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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Housing Amendment Bill 2025
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Housing Act 2001 No 52 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2025
New South Wales
Housing Amendment Bill 2025
Act No , 2025
An Act to amend the Housing Act 2001 to enable the Minister to exercise the same functions as
the NSW Land and Housing Corporation; to make provision for the transfer of assets, rights and
liabilities; and for the purpose of effecting statute law revision.
Housing Amendment Bill 2025 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Housing Amendment Act 2025.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Housing Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Housing Act 2001 No 52
Schedule 1 Amendment of Housing Act 2001 No 52
[1] Section 3 Definitions
Omit the definition of Department. Insert instead--
Department means the department in which this Act is administered.
[2] Section 3, definition of "public housing"
Insert "or Minister" after "means housing owned or leased by the Corporation".
[3] Section 6 Establishment of New South Wales Land and Housing Corporation
Omit "of the Department of Planning, Industry and Environment" wherever occurring in
section 6(2) and (3).
[4] Part 4 Acquisition, sale, development and management of land and property
Insert after Division 5--
Division 6 Functions of Minister in relation to land and property
35A Exercise of functions
The Minister must not exercise a function under, or conferred by, this division
unless for a purpose that is consistent with the objects of this Act.
35B Dealing with property
The Minister may purchase, exchange, take on lease, hold, dispose of and
otherwise deal with property.
35C Acquisition of land
(1) The Minister may, for the purposes of this Act, acquire land, including an
interest in land, by agreement or by compulsory process in accordance with the
Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works and Procurement Act 1912, an
acquisition of land by the Minister is taken to be for an authorised work and
the Minister is, in relation to that authorised work, taken to be the Constructing
Authority.
(3) The Public Works and Procurement Act 1912, sections 34, 35, 36 and 37 do
not apply to works constructed under this Act.
35D Power to accept gifts
(1) The Minister may acquire by gift, bequest or devise any property for any of the
purposes of this Act and may agree to, and carry out the conditions of, the gift,
bequest or devise.
(2) The rule of law relating to remoteness of vesting does not apply to a condition
of a gift, bequest or devise to which the Minister has agreed.
35E Surrender of land
(1) The Minister may accept a surrender of land leased, dedicated or granted under
this Act.
(2) For this section--
(a) section 19(2)-(6) is taken to apply to the Minister in relation to the
acceptance of a surrender of land under this section, and
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Housing Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Housing Act 2001 No 52
(b) references to the Corporation in section 19(2)-(6) are to be read as
references to the Minister.
35F Functions of Corporation apply to Minister
(1) The Minister has the same functions as the Corporation has under relevant
legislation.
(2) For this section, the provisions of relevant legislation extend to the Minister as
if references in the provisions to the Corporation, however described, include
references to the Minister.
(3) To avoid doubt, sections 69, 69A, 69C, 72B, 73 and 74(2) extend to the
Minister as if a reference in the provision to the Corporation includes a
reference to the Minister.
(4) Despite subsections (1)-(3), the following provisions do not extend to the
Minister merely by operation of the other provisions of this section--
(a) section 63,
(b) section 66,
(c) other provisions of relevant legislation prescribed by the regulations.
(5) This section does not limit other functions of the Minister under this division.
(6) In this section--
relevant legislation means Acts, regulations or other subordinate instruments
relating to the Corporation, including the following--
(a) this Act,
(b) the Environmental Planning and Assessment Act 1979,
(c) the Residential Tenancies Act 2010.
35G Transfer of land and other assets, rights and liabilities
(1) The Minister may, by written order, transfer--
(a) the assets, rights and liabilities of a government agency to the Minister
as specified in the order, or
(b) the assets, rights and liabilities of the Minister to a government agency
as specified in the order.
(2) The Minister must not make the order unless the government agency, not
including a government agency the Minister is responsible for, consents to the
transfer.
(3) Schedule 2A applies to a transfer of assets, rights or liabilities by order under
this section.
(4) In this section--
assets--
(a) means any legal or equitable estate or interest, whether present or
future, whether vested or contingent and whether personal or
assignable, in real or personal property of any description, and
(b) includes money, securities, choses in action and documents.
government agency means the following--
(a) a Minister, other than the Minister administering this Act,
(b) a Public Service agency within the meaning of the Government Sector
Employment Act 2013,
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Housing Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Housing Act 2001 No 52
(c) a NSW government agency or statutory corporation,
(d) a State owned corporation.
liabilities means any liabilities, debts or obligations, whether present or future,
whether vested or contingent and whether personal or assignable.
rights means any rights, powers, privileges or immunities, whether present or
future, whether vested or contingent and whether personal or assignable.
35H Minister to report to Parliament
(1) The Minister must, for each 12-month period commencing 1 July, prepare a
statement to Parliament about the Minister's activities to support housing
development and achieve housing targets in New South Wales.
(2) The statement must include all of the following--
(a) details about the activities carried out by the Minister in the exercise of
the Minister's functions under, or conferred by, this Act during the
period,
(b) details about other related, or relevant, activities carried out by the
Minister in the exercise of the Minister's functions under, or conferred
by, this Act during the period,
(c) a report about progress in implementing Government policies and plans
relevant to housing development and targets,
(d) an assessment of the Minister's activities in supporting the
implementation of the Government policies and plans relevant to
housing development and targets.
(3) The Minister must ensure a copy of the statement is tabled in each House of
Parliament no later than 12 months after the last statement was tabled.
(4) The Minister must ensure the statement is made publicly available on a NSW
Government website no later than 7 days after being tabled in Parliament.
[5] Section 70 Misuse of information
Omit "the Department of Planning and Environment" in section 70(6)(b) and (d).
Insert instead "the department in which the Environmental Planning and Assessment Act
1979 is administered".
[6] Section 74A
Insert after section 74--
74A Delegations
(1) The Minister may delegate the exercise of any of the following functions to a
relevant person--
(a) a function of the Minister under, or conferred by, this Act, other than
this power of delegation,
(b) a function of the Minister under another Act if the function arises--
(i) from the Minister's capacity as the Minister administering this
Act, or being related to the role, or
(ii) in relation to a function conferred on the Minister under this Act.
(2) A relevant person to whom the Minister has delegated a function under this
section may, if authorised by the Minister, subdelegate the function to another
relevant person.
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Housing Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Housing Act 2001 No 52
(3) In this section--
relevant person means--
(a) an employee of the Department, or
(b) the Corporation.
[7] Schedule 2A
Insert after Schedule 2--
Schedule 2A Transfer of assets, rights and liabilities
section 35G(3)
1 Definitions
In this schedule--
instrument means an instrument, other than this Act, that creates, modifies or
extinguishes rights or liabilities, or would do so if lodged, filed or registered
in accordance with a law, and includes a judgement, order or process of a
court.
transfer order means an order made by the Minister under section 35G(1).
transferee means the government agency or the Minister to whom any assets,
rights or liabilities are transferred by a transfer order.
transferor means the government agency or the Minister from whom any
assets, rights or liabilities are transferred by a transfer order.
2 Vesting in transferee
If assets, rights or liabilities are transferred by a transfer order, the following
provisions have effect subject to the order--
(a) the assets of the transferor vest in the transferee without the need for any
further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities of the transferor become the rights or liabilities
of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced
before the transfer by or against the transferor or a predecessor of the
transferor and pending immediately before the transfer are taken to be
proceedings pending by or against the transferee,
(d) the transferee has all the entitlements and obligations of the transferor
in relation to the assets, rights and liabilities that the transferor would
have had but for the order, whether or not the entitlements and
obligations were actual or potential when the order took effect,
(e) an act, matter or thing done or omitted to be done in relation to the
assets, rights or liabilities before the transfer by, to or in relation to the
transferor or a predecessor of the transferor is, to the extent to which the
act, matter or thing has any force or effect, taken to have been done or
omitted by, to or in relation to the transferee,
(f) a reference to the transferor or a predecessor of the transferor in an Act,
instrument made under an Act or document, must be read as, or as
including, a reference to the transferee to the extent to which the
reference relates to the assets, rights or liabilities.
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Schedule 1 Amendment of Housing Act 2001 No 52
3 Variation of contracts
A transfer order may vary the terms and conditions of an instrument or
contract that relates to assets, rights or liabilities to the extent that is necessary
or convenient for the transfer.
4 Terms and conditions of transfer
A transfer order may specify the terms and conditions of the transfer.
5 Date of vesting
A transfer order takes effect on--
(a) the date specified in the order, or
(b) otherwise--the day on which the order is made by the Minister.
6 Consideration for vesting
A transfer order may specify--
(a) the consideration, if any, for the transfer, and
(b) the values, if any, at which the assets, rights or liabilities are transferred.
7 Operation of this schedule
(1) The operation of this schedule must not be regarded as--
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of a contractual provision prohibiting, restricting or regulating
the assignment or transfer of assets, rights or liabilities, or
(c) giving rise to a remedy by a party to an instrument, or causing or
permitting the termination of an instrument, because of a change in the
beneficial or legal ownership of an asset, right or liability, or
(d) an event of default under a contract or other instrument.
(2) No attornment to the transferee by a lessee from the transferor is required.
(3) The operation of this schedule includes the making of a transfer order.
8 No compensation payable
No compensation is payable to a person in connection with a transfer order
except to the extent to which the transfer order provides.
9 Transfer of interests in land
(1) The transfer order may transfer an interest in relation to land vested in the
transferor without transferring the whole of the interests of the transferor in the
land.
(2) If the interest transferred is not a separate interest, the transfer order operates
to create the interest transferred on the terms specified in the transfer order.
10 Transitional arrangements for planning decisions under EPA Act 1979, Part 5
(1) This clause applies to a planning decision made by a transferor--
(a) in connection with land to be transferred under the transfer order, and
(b) before the transfer order takes effect.
(2) The transferee to whom the land is transferred under the transfer order is taken
to have made the planning decision.
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Housing Amendment Bill 2025 [NSW]
Schedule 1 Amendment of Housing Act 2001 No 52
(3) In this clause--
planning decision means a decision made, or other action taken, for the
purposes of the Environmental Planning and Assessment Act 1979, Part 5.
11 State tax not payable
(1) State tax is not payable in relation to--
(a) the transfer of assets, rights or liabilities by operation of this schedule,
including, without limitation, an instrument executed only for a purpose
ancillary to or consequential on the operation of this schedule, or
(b) anything certified by the Minister in writing as having been done in
consequence of the transfer, or
(c) anything in connection with a matter referred to in paragraph (a) or (b).
Example-- the transfer or registration of land
(2) In this clause--
State tax means the following--
(a) application fees,
(b) registration fees,
(c) duty or other tax, fees or charges imposed by, or under, a law of the
State.
12 Confirmation of vesting
(1) The Minister may, by written notice, confirm a transfer of assets, rights or
liabilities by operation of this schedule.
(2) The notice is conclusive evidence of the transfer.
13 Certification to registration authorities
(1) A transferee or transferor may lodge with a registration authority a certificate
certifying information required by the authority to enable the authority to
exercise the functions of the authority in connection with the vesting of an
asset, right or liability under a transfer order.
(2) The registration authority must accept and act on the certificate.
(3) The registration authority is not entitled to require the information in the
certificate to be provided to the authority in a particular form or way.
(4) In this clause--
registration authority means a person that has functions under any law in
connection with the keeping of a register in relation to assets, rights or
liabilities.
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