LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER

DARWIN WATERFRONT CORPORATION BILL 2006
  		  SERIAL NO. 55

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to create the Darwin Waterfront Corporation; to designate the area constituting the Darwin Waterfront Precinct; to describe the composition of the Corporation; to set out the powers and functions of the Corporation; to describe the moneys of the Corporation; to impose reporting requirements on the Corporation; to regulate meetings of the Corporation and to establish a review mechanism of the Act and the Corporation within 12 months of residents occupying the precinct. 

NOTES ON CLAUSES

Clause 1	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Darwin Waterfront Corporation Act 2006.

Clause 2	Objects of the Act

This clause sets out the objects of the Corporation which are:
(a)	to develop, manage and service the Precinct for the benefit of the community; and
(b)	to promote the Precinct as a place of residence and business and a venue for public events and entertainment.

Clause 3	Definitions

This is a formal clause which sets out the meaning of specific terms used in the Bill.

Clause 4	Darwin Waterfront Precinct

This clause provides that the regulations are to specify the area of land that forms the Darwin Waterfront Precinct.

Clause 5	Establishment

This clause establishes the Darwin Waterfront Corporation as a body corporate with perpetual succession and a common seal, capable of acquiring, holding and disposing of real and personal property.

Clause 6	Composition of Corporation

This clause provides that the Corporation is constituted by 3 to 7 members appointed by the Minister who may hold office for a maximum of 3 years and the chairperson is to be one of the members, other than the Chief Executive Officer, appointed by the Minister.

Clause 7	Corporation not within shield of Crown

This clause provides that the Corporation does not represent the Territory, is not within shield of the Crown and does not enjoy privileges and immunities of the Crown. 

Clause 8	Transfer of property

This clause provides that the Territory may transfer ownership and control of the property to the Corporation.  The clause also provides the Corporation may transfer ownership or control of property to the Territory.

Clause 9	Chief Executive Officer

This clause provides for the appointment of the Chief Executive Officer of the Corporation by the Minister on recommendation by the Corporation.  The Chief Executive Officer is appointed for the period and on the terms decided by the Minister and may be a public servant.  The Chief Executive Officer is a member of the Corporation and will exercise the powers of the Corporation under the direction of the Corporation.

Clause 10	Termination of appointment of member

This clause provides for the termination of a member of the Corporation by the Minister for inability, inefficiency, misbehaviour, physical or mental incapacity, becomes bankrupt, is convicted of an offence punishable by 12 months or more imprisonment, is absent for more than three consecutive meetings of the Corporation or fails to disclose an interest where required.

Clause 11	Committee

This clause provides that the Corporation may establish a committee for one or more of its powers or functions and that such committees are to consist of at least two members appointed by the Corporation.

Clause 12	Functions of Corporation

This clause sets out the functions of the Corporation.  The Corporation is required to have regard to the objects of the Act when performing its functions.  In addition, the Corporation may instruct an Agency or other body engaged in the development or construction on land owned or controlled by the Corporation.

Clause 13	Municipal services

This clause requires the Corporation to ensure the provision of services and amenities for the Precinct relating to sanitation, garbage collection, street cleaning, roads, footpaths, parking and traffic control, public places, storm drainage and street lighting.  The Corporation may arrange for provision of other services and amenities for the Precinct as specified in the regulations.

Clause 14	General powers of Corporation

This clauses provides that the Corporation may do anything necessary or convenient for the performance of its functions.  The Corporation may borrow, lend, raise or invest money with the Treasurer’s approval, form or participate in the formation of an incorporated body with the Treasurer’s approval, engage persons to assist the Corporation, consult and enter into arrangements with other persons or bodies and grant registrations and issue licenses and permits. 

Clause 15	Rates for municipal services

This clause provides that the Corporation may impose rates on land within in the Precinct.  Prior to 2020, the Corporation must only impose rates:
·	in relation to rates payable by all owners of land in the Precinct, at the same rate and based on the same method used for land in the Darwin Central Business District (CBD); and
·	in relation to rates payable by owners of land other than owners of unit titles, an amount capped at 20% of the total amount raised from rates payable by all owners of land.

Clause 16	Levy for promotional activities

This clause provides that the Corporation may impose a levy for the purpose of promoting the Precinct.  The levy may only be imposed on persons prescribed by regulation.

Clause 17	Fees for services

This clause provides that the Corporation may charge fees for services provided by it, whether these are municipal services or not.

Clause 18	Corporation exempt from certain taxes and charges

This clause exempts the Corporation as the owner or controller of land in the Precinct from rates, levies and fees applicable under this Act.  The Corporation is also exempt from any other requirements imposed by by-laws and in relation to the land, stamp duty under the Stamp Duty Act.

Clause 19	By-laws

This clause provides the Corporation may make by-laws, not inconsistent with the Act or other laws of the Territory.  The by-laws may apply, adopt or incorporate other legislative instruments, including by-laws of a municipal council.

Clause 20	Direction by Minister

This clause provides that the Minister may give directions to the Corporation on its exercise of its powers or performance of its functions.  The Corporation is required to comply with a direction of the Minister.

Clause 21	Approval for acquisition or disposal of property

This clause provides the Corporation must not acquire or dispose of real property or any interest in real property without the approval of the Minister. 

Clause 22	Effect of non-compliance

This clause provides an act of the Corporation is not affected by the Corporation failing to comply with the requirements under the Act.

Clause 23	Staff members

The clause provides that the Corporation may be assisted by persons who are public sector employees, the Corporation may employ its own staff who will become public sector employees or engage other persons (eg contractors, consultants).

Clause 24	Staff member may enter land 

This clause give a staff member of the Corporation the power to enter land or buildings within the Precinct to carry out inspections or works required or permitted under the Act.

Clause 25	Corporation may compound

This clause provides that the Corporation may enter into a settlement or arrangement with a person who has entered into a contract with the Corporation, commenced or intends to commence proceedings against the Corporation, or who the Corporation has commenced proceedings against. 

Clause 26	Money of Corporation

This clause sets out the various sources of funds for the Corporation.

Clause 27	Application of money

This clause provides that the Corporation must only use its money for the exercise of its powers or performance of its functions.  Further, amounts raised from the imposition of rates may only be used for the provision of municipal services, amounts raised from promotional levies may only be used for the funding of promotional activities and amounts received from the provision of a service may only be used for the provision of that service.

Clause 28	Account keeping

This clause requires the Corporation to keep proper accounts and records of its financial affairs and ensure that there are adequate controls.  The Corporation must provide any information requested by the Treasurer.

Clause 29	Treasurer’s approval required for certain contracts

This clause sets out those contracts the Corporation must first obtain the Treasurer’s approval, before entering into: borrowing or other raising of money, lending money and investing money.

Clause 30	Annual report

This clause requires the Corporation to prepare an annual report for each financial year on its operations in that year.  The annual report is required to include a record of any Ministerial directions under the Act, financial statements and the Auditor-General’s report on the financial statements.

Clause 31	Application of Corporations Act

This clause applies the accounting and reporting obligations imposed on a public company under the Corporations Act 2001 to the Corporation as if it was a public company and the Territory was the shareholder of the company.

Clause 32	Auditor to be given financial statements

This clause provides for the audit of the Corporation’s financial statements by the Auditor-General.

Clause 33	Meetings

This clause sets out the requirements for meetings and meeting procedures.

Clause 34	Disclosure of interests

This clause sets out the requirements for members to disclose a direct or indirect interest in a matter being or about to be considered by the Corporation.

Clause 35	Delegation

This clause provides that the Corporation may delegate its powers or functions to members, staff members, or committees.

Clause 36	Protection from liability

This clause provides protection to current and past members of the Corporation from civil and criminal liability for acts done or failed to be done in good faith when exercising or purporting to exercise powers or perform functions of the Corporation.

Clause 37	Review

This clause provides that the Corporation must conduct a review of its operation and the operation of the Act within twelve months of the first residential occupancy permit being issued in the Precinct.  The Corporation is required to prepare a report of the review.

Clause 38	Regulations

This is formal clause providing that the Administrator may make regulations under the Act which may include the prescription of fees, provision of offences and the application, adoption or incorporation of documents.