328.0 KB)249.8 KB)441.3 KB)332.9 KB)72.7 KB)1.9 MB)564.5 KB)474.8 KB)466.2 KB)1.6 MB)276.1 KB)1.1 MB)1.1 MB)1.2 MB)Under the State Development and Public Works Organisation Act 1971 (SDPWO Act), a regulation may be made that directs a local body and/or the Coordinator-General to undertake works.
The definition of 'works' under the SDPWO Act is very broad. It includes the whole and every part of any work, project, service, utility, undertaking or function that the Coordinator-General, another person on behalf of the Coordinator-General or a local body is authorised under the Act to undertake.
Project reports for the works regulations are provided below:
328.0 KB)249.8 KB)441.3 KB)332.9 KB)72.7 KB)1.9 MB)564.5 KB)474.8 KB)466.2 KB)1.6 MB)276.1 KB)1.1 MB)1.1 MB)1.2 MB)If approved by the Minister and the Governor in Council, a regulation may be made that directs a local body to undertake the works.
The works would no longer be assessable development under the local government planning scheme, consistent with the Planning Regulation 2017.
Local bodies include:
A timeframe for the commencement or completion of the works may be specified, or if not specified, the works must be undertaken as soon as practicable.
If the local body fails to comply with the works regulation, the Governor in Council may authorise the Coordinator-General or a project board to commence or complete the works.
All the costs of remedying a default must be paid by the local body.
If approved by the Minister and the Governor in Council, a regulation may direct the Coordinator-General to carry out works. The Coordinator-General or the person authorised by the Coordinator-General is exempt from the approval and planning requirements of the Planning Act 2016 for the works.
The exemption only applies when the functions of the Coordinator-General are performed under the State Development and Public Works Organisation Act 1971.
Works must be undertaken as soon as practicable after the regulation is made.
To ensure the timely delivery of the works, the regulation may enliven powers in the SDPWO Act for the Coordinator-General to (among other things):
The Coordinator-General can remain on the land for as long as considered necessary.
Where practicable, the Coordinator-General is required to give the occupier of the land (or owner, in lieu of any occupier) seven days written notice of the intention to enter the land.
A person who claims to have suffered damage resulting from the exercise of the Coordinator-General's power to enter private land is entitled to make a claim for compensation.
Such a claim may include:
A power, function or duty given to, or imposed on, the Coordinator-General under a works regulation can be delegated by the Coordinator-General to a:
This delegation is subject to the prior approval of the Minister and the Governor in Council.
Last updated: 12 Sep 2024
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