by this 10
section. 11
(7) The Minister is to take all reasonable steps to ensure that, within 12 12
months after the commencement of this section, and at all times 13
thereafter, the Kuring-gai Campus is used solely for educational 14
purposes. 15
7 Application of Act 16
This Act applies: 17
(a) to each part of the Kuring-gai Campus in the same way as it 18
applies to the whole of the Kuring-gai Campus, and 19
(b) despite the provisions of any other Act, including section 18 of 20
the University of Technology, Sydney, Act 1989. 21
Page 4
[Index] [Search] [Download] [Related Items] [Help]