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2009
LEGISLATIVE ASSEMBLY OF THE 
NORTHERN TERRITORY
MINISTER FOR BUSINESS

LAND DEVELOPMENT CORPORATION AMENDMENT BILL
SERIAL NO. 29

EXPLANATORY STATEMENT
GENERAL OUTLINE
This Bill amends the Land Development Corporation Act 2005. 

The purpose of this Bill is to amend the powers and functions of the Land Development Corporation.  The Bill also makes some minor amendments.

NOTES ON SECTIONS

PART 1 		PRELIMINARY MATTERS

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 Land Development Corporation Amendment Act 2009. 

Clause 2		Commencement 
To commence on 1 July 2009. 

Clause 3		Act amended
This clause provides that the Act amended by this Bill is the Land Development Corporation Act 2005.	

Clause 4		Amendment of long title
This clause amends the long title of the Land Development Corporation Act to insert reference to residential developments.

Clause 5 		Amendment of section 3 (Interpretation)
This clause inserts definitions of:

1.	“co-development land” which means land declared to be co-development land either:
·	by the regulations; or 
·	in agreements between the Corporation and a person who has an interest in land.
 
2.	 “community amenities, area or facilities” means amenities, areas or facilities such as those listed which are designed or built to provide a convenience or function to a local community or people living in a particular locality.

3.	“Corporation land” means land in which the Corporation has or will have an interest or which is under the control or management of the Corporation. 

4.	“industrial businesses” includes other enterprises and businesses that provide goods or services to what are normally understood to be industrial business as well as people working at or visiting industrial businesses.

5.	“project land” can be either co-development land or Corporation land as those terms are defined.

6.	“residential developments” means developments of residences to provide permanent homes or transitional accommodation.  This also includes the development of a variety of amenities, facilities or areas associated with successful residential areas and communities. Associated developments may include community amenities, areas or facilities as well as commercial or retail areas or facilities and there are some examples given. 

This clause also amends section 3 by inserting a definition “Chief Executive Officer” as having a meaning corresponding with the Public Sector Employment and Management Act 2007. This corresponds with a number of changes made in the Schedule removing reference to the Public Sector Employment and Management Act 2007.  

Clause 6		Amendment of section 6 (Functions of Corporation)
This clause repeals section 6 and replaces it with a new section that expands the functions of the Corporation.  The functions are essentially as follows:
1.	developing and undertaking residential developments;
2.	developing land for use by industrial businesses;
3.	undertaking residential developments; 
4.	providing services, facilities and general assistance required for successful residential developments;
5.	providing services, facilities and general assistance required for the successful conduct of industry on land; and
6.	carrying out or facilitating other activities associated with the development or management of land, including in the areas of commercial, recreational and environmental/heritage.

Clause 7		Amendment of section 7 (Powers of Corporation) 
This clause adds to the current powers of the Corporation by empowering the Corporation to form partnerships and enter into joint ventures and other arrangements for sharing profits with the approval of the Treasurer.  
This clause also permits the Corporation to borrow or otherwise raise money with the approval of the Treasurer. 

This clause also empowers the Corporation to construct infrastructure, recreational, transport, sporting and other community facilities. 

Clause 8		Further Amendments 
This clause provides for the minor amendments listed in the Schedule to be made to the Act.  

The amendments in the Schedule include amendments required to remove unnecessary references to the Public Sector Employment and Management Act 2007 which have now been included in the definition of “Chief Executive Officer.”

There are also changes to account for the inclusion of the definition of Corporation land.