New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 400K

400K Compensation not payable

(1) Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this Part--

(a) the enactment of the Local Government Amendment (Public-Private Partnerships) Act 2004 or the operation of this Part,

(b) the exercise by the Minister, a person employed in the Department or a member of the Project Review Committee of any function under this Part (including any failure or delay in exercising any such function),

(c) any statement or conduct in connection with public-private partnerships or this Part.

(2) Compensation is not payable by a council to any private person as a consequence of the council being prevented, by the operation of this Part, from entering into a public-private partnership or from carrying out a project under a public-private partnership.

(3) However, subsection (2) does not apply in relation to a council if the public-private partnership concerned is a partnership referred to in section 400N(2).

(4) In this section--

"compensation" includes damages or any other form of monetary compensation.

"conduct" includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.

"statement" includes a representation of any kind, whether made verbally or in writing and whether negligent, false or misleading or otherwise.

"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes an officer, employee or agent of the Crown or any member of the Project Review Committee.