MORE ABOUT THE ‘PLANNING MINISTERIAL CORPORATION’

Consultation: Transport for NSW is investigating a suitable corridor for the Outer Sydney Orbital to provide a north-south connection for a future motorway and freight rail. Areas of Rouse Hill and The Ponds are among those areas being investigated. Graphic: Brenden Budd

 

AND ….

Graphic: Transport for NSW

 

MORE ABOUT THE ‘PLANNING MINISTERIAL CORPORATION’

IT would appear … in our humble opinion … the Minister has too much power, and it would seem that the meaning of ‘public interest’ has been broadened … perhaps it should read ‘developer interest’?

PEOPLE … you need to be more aware of the Government agenda – where the profit (to developers) and economic growth appear to be more important than the environment and our communities.

With the changes to Legislation that began on 1 March 2018 – what can we expect?
Will they come for our homes? To divvy them up for profit to investors … their developer mates?

IT would seem now with the NEW HOUSING CODE of both the Medium-Density Housing Code and the Greenfields Housing Code to come into force on 6 July 2018 this would be so!

Suppose many lines in the Office of Strategic Lands (OSL) document tells us what we need to know about our overdeveloping overlords …..

“OSL will acquire and repurpose land and partner with UrbanGrowth NSW, Landcom or private developers to deliver the projects.”

“OSL has the expertise to resolve land fragmentation to enable development by the market, including compulsory acquisition to complete a parcel if required.”

Also the new legislation Part 6.  It would appear there is too much power centred in the Minister who can take anything “which the Minister considers should be made available in the public interest for any purpose…..”

31. 1 and 2 (a)

31 Power of Corporation to acquire land etc (cf previous ss 9, 10)

(1) The Planning Ministerial Corporation may, for the purposes of this Act or pursuant:

to any function conferred or imposed on the Minister or the Planning Secretary by an environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2) Without limiting the generality of subclause (1), the Planning Ministerial

Corporation may acquire in any manner authorised by that subclause:

(a) any land to which an environmental planning instrument applies and which the

Minister considers should be made available in the public interest for any

purpose, or…

Updates to the Environmental Planning and Assessment Act 1979 commence on Thursday 1 March 2018

http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/Legislative-Updates-to-the-Environmental-Planning-and-Assessment-Act

Additionally, an unofficial consolidated version of the amended Act is available for information purposes. Please note the changes do not yet have legal effect.

The Act will not be amended to reflect these changes until they commence on 1 March 2018.

The Department will shortly make available a guide that illustrates the key changes to the Act and provide further information on the commencement timeframes for new features of the planning system.

This is the link to the unofficial consolidated version of the amended Act:

http://www.planning.nsw.gov.au/Policy-and-Legislation/Under-review-and-new-Policy-and-Legislation/~/media/0B102DB055AC4BFF85111D934B5890D8.ashx
Division 2.2 Planning Ministerial Corporation

2.5 Constitution and functions of Corporation (cf previous s 8)

(1) There is constituted by this Act a corporation with the corporate name of the Planning Ministerial Corporation.

(2) The Planning Ministerial Corporation has such functions as are conferred or imposed on it under this or any other Act.

(3) The Planning Ministerial Corporation is a NSW Government agency.

2.6 Management of Corporation (cf previous s 8)

(1) The affairs of the Planning Ministerial Corporation are to be managed by the

Planning Secretary in accordance with any directions of the Minister.

3.46 Minister or GSC may direct councils with respect to development control plans

(1) The Minister or, if the matter relates to the Greater Sydney Region, the Greater

Sydney Commission may, subject to the regulations (if any), direct a council to

make, amend or revoke a development control plan in the time and manner specified in the direction

Part 6 Planning Ministerial Corporation—property provisions

31 Power of Corporation to acquire land etc (cf previous ss 9, 10)

(1) The Planning Ministerial Corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Planning Secretary by an environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

(2) Without limiting the generality of subclause (1), the Planning Ministerial

Corporation may acquire in any manner authorised by that subclause:

(a) any land to which an environmental planning instrument applies and which the

Minister considers should be made available in the public interest for any

purpose, or

(b) any land of which that proposed to be acquired under this clause forms part, or

(c) any land adjoining or in the vicinity of any land proposed to be acquired under

this clause, or

(d) a leasehold or any other interest in land.

(3) The Planning Ministerial Corporation may acquire, by gift inter vivos, devise or

bequest, any property for the purposes of this Act and may agree to the condition of

any such gift, devise or bequest.

(4) The rule of law against remoteness of vesting does not apply to any such condition to which the Planning Ministerial Corporation has agreed.

(5) If the Planning Ministerial Corporation acquires property under subclause (3),

neither an instrument that effects the acquisition nor any agreement pursuant to

which the property is acquired is chargeable with duty under the Duties Act 1997.

(6) For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under this clause is taken to be for an authorised work and the Planning

Ministerial Corporation is, in relation to that authorised work, taken to be the

Constructing Authority.

Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed by the Planning Ministerial Corporation.

Page 217 ………

Schedule 7 Paper subdivisions

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