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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Greater Sydney Commission Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to constitute the Greater Sydney Commission (the Commission) as a NSW Government
agency having functions relating to planning and development in the Greater Sydney
Region,
(b) to provide for the constitution of Sydney planning panels for the Greater Sydney Region
which will operate as joint regional planning panels under the Environmental Planning and
Assessment Act 1979 (the Planning Act),
(c) to amend the Planning Act to authorise the Commission to make local environmental plans
under that Act for the Greater Sydney Region and to establish a scheme for strategic
planning in the Greater Sydney Region and other regions declared by the Minister.
Outline of provisions
Part 1 Preliminary
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 or days to be appointed
by proclamation.
Clause 3 defines words and phrases used in the proposed Act. The Greater Sydney Region is the
region identified by the map in Schedule 1 to the proposed Act.
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Greater Sydney Commission Bill 2015 [NSW]
Explanatory note
Clause 4 provides that the regulations may amend Schedule 1 to replace the map so as to extend
or reduce the Greater Sydney Region.
Part 2 Greater Sydney Commission
Division 1 Constitution of Commission
Clause 5 constitutes the Greater Sydney Commission as a body corporate and provides that it is
a NSW Government agency (which has the effect of conferring the status, privileges and
immunities of the Crown on the Commission).
Clause 6 provides that the Commission will consist of persons appointed by the Minister and
3 ex-officio members (being the Secretaries of the Department of Planning and Environment, the
Department of Transport and the Treasury). The appointed persons consist of 4 persons (referred
to as Greater Sydney Commissioners) who will have expertise in specified areas, and those
persons appointed by the Minister to represent the districts declared under proposed
section 75AB (b) of the Planning Act in respect of the Greater Sydney Region (referred to as
District Commissioners). One of the Greater Sydney Commissioners is to be appointed by the
Minister as the Chief Commissioner. The other Greater Sydney Commissioners will have
principal responsibility for the activities of the Commission to the extent they relate to
environmental, social and economic matters.
Clause 7 provides that the Chief Executive Officer of the Commission (who is employed in the
Public Service) is responsible for the day to day management of the affairs of the Commission in
accordance with any directions of the Commission.
Clause 8 provides that staff may be employed in the Public Service to enable the Commission to
exercise its functions.
Division 2 Objectives and functions of Commission
Clause 9 specifies the principal objectives of the Commission which include leading metropolitan
planning for the Greater Sydney Region.
Clause 10 specifies the functions of the Commission which include providing advice and making
recommendations to the Minister on matters relating to planning and development in the Greater
Sydney Region. The Commission has such other functions as are conferred or imposed on it
(including functions delegated to it) under any other Act such as the Planning Act.
Clause 11 enables the Commission to delegate its functions (including functions delegated to it)
to certain authorised persons or bodies.
Division 3 Committees
Clause 12 establishes the Finance and Governance Committee of the Commission which will
comprise the Greater Sydney Commissioners.
Clause 13 establishes the Strategic Planning Committee of the Commission which will comprise
the Greater Sydney Commissioners and the District Commissioners representing the districts of
the Greater Sydney Region in respect of which the Committee is exercising its functions.
Clause 14 establishes the Infrastructure Delivery Committee of the Commission which will
comprise the Greater Sydney Commissioners, the ex-officio members and optional District
Commissioners appointed by the Chief Commissioner.
Clause 15 enables the Commission to establish other committees.
Clause 16 provides for the establishing of subcommittees of any committee of the Commission.
Clause 17 provides for the procedure of committees of the Commission and any subcommittee of
a committee.
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Greater Sydney Commission Bill 2015 [NSW]
Explanatory note
Part 3 Sydney planning panels
Clause 18 enables the Minister to constitute a Sydney planning panel for any part (or for the
whole) of the Greater Sydney Region. A Sydney planning panel is taken to be a joint regional
planning panel under and for the purposes of the Planning Act and the instruments made under
that Act. However the membership of a Sydney planning panel will be determined in accordance
with the proposed Act (see proposed Schedule 3).
Part 4 Miscellaneous
Clause 19 provides that the proposed Act binds the Crown.
Clause 20 requires local councils in the Greater Sydney Region to co-operate with the
Commission in connection with the exercise of its functions.
Clause 21 requires the Commission to report annually on the outcomes achieved by the
Commission and on the implementation of strategic plans made under proposed Part 3B of the
Planning Act for the Greater Sydney Region.
Clause 22 prohibits the disclosure of information obtained in connection with the administration
of the proposed Act.
Clause 23 limits personal liability for matters or things done or omitted to be done in good faith
for the purposes of executing the proposed Act or the provisions of any other Act that confer or
impose functions on the Commission.
Clause 24 provides for proceedings for an offence under the proposed Act to be dealt with
summarily before the Local Court.
Clause 25 provides for the making of regulations for the purposes of the proposed Act.
Clause 26 provides for the review of the proposed Act 5 years after its commencement.
Schedule 1 Greater Sydney Region
Schedule 1 contains a map of the Greater Sydney Region.
Schedule 2 Members and procedure of Commission
Schedule 2 contains standard provisions relating to the members and procedure of the
Commission.
Schedule 3 Sydney planning panels
Schedule 3 contains provisions with respect to the members and procedure of Sydney planning
panels. A Sydney planning panel is to consist of 3 members appointed by the Minister (one of
whom is a District Commissioner) and 2 nominees of an applicable council (being the council of
an area situated in the part of the Greater Sydney Region for which the planning panel is
constituted).
Schedule 4 Savings, transitional and other provisions
Schedule 4 provides for the making of savings and transitional regulations consequent on the
enactment of the proposed Act and Acts that amend it.
Schedule 5 Amendment of Environmental Planning and
Assessment Act 1979 No 203
Schedule 5 [1] and [2] make it clear that the Greater Sydney Commission may be the consent
authority in relation to a development application if legislation so specifies.
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Greater Sydney Commission Bill 2015 [NSW]
Explanatory note
Schedule 5 [3] inserts a definition of Greater Sydney Region for the purposes of the Planning Act.
Schedule 5 [4] adds a note in the definition of joint regional planning panel referring to Part 3
of the proposed Act which provides that a Sydney planning panel constituted under that Part is
taken to be a joint regional planning panel.
Schedule 5 [5] enables certain functions to be delegated to the Greater Sydney Commission.
Schedule 5 [6] makes it clear that the Planning Assessment Commission can exercise functions
delegated to it under Acts other than the Planning Act.
Schedule 5 [7] makes it clear that a joint regional planning panel can exercise functions delegated
to it under the Planning Act or any other Act.
Schedule 5 [9] and [12] provide that the matters in respect of which SEPPs and LEPs may be
made will include matters that are of environmental planning significance to a district under
proposed Part 3B (to be inserted by the proposed Act).
Schedule 5 [11] authorises the Greater Sydney Commission to make local environmental plans
for local government areas in the Greater Sydney Region. Schedule 5 [8] is a consequential
amendment and Schedule 5 [10] precludes the Minister from making local environmental plans
for local government areas in the Greater Sydney Region.
Schedule 5 [13] provides that the Minister may direct that a person or body other than a local
council is the relevant planning authority for a proposed instrument if the Secretary of the
Department of Planning and Environment has recommended that the proposed instrument should
be submitted for a "gateway" determination under section 56 of the Planning Act or should be
made.
Schedule 5 [14] inserts a new Part that makes provision for strategic planning in relation to
regions of the State (being the Greater Sydney Region and any other region declared by the
Minister) and to districts in those regions. Under the proposed Part, draft regional plans and
district plans may be prepared (or required to be prepared) for the region or district concerned.
Once such a plan is made by the Minister (or, in the case of district plans for the Greater Sydney
Region, by the Greater Sydney Commission) it must be published on the NSW planning portal.
The existing document called A Plan for Growing Sydney is taken to be the regional plan for the
Greater Sydney Region and the Greater Sydney Commission will be required to review this initial
plan. The proposed Part also provides for the content, public exhibition and implementation of
plans prepared and made under the proposed Part.
Schedule 6 Amendment of other Acts
Schedule 6.1 amends the Public Finance and Audit Act 1983 to provide for financial auditing and
annual reporting in relation to the Commission.
Schedule 6.2 amends the Statutory and Other Offices Remuneration Act 1975 to provide that the
remuneration payable to any Greater Sydney Commissioner who is appointed to hold office on a
full-time basis is to be determined by the Statutory and Other Offices Remuneration Tribunal.
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First print
New South Wales
Greater Sydney Commission Bill 2015
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Amendment of area comprising Greater Sydney Region 2
Part 2 Greater Sydney 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 4
11 Delegation of Commission's functions 5
Division 3 Committees
12 Finance and Governance Committee 6
13 Strategic Planning Committee 6
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Greater Sydney Commission Bill 2015 [NSW]
Contents
Page
14 Infrastructure Delivery Committee 6
15 Other committees 7
16 Subcommittees 7
17 Procedure for committees and subcommittees 7
Part 3 Sydney planning panels
18 Constitution and functions of Sydney planning panels 8
Part 4 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 Review of Act 10
Schedule 1 Greater Sydney Region 11
Schedule 2 Members and procedure of Commission 12
Schedule 3 Sydney planning panels 16
Schedule 4 Savings, transitional and other provisions 21
Schedule 5 Amendment of Environmental Planning and
Assessment Act 1979 No 203 22
Schedule 6 Amendment of other Acts 29
Page 2
New South Wales
Greater Sydney Commission Bill 2015
No , 2015
A Bill for
An Act to constitute and confer functions on the Greater Sydney Commission and to provide for
the constitution of planning panels for the Greater Sydney Region; to amend the Environmental
Planning and Assessment Act 1979 to make provision in relation to strategic planning; and for
other purposes.
Greater Sydney Commission Bill 2015 [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 Sydney Commission Act 2015. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) 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
Commission means the Greater Sydney Commission constituted under Part 2. 13
District Commissioner means a member of the Commission appointed under 14
section 6 (1) (b). 15
ex-officio member means a member of the Commission referred to in 16
section 6 (1) (c). 17
function includes a power, authority or duty, and exercise a function includes 18
perform a duty. 19
Greater Sydney Commissioner means a member of the Commission appointed under 20
section 6 (1) (a). 21
Greater Sydney Region means the region comprising the local government areas 22
within the boundary shown on the map in Schedule 1. 23
Planning Act means the Environmental Planning and Assessment Act 1979. 24
Sydney planning panel means a Sydney planning panel constituted under Part 3. 25
(2) Notes included in this Act do not form part of this Act. 26
4 Amendment of area comprising Greater Sydney Region 27
The regulations may amend Schedule 1 to replace the map in that Schedule so as to 28
extend or reduce the Greater Sydney Region. 29
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Greater Sydney Commission Bill 2015 [NSW]
Part 2 Greater Sydney Commission
Part 2 Greater Sydney 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 Sydney Commission. 5
(2) The Commission is a NSW Government agency. 6
Note. See section 13A of the Interpretation Act 1987. 7
(3) The Commission is not subject to the control and direction of the Minister (except to 8
the extent specifically provided for in this or any other Act). 9
6 Members of Commission 10
(1) The Commission is to consist of the following members: 11
(a) 4 persons appointed by the Minister (the Greater Sydney Commissioners), 12
each of whom has, in the opinion of the Minister, expertise in at least one of 13
the following areas, namely, environmental sustainability, environmental 14
science, sustainable design, strategic planning, infrastructure planning and 15
delivery, architecture, urban design, traffic and transport, engineering, 16
community development and services, local government, environmental 17
planning law, social justice, property development, community engagement, 18
economics, tourism or heritage, 19
(b) each person appointed by the Minister to represent a district declared under 20
section 75AB (b) of the Planning Act as a district in the Greater Sydney 21
Region (the District Commissioners), being a person who has, in the opinion 22
of the Minister, expertise in at least one of the following areas, namely, 23
planning, architecture, heritage, the environment, urban design, land 24
economics, traffic and transport, law, engineering, tourism or government and 25
public administration, 26
(c) the Secretary of each of the following (the ex-officio members): 27
(i) the Department of Planning and Environment, 28
(ii) the Department of Transport, 29
(iii) the Treasury. 30
(2) One of the Greater Sydney Commissioners is, by the instrument of the 31
Commissioner's appointment as a member or by a subsequent instrument executed 32
by the Minister, to be appointed as the Chief Commissioner of the Commission. 33
(3) Of the 3 other Greater Sydney Commissioners: 34
(a) one is to be appointed by the Minister as the Commissioner with principal 35
responsibility for the activities of the Commission to the extent they relate to 36
environmental matters, and 37
(b) one is to be appointed by the Minister as the Commissioner with principal 38
responsibility for the activities of the Commission to the extent they relate to 39
social matters, and 40
(c) one is to be appointed by the Minister as the Commissioner with principal 41
responsibility for the activities of the Commission to the extent they relate to 42
economic matters. 43
(4) Before appointing a person as a District Commissioner to represent a district in the 44
Greater Sydney Region, the Minister is to seek the advice of the local council of each 45
local government area in that district in relation to the proposed appointment. 46
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Greater Sydney Commission Bill 2015 [NSW]
Part 2 Greater Sydney Commission
However, the Minister is not prevented from making an appointment if a local 1
council fails to provide any such advice when requested to do so. 2
(5) Schedule 2 contains provisions with respect to the members and procedure of the 3
Commission. 4
7 Role of Chief Executive Officer 5
The Chief Executive Officer is responsible for the day to day management of the 6
affairs of the Commission in accordance with any directions of the Commission. 7
8 Staff of Commission 8
(1) Persons may be employed in the Public Service to enable the Commission to exercise 9
its functions. 10
Note. Section 59 of the Government Sector Employment Act 2013 provides that the persons 11
so employed (or whose services the Commission makes use of) may be referred to as officers 12
or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 13
1902 precludes the Commission from employing staff. 14
(2) The Commission may also: 15
(a) arrange for the use of the services or facilities of a public authority within the 16
meaning of the Planning Act, and 17
(b) engage such consultants as it requires to exercise its functions. 18
Division 2 Objectives and functions of Commission 19
9 Principal objectives of Commission 20
The principal objectives of the Commission in exercising its functions are as follows: 21
(a) to lead metropolitan planning for the Greater Sydney Region, 22
(b) to promote orderly development in the Greater Sydney Region, integrating 23
social, economic and environmental considerations with regard to the 24
principles of ecologically sustainable development contained in section 6 (2) 25
of the Protection of the Environment Administration Act 1991, 26
(c) to promote the alignment of Government infrastructure decision-making with 27
land use planning, 28
(d) to promote the supply of housing, including affordable housing, 29
(e) to encourage development that is resilient and takes into account natural 30
hazards, 31
(f) to support ongoing improvement in productivity, liveability and 32
environmental quality. 33
10 Functions of Commission 34
(1) The Commission has the following functions: 35
(a) to provide advice and make recommendations to the Minister on matters 36
relating to planning and development in the Greater Sydney Region, 37
(b) to prepare and provide reports to the Minister on the implementation 38
(including any impediments to the implementation) of any plan or proposal 39
relating to development in the Greater Sydney Region, 40
(c) to provide advice and make recommendations to the Minister on any 41
impediments to the implementation of any plan or proposal relating to 42
development in the Greater Sydney Region, 43
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Greater Sydney Commission Bill 2015 [NSW]
Part 2 Greater Sydney Commission
(d) to provide advice to the Minister on the application of any development fund 1
created under section 129 of the Planning Act in respect of land in the Greater 2
Sydney Region, 3
(e) to assist local councils in the Greater Sydney Region and other government 4
agencies (including an agency of the Commonwealth) on the implementation 5
of any plan or proposal relating to development in the Greater Sydney Region, 6
(f) to provide the Minister with such information, advice or reports as the Minister 7
may request, 8
(g) if requested to do so by a Minister other than the Minister administering this 9
Act (the other Minister), to provide the other Minister with such information, 10
advice or reports as may be requested by the other Minister. 11
(2) Any such other Minister must obtain the approval of the Minister administering this 12
Act before making a request under subsection (1) (g). 13
(3) The Commission has such other functions as are conferred or imposed on it by or 14
under this or any other Act. 15
Note. Those other functions include the power to make local environmental plans under Part 3 16
of the Planning Act and to prepare draft strategic plans for the Greater Sydney Region under 17
Part 3B of that Act. 18
(4) Without limiting subsection (3), the Commission may exercise functions delegated 19
to it under any other Act. 20
11 Delegation of Commission's functions 21
(1) The Commission may delegate to an authorised person or body any of its functions, 22
other than this power of delegation. This power of delegation extends to a function 23
delegated to the Commission, but only if the Commission is authorised in writing by 24
the delegator to delegate the function. 25
(2) A delegate may sub-delegate to an authorised person or body any function delegated 26
by the Commission if the delegate is authorised in writing to do so by the 27
Commission. 28
(3) In this section, authorised person or body means any of the following: 29
(a) a member of the Commission, 30
(b) a committee of the Commission or member of such a committee, 31
(c) a Sydney planning panel or member of such a panel, 32
(d) a member of the staff of the Commission (including the Chief Executive 33
Officer), 34
(e) the Secretary or other person employed in the Department of Planning and 35
Environment, 36
(f) a joint regional planning panel constituted under section 23G of the Planning 37
Act, 38
(g) the Planning Assessment Commission constituted under section 23B of the 39
Planning Act, 40
(h) a local council, or the general manager or other employee of a local council, 41
for any local government area in the Greater Sydney Region, 42
(i) a person or body, or a person or body of a class, authorised by the regulations 43
for the purposes of this section. 44
(4) Section 381 of the Local Government Act 1993 does not apply to a delegation under 45
this section to the general manager or other employee of a local council. 46
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Greater Sydney Commission Bill 2015 [NSW]
Part 2 Greater Sydney Commission
Division 3 Committees 1
12 Finance and Governance Committee 2
(1) There is established a committee of the Commission to be known as the Finance and 3
Governance Committee (the FGC). 4
(2) The members of the FGC are the Greater Sydney Commissioners. 5
(3) The FGC has the following functions: 6
(a) to advise and assist the Commission in connection with such functions of the 7
Commission as are determined by the Minister, 8
(b) to advise and assist the Commission in connection with any of the other 9
functions of the Commission, 10
(c) to advise and assist the Minister on each of the matters for which the Greater 11
Sydney Commissioners have responsibility as referred to in section 6 (3). 12
13 Strategic Planning Committee 13
(1) There is established a committee of the Commission to be known as the Strategic 14
Planning Committee (the SPC). 15
(2) The members of the SPC are as follows: 16
(a) the Greater Sydney Commissioners, 17
(b) the District Commissioners representing the districts of the Greater Sydney 18
Region in respect of which the SPC is exercising its functions. 19
(3) The SPC has the following functions: 20
(a) to advise and assist the Commission in connection with such functions of the 21
Commission as may be determined by the Minister, 22
(b) if requested to do so by the Commission: 23
(i) to prepare draft strategic plans under Part 3B of the Planning Act for the 24
Greater Sydney Region, and 25
(ii) to provide information, advice and quarterly reports on the 26
implementation of strategic plans for the Greater Sydney Region, and 27
(iii) to advise and assist the Commission in connection with any of the other 28
functions of the Commission. 29
14 Infrastructure Delivery Committee 30
(1) There is established a committee of the Commission to be known as the 31
Infrastructure Delivery Committee (the IDC). 32
(2) The members of the IDC are as follows: 33
(a) the Greater Sydney Commissioners, 34
(b) the ex-officio members. 35
(3) The Chief Commissioner may also appoint a District Commissioner as an additional 36
casual member of the IDC for the purposes of exercising specific functions of the 37
IDC in relation to a particular matter. 38
(4) The IDC has the following functions: 39
(a) to advise and assist the Commission in connection with such functions of the 40
Commission as may be determined by the Minister, 41
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Greater Sydney Commission Bill 2015 [NSW]
Part 2 Greater Sydney Commission
(b) if requested to do so by the Commission: 1
(i) to provide information, advice and regular reports on the infrastructure 2
requirements to support housing and employment opportunities in the 3
Greater Sydney Region, and 4
(ii) to advise and assist the Commission in connection with any of the other 5
functions of the Commission. 6
15 Other committees 7
(1) The Commission may establish other committees to give advice and assistance to the 8
Commission in connection with any of its functions. 9
(2) A committee established by the Commission need not include a member of the 10
Commission. 11
16 Subcommittees 12
(1) Any committee of the Commission may establish subcommittees to assist it in 13
connection with the exercise of any of its functions. 14
(2) A subcommittee of a committee of the Commission need not include a member of 15
the committee. 16
17 Procedure for committees and subcommittees 17
(1) The procedure for the calling of meetings of a committee of the Commission and for 18
the conduct of business at those meetings is to be as determined by the Commission 19
or (subject to any determination of the Commission) by the committee. 20
(2) The procedure for the calling of meetings of a subcommittee of a committee of the 21
Commission and for the conduct of business at those meetings is to be as determined 22
by the committee or (subject to any determination of the committee) by the 23
subcommittee. 24
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Greater Sydney Commission Bill 2015 [NSW]
Part 3 Sydney planning panels
Part 3 Sydney planning panels 1
18 Constitution and functions of Sydney planning panels 2
(1) The Minister may, by order published on the NSW legislation website, constitute a 3
Sydney planning panel for the part of the Greater Sydney Region specified in the 4
order. 5
(2) The part of the Greater Sydney Region for which a Sydney planning panel is 6
constituted may comprise the whole of the Region. 7
(3) A Sydney planning panel is taken to be a joint regional planning panel under and for 8
the purposes of the Planning Act and the instruments made under that Act. 9
Accordingly, the provisions of or under that Act (other than section 23G (1) and 10
Schedule 4) that apply to or in respect of a joint regional planning panel apply, 11
subject to the regulations, to or in respect of a Sydney planning panel. 12
Note. Development within the area of the City of Sydney is excluded from the classes of 13
development in respect of which a joint regional planning panel may be authorised by an 14
environmental planning instrument to exercise the consent authority functions of a local 15
council--see clause 2 of Schedule 4A to the Planning Act. 16
(4) Section 23 (1B) of the Planning Act, in its application to a Sydney planning panel, is 17
taken to be modified to authorise the planning panel to delegate, in accordance with 18
that subsection, any of its functions to the general manager or other employee of a 19
local council for a local government area situated wholly or partly in the part of the 20
Greater Sydney Region for which the panel is constituted. Section 381 of the Local 21
Government Act 1993 does not apply to any such delegation to the general manager 22
or other employee of a local council. 23
(5) Subsection (4) does not limit section 23 (1B) of the Planning Act in its application to 24
a Sydney planning panel. 25
(6) If a Sydney planning panel is constituted for a part of the Greater Sydney Region, any 26
joint regional planning panel constituted under section 23G (1) of the Planning Act 27
for that part of the Greater Sydney Region is taken to be abolished on the constitution 28
of the Sydney planning panel. The regulations may contain savings and transitional 29
provisions consequent on the abolition of any such joint regional planning panel. 30
(7) Schedule 3 contains provisions with respect to Sydney planning panels. 31
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Greater Sydney Commission Bill 2015 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous 1
19 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as the legislative 3
power of the Parliament of New South Wales permits, the Crown in all its other 4
capacities. 5
20 Co-operation by local councils 6
A local council in the Greater Sydney Region is, if requested to do so in writing by 7
the Commission: 8
(a) to allow the Commission to have access to, and take copies of, any documents 9
held by the council that are relevant to the functions of the Commission, and 10
(b) to provide the Commission with such staff and facilities, or such other 11
assistance, as may be required to assist the Commission in exercising its 12
functions. 13
21 Annual report to include certain matters 14
The annual report of the Commission required to be prepared under the Annual 15
Reports (Statutory Bodies) Act 1984 is to include a report as to the following: 16
(a) the outcomes achieved by the Commission during the reporting period, 17
(b) the implementation of strategic plans made under Part 3B of the Planning Act 18
for the Greater Sydney Region (including information about any related 19
monitoring or evaluation undertaken by the Commission). 20
22 Disclosure of information 21
A person must not disclose any information obtained in connection with the 22
administration or execution of this Act unless that disclosure is made: 23
(a) with the consent of the person from whom the information was obtained, or 24
(b) in connection with the administration or execution of this Act, or 25
(c) for the purposes of any legal proceedings arising out of this Act or of any 26
report of any such proceedings, or 27
(d) in accordance with a requirement made under the Ombudsman Act 1974, or 28
(e) with other lawful excuse. 29
Maximum penalty: 20 penalty units. 30
23 Exclusion of personal liability 31
(1) A matter or thing done or omitted to be done by: 32
(a) a member of the Commission, or 33
(b) a member of a committee of the Commission or a member of a subcommittee 34
of such a committee, or 35
(c) a member of staff of the Commission (including the Chief Executive Officer), 36
or 37
(d) a person acting under the direction of any person referred to in 38
paragraphs (a)-(c), 39
does not, if the matter or thing was done or omitted to be done in good faith for the 40
purposes of executing this Act, subject any such member or person so acting 41
personally to any action, liability, claim or demand. 42
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Greater Sydney Commission Bill 2015 [NSW]
Part 4 Miscellaneous
(2) A reference in subsection (1) to the execution of this Act includes a reference to the 1
execution of the provisions of any other Act that confer or impose functions on the 2
Commission or a committee of the Commission. 3
24 Nature of proceedings for offences 4
Proceedings for an offence under this Act may be dealt with summarily before the 5
Local Court. 6
25 Regulations 7
The Governor may make regulations, not inconsistent with this Act, for or with 8
respect to any matter that by this Act is required or permitted to be prescribed or that 9
is necessary or convenient to be prescribed for carrying out or giving effect to this 10
Act. 11
26 Review of Act 12
(1) The Minister is to review this Act to determine whether the policy objectives of the 13
Act remain valid and whether the terms of the Act remain appropriate for securing 14
those objectives. 15
(2) The review is to be undertaken as soon as possible after the period of 5 years from 16
the commencement of this Act. 17
(3) A report on the outcome of the review is to be tabled in each House of Parliament 18
within 12 months after the end of the period of 5 years. 19
Page 10
Greater Sydney Commission Bill 2015 [NSW]
Schedule 1 Greater Sydney Region
Schedule 1 Greater Sydney Region
(Sections 3 and 4)
Page 11
Greater Sydney Commission Bill 2015 [NSW]
Schedule 2 Members and procedure of Commission
Schedule 2 Members and procedure of Commission 1
(Section 6 (5)) 2
1 Definitions 3
In this Schedule: 4
appointed member means a Greater Sydney Commissioner or District 5
Commissioner. 6
member means any member of the Commission. 7
2 Terms of office of appointed members 8
(1) Subject to this Schedule and the regulations, an appointed member holds office for 9
such period (not exceeding 4 years) as is specified in the member's instrument of 10
appointment, but is eligible (if otherwise qualified) for re-appointment. 11
(2) An appointed member may not hold office as a member for more than 8 years in total. 12
3 Basis on which members are appointed 13
An appointed member may be appointed on either a full-time or part-time basis. The 14
Minister may change the basis of the appointment during the member's term of 15
office. 16
4 Remuneration of appointed members 17
(1) A member appointed on a full-time basis is entitled to be paid such remuneration 18
(including travelling and subsistence allowances) as is determined by the Statutory 19
and Other Offices Remuneration Tribunal. 20
(2) A member appointed on a part-time basis is entitled to be paid such remuneration 21
(including travelling and subsistence allowances) as the Minister may from time to 22
time determine in respect of the member. 23
5 Vacancy in office of member 24
(1) The office of an appointed member becomes vacant if the member: 25
(a) dies, or 26
(b) completes a term of office and is not re-appointed, or 27
(c) resigns the office by instrument in writing addressed to the Minister, or 28
(d) is removed from office by the Minister under this clause or by the Governor 29
under Part 6 of the Government Sector Employment Act 2013, or 30
(e) is absent from 3 consecutive meetings of the Commission of which reasonable 31
notice has been given to the member personally or by post, except on leave 32
granted by the Minister or unless the member is excused by the Minister for 33
having been absent from those meetings, or 34
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 35
bankrupt or insolvent debtors, compounds with his or her creditors or makes 36
an assignment of his or her remuneration for their benefit, or 37
(g) becomes a mentally incapacitated person, or 38
(h) is convicted in New South Wales of an offence that is punishable by 39
imprisonment for 12 months or more or is convicted elsewhere than in New 40
South Wales of an offence that, if committed in New South Wales, would be 41
an offence so punishable. 42
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 2 Members and procedure of Commission
(2) The Minister may remove an appointed member from office at any time for any or 1
no stated reason and without notice. 2
(3) In particular, the Minister may remove an appointed member from office if the 3
Independent Commission Against Corruption, in a report referred to in section 74C 4
of the Independent Commission Against Corruption Act 1988, recommends that 5
consideration be given to the removal of the member from office because of corrupt 6
conduct by the member. 7
(4) The Chief Commissioner is taken to have vacated office as Chief Commissioner if 8
he or she resigns office by instrument in writing addressed to the Minister or ceases 9
to be a member. 10
6 Filling of vacancy in office of appointed member 11
If the office of any appointed member becomes vacant, a person is, subject to this Act 12
and the regulations, to 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 subclause (2) (b) or (c): 31
(a) if the member is unaware of the relevant pecuniary interest of the spouse, 32
de 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
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 2 Members and procedure of Commission
(c) has some other specified interest relating to a specified company or other body 1
or to a specified person, 2
is a sufficient disclosure of the nature of the interest in any matter relating to that 3
company or other body or to that person that may arise after the date of the disclosure 4
and that is required to be disclosed under subclause (1). 5
(5) Particulars of any disclosure made under this clause must be recorded by the 6
Commission in a book kept for the purpose and that book must be made available for 7
inspection by any person at any reasonable time for no charge. 8
(6) After a member has disclosed the nature of an interest in any matter, the member 9
must not, unless the Minister or the Commission otherwise determines: 10
(a) be present during any deliberation of the Commission with respect to the 11
matter, or 12
(b) take part in any decision of the Commission with respect to the matter. 13
(7) For the purposes of the making of a determination by the Commission under 14
subclause (6), a member who has a direct or indirect pecuniary interest in a matter to 15
which the disclosure relates must not: 16
(a) be present during any deliberation of the Commission for the purpose of 17
making the determination, or 18
(b) take part in the making by the Commission of the determination. 19
(8) A contravention of this clause does not invalidate any decision of the Commission. 20
(9) This clause applies to a member of a committee of the Commission and the 21
committee in the same way as it applies to a member of the Commission and the 22
Commission. 23
8 Effect of certain other Acts 24
(1) The provisions of the Government Sector Employment Act 2013 relating to the 25
employment of Public Service employees do not apply to an appointed member. 26
(2) If by or under any Act provision is made: 27
(a) requiring a person who is the holder of a specified office to devote the whole 28
of his or her time to the duties of that office, or 29
(b) prohibiting the person from engaging in employment outside the duties of that 30
office, 31
the provision does not operate to disqualify the person from holding that office and 32
also the office of a member or from accepting and retaining any remuneration 33
payable to the person under this Act as a member. 34
9 General procedure 35
The procedure for the calling of meetings of the Commission and for the conduct of 36
business at those meetings is, subject to this Act and the regulations, to be as 37
determined by the Commission. 38
10 Quorum 39
The quorum for a meeting of the Commission is a majority of the members for the 40
time being and must include: 41
(a) at least one Greater Sydney Commissioner, and 42
(b) at least 2 District Commissioners, and 43
(c) at least one ex-officio member. 44
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Greater Sydney Commission Bill 2015 [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 15
resolution in writing approved in writing by a majority of those members is taken to 16
be a decision 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 members (or some members) participate by telephone or other electronic 19
means, but only if any member who speaks on a matter before the meeting can be 20
heard by the other members. 21
(3) For the purposes of: 22
(a) the approval of a resolution under subclause (1), or 23
(b) a meeting held in accordance with subclause (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 subclause (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 subclause (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
16 First meeting 37
The Minister may call the first meeting of the Commission in such manner as the 38
Minister thinks fit. 39
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 3 Sydney planning panels
Schedule 3 Sydney planning panels 1
(Section 18 (7)) 2
1 Definitions 3
In this Schedule: 4
applicable council means the council of an area that is situated (wholly or partly) in 5
a part of the Greater Sydney Region for which a Sydney planning panel is 6
constituted. 7
chairperson means the person appointed by the Minister as chairperson of a Sydney 8
planning panel. 9
member means a member of a Sydney planning panel. 10
2 Members of Sydney planning panels 11
(1) A Sydney planning panel is to consist of the following 5 members: 12
(a) 3 members appointed by the Minister (the State members), one of whom is to 13
be a District Commissioner, 14
(b) 2 nominees of an applicable council (the council nominees) who are 15
councillors, members of council staff or other persons nominated by the 16
council. 17
(2) The State members of a Sydney planning panel are to be persons who have expertise 18
in at least one area of planning, architecture, heritage, the environment, urban design, 19
land economics, traffic and transport, law, engineering, tourism or government and 20
public administration. In appointing State members, the Minister is to have regard to 21
the need to have a range of expertise represented among the panel's members. 22
(3) At least one of the council nominees of a Sydney planning panel is to be a person who 23
has expertise in at least one area of planning, architecture, heritage, the environment, 24
urban design, land economics, traffic and transport, law, engineering or tourism. 25
(4) The State member who is a District Commissioner is to be appointed by the Minister 26
as chairperson of the Sydney planning panel. 27
(5) Each applicable council is to nominate 2 persons as council nominees for the 28
purposes of the Sydney planning panel. If an applicable council fails to nominate one 29
or more council nominees, a Sydney planning panel is not required to include 30
2 council nominees for the purposes of exercising its functions in relation to the area 31
of the council concerned. 32
3 Rotation of council nominees 33
(1) For the purposes of exercising the functions of a Sydney planning panel in relation 34
to a matter, the council nominees are to be those nominated by the applicable council 35
for the land to which the matter relates. 36
(2) Subject to this Schedule, a council nominee remains eligible to participate as a 37
member of a Sydney planning panel for such period (not exceeding 4 years) as is 38
specified in the nominee's instrument of nomination, but is eligible (if otherwise 39
qualified) for re-nomination. 40
4 Rotation of chairperson of planning panel 41
For the purposes of exercising the functions of a Sydney planning panel in relation 42
to a matter, the chairperson of the planning panel is to be the District Commissioner 43
appointed under section 6 (1) (b) to represent the district in which the land to which 44
the matter relates is situated. 45
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 3 Sydney planning panels
5 Term of office of State members 1
(1) Subject to this Schedule, a State member holds office for such period (not exceeding 2
4 years) as is specified in the member's instrument of appointment. 3
(2) That period may be determined by reference to the occurrence of a specified event or 4
completion of the exercise of particular functions of a Sydney planning panel. 5
(3) A State member is eligible (if otherwise qualified) for re-appointment. 6
(4) A person may not hold office as a State member of a Sydney planning panel for more 7
than 8 years in total. 8
6 Basis of office 9
The office of a member is a part-time office. 10
7 Remuneration 11
A member is entitled to be paid such remuneration (including travelling and 12
subsistence allowances) as the Minister may from time to time determine in respect 13
of the member. 14
8 Deputy chairperson 15
(1) The members of a Sydney planning panel may elect a State member to be the deputy 16
chairperson of the planning panel. 17
(2) The person may be elected for the duration of the person's term of office as a member 18
or for a shorter term. 19
9 Alternates 20
(1) The Minister may, from time to time, appoint a person to be the alternate of a State 21
member, and may revoke any such appointment. 22
(2) An applicable council may, from time to time, appoint a person to be the alternate of 23
a member nominated by the council, and may revoke any such appointment. 24
(3) In the absence of a member, the member's alternate may, if available, act in the place 25
of the member. 26
(4) While acting in the place of a member, a person has all the functions of the member 27
and is taken to be a member. 28
(5) A person while acting in the place of a member is entitled to be paid such 29
remuneration (including travelling and subsistence allowances) as the Minister may 30
from time to time determine in respect of the person. 31
(6) A person may be appointed as the alternate of 2 or more members, but has only one 32
vote at any meeting of the Sydney planning panel. 33
10 Vacancy in office of member 34
(1) The office of a member becomes vacant if the member: 35
(a) dies, or 36
(b) completes a term of office and is not re-appointed, or 37
(c) resigns the office by instrument in writing addressed to the Minister or 38
applicable council, as the case requires, or 39
(d) in the case of a council nominee, is removed from office by an applicable 40
council under this clause or by the Minister under subclause (2), or 41
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 3 Sydney planning panels
(e) in the case of a State member, is removed from office by the Minister or by the 1
Governor under Part 6 of the Government Sector Employment Act 2013, or 2
(f) is absent from 3 consecutive meetings of the Sydney planning panel of which 3
reasonable notice has been given to the member personally or by post, except 4
on leave granted by the panel or unless the member is excused by the planning 5
panel for having been absent from those meetings, or 6
(g) becomes bankrupt, applies to take the benefit of any law for the relief of 7
bankrupt or insolvent debtors, compounds with his or her creditors or makes 8
an assignment of his or her remuneration for their benefit, or 9
(h) becomes a mentally incapacitated person, or 10
(i) is convicted in New South Wales of an offence that is punishable by 11
imprisonment for 12 months or more or is convicted elsewhere than in New 12
South Wales of an offence that, if committed in New South Wales, would be 13
an offence so punishable. 14
(2) The Minister may remove a member from office if the Independent Commission 15
Against Corruption, in a report referred to in section 74C of the Independent 16
Commission Against Corruption Act 1988, recommends that consideration be given 17
to the removal of the member from office because of corrupt conduct by the member. 18
(3) The Minister may remove a State member from office at any time for any or no stated 19
reason and without notice. 20
(4) An applicable council may remove any of its council nominees from office at any 21
time for any or no stated reason and without notice. 22
11 Filling of vacancy in office of member 23
If the office of a member becomes vacant, a person may, subject to this Act and the 24
regulations, be appointed to fill the vacancy. 25
12 Chairperson 26
(1) The chairperson vacates office as chairperson if he or she: 27
(a) is removed from that office by the Minister, or 28
(b) resigns that office by instrument in writing addressed to the Minister, or 29
(c) ceases to be a member of the Sydney planning panel or the Commission. 30
(2) The Minister may at any time remove the chairperson from office as chairperson for 31
any or no stated reason and without notice. 32
13 Disclosure of pecuniary interests 33
(1) If: 34
(a) a member has a pecuniary interest in a matter being considered or about to be 35
considered at a meeting of the Sydney planning panel, and 36
(b) the interest appears to raise a conflict with the proper performance of the 37
member's duties in relation to the consideration of the matter, 38
the member must, as soon as possible after the relevant facts have come to the 39
member's knowledge, disclose the nature of the interest at a meeting of the planning 40
panel. 41
(2) A member has a pecuniary interest in a matter if the pecuniary interest is the interest 42
of: 43
(a) the member, or 44
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 3 Sydney planning panels
(b) the member's spouse or de facto partner or a relative of the member, or a 1
partner or employer of the member, or 2
(c) a company or other body of which the member, or a nominee, partner or 3
employer of the member, is a member. 4
(3) However, a member is not taken to have a pecuniary interest in a matter as referred 5
to in subclause (2) (b) or (c): 6
(a) if the member is unaware of the relevant pecuniary interest of the spouse, 7
de facto partner, relative, partner, employer or company or other body, or 8
(b) just because the member is a member of, or is employed by, a council or a 9
statutory body or is employed by the Crown, or 10
(c) just because the member is a member of, or a delegate of a council, a company 11
or other body that has a pecuniary interest in the matter, so long as the member 12
has no beneficial interest in any shares of the company or body. 13
(4) A disclosure by a member at a meeting of the Sydney planning panel that the 14
member, or a spouse, de facto partner, relative, partner or employer of the member: 15
(a) is a member, or is in the employment, of a specified company or other body, or 16
(b) is a partner, or is in the employment, of a specified person, or 17
(c) has some other specified interest relating to a specified company or other body 18
or to a specified person, 19
is a sufficient disclosure of the nature of the interest in any matter relating to that 20
company or other body or to that person which may arise after the date of the 21
disclosure and which is required to be disclosed under subclause (1). 22
(5) Particulars of any disclosure made under this clause must be recorded by the Sydney 23
planning panel in a book kept for the purpose and that book must be made available 24
for inspection by any person at any reasonable time for no charge. 25
(6) After a member has disclosed the nature of an interest in any matter, the member 26
must not, unless the Minister or the Sydney planning panel otherwise determines: 27
(a) be present during any deliberation of the planning panel with respect to the 28
matter, or 29
(b) take part in any decision of the planning panel with respect to the matter. 30
(7) For the purposes of the making of a determination by the Sydney planning panel 31
under subclause (6), a member who has a direct or indirect pecuniary interest in a 32
matter to which the disclosure relates must not: 33
(a) be present during any deliberation of the planning panel for the purpose of 34
making the determination, or 35
(b) take part in the making by the planning panel of the determination. 36
(8) A contravention of this clause does not invalidate any decision of the Sydney 37
planning panel. 38
14 Effect of certain other Acts 39
(1) The provisions of the Government Sector Employment Act 2013 relating to the 40
employment of Public Service employees do not apply to a member. 41
(2) If by or under any Act provision is made: 42
(a) requiring a person who is the holder of a specified office to devote the whole 43
of his or her time to the duties of that office, or 44
(b) prohibiting the person from engaging in employment outside the duties of that 45
office, 46
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 3 Sydney planning panels
the provision does not operate to disqualify the person from holding that office and 1
also the office of a member or from accepting and retaining any remuneration 2
payable to the person under this Act as a member. 3
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
Schedule 4 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 enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 5 Amendment of Environmental Planning and 1
Assessment Act 1979 No 203 2
[1] Section 4 Definitions 3
Insert "the Greater Sydney Commission," after "a Minister," in paragraph (b) of the 4
definition of consent authority in section 4 (1). 5
[2] Section 4 (1), definition of "consent authority" 6
Omit "that Minister, Commission, panel or authority, as the case may be" from 7
paragraph (b). 8
Insert instead "that Minister or the Greater Sydney Commission, Planning Assessment 9
Commission, panel or authority, as the case requires". 10
[3] Section 4 (1) 11
Insert in alphabetical order: 12
Greater Sydney Region has the same meaning it has in the Greater Sydney 13
Commission Act 2015. 14
[4] Section 4 (1), definition of "joint regional planning panel" 15
Insert at the end of the definition: 16
Note. See also Part 3 of the Greater Sydney Commission Act 2015 which provides that 17
a Sydney planning panel constituted under that Part is taken to be a joint regional 18
planning panel under and for the purposes of this Act and the instruments made under 19
this Act. 20
[5] Section 23 Delegation 21
Insert after section 23 (1) (e): 22
(e1) the Greater Sydney Commission, 23
[6] Section 23D Functions of Commission 24
Omit "this Act" from section 23D (1) (a). Insert instead "this or any other Act". 25
[7] Section 23G Joint regional planning panels 26
Insert after section 23G (3): 27
(3A) Without limiting subsection (3), a regional panel may exercise functions 28
delegated to it under this or any other Act. 29
[8] Section 24 Making of environmental planning instruments 30
Insert ", or by the Greater Sydney Commission in the case of the Greater Sydney Region," 31
after "(or delegate)" in section 24 (2) (b). 32
[9] Section 37 Governor may make environmental planning instruments (SEPPs) 33
Insert "or of environmental planning significance to a district within the meaning of 34
Part 3B" after "significance" in section 37 (2). 35
[10] Section 53 Minister may make environmental planning instruments for local areas 36
(LEPs) 37
Insert after section 53 (2): 38
(3) Despite subsection (1), the Minister may not make a local environmental plan 39
in respect of any local government area in the Greater Sydney Region. 40
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
However, this subsection does not prevent the Minister from giving directions 1
under section 117 to a council or other public authority on any matter relating 2
to the Greater Sydney Region. 3
[11] Section 53A 4
Insert after section 53: 5
53A Greater Sydney Commission may make LEPs for local areas in Greater Sydney 6
Region 7
(1) The Greater Sydney Commission may make environmental planning 8
instruments for the purposes of environmental planning in each local 9
government area in the Greater Sydney Region. Any such instrument may be 10
called a local environmental plan (or LEP). 11
(2) For the purposes of the making of LEPs that apply to local government areas 12
in the Greater Sydney Region, a reference to the Minister in section 15, 13
33B (4) or (5), 54 (1), (2) (a), (c) or (d) or (4), 56, 58, 59, 73A (1) (c), 14
74D (5) (b) or 74F is to be construed as a reference to the Greater Sydney 15
Commission. 16
[12] Section 54 Relevant planning authority 17
Insert "or of environmental planning significance to a district within the meaning of 18
Part 3B" after "significance" in section 54 (2) (a). 19
[13] Section 54 (2) (c1) 20
Insert after section 54 (2) (c): 21
(c1) a recommendation has been provided under section 15 (b) that the 22
proposed instrument should be submitted for a determination under 23
section 56 or that the proposed instrument should be made, 24
[14] Part 3B 25
Insert before Part 4: 26
Part 3B Strategic planning 27
75AA Interpretation 28
(1) In this Part: 29
district means a part of a region declared to be a district under 30
section 75AB (b). 31
district plan means a district plan made under this Part. 32
region means: 33
(a) the Greater Sydney Region, or 34
(b) any other area declared to be a region under section 75AB (a). 35
regional plan means a plan made under this Part. 36
relevant strategic planning authority means: 37
(a) in the case of the Greater Sydney Region--the Greater Sydney 38
Commission, or 39
(b) in the case of any other region--the Secretary or any other person or 40
body prescribed by the regulations for the purposes of this paragraph. 41
strategic plan means a regional plan or a district plan. 42
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
(2) For the purposes of this Part, preparing or making a strategic plan includes 1
preparing or making a strategic plan to amend, replace or repeal a strategic 2
plan. 3
75AB Declaration of regions and districts 4
The Minister may, by order published on the NSW planning portal, declare: 5
(a) any area of the State (other than the Greater Sydney Region) to be a 6
region for the purposes of this Part, and 7
(b) any part of the Greater Sydney Region or other region to be a district for 8
the purposes of this Part. 9
75AC Regional plans--preparation and content 10
(1) The relevant strategic planning authority for a region may, or must if directed 11
to do so by the Minister, prepare a draft regional plan for the region. 12
(2) A draft regional plan must include or identify the following: 13
(a) the basis for strategic planning in the region, having regard to economic, 14
social and environmental matters, 15
(b) a vision statement and objectives consistent with the vision statement, 16
(c) strategies and actions for achieving those objectives, 17
(d) the basis on which the relevant strategic planning authority is to monitor 18
and report on the implementation of those actions, 19
(e) such other matters as the relevant strategic planning authority considers 20
relevant to planning for the region. 21
(3) In preparing a draft regional plan, the relevant strategic planning authority is 22
to have regard to the following: 23
(a) State environmental planning policies that apply to the region, 24
(b) any other strategic plan that applies to the region, 25
(c) any 20-year State infrastructure strategy, 5-year infrastructure plan and 26
sectoral State infrastructure strategy statement under Part 4 of the 27
Infrastructure NSW Act 2011, 28
(d) any other relevant government policies and plans in force at the time the 29
draft plan is prepared, 30
(e) in the case of a draft plan that applies to the Greater Sydney Region-- 31
any report prepared by the Strategic Planning Committee constituted 32
under the Greater Sydney Commission Act 2015, 33
(f) any matter that the Minister directs the relevant strategic planning 34
authority to have regard to in preparing the draft plan, 35
(g) any other matters the relevant strategic planning authority considers 36
relevant. 37
(4) If there is no district plan for any part of the region, the draft regional plan may 38
identify for that part of the region matters that may be identified in a district 39
plan (until there is a district plan). 40
75AD District plans--preparation and content 41
(1) The relevant strategic planning authority for a region (other than the Greater 42
Sydney Region) may, or must if directed to do so by the Minister, prepare a 43
draft district plan for a district in the region. 44
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
(2) If a district is declared for the Greater Sydney Region, the Greater Sydney 1
Commission is to prepare a draft district plan for the district, and ensure that 2
the public exhibition of the draft plan commences, within the period of 3
12 months after the district is declared. 4
(3) A draft district plan must include or identify the following: 5
(a) the basis for strategic planning in the district, having regard to 6
economic, social and environmental matters, 7
(b) the planning priorities for the district that are consistent with the 8
objectives, strategies and actions specified in the regional plan for the 9
region in respect of which the district is part, 10
(c) the actions required for achieving those planning priorities, 11
(d) the basis on which the relevant strategic planning authority is to monitor 12
and report on the implementation of those actions, 13
(e) areas of State, regional or district significance, including priority 14
growth areas, 15
(f) such other matters as the relevant strategic planning authority considers 16
relevant to planning for the district. 17
(4) In preparing a draft district plan, the relevant strategic planning authority is to 18
have regard to the following: 19
(a) any environmental planning instrument applying to the district, 20
(b) any other strategic plan that applies to the district (including areas 21
adjoining the district), 22
(c) any 20-year State infrastructure strategy, 5-year infrastructure plan and 23
sectoral State infrastructure strategy statement under Part 4 of the 24
Infrastructure NSW Act 2011, 25
(d) any other relevant government policies and plans in force at the time the 26
draft plan is prepared, 27
(e) in the case of a draft plan that applies to a district in the Greater Sydney 28
Region--any report prepared by the Strategic Planning Committee 29
constituted under the Greater Sydney Commission Act 2015, 30
(f) any matter that the Minister directs the relevant strategic planning 31
authority to have regard to in preparing the draft plan, 32
(g) any other matters the relevant strategic planning authority considers 33
relevant. 34
(5) If there is no regional plan for any part of the district concerned, the draft 35
district plan may identify for that part of the district matters that may be 36
identified in a regional plan (until there is a regional plan). 37
75AE Making and review of regional plans 38
(1) The relevant strategic planning authority for a region may, or must if directed 39
to do so by the Minister, submit a draft regional plan it has prepared to the 40
Minister. 41
(2) The Minister may make a regional plan in the form in which it is submitted or 42
with such modifications as the Minister considers appropriate. The Minister 43
may decide not to make the draft plan. 44
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Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
(3) The document entitled A Plan for Growing Sydney, published on the website 1
of the Department and in force as at the commencement of this Part, is taken 2
to be the regional plan made under this Part for the Greater Sydney Region 3
(the initial GSR plan). 4
(4) The Greater Sydney Commission is to review the initial GSR plan before the 5
end of 2017 and at the end of every subsequent period of 5 years. 6
(5) The relevant strategic planning authority for a region other than the Greater 7
Sydney Region is to review any regional plan for the region at such times and 8
in such manner as the Minister may direct. 9
(6) Following any review under subsection (4) or (5), the Minister may make a 10
regional plan for the region concerned. 11
75AF Making of district plans 12
(1) The relevant strategic planning authority for a region other than the Greater 13
Sydney Region may, or must if directed to do so by the Minister, submit a draft 14
district plan it has prepared to the Minister. 15
(2) The Minister may make a district plan in the form in which it is submitted or 16
with such modifications as the Minister considers appropriate. The Minister 17
may decide not to make the draft plan. 18
(3) A district plan for a district in the Greater Sydney Region may be made by the 19
Greater Sydney Commission. 20
(4) The Greater Sydney Commission is to review a district plan every 5 years after 21
it is made by the Commission. 22
75AG Publication and commencement of strategic plans 23
A strategic plan: 24
(a) must be published on the NSW planning portal, and 25
(b) commences on the date of publication or a later date specified in the 26
plan. 27
75AH Mandatory public exhibition requirements 28
(1) A draft strategic plan must be publicly exhibited for a period of at least 29
45 days. 30
(2) Before a proposed strategic plan is prepared for public exhibition, the relevant 31
strategic planning authority is to give public notice of the ways in which the 32
community can participate in the preparation of the draft plan. 33
(3) In making a strategic plan, the Minister or, in the case of a district plan for a 34
district in the Greater Sydney Region, the Greater Sydney Commission is to 35
have regard to any submissions (or summary of submissions) that have been 36
made about the draft strategic plan. 37
75AI Implementation of strategic plans 38
(1) In preparing a draft district plan, the relevant strategic planning authority is to 39
give effect to any regional plan applying to the region in respect of which the 40
district is part. 41
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
(2) In preparing a planning proposal under section 55, the relevant planning 1
authority is to give effect: 2
(a) to any district plan applying to the local government area to which the 3
planning proposal relates (including any adjoining local government 4
area), or 5
(b) if there is no district plan applying to the local government area--to any 6
regional plan applying to the region in respect of which the local 7
government area is part. 8
(3) As soon as practicable after a district plan is made, the council for each local 9
government area in the district to which the plan applies must review the local 10
environmental plans for the area and prepare such planning proposals under 11
section 55 as are necessary to give effect to the district plan. 12
(4) In addition to the requirement under subsection (3), the council for each local 13
government area in the Greater Sydney Region must, on the making of a 14
district plan that applies to that area, report to the Greater Sydney 15
Commission: 16
(a) on the review by the council of the local environmental plans for the 17
area, and 18
(b) on the preparation of planning proposals under section 55 to give effect 19
to the district plan. 20
75AJ Dispensing with conditions precedent to making strategic plans 21
(1) For the purposes of doing any one or more of the following, a strategic plan 22
may be made without compliance with the conditions precedent under this Part 23
to the making of strategic plans: 24
(a) to correct an obvious error or misdescription, 25
(b) to make changes that will not have any significant adverse impact on the 26
environment or adjoining land, 27
(c) to make provision for matters that are, in the opinion of the Minister, of 28
State or regional significance or of significance to a district (but only if 29
the proposed plan has been publicly exhibited for the period determined 30
by the Minister). 31
(2) The publication of a strategic plan made in reliance on subsection (1) is to 32
contain a statement that it is so made. 33
75AK Legal proceedings relating to strategic planning 34
(1) In this section: 35
legal proceedings means proceedings for an order under Division 3 of Part 6 36
or any other kind of legal proceedings (other than criminal proceedings). 37
(2) Legal proceedings (other than those instituted by or with the approval of the 38
Minister) in relation to the validity of a strategic plan cannot be instituted after 39
the period of 3 months following the publication of the strategic plan on the 40
NSW planning portal. 41
(3) The only requirement of or made under this Part in relation to a strategic plan 42
that is mandatory is the requirement to publicly exhibit the draft plan for a 43
period of 45 days. 44
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Schedule 5 Amendment of Environmental Planning and Assessment Act 1979 No 203
(4) Nothing in this Part prevents a local environmental plan from being made or 1
invalidates the plan once it is made. 2
(5) This section applies despite any other provision of this Act or any other Act or 3
law. 4
75AL Regulations relating to strategic planning 5
The regulations may make provision for or with respect to the following: 6
(a) the review of strategic plans, 7
(b) the appointment and functions of relevant strategic planning authorities 8
for regions other than the Greater Sydney Region, 9
(c) the form and content of strategic plans (including the standardisation of 10
the provisions of strategic plans), 11
(d) requirements for the submission of reports and documents relating to 12
the preparation and review of strategic plans, 13
(e) the public exhibition and notice requirements for proposed strategic 14
plans, 15
(f) any other matter relating to the strategic planning framework under this 16
Part (including, without limitation, the preparation, making and online 17
delivery of strategic plans). 18
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Greater Sydney Commission Bill 2015 [NSW]
Schedule 6 Amendment of other Acts
Schedule 6 Amendment of other Acts 1
6.1 Public Finance and Audit Act 1983 No 152 2
Schedule 2 Statutory bodies 3
Insert in alphabetical order: 4
Greater Sydney Commission 5
6.2 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 6
Schedule 2 Public offices 7
Insert at the end of Part 1: 8
Full-time appointed member of the Greater Sydney Commission 9
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