Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009

The Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 (NSW) (Nation Building Act) passed both Houses of the New South Wales Parliament and commenced on 13 March 2009.

What it does

The Nation Building Act:

• Aims to streamline approval processes for infrastructure projects that have received Commonwealth funding under the Nation Building and Jobs Plan.
• Establishes the NSW Infrastructure Co-ordinator General and an advisory taskforce to plan, oversee and implement the carrying out of infrastructure projects.
• Obliges State government agencies (not councils) to co-operate with the Co-ordinator General in the exercise of their functions.
• Allows for project authorisation orders to be made by the Premier or other Ministers.
• Provides that applications can be made to the Co-ordinator General for authorisation to carry out a project.
• Allows the Co-ordinator General to order that development control legislation (in particular the Environmental Planning and Assessment Act) does not apply to infrastructure projects, or only applies to the extent specified.

Other functions

The Nation Building Act also:

• Allows the Co-ordinator General to take over infrastructure projects that are already underway.
• Provides that assets, rights and liabilities can be vested in the State for the purpose of carrying out the infrastructure project.
• Gives the State the right to compulsorily acquire land for the exercise of the Co-ordinator GeneralÙs functions.
• Allows divesting orders to be made which transfer infrastructure projects to relevant State agencies either at a particular stage or on completion.

Implications

• While legal obligations to obtain certain approvals may be suspended by a project authorisation order, those carrying out infrastructure projects will need to be satisfied that the project has been authorised properly under the Nation Building Act.
• Landowners who have land acquired for the purpose of infrastructure projects will have a right to just compensation under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

For further information or advice please contact David Brigden and Robert Moses.