New South Wales Consolidated Acts

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400B Definitions

(1) For the purposes of this Act, a
"public-private partnership" means an arrangement--
(a) between a council and a private person to provide public infrastructure or facilities (being infrastructure or facilities in respect of which the council has an interest, liability or responsibility under the arrangement), and
(b) in which the public infrastructure or facilities are provided in part or in whole through private sector financing, ownership or control,
but does not include any such arrangement if it is of a class that has been excluded from the operation of this Part by the regulations.
(1A) For the purposes of subsection (1), the provision of public infrastructure or facilities includes the delivery of services during the carrying out of any project under the public-private partnership.
(2) In this Part--

"arrangement" includes a contract or understanding (whether or not involving the formation of an entity).

"entity" means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated).

"PPP guidelines" means the guidelines in force from time to time under section 400C.

"private person" means any person other than--
(a) the Government (including the State, the Crown and a Minister of the Crown), or
(b) a public or local authority (including a council or a State owned corporation), or
(c) a public sector employee or other person or body acting in an official capacity on behalf of the Government or a public or local authority.

"relevant council" , in relation to public-private partnership or proposed public-private partnership, means the council that has entered into, or is proposing to enter into, the partnership.

"significant project" means--
(a) any project with an estimated total cost of more than $50 million or such other amount as may be prescribed by the regulations, or
(b) any project in respect of which the relevant council's financial contribution, or its equity position, amounts to 25% or more of the council's annual revenue that is lawfully available for spending on facilities or services of the kind to which the project relates.
(3) In determining a relevant council's financial contribution or equity position in relation to a project for the purposes of this Part, all elements of the project that the council provides are to be taken into account, including land value, the provision of non-monetary goods and services and any costs associated with the council's contractual liability in the event of the council incurring a loss under the project.
(4) For the purposes of this Part, a project under a public-private partnership that is carried out in stages is to be treated as a single project. The PPP guidelines may also specify other circumstances in which related projects carried out under a public-private partnership are to be treated as a single project for the purposes of this Part.

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