New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 400F

400F Council to provide assessment of PPP project to Departmental Chief Executive

(1) A council must not enter into a public-private partnership unless the council has provided the Departmental Chief Executive with an assessment of the project to be carried out under the partnership.

(2) In providing such an assessment, the general manager of the council is required to certify that it has been prepared in accordance with the PPP guidelines.

(3) If--

(a) the project to be carried out under the public-private partnership is a significant project, or

(b) the Departmental Chief Executive is of the opinion, having regard to the criteria specified in the PPP guidelines, that the project has a high risk,

the Departmental Chief Executive is to advise the council that the project is required to be referred to the Project Review Committee for review.

(4) If the Departmental Chief Executive advises the council that the project is not required to be referred to the Project Review Committee, the council is entitled--

(a) subject to obtaining the Minister's consent under section 358(1)(a), to enter into the public-private partnership, and

(b) subject to this Division, to carry out the project that is the subject of the assessment.