2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
City Renewal Authority and Suburban Land Agency Bill 2017

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	3
	5	Objects of Act	3
Part 2	City renewal authority
Division 2.1	Definitions—pt 2
	6	Definitions—pt 2	4
Division 2.2	Establishment, objects and functions of city renewal authority
	7	Establishment of city renewal authority	4
	8	Objects of authority	4
	9	Functions of authority	5
	10	Authority’s role in cohesive urban renewal	6
	11	Ministerial directions to authority	7
	12	Territory to compensate authority for cost of complying with directions	7
	13	Annual report of authority	8
Division 2.3	Authority board
	14	Establishment of governing board for authority	8
	15	Functions of authority board	8
	16	Ministerial statement of expectations	9
	17	Statement of operational intent	10
	18	Delegation by authority board	10
Division 2.4	Authority board members
	19	Authority board members duty of good conduct	11
	20	Authority board member appointments	11
Division 2.5	Authority committees
	21	Establishment of authority committees	12
	22	Exercise of committee functions	13
	23	Membership of committees	14
Division 2.6	Authority financial matters
	24	Proceeds of lease sales by authority	14
	25	Authority payment of funds to Territory	14
	26	Authority liability for territory taxes	15
Division 2.7	Authority CEO, staff and consultants
	27	Appointment of authority CEO	15
	28	Functions of authority CEO	16
	29	Authority CEO duty of good conduct	17
	30	Delegation by authority CEO	17
	31	Authority’s staff	18
	32	Authority arrangements for staff and facilities	18
	33	Authority contractors and consultants	18
Division 2.8	Urban renewal precincts
	34	Urban renewal precinct may be declared	19
	35	Criteria for land being included in urban renewal precinct	19
Part 3	Suburban land agency
Division 3.1	Establishment, objects and functions of suburban land agency
	36	Establishment of suburban land agency	21
	37	Objects of agency	21
	38	Functions of agency	22
	39	Agency’s role in cohesive suburban development	23
	40	Ministerial directions to agency	23
	41	Territory to compensate agency for cost of complying with directions	24
Division 3.2	Agency board
	42	Establishment of governing board for agency	24
	43	Functions of agency board	24
	44	Agency board member appointments	25
	45	Delegation by agency board	25
Division 3.3	Agency financial matters
	46	Proceeds of lease sales by agency	26
	47	Agency payment of funds to Territory	26
	48	Agency liability for territory taxes	27
Division 3.4	Agency CEO, staff and consultants
	49	Appointment of agency CEO	27
	50	Functions of agency CEO	27
	51	Agency CEO duty of good conduct	28
	52	Delegation by agency CEO	29
	53	Agency’s staff	29
	54	Agency arrangements for staff and facilities	30
	55	Agency contractors and consultants	30
Part 4	Miscellaneous
	56	Sharing of protected information	31
	57	Regulation-making power	32
Part 10	Transitional
	200	Transitional regulation	33
	201	Expiry—pt 10	33
Part 11	Consequential amendments
	202	Legislation amended—sch 1	34
Schedule 1	Consequential amendments	35
Part 1.1	Annual Reports (Government Agencies) Act 2004	35
Part 1.2	Financial Management Regulation 2005	35
Part 1.3	Legislation Act 2001	35
Part 1.4	Planning and Development Act 2007	36
Part 1.5	Planning and Development Regulation 2008	38
Dictionary		40

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
City Renewal Authority and Suburban Land Agency Bill 2017

A Bill for
An Act to establish the city renewal authority and the suburban land agency, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the City Renewal Authority and Suburban Land Agency Act 2017.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘utility service—see the Utilities Act 2000, dictionary.’ means that the term ‘utility service’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Objects of Act
The objects of this Act are to—
	(a)	establish the city renewal authority; and
	(b)	establish the suburban land agency; and
	(c)	promote and facilitate the orderly and efficient delivery of residential, commercial and industrial development in the public interest, including urban renewal; and
	(d)	promote development that is environmentally sustainable and applies innovative environmental building and public domain design; and
	(e)	support, encourage and facilitate public and private sector investment and participation in the development of the Territory.

Part 2	City renewal authority
Division 2.1	Definitions—pt 2
6	Definitions—pt 2
In this part:
statement of expectations—see section 16 (1).
statement of operational intent—see section 17 (1).
urban renewal precinct means an area of land declared under section 34.
Division 2.2	Establishment, objects and functions of city renewal authority
7	Establishment of city renewal authority
The City Renewal Authority is established.
8	Objects of authority
The objects of the authority are—
	(a)	to encourage and promote a vibrant city through the delivery of design-led, people-focussed urban renewal, including by creating opportunities—
	(i)	to include the community and relevant entities in the design and delivery of urban renewal; and
	(ii)	to grow and diversify the Territory’s economy; and
	(iii)	for private sector investment in urban renewal; and
	(b)	to encourage and promote social and environmental sustainability through—
	(i)	planning and delivery of urban renewal; and 
	(ii)	improved urban infrastructure; and
	(iii)	responsiveness to demographic change in the ACT; and 
	(c)	to operate commercially in accordance with sound risk management practices.
9	Functions of authority
	(1)	The functions of the authority are, in relation to an urban renewal precinct, to—
	(a)	carry out urban renewal; and
	(b)	buy and sell leases of land on behalf of the Territory; and
	(c)	make arrangements for the public service or another entity to carry out development or works; and
	(d)	support public and private sector investment and participation in urban renewal, including by supporting development that is attractive to potential investors and participants; and
	(e)	manage orderly urban renewal, including holding, managing and selling land and other property; and
	(f)	support cooperation between the authority, the community, and relevant entities (for example, industry groups); and
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(g)	support high quality design, planning and delivery of urban renewal; and
	(h)	any other function given to the authority under this Act or another territory law.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
	(2)	The authority must exercise the authority’s functions in a way that is consistent with the statement of operational intent. 
	(3)	With the approval of the Minister and the Treasurer, the authority may exercise its functions—
	(a)	through subsidiaries, joint ventures or trusts; or
	(b)	by holding shares in, or other securities of, corporations.
	(4)	In this section:
support an outcome, includes promote, encourage, facilitate and deliver the outcome. 
10	Authority’s role in cohesive urban renewal
	(1)	The authority must work with any entity that has an interest in land in an urban renewal precinct to encourage cohesive urban renewal.
Examples—entities that may have an interest 
·	a person who owns property on the land
·	a person developing land
·	the head of service
·	a person licensed to provide a utility service
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The authority may—
	(a)	require the entity to do any of the following in relation to the land:
	(i)	consult, including in a particular way, with the public or another entity that has an interest in the land;
	(ii)	make arrangements for working co-operatively with another entity that has an interest in the land; and
	(b)	refuse to exercise a function in relation to the land until a requirement under paragraph (a) has been fulfilled.
11	Ministerial directions to authority
	(1)	The Minister may, at any time, give directions to the authority—
	(a)	about the exercise of the authority’s functions; or
	(b)	requiring the authority to exercise a function in relation to the financial arrangements of the authority.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the authority about the proposed direction; and
	(b)	give the authority a reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the authority.
	(3)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
12	Territory to compensate authority for cost of complying with directions
	(1)	The Territory must pay to the authority the reasonable net cost of complying with a direction under section 11.
	(2)	The amount payable under subsection (1) is the amount agreed between the authority and the Minister or, failing agreement, the amount decided by the Chief Minister.
13	Annual report of authority
	(1)	The authority must prepare an annual report under the Annual Reports (Government Agencies) Act 2004.
	(2)	The report must—
	(a)	include any statement of expectations and statement of operational intent in effect during the reporting year; and
	(b)	report on the extent to which the statement of operational intent in effect during the reporting year was met during the reporting year; and
	(c)	if the statement of operational intent was not met in whole or in part during the reporting year—give reasons why the statement of operational intent was not met.
Division 2.3	Authority board
14	Establishment of governing board for authority
The governing board of the authority is established.
15	Functions of authority board
The functions of the authority board are—
	(a)	to oversee the operations of, and exercise of functions by, the authority; and 
	(b)	to promote the statement of expectations; and
	(c)	to implement the statement of operational intent; and
	(d)	to make arrangements about the conduct and operation of the authority board; and 
	(e)	any other function given to the authority board under this Act or another territory law.
Note 1	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Note 2	The authority board has the following functions under the Financial Management Act 1996, s 77:
·	setting the authority’s policies and strategies
·	governing the authority consistently with the authority’s establishing Act and other relevant legislation
·	ensuring, as far as practicable, that the authority operates in a proper, effective and efficient way
·	ensuring, as far as practicable, that the authority complies with applicable governmental policies (if any).
Note 3	For authority board meeting arrangements see the Financial Management Act 1996, div 9.4.
16	Ministerial statement of expectations
	(1)	The Minister must, at least once every 12 months—
	(a)	make a statement setting out the government’s requirements and priorities in relation to urban renewal in an urban renewal precinct (a statement of expectations); and
	(b)	give the statement of expectations to the authority board.
	(2)	The statement of expectations may include any information the Minister believes will assist the authority board to implement the statement of expectations.
	(3)	A statement of expectations is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
17	Statement of operational intent
	(1)	As soon as possible after the Minister gives the statement of expectations to the authority board, the authority board must give the Minister a draft statement of response setting out how the authority board will give effect to the statement of expectations (a statement of operational intent).
	(2)	The draft statement of operational intent may refer to a matter covered in the statement of intent for the authority prepared under the Financial Management Act 1996, section 61.
	(3)	The Minister must—
	(a)	approve the draft statement of operational intent; or
	(b)	not approve the statement of operational intent; or
	(c)	approve the statement of operational intent with conditions.
	(4)	An approved statement of operational intent is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
18	Delegation by authority board
	(1)	The authority board may delegate the authority board’s functions to the authority CEO.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	The authority CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority board.
	(3)	In this section:
authorised person means—
	(a)	a public employee; or
	(b)	a person prescribed by regulation.
Division 2.4	Authority board members
19	Authority board members duty of good conduct
An authority board member has a duty to the Minister when acting as a board member—
	(a)	to act in good faith; and 
	(b)	not to pursue personal interests at the expense of the authority’s interests; and
	(c)	not to use board membership to gain personal advantage; and
	(d)	not to cause detriment to the authority or undermine the reputation of the authority.
Note	The duty set out in this section supplements the requirements under the Financial Management Act 1996, pt 8 (Financial provisions for territory authorities) and pt 9 (Governance of territory authorities) and the requirements under the Public Sector Management Act 1994, div 2.1 (Public sector standards).
20	Authority board member appointments
	(1)	The authority board has the following part-time members:
	(a)	a chair;
	(b)	a deputy chair;
	(c)	3 expert members.
Note	The chair, deputy chair and other members of the authority board are appointed by the Minister (see Financial Management Act 1996, s 78 and s 79).
	(2)	A member must have knowledge of and experience in at least 1 of the following areas:
	(a)	urban renewal;
	(b)	architecture;
	(c)	urban design;
	(d)	civil engineering;
	(e)	environmental sustainability;
	(f)	social inclusion and community building;
	(g)	law, public administration and governance;
	(h)	financing major development projects.
	(3)	A regulation may prescribe other criteria for the appointment of a person as an expert member.
Division 2.5	Authority committees
21	Establishment of authority committees
	(1)	The authority board may establish committees to help the authority to exercise its functions.
	(2)	Without limiting subsection (1), committees may be established in relation to the following:
	(a)	corporate governance;
	(b)	audit and risk;
	(c)	design review;
	(d)	community engagement.
	(3)	The authority board must establish any committee prescribed by regulation.
	(4)	A regulation may prescribe—
	(a)	matters on which a committee can provide advice; and  
	(b)	functions of the authority that may only be exercised after considering the advice of a committee.
22	Exercise of committee functions
	(1)	The authority board may decide—
	(a)	how a committee is to exercise its functions; and
	(b)	the procedure to be followed for meetings of a committee, including—
	(i)	calling meetings; and
	(ii)	the number of committee members to be present at meetings (including requirements that particular members be present); and
	(iii)	the committee member who is to preside at meetings; and
	(iv)	how questions arising at a meeting are to be decided; and
	(v)	keeping minutes of meetings. 
	(2)	Subject to any decision of the authority board under subsection (1), a committee may decide its own procedures.
23	Membership of committees
	(1)	A committee consists of the people appointed by the authority board.
Note	For the making of appointments (including acting appointments), see the Legislation Act, div 19.3. 
	(2)	A committee may consist entirely or partly of authority board members.
Division 2.6	Authority financial matters
Note 	The authority must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).
24	Proceeds of lease sales by authority
Consideration received by the authority for the sale of a lease of land is income of the authority.
25	Authority payment of funds to Territory
	(1)	The Treasurer may direct the authority to pay to the Territory—
	(a)	the amount stated in the direction; or
	(b)	an amount calculated in the way stated in the direction.
	(2)	The Treasurer may also, in writing, direct the authority—
	(a)	how to make the payment; and
	(b)	when to make the payment; and
	(c)	about the conditions relating to payment.
	(3)	In giving a direction under subsection (1), the Treasurer must have regard to—
	(a)	the authority’s assets and liabilities; and
	(b)	the authority’s income and expenditure; and
	(c)	the authority’s ability to exercise its functions; and
	(d)	the requirement that the Territory obtain a reasonable return from the development and disposal of land.
	(4)	A direction under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
26	Authority liability for territory taxes
This Act does not exempt the authority from liability for a tax under any other territory law.
Division 2.7	Authority CEO, staff and consultants
27	Appointment of authority CEO
	(1)	The Financial Management Act 1996, section 80 does not apply to the authority.
	(2)	The chief executive officer of the authority is appointed by the chair of the authority board.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(3)	The authority CEO must be a public servant.
	(4)	The authority CEO is not an authority board member.
28	Functions of authority CEO
	(1)	The functions of the authority CEO are—
	(a)	to manage the day-to-day operations of the authority including the following: 
	(i)	monitoring and reporting to the authority board on the authority’s performance against the statement of operational intent; and
	(ii)	ensuring the authority complies with the authority board’s decisions; and
	(iii)	managing the finances of the authority; and
	(iv)	developing, for approval by the authority board—
	(A)	corporate strategies, including strategies for engaging with and managing corporate risks; and
	(B)	operational strategies, including strategies for engaging with and managing operational risks; and
	(v)	reporting to the authority board on the implementation of a strategy approved under subparagraph (iv); and
	(vi)	providing information and advice to the authority board on matters relating to the authority; and
	(b)	giving administrative support to the authority board in the exercise of its functions; and
	(c)	any function given to the authority CEO—
	(i)	by the authority board; or
	(ii)	under this Act or another territory law.
	(2)	The Financial Management Act 1996, section 84 (CEO’s functions) applies to the authority CEO, despite the authority CEO not being a member of the authority board.
	(3)	The authority board may, at any time, give written directions to the authority CEO about the exercise of the authority CEO’s functions.
29	Authority CEO duty of good conduct
	(1)	In exercising the functions of the authority CEO, the authority CEO must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
	(2)	The authority CEO also has a duty to the authority board—
	(a)	to act in good faith; and 
	(b)	not to pursue personal interests at the expense of the authority’s interests; and
	(c)	not to use the office to gain personal advantage; and
	(d)	not to cause detriment to the authority or undermine the reputation of the authority.
Note	As a public servant, conduct requirements under the Public Sector Management Act 1994 apply to the authority CEO.
30	Delegation by authority CEO
	(1)	The authority CEO may delegate the authority CEO’s functions to an authorised person.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the authority CEO.
	(3)	In this section:
authorised person means—
	(a)	a public employee; or
	(b)	a person prescribed by regulation.
31	Authority’s staff
	(1)	The authority CEO may employ staff on behalf of the Territory.
	(2)	The authority’s staff must be employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, div 8.2 applies to the authority in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
32	Authority arrangements for staff and facilities
The authority CEO may arrange with the head of service to use the services of a public servant or Territory facilities.
Note	The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
33	Authority contractors and consultants
	(1)	The authority CEO may engage consultants and contractors.
	(2)	However, the authority CEO must not enter into a contract of employment under this section.
Division 2.8	Urban renewal precincts
34	Urban renewal precinct may be declared
	(1)	The Minister may declare an area of land to be an urban renewal precinct for this Act.
Note	The power to make an instrument includes the power to amend or repeal the instrument.
	(2)	For each urban renewal precinct, the Minister must—
	(a)	name the urban renewal precinct; and
	(b)	describe the urban renewal precinct by reference to land; and
	(c)	set out a map of the urban renewal precinct; and
	(d)	set out, in general terms, the urban renewal priorities for the urban renewal precinct.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
35	Criteria for land being included in urban renewal precinct
Land may be included in an urban renewal precinct only if the Minister—
	(a)	is satisfied including the land promotes urban renewal and will facilitate 1 or more of the following:
	(i)	integrated commercial and residential development; 
	(ii)	the integration of development with public transport; 
	(iii)	benefits to the community, the environment and the territory economy; and
	(b)	is satisfied including the land is consistent with—
	(i)	the national capital plan; and
	(ii)	the territory plan; and 
	(iii)	the statement of planning intent; and 
	(iv)	any other strategic planning strategy developed by government to guide land planning and development for the Territory; and
	(c)	has considered the advice of the following in relation to including the land in the precinct:
	(i)	the authority;
	(ii)	the Minister responsible for the Planning and Development Act 2007.

Part 3	Suburban land agency
Division 3.1	Establishment, objects and functions of suburban land agency
36	Establishment of suburban land agency
The Suburban Land Agency is established.
37	Objects of agency
The objects of the agency are to—
	(a)	encourage and promote—
	(i)	inclusive communities through the delivery of people‑focussed neighbourhoods; and
	(ii)	suburban development that supports the following:
	(A)	affordable living; 
	(B)	a safe and healthy population; 
	(C)	social inclusion; 
	(D)	housing choice; and
	(iii)	urban renewal, other than in an urban renewal precinct; and
	(iv)	growth and diversification of the Territory’s economy; and
	(b)	operate commercially in accordance with sound risk management practices. 
38	Functions of agency
	(1)	The functions of the agency are—
	(a)	to buy and sell leases of land on behalf of the Territory; and
	(b)	to ensure a mixture of public and private housing in new suburbs; and
	(c)	to increase the supply of affordable and community housing; and
	(d)	to carry out the development of land; and
	(e)	any other function given to the agency under this Act or another territory law.
Note 1	A territory authority must not do any act, or approve the doing of an act, that is inconsistent with the territory plan (see Planning and Development Act 2007, s 50).
Note 2	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
	(2)	The agency may exercise a function mentioned in subsection (1) (a), (b), (c) or (d) only—
	(a)	in a way that is consistent with the statement of intent for the agency prepared under the Financial Management Act 1996, section 61; and
	(b)	with the Minister’s approval.
	(3)	With the approval of the Minister and the Treasurer, the agency may exercise its functions—
	(a)	through subsidiaries, joint ventures or trusts; or
	(b)	by holding shares in, or other securities of, corporations.
39	Agency’s role in cohesive suburban development
The agency must work with any entity that has an interest in land that the agency intends to buy, sell, improve or develop to encourage cohesive suburban development.
Examples—entities that may have an interest in the development of suburban land
·	the head of service
·	a person licensed to provide a utility service
·	a person developing land 
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
40	Ministerial directions to agency
	(1)	The Minister may, at any time, give directions to the agency—
	(a)	about the exercise of the agency’s functions; or
	(b)	requiring the agency to exercise a function in relation to the financial arrangements of the agency.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the agency about the proposed direction; and
	(b)	give the agency a reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the agency.
	(3)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
41	Territory to compensate agency for cost of complying with directions
	(1)	The Territory must pay to the agency the reasonable net cost of complying with a direction under section 40.
	(2)	The amount payable under subsection (1) is the amount agreed between the agency and the Minister or, failing agreement, the amount decided by the Chief Minister.
Division 3.2	Agency board
42	Establishment of governing board for agency
The governing board of the agency is established.
Note 	For agency board meeting arrangements see the Financial Management Act 1996, div 9.4.
43	Functions of agency board
The functions of the agency board are—
	(a)	to oversee the operations of, and exercise of functions by, the agency; and 
	(b)	any other function given to the agency board under this Act or another territory law.
Note 	The agency board has the following functions under the Financial Management Act 1996, s 77:
·	setting the agency’s policies and strategies
·	governing the agency consistently with the agency’s establishing Act and other relevant legislation
·	ensuring, as far as practicable, that the agency operates in a proper, effective and efficient way
·	ensuring, as far as practicable, that the agency complies with applicable governmental policies (if any).
44	Agency board member appointments
	(1)	The agency board has the following part-time members:
	(a)	a chair; 
	(b)	a deputy chair; 
	(c)	3 expert members.
Note	The chair and other members of the agency board are appointed by the Minister (see the Financial Management Act 1996, s 78 and s 79).
	(2)	An expert member must have knowledge of or experience in at least 1 of the following areas:
	(a)	urban design and planning;
	(b)	social inclusion and community building;
	(c)	civil engineering and civil works;
	(d)	real estate sales;
	(e)	property development;
	(f)	law, public administration and governance.
45	Delegation by agency board
	(1)	The agency board may delegate the agency board’s functions to the agency CEO.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	The agency CEO may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised, in writing, by the agency board.
	(3)	In this section:
authorised person means—
	(a)	a public employee; or
	(b)	a person prescribed by regulation.
Division 3.3	Agency financial matters
Note	The agency must not give a guarantee without the Treasurer’s written approval (see Financial Management Act 1996, s 60).
46	Proceeds of lease sales by agency
Consideration received by the agency for the sale of a lease of land is income of the agency.
47	Agency payment of funds to Territory
	(1)	The Treasurer may direct the agency to pay to the Territory—
	(a)	the amount stated in the direction; or
	(b)	an amount calculated in the way stated in the direction.
	(2)	The Treasurer may also, in writing, direct the agency—
	(a)	how to make the payment; and
	(b)	when to make the payment; and
	(c)	about the conditions relating to payment.
	(3)	In giving a direction under subsection (1), the Treasurer must have regard to—
	(a)	the agency’s assets and liabilities; and
	(b)	the agency’s income and expenditure; and
	(c)	the agency’s ability to exercise its functions; and
	(d)	the requirement that the Territory obtain a reasonable return from the development and disposal of land.
	(4)	A direction under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
48	Agency liability for territory taxes
This Act does not exempt the agency from liability for a tax under any other territory law.
Division 3.4	Agency CEO, staff and consultants
49	Appointment of agency CEO
	(1)	The Financial Management Act 1996, section 80 does not apply to the agency.
	(2)	The agency CEO is appointed by the chair of the agency board.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(3)	The agency CEO must be a public servant.
	(4)	The agency CEO is not an agency board member.
50	Functions of agency CEO
	(1)	The functions of the agency CEO are—
	(a)	to manage the day-to-day operations of the agency including the following: 
	(i)	ensuring the agency complies with the agency board’s decisions;
	(ii)	managing the finances of the agency;
	(iii)	developing, for approval by the agency board—
	(A)	corporate strategies, including strategies for engaging with and managing corporate risks; and
	(B)	operational strategies, including strategies for engaging with and managing operational risks; 
	(iv)	reporting to the agency board on the implementation of a strategy approved under subparagraph (iii); 
	(v)	providing information and advice to the agency board on matters relating to the agency; and
	(b)	any function given to the agency CEO—
	(i)	by the agency board; or
	(ii)	under this Act or another territory law.
	(2)	The Financial Management Act 1996, section 84 (CEO’s functions) applies to the agency CEO, despite the agency CEO not being a member of the agency board.
	(3)	The agency board may, at any time, give written directions to the agency CEO about the exercise of the agency CEO’s functions.
51	Agency CEO duty of good conduct
	(1)	In exercising the functions of the agency CEO, the agency CEO must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
	(2)	The agency CEO also has a duty to the agency board—
	(a)	to act in good faith; and 
	(b)	not to pursue personal interests at the expense of the agency’s interests; and
	(c)	not to use the office to gain personal advantage; and
	(d)	not to cause detriment to the agency or undermine the reputation of the agency.
Note	As a public servant, conduct requirements under the Public Sector Management Act 1994 apply to the agency CEO.
52	Delegation by agency CEO
	(1)	The agency CEO may delegate the agency CEO’s functions to an authorised person.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	A delegate may subdelegate to an authorised person a function delegated under subsection (1) if the subdelegation is authorised in writing by the agency CEO.
	(3)	In this section:
authorised person means—
	(a)	a public employee; or
	(b)	a person prescribed by regulation.
53	Agency’s staff
	(1)	The agency CEO may employ staff on behalf of the Territory.
	(2)	The agency’s staff must be employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, div 8.2 applies to the agency in relation to the employment of staff (see Public Sector Management Act 1994, s 152).
54	Agency arrangements for staff and facilities
The agency CEO may arrange with the head of service to use the services of a public servant or Territory facilities.
Note	The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
55	Agency contractors and consultants
	(1)	The agency CEO may engage consultants and contractors.
	(2)	However, the agency must not enter into a contract of employment under this section.

Part 4	Miscellaneous
    
56	Sharing of protected information
	(1)	This section applies despite any other territory law.
	(2)	The following people may, in writing, ask an information holder for protected information:
	(a)	if the protected information is required by another information holder for the exercise of a function under this Act or another territory law—the other information holder;
	(b)	the Minister.
	(3)	An information holder who receives a request for protected information—
	(a)	must give the protected information to the person who requests it; and
	(b)	if the information is requested by another information holder—may impose conditions on how the other information holder uses or stores the information.
	(4)	In this section:
information means information, whether true or not, in any form and includes an opinion and advice.
information holder means—
	(a)	the chair of the authority board; or
	(b)	the authority CEO; or
	(c)	the chair of the agency board; or
	(d)	the agency CEO; or
	(e)	the chief planning executive; or
	(f)	the head of service; or
	(g)	a director-general.
protected information means information that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
57	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 10	Transitional
200	Transitional regulation
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify this part (including in relation to another territory law) to make a provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
201	Expiry—pt 10
This part expires 12 months after the day section 3 commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 11	Consequential amendments
202	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Consequential amendments
(see s 202)
Part 1.1	Annual Reports (Government Agencies) Act 2004
[1.1]	Section 7 (2), note, new dot point
insert
·	the city renewal authority (see City Renewal Authority and Suburban Land Agency Act 2017, s 13)
Part 1.2	Financial Management Regulation 2005
[1.2]	Sections 4 and 5
insert
·	Land Development Agency
Part 1.3	Legislation Act 2001
[1.3]	Dictionary, part 1, new definition of city renewal authority
insert
city renewal authority means the City Renewal Authority established under the City Renewal Authority and Suburban Land Agency Act 2017, section 7.
[1.4]	Dictionary, part 1, definition of land development agency
omit
[1.5]	Dictionary, part 1, new definition of suburban land agency
insert
suburban land agency means the Suburban Land Agency established under the City Renewal Authority and Suburban Land Agency Act 2017, section 36.
Part 1.4	Planning and Development Act 2007
[1.6]	New section 19
insert
19	Authority’s role in cohesive urban renewal and suburban land development
The planning and land authority must work with the city renewal authority and the suburban land agency to encourage cohesive planning and development of land.
[1.7]	Section 20 (2) 
omit
to the land agency.
substitute
to the following:
	(a)	the city renewal authority; 
	(b)	the suburban land agency.
[1.8]	Chapter 4
omit
[1.9]	Section 229 (4) (c)
omit
[1.10]	New chapter 23
insert
Chapter 23	Transitional—City Renewal Authority and Suburban Land Agency Act 2017
494	Land development agency 2016-2017 reporting or financial statement
	(1)	This section applies in relation to a legislative requirement for the land development agency to prepare a report or financial statement for all or part of the 2016-2017 financial year.
	(2)	The following offices continue in existence to enable the office‑holder of the office to meet the legislative requirement:
	(a)	the chief executive officer of the land development agency;
	(b)	the chair of the land development agency board.
	(3)	The offices continue until the legislative requirement is met. 
	(4)	The office-holder of an office may make arrangements with the head of service to use the services of a public servant or territory facilities in relation to meeting the legislative requirement.
	(5)	In this section:
office-holder, of an office, means the person who holds the office immediately before the day the City Renewal Authority and Suburban Land Agency Act 2017, schedule 1, amendment 1.8 commences.
495	Expiry—ch 23
This chapter expires 12 months after the day the City Renewal Authority and Suburban Land Agency Act 2017, section 3 commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
[1.11]	Dictionary, note 2
insert
·	city renewal authority
·	suburban land agency
[1.12]	Dictionary, definitions of chief executive officer, land agency and land agency board
omit
Part 1.5	Planning and Development Regulation 2008
[1.13]	New section 26 (3A)
insert
	(3A)	The city renewal authority is prescribed for a development application that relates to land in an urban renewal precinct.
[1.14]	Section 26 (4), new definition of urban renewal precinct
insert
urban renewal precinct—see City Renewal Authority and Suburban Land Agency Act 2017, dictionary.
[1.15]	Section 111 (1) (a)
omit
[1.16]	Dictionary, note 3
omit
·	land agency

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	entity
·	national capital authority
·	national capital plan
·	public employee
·	public sector member
·	public service
·	territory plan.
agency means the Suburban Land Agency established under section 36.
agency board means the suburban land agency governing board established under section 42.
agency CEO means the chief executive officer of the agency appointed under section 49.
authority means the City Renewal Authority established under section 7.
authority board means the city renewal authority governing board established under section 14.
authority CEO means the chief executive officer of the authority appointed under section 27.
development, in relation to land—see the Planning and Development Act 2007, section 7. 
land improvements—
	(a)	means activities carried out in relation to territory land to improve the quality, amenity or value of the land; and
	(b)	includes the following:
	(i)	remediation of land;
	(ii)	carrying out works on land;
	(iii)	preparing land for development;
	(iv)	maintaining land.
statement of expectations, for part 2 (City renewal authority)—see section 16 (1).
statement of operational intent, for part 2 (City renewal authority)—see section 17 (1).
statement of planning intent—see Planning and Development Act 2007, s 16.
urban renewal—
	(a)	means supporting, promoting, encouraging, facilitating or delivering the following:
	(i)	development for residential purposes;
	(ii)	development for commercial purposes;
	(iii)	development of industrial infrastructure;
	(iv)	development of capital works;
	(v)	development of public infrastructure;
	(vi)	land improvements; and
	(b)	includes—
	(i)	carrying out work on public land; and
	(ii)	reviewing and giving advice about work and development proposed to be carried out on private land; and
	(c)	does not include carrying out work on private land.
urban renewal precinct, for part 2 (City renewal authority)—see section 34.
utility service—see the Utilities Act 2000, dictionary.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 March 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017