New South Wales Consolidated Acts

LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 17

17 Grant of relevant authorisations

(1) The portfolio Minister may by order in writing given to the relevant administering agency direct the grant of a specified relevant authorisation to a person who becomes or who it is proposed will become the authorised operator.

(2) Such a direction (a
"grant direction" ) operates to grant the specified relevant authorisation on such terms and conditions and subject to such endorsements as may be specified in the direction, and so operates--

(a) without the need for any action by the relevant administering agency, and

(b) without the need for the making or determination of any application for the relevant authorisation, and

(c) despite any requirement of or restriction imposed by a relevant law in relation to the grant of a relevant authorisation.

(3) A grant direction may only direct the grant of a relevant authorisation that--

(a) operates to transfer or replace a relevant authorisation that is currently in force, and

(b) is subject to terms, conditions or endorsements that are the same (or to substantially the same effect) as those to which that relevant authorisation is subject.

(4) A grant direction may direct the grant of more than one relevant authorisation to transfer or replace an existing relevant authorisation.

(5) The portfolio Minister is to consult with the relevant administering agency before giving a grant direction for a relevant authorisation.

(6) The portfolio Minister may direct the relevant administering agency to give effect to a grant direction by formally granting, and issuing the appropriate documentation for, the relevant authorisation concerned. The relevant administering agency must comply with the portfolio Minister's direction within the period specified in the direction.

(7) Anything done by a public sector agency in compliance with a condition or endorsement of a relevant authorisation in relation to titling and registry assets is taken to have been done by the authorised operator for the purposes of any corresponding condition or endorsement of a relevant authorisation granted to the authorised operator pursuant to this section.

(8) In this section--

"grant" includes issue and transfer.

"relevant administering agency" , in relation to a relevant authorisation, means the public sector agency or public official having the function of granting the relevant authorisation.

"relevant authorisation" means a licence, permit, consent, entitlement, accreditation, exemption or other authorisation held by a public sector agency.