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PUBLIC PRIVATE PARTNERSHIPS
COUNCIL POLICY
Adopted by Council: 19 February 2007 P a g e | 1 Trim No: Z11/8594
ADOPTED BY COUNCIL: 19 FEBRUARY 2007
BACKGROUND Council must comply with legislated and commercially prudent constraints when dealing with parties for the purpose of providing community facilities.
This policy outlines the procedures Council will implement in undertaking a public private partnership venture.
OBJECTIVE To establish a framework for the consideration and delivery of Public Private Partnerships so as to comply with section 400 [Chapter 12, Part 6] of the Local Government Act, 1993 and the Local Government (General) Regulations, 2003.
POLICY STATEMENT In June 2004 the NSW Government introduced legislation by way of an amendment of the Local Government Act, 1993 as a result of the Daley Report into the “Oasis” development by Liverpool City Council. The amendment (section 400) defines Public Private Partnerships (PPPs) and requires Council to follow procedures set out in the guidelines issued on 1 September 2005.
PUBLIC PRIVATE PARTNERSHIPS COUNCIL POLICY
Adopted by Council: 19 February 2007 P a g e | 2 Trim No: Z11/8594
STATEMENT OF PROCEDURES
EFFECTIVE DATE
The requirements of the Act dealing with PPPs have effect from 28 June 2004.
DEFINITION
The Act defines a PPP as an:
“arrangement between a Council and a private person for the purposes of:
a) providing public infrastructure on facilities (being infrastructure on facilities in respect of which the Council has an interest, liability or responsibility under the arrangement); or
b) delivering services in accordance with the arrangements or both.”
EXCLUSIONS
The PPP legislation provided for some exclusions under Division 7 of Part 13 of the Local Government (General) Regulations 2003. The legislation was not meant to capture the normal transactions carried out by Councils that are otherwise regulated by the Local Government 1993 or related legislation. Some exclusions are:
• the sale of Council property; • arrangements subject to funding requirements of section 55 of the Local Government Act 1993; • leasing or licensing of Community land; and • arrangements arising out of the operation of Division 6 of Part 4 of the Environmental Planning and
Assessment Act 1979.
AWARENESS
Any potential PPP should be submitted to the Governance Group through Finance Stream meetings.
Procedures as outlined by the Office of Local Government dated 1 September 2005 are to be followed (attached).
If there is any doubt about a transaction being caught by the legislation, then officers are to submit a report concerning matters as per the attached guidelines.
PUBLIC PRIVATE PARTNERSHIPS COUNCIL POLICY
Adopted by Council: 19 February 2007 P a g e | 3 Trim No: Z11/8594
ATTACHMENT
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SUMMARY SHEET
Responsible Division Property and Recreation
Date adopted by Council 19 February 2007
Date of previous adoptions
Date of next review 31 August 2017
Prepared by
Authorised by Manager Property and Recreation
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