Infrastructure Implementation
Corporation Bill 2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to constitute the Infrastructure Implementation Corporation
(the IIC) which will have the function of carrying out major infrastructure projects
as well as taking over the responsibility for the carrying out of major infrastructure
projects undertaken by other public authorities. The functions of the IIC in relation
to major infrastructure projects may only be exercised if authorised by an order of the
Premier (referred to as a project authorisation order in the proposed Act).

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 certain words and expressions used in the proposed Act. A major
infrastructure project is a project that requires approval under Part 3A of the
Environmental Planning and Assessment Act 1979.

Part 2 Constitution, management and functions of IIC
Clause 4 constitutes the IIC as a statutory corporation representing the Crown.

Clause 5 provides that the affairs of the IIC are to be managed by the
Director-General of the Premier’s Department.

Clause 6 provides that the IIC is subject to the control and direction of the Minister.

Clause 7 specifies the general functions of the IIC, including its functions in relation
to major infrastructure projects.

Clause 8 enables the IIC to arrange for the use of the staff or facilities of any public
authority (which includes a government department).

Part 3 Functions of IIC in relation to major
infrastructure projects
Clause 9 enables the Premier to make project authorisation orders for the purposes
of the proposed Act. Such an order can only be made with the written concurrence of
the Treasurer.

Clause 10 provides that a project authorisation order may authorise the IIC to carry
out a major infrastructure project specified in the order.

Clause 11 provides that a project authorisation order may declare the IIC to be
responsible for the carrying out of a major infrastructure project of another public
authority. In this case, the IIC will be able to exercise all of the public authority’s
functions in relation to the project and to issue directions to the public authority in
relation to the project. If the project authorisation order relates to a project carried out
by a statutory SOC, the Premier is to consult with the SOC’s portfolio Minister,
voting shareholders and board of directors before making the order.

Clause 12 enables a project authorisation order that declares the IIC to be
responsible for another public authority’s project to also provide for the transfer to
the IIC of any of the assets, rights and liabilities of the public authority in relation to
the project.

Clause 13 enables the IIC to acquire land in accordance with the Land Acquisition
(Just Terms Compensation) Act 1991 for the purposes of exercising its functions in
relation to major infrastructure projects.

Clause 14 provides that the IIC’s assets, rights and liabilities in relation to a major
infrastructure project may, in accordance with a project divesting order made by the
Premier, be transferred to another public authority.

Clause 15 makes it clear that a project authorisation order or a project divesting
order under the proposed Act may apply to the whole of a major infrastructure project
or to part of such a project only.

Part 4 Miscellaneous
Clause 16 provides that the Crown is bound by the proposed Act.

Clause 17 enables the Director-General of the Premier’s Department to delegate the
Director-General’s functions under the proposed Act to any member of staff of that
Department.

Clause 18 provides for the Director-General and any person acting under the
direction of the IIC or the Director-General not to be personally liable for things done
(or omitted to be done) in good faith for the purposes of executing the proposed Act.

Clause 19 enables the Governor to make regulations for the purposes of the
proposed Act, including regulations of a savings and transitional nature consequent
on the enactment of the proposed Act.

Clause 20 amends the Public Finance and Audit Act 1983 to apply the usual auditing
and annual reporting requirements of statutory corporations to the IIC.

Clause 21 provides for the review of the proposed Act in 5 years.

Schedule 1 Transfer of assets, rights and liabilities
Schedule 1 contains provisions that take effect when a project authorisation order
provides for the transfer to the IIC of the assets, rights and liabilities of a public
authority in relation to a major infrastructure project and when a project divesting
order transfers the assets, rights and liabilities of the IIC in relation to a project to
another public authority.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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