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New South Wales
Greater Cities Commission Bill 2022
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Amendment of area comprising Six Cities Region 2
Part 2 Greater Cities Commission
Division 1 Constitution of Commission
5 Constitution of Commission 3
6 Members of Commission 3
7 Role of Chief Executive Officer 4
8 Staff of Commission 4
Division 2 Objectives and functions of Commission
9 Principal objectives of Commission 4
10 Functions of Commission 5
11 Obligation of government agencies to provide information 6
12 Delegation of Commission's functions 6
Division 3 Committees
13 Finance and Governance Committee 7
Greater Cities Commission Bill 2022 [NSW]
Contents
Page
14 Strategic Planning Committee 7
15 Infrastructure Delivery Committee 7
16 Other committees 8
17 Subcommittees 8
18 Procedure for committees and subcommittees 8
Part 3 Miscellaneous
19 Act to bind Crown 9
20 Co-operation by local councils 9
21 Annual report to include certain matters 9
22 Disclosure of information 9
23 Exclusion of personal liability 9
24 Nature of proceedings for offences 10
25 Regulations 10
26 Repeal of Greater Sydney Commission Act 2015 No 57 10
27 Review of Act 10
Schedule 1 Six Cities Region and its cities 11
Schedule 2 Members and procedure of Commission 13
Schedule 3 Savings, transitional and other provisions 17
Schedule 4 Amendment of Environmental Planning and Assessment legislation 19
Schedule 5 Consequential amendment of other legislation 23
Page 2
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Greater Cities Commission Bill 2022
Act No , 2022
An Act to constitute and confer functions on the Greater Cities Commission; to amend the
Environmental Planning and Assessment Act 1979 to make provision in relation to strategic
planning; to repeal the Greater Sydney Commission Act 2015; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Greater Cities Commission Bill 2022 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts-- 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Greater Cities Commission Act 2022. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Definitions 7
In this Act-- 8
Chief Commissioner means the person appointed by the Minister as the Chief 9
Commissioner of the Commission. 10
Chief Executive Officer means the person employed in the Public Service as the 11
Chief Executive Officer of the Commission. 12
city means an area of land described as a city in Schedule 1, sections 2-7. 13
City Commissioner means a member of the Commission appointed under section 14
6(1)(c). 15
Commission means the Greater Cities Commission constituted under Part 2. 16
exercise a function includes perform a duty. 17
ex-officio member means a member of the Commission referred to in section 18
6(1)(d). 19
function includes a power, authority and duty. 20
Greater Cities Commissioner means the Chief Commissioner or a member of the 21
Commission appointed under section 6(1)(b). 22
Planning Act means the Environmental Planning and Assessment Act 1979. 23
Six Cities Region means the region described in Schedule 1. 24
Note-- The Interpretation Act 1987 contains definitions and other provisions that affect the 25
interpretation and application of this Act. 26
4 Amendment of area comprising Six Cities Region 27
(1) The regulations may amend Schedule 1 to replace the description in the Schedule to 28
extend or reduce the Six Cities Region or a city within the Six Cities Region. 29
(2) A regulation that extends the Six Cities Region to a further local government area 30
may also limit the functions of the Commission in respect of the area. 31
(3) The regulations may contain provisions of a savings or transitional nature consequent 32
on the making of a regulation under subsection (1). 33
Page 2
Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
Part 2 Greater Cities Commission 1
Division 1 Constitution of Commission 2
5 Constitution of Commission 3
(1) There is constituted by this Act a body corporate with the corporate name of the 4
Greater Cities Commission. 5
Note-- The Greater Cities Commission is taken to be the continuation of the Greater Sydney 6
Commission--see Schedule 3, section 3. 7
(2) The Commission is a NSW Government agency. 8
Note-- See the Interpretation Act 1987, section 13A. 9
(3) The Commission is not subject to the control and direction of the Minister, except to 10
the extent specifically provided for in this or another Act. 11
6 Members of Commission 12
(1) The Commission is to consist of the following members-- 13
(a) a person appointed by the Minister as the Chief Commissioner of the 14
Commission, 15
(b) up to 3 persons appointed by the Minister, each of whom has, in the opinion 16
of the Minister, expertise in at least 1 of the areas of expertise, 17
(c) 6 persons appointed by the Minister to represent the cities (the City 18
Commissioners), being persons who have, in the opinion of the Minister, 19
expertise in at least 1 of the areas of expertise, 20
(d) each of the following (the ex-officio members)-- 21
(i) the Secretary of the Department of Premier and Cabinet, 22
(ii) the Secretary of the Department of Planning and Environment, 23
(iii) the Secretary of the Department of Transport, 24
(iv) the Secretary of the Treasury. 25
(2) Of the Greater Cities Commissioners appointed under subsection (1)(b)-- 26
(a) 1 is to be appointed by the Minister as the Commissioner with principal 27
responsibility for the activities of the Commission to the extent they relate to 28
environmental matters, and 29
(b) 1 is to be appointed by the Minister as the Commissioner with principal 30
responsibility for the activities of the Commission to the extent they relate to 31
social matters, and 32
(c) 1 is to be appointed by the Minister as the Commissioner with principal 33
responsibility for the activities of the Commission to the extent they relate to 34
economic matters. 35
(3) If there are fewer than 3 persons appointed under subsection (1)(b), the Minister may 36
appoint a person to exercise more than 1 of the principal responsibilities specified in 37
subsection (2). 38
(4) Before appointing a person as a City Commissioner to represent a city in the Six 39
Cities Region, the Minister must seek the advice of the local council of each local 40
government area in the city in relation to the proposed appointment. 41
(5) However, the Minister is not prevented from making an appointment if a local 42
council fails to provide advice when requested. 43
(6) A person must not be appointed as a City Commissioner to represent a city in the Six 44
Cities Region unless the person resides in the city. 45
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Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
(7) Schedule 2 contains provisions with respect to the members and procedure of the 1
Commission. 2
(8) In this section-- 3
areas of expertise means the following areas-- 4
(a) environmental sustainability, 5
(b) environmental science, 6
(c) sustainable design, 7
(d) strategic planning, 8
(e) infrastructure planning and delivery, 9
(f) architecture, 10
(g) urban design, 11
(h) traffic and transport, 12
(i) engineering, 13
(j) community development and services, 14
(k) local government, 15
(l) environmental planning law, 16
(m) social justice, 17
(n) property development, 18
(o) community engagement, 19
(p) economics, 20
(q) tourism, 21
(r) heritage, 22
(s) First Nations land management. 23
7 Role of Chief Executive Officer 24
The Chief Executive Officer is responsible for the day to day management of the 25
affairs of the Commission in accordance with the directions of the Commission. 26
8 Staff of Commission 27
(1) Persons may be employed in the Public Service to enable the Commission to exercise 28
its functions. 29
Note-- The Government Sector Employment Act 2013, section 59 provides that the persons 30
employed for the Commission, or whose services the Commission makes use of, may be 31
referred to as officers or employees, or members of staff, of the Commission. The Constitution 32
Act 1902, section 47A precludes the Commission from employing staff. 33
(2) The Commission may also-- 34
(a) arrange for the use of the services or facilities of a public authority within the 35
meaning of the Planning Act, and 36
(b) engage consultants as it requires to exercise its functions. 37
Division 2 Objectives and functions of Commission 38
9 Principal objectives of Commission 39
The principal objectives of the Commission in exercising its functions are as 40
follows-- 41
(a) to lead metropolitan planning for the Six Cities Region, 42
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Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
(b) to promote orderly development in the Six Cities Region, integrating social, 1
economic and environmental considerations with regard to the principles of 2
ecologically sustainable development contained in the Protection of the 3
Environment Administration Act 1991, section 6(2), 4
(c) to promote the alignment of Government decision-making on infrastructure 5
with land use planning, 6
(d) to promote the supply of housing, including affordable housing and a diversity 7
of housing types, 8
(e) to encourage development that is resilient, including resilient in relation to 9
climate change, and development that takes into account natural hazards, 10
(f) to support ongoing improvement in productivity, liveability and 11
environmental quality, 12
(g) to provide increased opportunity for public involvement and participation in 13
environmental planning and assessment in the Six Cities Region, including the 14
involvement and participation of First Nations peoples, 15
(h) to promote economic activity in the Six Cities Region by coordinating the 16
delivery of key economic precincts. 17
10 Functions of Commission 18
(1) The Commission has the following functions-- 19
(a) to provide advice and make recommendations to the Minister on matters 20
relating to land use, infrastructure, planning or development in the Six Cities 21
Region, 22
(b) to provide advice and make recommendations to the Minister administering 23
this Act, and other Ministers with the approval of the Minister administering 24
this Act, on matters relating to land use, infrastructure, planning or 25
development in the Six Cities Region, 26
(c) to prepare and provide reports to the Minister on the implementation, 27
including any impediments to the implementation, of any plan or proposal 28
relating to development in the Six Cities Region, 29
(d) to provide advice and make recommendations to the Minister on any 30
impediments to the implementation of any plan or proposal relating to 31
development in the Six Cities Region, 32
(e) to provide progress and assurance reports to the Minister administering this 33
Act, and other Ministers with the approval of the Minister administering this 34
Act, on matters relating to the preparation and implementation of any plan or 35
proposal relating to development in the Six Cities Region, 36
(f) to provide advice to the Minister on the application of any development fund 37
created under the Planning Act, section 7.35 for land in the Six Cities Region, 38
(g) to assist local councils in the Six Cities Region and other government 39
agencies, including agencies of the Commonwealth, with the implementation 40
of any plan or proposal relating to development in the Six Cities Region, 41
(h) to provide the Minister with information, advice or reports as requested by the 42
Minister on matters relating to land use, infrastructure, planning or 43
development in the Six Cities Region, 44
(i) to provide the Minister administering the Planning Act with information, 45
advice or reports requested by the Minister administering the Planning Act on 46
matters relating to land use, infrastructure, planning or development in the Six 47
Cities Region, 48
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Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
(j) if requested to do so by a Minister other than the Minister administering this 1
Act or the Minister administering the Planning Act (the other Minister)--to 2
provide the other Minister with information, advice or reports requested by the 3
other Minister on matters relating to land use, infrastructure, planning or 4
development in the Six Cities Region. 5
(2) The other Minister must obtain the approval of the Minister administering this Act 6
before making a request under subsection (1)(j). 7
(3) The Commission may have other functions conferred or imposed on it by or under 8
this or another Act. 9
(4) Without limiting subsection (3), the Commission may exercise functions delegated 10
to it under another Act. 11
11 Obligation of government agencies to provide information 12
(1) A government agency has an obligation to comply with a reasonable request by the 13
Commission to provide information that is relevant to the exercise by the 14
Commission of the Commission's functions. 15
(2) In this section-- 16
government agency means-- 17
(a) a public authority constituted by or under an Act, or 18
(b) a NSW government agency, or 19
(c) a Public Service agency, or 20
(d) a local council, or 21
(e) a State owned corporation. 22
12 Delegation of Commission's functions 23
(1) The Commission may delegate to an authorised person or body any of its functions, 24
other than this power of delegation. 25
(2) This power of delegation extends to a function delegated to the Commission, but only 26
if the Commission is given written authorisation by the delegator to delegate the 27
function. 28
(3) A delegate may sub-delegate to an authorised person or body any function delegated 29
by the Commission if the delegate is given written authorisation to do so by the 30
Commission. 31
(4) In this section-- 32
authorised person or body means any of the following-- 33
(a) a member of the Commission, 34
(b) a committee of the Commission or member of a committee of the 35
Commission, 36
(c) a Sydney district planning panel constituted under the Planning Act, Division 37
2.4, 38
(d) a member of the staff of the Commission, including the Chief Executive 39
Officer, 40
(e) the Secretary of, or another person employed in, the Department of Planning 41
and Environment, 42
(f) the Secretary of, or another person employed in, the Department of Premier 43
and Cabinet, 44
(g) a regional planning panel constituted under the Planning Act, Division 2.4, 45
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Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
(h) a local planning panel constituted under the Planning Act, Division 2.5, 1
(i) the Independent Planning Commission constituted under the Planning Act, 2
Division 2.3, 3
(j) a local council, or the general manager or other employee of a local council, 4
for a local government area in the Six Cities Region, 5
(k) a person or body, or a person or body of a class, authorised by the regulations 6
for this section. 7
Division 3 Committees 8
13 Finance and Governance Committee 9
(1) There is established a committee of the Commission to be known as the Finance and 10
Governance Committee (the FGC). 11
(2) The members of the FGC are as follows-- 12
(a) the Greater Cities Commissioners, 13
(b) 1 or more City Commissioners appointed by the Commission. 14
(3) The FGC has the following functions-- 15
(a) to advise and assist the Commission in connection with the functions of the 16
Commission as determined by the Minister, 17
(b) to advise and assist the Commission in connection with other functions of the 18
Commission. 19
14 Strategic Planning Committee 20
(1) There is established a committee of the Commission to be known as the Strategic 21
Planning Committee (the SPC). 22
(2) The members of the SPC are as follows-- 23
(a) the Greater Cities Commissioners, 24
(b) the City Commissioners. 25
(3) The SPC has the following functions-- 26
(a) to advise and assist the Commission in connection with the functions of the 27
Commission as determined by the Minister, 28
(b) if requested by the Commission-- 29
(i) to prepare draft strategic plans under the Planning Act, Division 3.1 for 30
the Six Cities Region, and 31
(ii) to provide information, advice and reports on the implementation of 32
strategic plans for the Six Cities Region, and 33
(iii) to advise and assist the Commission in connection with other functions 34
of the Commission. 35
15 Infrastructure Delivery Committee 36
(1) There is established a committee of the Commission to be known as the 37
Infrastructure Delivery Committee (the IDC). 38
(2) The members of the IDC are as follows-- 39
(a) the Greater Cities Commissioners, 40
(b) 1 or more City Commissioners appointed by the Commission, 41
(c) the ex-officio members, 42
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Greater Cities Commission Bill 2022 [NSW]
Part 2 Greater Cities Commission
(d) the Secretary of the Ministry of Health, 1
(e) the Secretary of the Department of Education, 2
(f) the Secretary of the Department of Communities and Justice. 3
(3) The IDC has the following functions-- 4
(a) to advise and assist the Commission in connection with the functions of the 5
Commission as determined by the Minister, 6
(b) if requested by the Commission--to advise and assist the Commission in 7
connection with other functions of the Commission. 8
16 Other committees 9
(1) The Commission may establish other committees to give advice and assistance to the 10
Commission in connection with 1 or more of its functions. 11
(2) A committee established by the Commission need not include a member of the 12
Commission. 13
17 Subcommittees 14
(1) A committee of the Commission may establish subcommittees to assist it in 15
connection with the exercise of 1 or more of its functions. 16
(2) A subcommittee of a committee of the Commission need not include a member of 17
the committee. 18
18 Procedure for committees and subcommittees 19
(1) The procedure for the calling of meetings of a committee of the Commission and for 20
the conduct of business at those meetings is to be as determined by the Commission 21
or, subject to any determination of the Commission, by the committee. 22
(2) The procedure for the calling of meetings of a subcommittee of a committee of the 23
Commission and for the conduct of business at the meetings is to be as determined 24
by the committee or, subject to any determination of the committee, by the 25
subcommittee. 26
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Greater Cities Commission Bill 2022 [NSW]
Part 3 Miscellaneous
Part 3 Miscellaneous 1
19 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, to the extent the 3
legislative power of the Parliament of New South Wales permits, the Crown in all its 4
other capacities. 5
20 Co-operation by local councils 6
A local council in the Six Cities Region is, if requested in writing by the 7
Commission-- 8
(a) to allow the Commission to have access to, and take copies of, documents held 9
by the council that are relevant to the functions of the Commission, and 10
(b) to provide the Commission with staff and facilities, or other assistance, as may 11
be required to assist the Commission in exercising its functions. 12
21 Annual report to include certain matters 13
The annual report of the Commission required to be prepared under the Annual 14
Reports (Statutory Bodies) Act 1984 must include a report on the following-- 15
(a) the outcomes achieved by the Commission during the reporting period, 16
(b) the implementation of strategic plans made under the Planning Act, Division 17
3.1 for the Six Cities Region, including information about related monitoring 18
or evaluation undertaken by the Commission. 19
22 Disclosure of information 20
A person must not disclose information obtained in connection with the 21
administration or execution of this Act unless the disclosure is made-- 22
(a) with the consent of the person from whom the information was obtained, or 23
(b) in connection with the administration or execution of this Act, or 24
(c) for the purposes of legal proceedings arising out of this Act or of a report of 25
the those legal proceedings, or 26
(d) in accordance with a requirement under the Ombudsman Act 1974, or 27
(e) with other lawful excuse. 28
Maximum penalty--20 penalty units. 29
23 Exclusion of personal liability 30
(1) A protected person is not personally subject to liability for anything done-- 31
(a) in good faith, and 32
(b) for the purpose of exercising a function under this or another Act. 33
(2) The liability instead attaches to the Crown. 34
(3) In this section-- 35
done includes omitted to be done. 36
liability means civil liability and includes action, claim or demand. 37
protected person means-- 38
(a) a member of the Commission, or 39
(b) a member of a committee of the Commission or a member of a subcommittee 40
of a committee of the Commission, or 41
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Greater Cities Commission Bill 2022 [NSW]
Part 3 Miscellaneous
(c) a member of staff of the Commission, including the Chief Executive Officer, 1
or 2
(d) a person acting under the direction of a person referred to in paragraphs 3
(a)-(c). 4
24 Nature of proceedings for offences 5
Proceedings for an offence under this Act may be dealt with summarily before the 6
Local Court. 7
25 Regulations 8
The Governor may make regulations about a matter that is-- 9
(a) required or permitted by this Act to be prescribed, or 10
(b) necessary or convenient to be prescribed for carrying out or giving effect to 11
this Act. 12
26 Repeal of Greater Sydney Commission Act 2015 No 57 13
The Greater Sydney Commission Act 2015 is repealed. 14
27 Review of Act 15
(1) The Minister is to review this Act to determine whether-- 16
(a) the policy objectives of the Act remain valid, and 17
(b) the terms of the Act remain appropriate for securing those objectives. 18
(2) The review is to be undertaken as soon as possible after the period of 5 years from 19
the commencement of this Act. 20
(3) A report on the outcome of the review is to be tabled in each House of Parliament 21
within 12 months after the end of the period of 5 years. 22
Page 10
Greater Cities Commission Bill 2022 [NSW]
Schedule 1 Six Cities Region and its cities
Schedule 1 Six Cities Region and its cities 1
sections 3 and 4 2
1 The Six Cities Region 3
The Six Cities Region is comprised of the following-- 4
(a) the Eastern Harbour City, 5
(b) the Central River City, 6
(c) the Central Coast City, 7
(d) the Lower Hunter and Greater Newcastle City, 8
(e) the Western Parkland City, 9
(f) the Illawarra-Shoalhaven City. 10
2 Eastern Harbour City 11
The Eastern Harbour City is comprised of the land within the following local 12
government areas-- 13
(a) Bayside, 14
(b) Burwood, 15
(c) Canada Bay, 16
(d) Hornsby, 17
(e) Hunter's Hill, 18
(f) Inner West, 19
(g) Ku-ring-gai, 20
(h) Lane Cove, 21
(i) Mosman, 22
(j) North Sydney, 23
(k) Northern Beaches, 24
(l) City of Randwick, 25
(m) City of Ryde, 26
(n) Strathfield, 27
(o) City of Sydney, 28
(p) Waverley, 29
(q) City of Willoughby, 30
(r) Woollahra. 31
3 Central River City 32
The Central River City is comprised of the land within the following local 33
government areas-- 34
(a) City of Blacktown, 35
(b) Canterbury-Bankstown, 36
(c) Cumberland, 37
(d) Georges River, 38
(e) City of Parramatta, 39
(f) Sutherland Shire, 40
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Greater Cities Commission Bill 2022 [NSW]
Schedule 1 Six Cities Region and its cities
(g) The Hills Shire. 1
4 Lower Hunter and Greater Newcastle City 2
The Lower Hunter and Greater Newcastle City is comprised of the land within the 3
following local government areas-- 4
(a) City of Cessnock, 5
(b) City of Lake Macquarie, 6
(c) City of Maitland, 7
(d) City of Newcastle, 8
(e) Port Stephens. 9
5 Western Parkland City 10
The Western Parkland City is comprised of the land within the following local 11
government areas-- 12
(a) City of Blue Mountains, 13
(b) Camden, 14
(c) City of Campbelltown, 15
(d) City of Fairfield, 16
(e) City of Hawkesbury, 17
(f) City of Liverpool, 18
(g) City of Penrith, 19
(h) Wollondilly. 20
6 Central Coast City 21
The Central Coast City is comprised of the land within the Central Coast local 22
government area. 23
7 Illawarra-Shoalhaven City 24
The Illawarra-Shoalhaven City is comprised of the land within the following local 25
government areas-- 26
(a) Kiama, 27
(b) City of Shellharbour, 28
(c) City of Shoalhaven, 29
(d) City of Wollongong. 30
Page 12
Greater Cities Commission Bill 2022 [NSW]
Schedule 2 Members and procedure of Commission
Schedule 2 Members and procedure of Commission 1
section 6(7) 2
1 Definitions 3
In this Schedule-- 4
appointed member means a Greater Cities Commissioner or City Commissioner. 5
member means any member of the Commission. 6
2 Terms of office of appointed members 7
(1) Subject to this Schedule and the regulations, an appointed member holds office for 8
the period, not exceeding 4 years, specified in the member's instrument of 9
appointment, but is eligible, if otherwise qualified, for re-appointment. 10
(2) An appointed member may not hold office as a member for more than 8 years in total. 11
3 Basis on which members are appointed 12
(1) An appointed member may be appointed on either a full-time or part-time basis. 13
(2) The Minister may change the basis of the appointment during the member's term of 14
office. 15
4 Remuneration of appointed members 16
(1) A member appointed on a full-time basis is entitled to be paid the remuneration, 17
including travelling and subsistence allowances, determined by the Statutory and 18
Other Offices Remuneration Tribunal. 19
(2) A member appointed on a part-time basis is entitled to be paid the remuneration, 20
including travelling and subsistence allowances, as the Minister may from time to 21
time determine for the member. 22
5 Vacancy in office of member 23
(1) The office of an appointed member becomes vacant if the member-- 24
(a) dies, or 25
(b) completes a term of office and is not re-appointed, or 26
(c) resigns the office by a written instrument addressed to the Minister, or 27
(d) is removed from office by the Minister under this section or by the Governor 28
under the Government Sector Employment Act 2013, Part 6, or 29
(e) is absent from 3 consecutive meetings of the Commission of which reasonable 30
notice has been given to the member personally or by post, except on leave 31
granted by the Minister or unless the member is excused by the Minister for 32
having been absent from the meetings, or 33
(f) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt 34
or insolvent debtors, compounds with the member's creditors or makes an 35
assignment of the member's remuneration for the creditors' benefit, or 36
(g) becomes a mentally incapacitated person, or 37
(h) is convicted in New South Wales of an offence that is punishable by 38
imprisonment for 12 months or more or is convicted elsewhere than in New 39
South Wales of an offence that, if committed in New South Wales, would be 40
an offence so punishable. 41
(2) The Minister may remove an appointed member from office at any time for any 42
reason and without notice. 43
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Greater Cities Commission Bill 2022 [NSW]
Schedule 2 Members and procedure of Commission
(3) However, the Minister must provide a written statement of the reasons for removing 1
the member from office and make the statement publicly available. 2
(4) In particular, the Minister may remove an appointed member from office if the 3
Independent Commission Against Corruption, in a report referred to in the 4
Independent Commission Against Corruption Act 1988, section 74C, recommends 5
consideration be given to the removal of the member from office because of corrupt 6
conduct by the member. 7
(5) The Chief Commissioner is taken to have vacated office as Chief Commissioner if 8
the Chief Commissioner resigns office by written instrument addressed to the 9
Minister or ceases to be a member. 10
6 Filling of vacancy in office of appointed member 11
If the office of an appointed member becomes vacant, a person must, subject to this 12
Act and the regulations, be appointed to fill the vacancy. 13
7 Disclosure of pecuniary interests 14
(1) If-- 15
(a) a member has a direct or indirect pecuniary interest in a matter being 16
considered or about to be considered at a meeting of the Commission, and 17
(b) the interest appears to raise a conflict with the proper performance of the 18
member's duties in relation to the consideration of the matter, 19
the member must, as soon as possible after the relevant facts have come to the 20
member's knowledge, disclose the nature of the interest at a meeting of the 21
Commission. 22
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest 23
of-- 24
(a) the member, or 25
(b) the member's spouse or de facto partner or a relative of the member, or a 26
partner or employer of the member, or 27
(c) a company or other body of which the member, or a nominee, partner or 28
employer of the member, is a member. 29
(3) However, a member is not taken to have a pecuniary interest in a matter as referred 30
to in subsection (2)(b) or (c)-- 31
(a) if the member is unaware of the relevant pecuniary interest of the spouse, de 32
facto partner, relative, partner, employer or company or other body, or 33
(b) just because the member is a member of, or is employed by, a local council or 34
a statutory body or is employed by the Crown, or 35
(c) just because the member is a member of, or a delegate of a local council, a 36
company or other body that has a pecuniary interest in the matter, so long as 37
the member has no beneficial interest in any shares of the company or body. 38
(4) A disclosure by a member at a meeting of the Commission that the member, or a 39
spouse, de facto partner, relative, partner or employer of the member-- 40
(a) is a member, or is in the employment, of a specified company or other body, or 41
(b) is a partner, or is in the employment, of a specified person, or 42
(c) has some other specified interest relating to a specified company or other body 43
or to a specified person, 44
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Greater Cities Commission Bill 2022 [NSW]
Schedule 2 Members and procedure of Commission
is a sufficient disclosure of the nature of the interest in any matter relating to that 1
company or other body or to that person that may arise after the date of the disclosure 2
and that is required to be disclosed under subsection (1). 3
(5) Particulars of any disclosure made under this section must be recorded by the 4
Commission in a book kept for the purpose and that book must be made available for 5
public inspection at a reasonable time for no charge. 6
(6) After a member has disclosed the nature of an interest in a matter, the member must 7
not, unless the Minister or the Commission otherwise determines-- 8
(a) be present during deliberation of the Commission about the matter, or 9
(b) take part in a decision of the Commission about the matter. 10
(7) For the purposes of the making of a determination by the Commission under 11
subsection (6), a member who has a direct or indirect pecuniary interest in a matter 12
to which the disclosure relates must not-- 13
(a) be present during deliberation of the Commission for the purpose of making 14
the determination, or 15
(b) take part in the making by the Commission of the determination. 16
(8) A contravention of this section does not invalidate a decision of the Commission. 17
(9) This section applies to a member of a committee of the Commission and the 18
committee in the same way as it applies to a member of the Commission and the 19
Commission. 20
8 Effect of certain other Acts 21
(1) The provisions of the Government Sector Employment Act 2013 relating to the 22
employment of Public Service employees do not apply to an appointed member. 23
(2) If by or under an Act provision is made-- 24
(a) requiring a person who is the holder of a specified office to devote the whole 25
of the person's time to the duties of the office, or 26
(b) prohibiting the person from engaging in employment outside the duties of the 27
office, 28
the provision does not operate to disqualify the person from holding the office and 29
also the office of a member or from accepting and retaining remuneration payable to 30
the person under this Act as a member. 31
9 General procedure 32
The procedure for the calling of meetings of the Commission and for the conduct of 33
business at those meetings is, subject to this Act and the regulations, to be as 34
determined by the Commission. 35
10 Quorum 36
The quorum for a meeting of the Commission is a majority of the members for the 37
time being and must include-- 38
(a) at least 1 Greater Cities Commissioner, and 39
(b) at least 2 City Commissioners, and 40
(c) at least 1 ex-officio member. 41
Page 15
Greater Cities Commission Bill 2022 [NSW]
Schedule 2 Members and procedure of Commission
11 Presiding member 1
(1) The Chief Commissioner or, in the absence of the Chief Commissioner, a member 2
elected by the members who are present at a meeting of the Commission is to preside 3
at a meeting of the Commission. 4
(2) The presiding member has a deliberative vote and, in the event of an equality of 5
votes, has a second or casting vote. 6
12 Voting 7
A decision supported by a majority of the votes cast at a meeting of the Commission 8
at which a quorum is present is the decision of the Commission. 9
13 Public meetings 10
The Commission may, unless the Minister otherwise directs, conduct its meetings in 11
public, and is required to do so if the Minister directs. 12
14 Transaction of business outside meetings or by electronic means 13
(1) The Commission may, if it thinks fit, transact any of its business by the circulation 14
of papers among all the members of the Commission for the time being, and a written 15
resolution approved in writing by a majority of the members is taken to be a decision 16
of the Commission made at a meeting of the Commission. 17
(2) The Commission may, if it thinks fit, transact any of its business at a meeting at 18
which all or some members participate by telephone or other electronic means, but 19
only if a member who speaks on a matter before the meeting can be heard by the other 20
members. 21
(3) For the purposes of-- 22
(a) the approval of a resolution under subsection (1), or 23
(b) a meeting held in accordance with subsection (2), 24
the Chief Commissioner and each other member have the same voting rights as they 25
have at an ordinary meeting of the Commission. 26
(4) A resolution approved under subsection (1) is, subject to the regulations, to be 27
recorded in the minutes of the meetings of the Commission. 28
(5) Papers may be circulated among the members for the purposes of subsection (1) by 29
electronic means. 30
15 Minutes of meetings 31
(1) The member presiding at a meeting of the Commission must cause minutes to be kept 32
of the proceedings of the meeting. 33
(2) The Chief Executive Officer must cause the minutes of each meeting of the 34
Commission to be published on an appropriate government website within 3 months 35
of the meeting. 36
Page 16
Greater Cities Commission Bill 2022 [NSW]
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the commencement of-- 5
(a) a provision of this Act, or 6
(b) a provision amending this Act. 7
(2) A savings or transitional provision consequent on the commencement of a provision 8
must not be made more than 2 years after the commencement. 9
(3) A savings or transitional provision consequent on the commencement of a provision 10
is repealed 2 years after the commencement. 11
(4) A savings or transitional provision consequent on the commencement of a provision 12
may take effect before the commencement but not before-- 13
(a) for a provision of this Act--the date of assent to this Act, or 14
(b) for a provision amending this Act--the date of assent to the amending Act. 15
(5) A savings or transitional provision taking effect before its publication on the NSW 16
legislation website does not-- 17
(a) affect the rights of a person existing before the publication in a way prejudicial 18
to the person, or 19
(b) impose liabilities on a person for anything done or omitted to be done before 20
the publication. 21
(6) In this section-- 22
person does not include the State or an authority of the State. 23
Part 2 Provisions consequent on enactment of this Act 24
2 Definition 25
In this Part-- 26
former Act means the Greater Sydney Commission Act 2015 as in force immediately 27
before its repeal by this Act. 28
3 Continuation of Commission 29
(1) The Greater Cities Commission under this Act is taken to be the continuation of the 30
Greater Sydney Commission under the former Act immediately before the 31
commencement of this section. 32
(2) The persons holding office as members of the Greater Sydney Commission under the 33
former Act, section 6 immediately before the commencement of this section are 34
taken to have been appointed under the corresponding provision of this Act, section 35
6 for the balance of the persons' terms of office under the former Act. 36
(3) To avoid doubt, a person holding office as members of the Greater Sydney 37
Commission under the former Act, section 6(1)(b) immediately before the 38
commencement of this section is taken to have been appointed under this Act, section 39
6(1)(c) for the balance of the person's term of office under the former Act. 40
Page 17
Greater Cities Commission Bill 2022 [NSW]
Schedule 3 Savings, transitional and other provisions
4 Existing delegations under former Act 1
A delegation of a function under the former Act and in force immediately before the 2
repeal of the former Act is taken to be a delegation of a comparable function under 3
this Act. 4
5 References to Greater Sydney Commission in other Acts and instruments 5
A reference in another Act or an instrument to the Greater Sydney Commission 6
constituted under the former Act is to be read as a reference to the Greater Cities 7
Commission constituted under this Act. 8
6 References to Greater Sydney Region in existing Acts and instruments 9
A reference to the Greater Sydney Region in another Act or an instrument enacted or 10
made before the repeal of the former Act is to be read as a reference to the Greater 11
Sydney Region within the meaning of the former Act immediately before its repeal. 12
7 General savings provision 13
(1) Subject to this Part and the regulations, anything done under or for the purposes of a 14
provision of the former Act is, to the extent the thing had effect immediately before 15
the repeal of the provision, taken to have been done under or for the purposes of the 16
corresponding provision of this Act, if any. 17
(2) Without limiting subsection (1), the exercise of a function by the Greater Sydney 18
Commission under or for the purposes of a provision of the former Act that is a 19
function of the Greater Cities Commission under this Act is taken to have been done 20
by the Greater Cities Commission under or for the purposes of the corresponding 21
provision of this Act. 22
Page 18
Greater Cities Commission Bill 2022 [NSW]
Schedule 4 Amendment of Environmental Planning and Assessment legislation
Schedule 4 Amendment of Environmental Planning and 1
Assessment legislation 2
4.1 Environmental Planning and Assessment Act 1979 No 203 3
[1] The whole Act, except where otherwise amended by this Schedule 4
Omit "Greater Sydney Commission" wherever occurring. 5
Insert instead "Greater Cities Commission". 6
[2] The whole Act, except where otherwise amended by this Schedule 7
Omit "Greater Sydney Region" wherever occurring. 8
Insert instead "Six Cities Region". 9
[3] Section 1.4 Definitions 10
Omit the definition of Greater Sydney Region from section 1.4(1). 11
Insert in alphabetical order-- 12
designated Sydney districts means the following cities within the meaning of 13
the Greater Cities Commission Act 2022-- 14
(a) the Eastern Harbour City, 15
(b) the Central River City, 16
(c) the Western Parkland City. 17
Six Cities Region has the same meaning as in the Greater Cities Commission 18
Act 2022. 19
[4] Sections 2.12(1) and (5)(a) and (d) and 2.17(2) 20
Omit "Greater Sydney Region" wherever occurring. 21
Insert instead "designated Sydney districts". 22
[5] Sections 2.12(5)(a) 23
Omit "the whole of the Region". 24
Insert instead "all of the designated Sydney districts". 25
[6] Section 2.12(2) and (5)(b) 26
Omit "the Greater Sydney Region" wherever occurring. 27
Insert instead "a part within the designated Sydney districts". 28
[7] Section 3.1 Definitions 29
Omit the definition of district from section 3.1(1). Insert instead-- 30
district means-- 31
(a) a city within the meaning of the Greater Cities Commission Act 2022, or 32
(b) a part of a region declared to be a district under section 3.2(b). 33
[8] Sections 3.3(3)(e) and 3.4(4)(e) 34
Omit "Greater Sydney Commission Act 2015" wherever occurring. 35
Insert instead "Greater Cities Commission Act 2022". 36
Page 19
Greater Cities Commission Bill 2022 [NSW]
Schedule 4 Amendment of Environmental Planning and Assessment legislation
[9] Section 3.4 District strategic plans--preparation and content 1
Omit section 3.4(2). Insert instead-- 2
(2) The Greater Cities Commission must prepare a draft district strategic plan for 3
each district within the Six Cities Region, being a city within the meaning of 4
the Greater Cities Commission Act 2022. 5
[10] Section 3.4(6) 6
Insert after section 3.4(5)-- 7
(6) In this section-- 8
dwelling means a room or suite of rooms occupied or used or so constructed 9
or adapted as to be capable of being occupied or used as a separate domicile. 10
planning priorities-- 11
(a) for a district within the Six Cities Region--must include targets, for the 12
periods of 5, 10 and 20 years after the making of the plan, for each local 13
government area in the district, for development consents to be granted 14
by consent authorities for net additional dwellings in the district, and 15
(b) for other districts--may include net additional dwelling targets. 16
[11] Section 3.5 Making and review of regional strategic plans 17
Omit section 3.5(3) and (4). Insert instead-- 18
(3) The document entitled Greater Sydney Region Plan--A Metropolis of Three 19
Cities is taken to be the regional strategic plan made under this Division for 20
the Six Cities Region, but has effect only in relation to the land within the 21
designated Sydney districts. 22
(4) The Greater Cities Commission must review the regional strategic plan and 23
submit a draft regional strategic plan applying to the whole of the Six Cities 24
Region to the Minister, before the end of 2023 and at the end of every 25
subsequent period of 5 years. 26
[12] Section 3.5(6) 27
Omit the subsection. Insert instead-- 28
(6) A failure to comply with a provision of this section does not affect the validity 29
of a regional strategic plan, including the continuing validity of an existing 30
regional strategic plan. 31
[13] Section 10.5 Disclosure and misuse of information 32
Omit "Greater Sydney Commission Act 2015" from section 10.5(6). 33
Insert instead "Greater Cities Commission Act 2022". 34
[14] Schedule 2 Provisions relating to planning bodies 35
Omit "Greater Sydney Region (within the meaning of the Greater Sydney Commission Act 36
2015)" from clause 9. 37
Insert instead "designated Sydney districts". 38
Page 20
Greater Cities Commission Bill 2022 [NSW]
Schedule 4 Amendment of Environmental Planning and Assessment legislation
4.2 Environmental Planning and Assessment (Savings, Transitional and 1
Other Provisions) Regulation 2017 2
Part 7 3
Insert after Part 6-- 4
Part 7 Provisions consequent on enactment of Greater 5
Cities Commission Act 2022 6
31 Definitions 7
In this Part-- 8
city has the same meaning as in the new Act. 9
district strategic plan has the same meaning as in the Act, Division 3.1. 10
former Act means the Greater Sydney Commission Act 2015 as in force 11
immediately before its repeal by the new Act. 12
new Act means the Greater Cities Commission Act 2022. 13
regional strategic plan has the same meaning as in the Act, Division 3.1. 14
Six Cities Region has the same meaning as in the new Act. 15
32 Greater Sydney Regional Plan and Sydney district plans 16
(1) The regional strategic plan entitled Greater Sydney Region Plan--A 17
Metropolis of Three Cities continues to have effect until a regional strategic 18
plan is made for the Six Cities Region. 19
(2) The following district strategic plans continue to have effect until district 20
strategic plans are made for the Eastern Harbour City, the Central River City 21
and the Western Parkland City-- 22
(a) Eastern City District Plan, 23
(b) Central City District Plan, 24
(c) North District Plan, 25
(d) South District Plan, 26
(e) Western City District Plan. 27
33 Illawarra Shoalhaven Regional Plan 2041 28
The Illawarra Shoalhaven Regional Plan 2041 continues to have effect, as if 29
it were a district strategic plan, until a district strategic plan is made for the 30
Illawarra-Shoalhaven City. 31
34 Existing and draft Central Coast Regional Plans 32
(1) The Central Coast Regional Plan 2036 continues to have effect, as if it were 33
a district strategic plan, until the plan referred to in subclause (2) commences. 34
(2) A regional strategic plan for the Central Coast region within the meaning of 35
the Act, Division 3.1, immediately before its amendment by the new Act, is to 36
be prepared and made under the Division as if the Division had not been 37
amended by the new Act. 38
(3) The plan referred to in subclause (2) has effect, as if it were a district strategic 39
plan, until a district strategic plan is made for the Central Coast City. 40
Page 21
Greater Cities Commission Bill 2022 [NSW]
Schedule 4 Amendment of Environmental Planning and Assessment legislation
35 Existing and draft Hunter Regional Plans 1
(1) The Hunter Regional Plan 2036 continues to have effect, as if it were a district 2
strategic plan, until the plan referred to in subclause (2) commences. 3
(2) A regional strategic plan for the Hunter region within the meaning of the Act, 4
Division 3.1, immediately before its amendment by the new Act, is to be 5
prepared and made under the Division as if the Division had not been amended 6
by the new Act. 7
(3) The plan referred to in subclause (2) has effect-- 8
(a) for the Lower Hunter and Greater Newcastle City of the Six Cities 9
Region--as if it were a district strategic plan, until a district strategic 10
plan is made for the City, and 11
(b) for the remainder of the Hunter region--as if it were a regional strategic 12
plan, until a regional strategic plan is for the land. 13
Page 22
Greater Cities Commission Bill 2022 [NSW]
Schedule 5 Consequential amendment of other legislation
Schedule 5 Consequential amendment of other legislation 1
5.1 Biosecurity Act 2015 No 24 2
Schedule 2 Prohibited matter 3
Omit "within the meaning of the Greater Sydney Commission Act 2015" from Part 2. 4
5.2 Defamation Act 2005 No 77 5
Schedule 1 Additional publications to which absolute privilege applies 6
Omit "section 10, 21 or 26 of the Greater Sydney Commission Act 2015" from clause 7
34(1)(b). 8
Insert instead "section 10 or 21 of the Greater Cities Commission Act 2022". 9
5.3 Government Sector Employment Act 2013 No 40 10
Schedule 1 Public Service agencies 11
Omit "Greater Sydney Commission" wherever occurring in Part 2. 12
Insert instead "Greater Cities Commission". 13
5.4 Government Sector Finance Legislation (Repeal and Amendment) Act 14
2018 No 70 15
Schedule 4 Other amendments to legislation 16
Omit Schedule 4.44. Insert instead-- 17
4.44 Greater Cities Commission Act 2022 18
Section 21 19
Omit the section. Insert instead-- 20
21 Annual reporting information to include certain matters 21
The annual reporting information prepared for the Commission under 22
the Government Sector Finance Act 2018 must include a report about 23
the following-- 24
(a) the outcomes achieved by the Commission during the annual 25
reporting period concerned, 26
(b) the implementation of strategic plans made under the Planning 27
Act, Division 3.1 for the Six Cities Region, including information 28
about related monitoring or evaluation undertaken by the 29
Commission, during the annual reporting period concerned. 30
5.5 Infrastructure NSW Act 2011 No 23 31
[1] The Whole Act, except section 8(2)(d) 32
Omit "Premier" wherever occurring. Insert instead "Minister". 33
[2] Schedule 1 Members and procedure of Board of Infrastructure NSW 34
Omit clause 12. 35
Page 23
Greater Cities Commission Bill 2022 [NSW]
Schedule 5 Consequential amendment of other legislation
5.6 Interpretation Act 1987 No 15 1
[1] Section 21 Meanings of commonly used words and expressions 2
Insert in alphabetical order in section 21(1)-- 3
Greater Sydney Region--see Schedule 1. 4
[2] Schedule 1 5
Insert before Schedule 2-- 6
Schedule 1 Greater Sydney Region 7
1 Composition of Greater Sydney Region 8
The Greater Sydney Region means the region comprising the following local 9
government areas-- 10
(a) Bayside, 11
(b) City of Blacktown, 12
(c) City of Blue Mountains, 13
(d) Burwood, 14
(e) Canada Bay, 15
(f) Canterbury-Bankstown, 16
(g) Camden, 17
(h) City of Campbelltown, 18
(i) Cumberland, 19
(j) City of Fairfield, 20
(k) Georges River, 21
(l) City of Hawkesbury, 22
(m) Hornsby, 23
(n) Hunter's Hill, 24
(o) Inner West, 25
(p) Ku-ring-gai, 26
(q) Lane Cove, 27
(r) City of Liverpool, 28
(s) Mosman, 29
(t) North Sydney, 30
(u) Northern Beaches, 31
(v) City of Parramatta, 32
(w) City of Penrith, 33
(x) City of Randwick, 34
(y) City of Ryde, 35
(z) Strathfield, 36
(za) City of Sydney, 37
(zb) Sutherland Shire, 38
(zc) The Hills Shire, 39
Page 24
Greater Cities Commission Bill 2022 [NSW]
Schedule 5 Consequential amendment of other legislation
(zd) Waverley, 1
(ze) City of Willoughby, 2
(zf) Wollondilly, 3
(zg) Woollahra. 4
2 Amendment of area comprising Greater Sydney Region 5
The Governor may make regulations to amend clause 1-- 6
(a) to extend or reduce the Greater Sydney Region, or 7
(b) to rename a local government area. 8
5.7 Protection of the Environment Operations Act 1997 No 156 9
Schedule 1 Scheduled activities 10
Omit "within the meaning of the Greater Sydney Commission Act 2015" from clause 50(1), 11
definition of regulated area. 12
5.8 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 13
Schedule 2 Public offices 14
Omit "Greater Sydney Commission" from Part 1. 15
Insert instead "Greater Cities Commission". 16
Page 25
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