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PLANNING AND ENVIRONMENT (GROWTH AREAS AUTHORITY) BILL 2006

    Planning and Environment (Growth Areas
                 Authority) Bill

                        Introduction Print

              EXPLANATORY MEMORANDUM


                                General
The main purpose of the Bill is to amend the Planning and Environment
Act 1987 to establish the Growth Areas Authority.
The Bill inserts a new Part 3AAB in the Planning and Environment Act
1987. This Part establishes the Growth Areas Authority and sets out its
objectives, functions and powers.

                              Clause Notes
Clause 1   sets out the main purpose of the Bill, which is to amend the
           Planning and Environment Act 1987 to establish the Growth
           Areas Authority.

Clause 2   provides for the Bill to commence on a day to be proclaimed,
           provided that if the Bill has not come into operation before
           1 November 2006, it comes into operation on that day.

Clause 3   provides that in the Bill the Planning and Environment Act
           1987 is called the Principal Act.

Clause 4   amends definitions in section 3(1) of the Planning and
           Environment Act 1987 to include a definition of "growth area"
           and a definition of "Growth Areas Authority".

Clause 5   inserts a new Part 3AAB into the Planning and Environment
           Act 1987.

                             Division 1--Introduction
           Proposed section 46AN sets out definitions of "Chief Executive
           Officer" and "member" for the purposes of new Part 3AAB.




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551459                                      BILL LA INTRODUCTION 2/5/2006

 


 

Proposed section 46AO sets out the procedure for declaring a growth area. Proposed section 46AP lists the growth area councils for the purposes of Part 3AAB. Division 2--Growth Areas Authority Proposed section 46AQ establishes the Growth Areas Authority as a body corporate. Proposed section 46AR sets out the objectives of the Growth Areas Authority. Proposed section 46AS sets out the functions of the Growth Areas Authority. Proposed section 46AT sets out the powers of the Growth Areas Authority. Proposed section 46AU provides that the Minister may give written directions to the Growth Areas Authority regarding the exercise of its functions and powers, with which it must comply. Proposed section 46AV provides for the appointment of members of the Growth Areas Authority. Proposed section 46AW provides for the appointment of a Chairperson and a Deputy Chairperson from the members of the Growth Areas Authority. Proposed section 46AX sets out the conditions on which members of the Growth Areas Authority may be appointed. Proposed section 46AY provides for the conduct of meetings of the Growth Areas Authority. Proposed section 46AZ provides that acts and decisions of the Growth Areas Authority and things done by or in relation to persons purporting to act as members of the Authority are not invalid in certain situations such as a vacancy in the membership of the Authority or a defect or irregularity in the appointment of a member of the Authority. Proposed section 46AZA provides for disclosure by members of the Growth Areas Authority of direct or indirect pecuniary interests or conflicts of interests and how these are to be dealt with at meetings of the Authority. Proposed section 46AZB provides that the Growth Areas Authority may with the approval of the Minister appoint a Chief Executive Officer and sets out the terms and conditions of his or her appointment. 2

 


 

Proposed section 46AZC provides that the Growth Areas Authority may employ staff. Proposed section 46AZD provides that the Growth Areas Authority may delegate certain functions and powers to the Chief Executive Officer of the Authority. Division 3--Business Plan Proposed section 46AZE provides that the Growth Areas Authority must submit an annual business plan to the Minister and sets out the procedures for approval of a plan and how the Authority must comply with the plan. Division 4--General Proposed section 46AZF prohibits the release of certain confidential information held by the Growth Areas Authority. Clause 6 amends section 46QB of the Planning and Environment Act 1987 to insert a new sub-section (3A) that sets out the requirements of development agencies to report to the Growth Areas Authority (when it is acting as a collecting agency under Part 3B of that Act) on development contribution plan levies paid by the Authority to those agencies. Clause 7 amends section 186 of the Planning and Environment Act 1987 to provide that the Minister may delegate his or her powers, discretions or functions to the Growth Areas Authority or the Chief Executive Officer of the Authority. Clause 8 amends section 188 of the Planning and Environment Act 1987 to provide that a planning authority or a responsible authority may delegate its powers, discretions or functions under that Act to the Growth Areas Authority or the Chief Executive Officer of the Authority. Clause 9 amends section 190 of the Planning and Environment Act 1987 to provide that if the Minister is a responsible authority for a growth area or any part of a growth area the Minister may delegate his or her powers, discretions and functions under that Act as a responsible authority to the Growth Areas Authority or the Chief Executive Officer of the Authority. 3

 


 

 


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