AGY-6465 | Barangaroo Delivery Authority

Full description

The Barangaroo Delivery Authority was established as a statutory body on 30 March 2009 by the Barangaroo Delivery Authority Act 2009 (Act No.2, 2009), which was assented to 30 March 2009. (1)

The general functions of the Authority were to:
(a) Promote, procure, facilitate and manage the orderly and economic development and use of Barangaroo, including the provision and management of infrastructure;
(b) Promote, procure, organise, manage, undertake, secure, provide and conduct cultural, educational, residential, commercial, transport, tourist and recreational activities and facilities at Barangaroo;
(c) Develop and manage the Barangaroo Headland Park and public domain so to encourage its use by the public and to regulate the use of those areas;
(d) Facilitate and provide for appropriate commercial activities within the Barangaroo Headland Park and public domain that are consistent with their use for cultural, educational and recreational activities and the use and enjoyment of those areas by the public;
(e) Promote development within Barangaroo that accords with best practice environmental and town planning standards, is environmentally sustainable and applies innovative environmental building and public domain design;
(f) Liaise with Government agencies with respect to the co-ordination and provision of infrastructure associated with Barangaroo;
(g) Undertake the delivery of infrastructure associated with Barangaroo or that relates to the principal functions of the Authority. (2)

Land specified under Schedule 2 of the Barangaroo Delivery Authority Act 2009 (Act No.2, 2009) was required to be transferred to the Authority by means of a notification by the Minister in the NSW Government Gazette. The “associated rights and liabilities” were also to be transferred to the Authority. On 4 June 2009, the land specified in Schedule 2 was vested in the Authority. (3)

The Board of the Barangaroo Delivery Authority consisted of: The Chief Executive Officer of the Authority; the Secretary of the Treasury; a nominee of the City of Sydney Council approved by the Minister; a maximum of 4 persons nominated by the Minister, one of who was to be appointed as Chairperson of the Board. (4)

The Board could appoint and dissolve an advisory committee as it considered “appropriate for the purposes of advising the Board and the Authority for the purposes” of the Barangaroo Delivery Authority Act 2009. (5)

The Authority was “subject to the control and direction of the Minister in the exercise of its functions”. The Chief Executive Officer was “responsible for the day-to-day management of the affairs of the Authority in accordance with the specific policies and general direction of the Board”. (6)

The Authority was unable to employ any staff in its own right under the Barangaroo Delivery Authority Act 2009 (Act No.2, 2009). However, staff could be “employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Services to enable the Authority to exercise its functions”. (7) On 30 March 2009, the Office of the Barangaroo Delivery Authority was established as Department of the Public Service, to fulfil this function. (8)

From 1 July 2009 the Office of the Barangaroo Delivery Authority, and the Barangaroo Delivery Authority became part of the Principal Department, the Department of Planning. (9)

From 4 April 2011 the Barangaroo Delivery Authority became a part of the Principal Department, the Department of Premier and Cabinet. (10)

On 6 July 2012 the Statute Law (Miscellaneous Provisions) Act 2012 (Act No. 42, 2012) amended the Barangaroo Delivery Authority Act 2009 to remove the “requirement for the Secretary of the Treasury to be a member of the Board of the Barangaroo Delivery Authority”, and to increase “the number of persons that the Premier may appoint to the Board from 4 to 5 Persons”. (11)

On 22 June 2014 the Authority welcomed over 7,000 people to the Barangaroo Open Day and on 27 June 2014, the Barangaroo Delivery Authority’s “first completed project, the White Bay Cruise Bay Terminal, won three awards” at the 2014 NSW Architecture Awards including “a Public Architecture Award, a Sustainable Architecture Award and the Colorbond Award for Steel Architecture”. (12)

The Barangaroo Delivery Authority was abolished on 1 July 2019 by the State Revenue and Other Legislation Amendment Act 2019. (13) Its functions, rights, assets and liabilities transferred to Infrastructure NSW within the Department of Premier and Cabinet. (14)

Endnotes
1. Barangaroo Delivery Authority Act 2009, ss.2, 6-7, 40; NSW Government Gazette No.61, 9 April 2009, p.1630.
2. Ibid., s.14.
3. Ibid., ss.25-26, Schedule 2; NSW Government Gazette No. 87, 12 June 2009, p.3046; The Barangaroo Delivery Authority Bill 2009, Explanatory Note, p.4 from the Parliamentary Counsel’s Office Website, Legislation, http://www.legislation.nsw.gov.au/bills/docref/0e3e6d0a-0854-11de-8faf-00144f4fe975 (accessed 27 June 2014).
4. Ibid., s.9.
5. Ibid., s.11.
6. Ibid., ss.8, 10.
7. Ibid., s.14 (2).
8. Ibid., Schedule 4 Clause 4.3. Amending Schedule 1, Part 1, Divisions of the Government Services, of the Public Sector Employment and Management Act 2002 (Act No.43, 2002).
9. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No.352) cls. 4 ; Notified on NSW Legislation Website, 27 July 2009; Department of Planning Annual Report 2008-2009, pp.17, 45, 52, 294; Department of Planning Annual Report 2009-2010, pp.6, 8, 78, 166, 181; Barangaroo Delivery Authority Annual Report 2011-2012, p.25.
10. Public Sector Employment and Management (Departments) Order 2011 (2011 No.184) cls. 4; notified on NSW Legislation Website, 3 April 2011; Ibid., pp.24-25; Department of Premier and Cabinet Annual Report 2011-2012, pp.12-13, 187; Department of Premier and Cabinet Annual Report 2012-2013, pp.9, 174; Entry for the Department of Premier and Cabinet, and the Barangaroo Delivery Authority from the NSW Government Directory website, http://www.service.nsw.gov.au/nswgovdirectory/premier-and-cabinet-department (accessed 27/06/2014) and http://www.service.nsw.gov.au/nswgovdirectory/barangaroo-delivery-authority (accessed 27 June 2014).
11. Statute Law (Miscellaneous Provisions) Act 2012, s. 2 (1), Schedule 1, Clause 1.3 [1]-[3]. Amending s.9, and Schedule 1 of the Principal Act; Barangaroo Delivery Authority Annual Report 2011-2012, p.65.
12. ‘Barangaroo Open Day 2014’ from the Barangaroo Delivery Authority website, http://www.barangaroo.nsw.gov.au/your-place/events/past-events/open-day-2014.aspx (accessed 01/07/2014); ‘Barangaroo’s first building wins major awards’ from the Barangaroo Delivery Authority website, http://www.barangaroo.nsw.gov.au/news-media/news/barangaroo’s-first-building-wins-major-awards.aspx (accessed 01 July 2014).
13. State Revenue and Other Legislation Amendment Act 2019 (Act No.8, 2019), Schedule 4 [8].
14. Barangaroo Delivery Authority, Annual Report 2019, pp.5-6.