New South Wales Bills Explanatory Notes

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ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (PUBLIC AUTHORITIES) BILL 1996

[Act 1996 No 45]
New South Wales
Environmental Planning and

Assessment Amendment (Public

Authorities) Bill 1996

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to clarify the meaning of the expression public
authority where used in the Environmental Planning and Assessment Act
1979. The amendment removes doubt that the heads of government
departments, including the Director-General of the Department of Urban
Affairs and Planning, and certain other chief executive officers, are public
authorities for the purposes of that Act and are therefore able to act as
consent authorities and concurrence authorities under the provisions of
environmental planning instruments.

The Bill will also enable public authorities, other than local government
councils, to delegate their functions under the Environmental Planning and
Assessment Act 1979. Local government councils already have power under
the Local Government Act 1993 to delegate functions derived from any
source but must do so only in accordance with the regime established under
the Local Government Act 1993.

Environmental Planning and Assessment Amendment (Public Authorities) Bill 1996 [Act 1996 No 45]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to
be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the
Environmental Planning and Assessment Act 1979 set out in Schedule 1.

Schedule 1

Amendments

Schedule 1 [2] substitutes the definition of public authority in the
Environmental Planning and Assessment Act 1979 to give effect to the object
of this Bill.

Schedule 1 [1] makes a consequential amendment.

Schedule 1 [3] provides for the exercise of functions on behalf of
unincorporated public authorities.

Schedule 1 [4] enables a public authority (as redefined by the proposed Act
but excluding a local government council) to delegate any functions
conferred or imposed on the public authority by or under the Environmental
Planning and Assessment Act 1979.

Schedule 1 [5] and [6] amend the schedule of savings, transitional and other
provisions in the Environmental Planning and Assessment Act 1979 to
validate the role of department heads and other chief executive officers as
concurrence authorities.

Explanatory note page 2

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