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									Attachment B
2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR LOCAL GOVERNMENT

JABIRU TOWN DEVELOPMENT AMENDMENT BILL 2008 
(Serial No 152)

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill provides for amendments to the Jabiru Town Development Act to remove the provisions relating to the Jabiru Town Council and to remove responsibility of the Jabiru Town Development Authority (“the Authority”) for the delivery of local government services at Jabiru.

Under the new local government arrangements (set to commence on 1 July 2008), Jabiru will be part of the West Arnhem Shire, which will also include the communities of Oenpelli, Goulbourn Island (Minjilang) and Croker Island (Warruwi).  For Jabiru to be included in the new shire the Jabiru Town Council must be dissolved and responsibility for the provision of local government services moved from the Authority to the new shire.

It is a crucial part of local government reform that shires are formed and take responsibility for the provision of local government services.  Other councils throughout the Territory are being dissolved under the current Local Government Act, but Jabiru is a special case as it falls under the Jabiru Town Development Act.

The purpose of this Bill is to amend the Jabiru Town Development Act to enable Jabiru to be included in the West Arnhem Shire as part of New Local Government.  Local government in Jabiru will come under the Local Government Act, in line with the rest of the Northern Territory’s councils.

The Bill also includes two minor amendments to the Local Government Act 2008.  The amendments correct a typographical error to section 51 and 54.

NOTES ON CLAUSES

			
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 Jabiru Town Development Amendment Act 2008.

2 Commencement
The Act will commence on 1 July 2008.

3 Act Amended

Clause 3 states that this Bill amends the Jabiru Town Development Act.

4 Amendment of Section 3 (Definitions)
Clause 4(1) provides for the omission of the words “In this Act, unless a contrary intention appears-”, and the insertion of “In this Act:”.

Clause 4(2) provides for the omission of the definitions of “council” and “town clerk” as contained within section 3.

Clause 4(3) provides for the insertion of a new definition of “council”, with the definition of “council” to mean West Arnhem Shire Council. 

5 Amendment of section 15 (Functions of the Authority)
Clause 5(1) provides for the omission of the words “and maintain” from section 15(1)(a).

Clause 5(2) provides for the omission of section 15(1)(d).

Clause 5(3) provides for the insertion of the word “and” at the end of section 15(1)(a) to (c).

6 Amendment of section 16 (Powers of the Authority)
Clause 6(1) provides for the omission of section 16(2)(p).

Clause 6(2) provides for the insertion of the word “and” at the end of section 16(2)(a) to (n).

7 Repeal of section 17 and 18
This clause provides for the omission of sections 17 and 18.

8 Repeal and substitution of section 19A (Delegation)
This clause provides for the repeal and substitution of section 19A.  The new section 19A states “The Authority may delegate any of its powers and functions under this Act to a person”.

9 Repeal of Parts IIIAA and IIIA
This clause provides for the omission of Parts IIIAA and IIA, which comprises of sections 22 to 22K.	

10 Amendment of Part IV heading
This clause provides for the words “AND COUNCIL” to be omitted from the heading of Part IV.

11 Amendment of section 27 (Application of moneys)
Clause 8 provides for the omission of section 27(a), and the substitution of a new section 27(a) which reads “(a) in payment or discharge of the expenses and other obligations of the Authority; and”.	

12 Repeal of sections 28A to 28Q and 29A to 30
This clause provides for the repeal of sections 28A to 28Q and 29A to 30.

13 Amendment of section 31 (By-laws)
Clause 13(1) provides for the omission of section 31(2)(a) and (b).

Clause 13(2) provides for the insertion of the word “and” at the end of section 31(2)(c) and (d).

14 Repeal and substitution of sections 31A and 31B
This clause provides for the omission of sections 31A and 31B, and the substitution of a new section 31A (Proceedings).  The new section 31A provides for the Authority, the Chair of the Authority, someone delegated by the Authority or someone directed by the Authority, to take action to recover moneys or penalties for offences against the Act.

15 Amendment of section 32 (Regulations)
Clause 15(1) omits section 32(1) and inserts a new section 32(1) as follows:

“(1) The Administrator may make regulations under this Act”.

Clause 15(2) provides for the omission of section 32(3).

16 New sections 33 to 35
This clause provides for the insertion of new sections after section 32.

The first new section is section 33 (Dissolution of Jabiru Town Council).

The new section 33(1)(a) provides for the Jabiru Town Council to be dissolved on 1 July 2008.

The new section 33(1)(b) provides for all of the Jabiru Town Council’s property, rights, liabilities and obligations to become the West Arnhem Shire Council’s responsibility upon the dissolution of the Jabiru Town Council, as per section 33(1)(a).

The new section 33(2) provides that, if, apart from this subsection, property would be acquired from a person because of the operation of subsection (1) other than on just terms: the person is entitled to receive from the Territory compensation and that a court of competent jurisdiction may decide the amount of compensation or make orders it considers necessary to ensure the acquisition is on just terms.

The new section 34 (Certain by-laws continue in force) provides that subject to the new section 35:

(a)	the by-laws in force under the Jabiru Town Development Act, at the commencement of this section become the by-laws of the West Arnhem Shire Council, but that their territorial application remain unchanged; and that

(b)	a reference in any such by-law to the Authority will, from the commencement of this section, be read as a reference to the West Arnhem Shire Council.

The new section 35 (Repeal of certain subordinate legislation) provides for the repeal of the Jabiru Town Development (Accounting) Regulations and the Jabiru Town Development (Council Elections) By-laws.

Part 3	Amendment of Local Government Act 2008

17 Act amended
This states that the Act amends the Local Government Act 2008.

18 Amendment of section 51 (Constitution of local boards)
This provides for the amendment of the legislative note at section 51(1) by omitting the word “are” and replacing it with “may be”.

19 Amendment of section 54 (Council committees)
This provides for the amendment of the legislative note at section 54(3) by omitting the word “are” and replacing it with “may be”.