AGY-6990 | Infrastructure NSW

Full description

Infrastructure NSW (iNSW) was established under section 5 of the Infrastructure NSW Act 2011 (Act No.23, 2011) on 1 July 2011. (1) Infrastructure NSW had the following functions under the Act:
(a) to prepare and submit to the Premier a 20-year State infrastructure strategy,
(b) to prepare and submit to the Premier 5-year infrastructure plans and other plans requested by the Premier,
(c) to prepare and submit to the Premier sectoral State infrastructure strategy statements,
(d) to prepare project implementation plans for major infrastructure projects,
(e) to review and evaluate proposed major infrastructure projects by government agencies or the private sector and other proposed infrastructure projects (including recommendations for the role of Infrastructure NSW in the delivery of those projects),
(f) to oversee and monitor the delivery of major infrastructure projects and other infrastructure projects identified in plans adopted by the Premier,
(g) to carry out or be responsible for the delivery of a specified major infrastructure project in accordance with an order of the Premier under Part 5,
(h) to assess the risks involved in planning, funding, delivering and maintaining infrastructure, and the management of those risks,
(i) to provide advice to the Premier on economic or regulatory impediments to the efficient delivery of specific infrastructure projects or infrastructure projects in specific sectors,
(j) to provide advice to the Premier on appropriate funding models for infrastructure,
(k) to co-ordinate the infrastructure funding submissions of the State and its agencies to the Commonwealth Government and to other bodies,
(l) to carry out reviews of completed infrastructure projects at the request of the Premier,
(m) to provide advice on any matter relating to infrastructure that the Premier requests. (2)

Infrastructure NSW was to exercise its functions with a view to achieving the objects of the Act which were:
(a) to secure the efficient, effective, economic and timely planning, co-ordination, selection, funding, implementation, delivery and whole-of-lifecycle asset management of infrastructure that is required for the economic and social well-being of the community, and
(b) to ensure that decisions about infrastructure projects are informed by expert professional analysis and advice. (3)

iNSW was subject to the control and direction of the Premier in the exercise of its functions and a Board of Infrastructure NSW was created. The Board was to consist of the following members: a person appointed by the Minister as the Chairperson of the Board; not more than 5 persons appointed from the private sector who together have skills and experience in infrastructure planning, funding and delivery; the Chief Executive Officer; the Secretary of the Department of Premier and Cabinet; the Secretary of the Treasury; the Secretary of the Department of Industry, Skills and Regional Development and the Secretary of the Department of Planning and Environment. (4)

On 1 September 2011, Infrastructure NSW's responsibilities relating to the Restart NSW Fund were legislated under the Restart NSW Fund Act 2011. Restart NSW Fund was established for the purpose of setting aside funding for and securing the delivery of major infrastructure projects and other necessary infrastructure. (5)

On 1 July 2019, under the State Revenue and Other Legislation Amendment Act 2019, the assets, rights and liabilities of the UrbanGrowth NSW Development Corporation were transferred to Infrastructure NSW and Infrastructure NSW was taken to be a development corporation for the purposes of Part 3 and sections 27, 30, 32, 33 and 41 of the Growth Centres (Development Corporations) Act 1974. Additionally, under the State Revenue and Other Legislation Amendment Act 2019, Infrastructure NSW became responsible for statutory functions under the Barangaroo Act 2009. (6)

On 1 July 2019 when the UrbanGrowth NSW Development Corporation was dissolved by the State Revenue and Other Legislation Amendment Act 2019, those persons employed in the UrbanGrowth NSW Development Corporation were transferred to Infrastructure NSW within the Department of Premier and Cabinet. (7)

In 2021, the organisational structure of Infrastructure NSW consisted of the following divisions:
- Strategic Programs Office
- Investor Assurance
- Strategy, Planning and Innovation
- Corporate Services
- Finance and Operation
- Hawkesbury-Nepean Flood Management Directorate
- Projects NSW. (8)

On 1 April 2022 Infrastructure NSW was transferred from the Department of Premier and Cabinet to the Department of Transport. (9)

Under an agreement between Infrastructure NSW and Place Management NSW, from 4 March 2022 Place Management NSW performed the Barangaroo activation and precinct management functions for Infrastructure NSW. (10)

From 5 April 2023 Infrastructure NSW was transferred to Treasury. (11) On 1 July 2023 the Hawkesbury-Nepean Valley Flood Risk Management Directorate in Infrastructure NSW was transferred to the NSW Reconstruction Authority. (12)

Endnotes
1. Infrastructure NSW Act 2011 (Act No.23, 2011), s.5; Commencement Proclamation (2011 No 314), NSW Legislation Website, 1 July 2011.
2. Ibid., s.11.
3. Ibid., s.3.
4. Ibid., s.7.
5. Restart NSW Fund Act 2011 (Act No. 32, 2011), ss.1-3.
6. Infrastructure NSW website, Our Governing Legislation, https://www.infrastructure.nsw.gov.au/about-us/our-governing-legislation/ (accessed 8 November 2022).
7. State Revenue and Other Legislation Amendment Act 2019 (Act No.8, 2019), Schedule 5 [3] amending Schedule 1 of the Principal Act, the Growth Centres Development Centres Act 1974 (Act No.49), 1974; Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159), cl.15, NSW Legislation Website, 2 April 2019.
8. Infrastructure NSW, Annual Report 2020-2021, p.37.
9. Administrative Arrangements (Administrative Changes - Miscellaneous) Order 2022 (2022 No 38), Schedule 1 [5], NSW Legislation Website, 17 February 2022 amending Schedule 1 Part 2 of the Government Sector Employment Act 2013 (Act No.40, 2013).
10. Infrastructure NSW, Annual Report 2021-2022, p.7.
11. Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2023 (2023 No 138), Sch.1; NSW Legislation website, 5 April 2023.
12. Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2023 (2023 No 316), cl.13; NSW Legislation website, 23 June 2023.