New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 400I

400I Review of PPP project by Project Review Committee

(1) If a project is required or directed to be referred to the Project Review Committee for review, the relevant council must not enter into a public-private partnership to carry out the project, or proceed with the carrying out of the project under a public-private partnership, unless--

(a) the relevant council has provided the Project Review Committee with an assessment of the project in accordance with the PPP guidelines, and

(b) the Project Review Committee has reviewed the project and is satisfied that the requirements of the PPP guidelines have been complied with in relation to the project.

(2) The relevant council has the responsibility of demonstrating to the Project Review Committee, in conducting its review of the project, that the requirements of the PPP guidelines have been complied with in relation to the project.

(3) If the Project Review Committee advises the council that the Committee is satisfied that the requirements of the PPP guidelines have been complied with in relation to the project, the council is entitled--

(a) to enter into the public-private partnership (if it has not already entered into it), or

(b) subject to this Division, to proceed with the carrying out of the project.

(4) The Project Review Committee's decision as to whether or not the relevant council has complied with the requirements of the PPP guidelines in relation to a project is final and cannot be reviewed by any court or tribunal.