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Under the State Development and Public Works Organisation Act 1971 (SDPWO Act), the Coordinator-General may recommend to the Minister and the Governor in Council that certain works be undertaken by a local body.

Similarly, the Coordinator-General (or another person acting on behalf of the Coordinator-General) may be directed, via a regulation, to undertake approved works.

The definition of 'works' under the SDPWO Act is very broad. It includes the whole and every part of any work, project, service, utility, undertaking or function that the Coordinator-General, another person on behalf of the Coordinator-General or a local body is authorised under the Act to undertake.

Works by local body

The Coordinator-General may recommend to the Minister that a local body carry out particular works.

If the Minister and the Governor in Council approve the Coordinator-General's recommendation, a regulation may be made that directs the local body to undertake the recommended works.

What is a 'local body'?

Local bodies include:

Timeframes

The Minister may specify a timeframe for the commencement or completion of the works.

Failure to comply

If the local body fails to comply with the works regulation, the Governor in Council may authorise the Coordinator-General or a project board to commence or complete the works.

All the costs of remedying the default must be paid by the local body.

Works by Coordinator-General

If the Coordinator-General is directed to carry out works, he or the person authorised by him is exempt from the approval and planning requirements of the Planning Act 2016.

The exemption only applies when the Coordinator-General, or another person acting on behalf of the Coordinator-General, exercises and performs the functions and powers of the Coordinator-General under the SDPWO Act.

The Coordinator-General has been directed by regulation to undertake facilitation works for the Rookwood Weir Project and Building Future Schools Fund Project as described in the following project reports:

Timeframes

The works must be undertaken as soon as practicable after the regulation is made.

Coordinator-General's powers

To ensure the timely delivery of the works, the SDPWO Act gives the Coordinator-General the power to (among other things):

The Coordinator-General can remain on the land for as long as considered necessary.

Notice to land owners and occupiers

Where practicable, the Coordinator-General is required to give the occupier of the land (or owner, in lieu of any occupier) seven days written notice of the intention to enter the land.

Compensation

A person who claims to have suffered damage resulting from the exercise of the Coordinator-General's power to enter private land is entitled to make a claim for compensation.

Such a claim may include:

Delegation of works

A power, function or duty given to, or imposed on, the Coordinator-General under a works regulation can be delegated by the Coordinator-General to a:

This delegation is subject to the prior approval of the Minister and the Governor in Council.

More information

For information on the latest approved works, read the State Development and Public Works Organisation Regulation 2010.