LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR ECONOMIC DEVELOPMENT 
AND MAJOR PROJECTS

LAND DEVELOPMENT CORPORATION AMENDMENT BILL 2014
SERIAL NO. 90

EXPLANATORY STATEMENT

GENERAL OUTLINE

§	The Land Development Amendment Bill 2014 will allow the Minister to establish and appoint an Advisory Board (member/s) for a specific purpose and duration.
§	Operating for over 10 years with a permanent Advisory Board structure in place, changes are timely to enable the Corporation to act commercially in a transparent manner, whilst achieving costs savings and streamlining business functions.
§	Access to a wider scope of skill sets and experience when seeking specific advice as and when required.
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 Land Development Corporation Amendment Act 2014.

Clause 2.	Act amended

This Act amends the Land Development Corporation Act.

Clause 3.	Section 3 amended

(1)	This deletes reference to a Chairperson and Deputy Chairperson. 
(2)	This inserts the definition of an ordinary member as any member not being the Corporation. 
(3)	This removes reference to a singular board.
(4)	This deletes reference to a Chairperson and Deputy Chairperson. It also indicates that both ordinary members and the Corporation will be members for the purposes of the Act.  

Clause 4.	Section 3A inserted

This confirms that Part IIAA of the Criminal Code will apply to any offences against the Land Development Corporation Act.  

Clause 5.	Section 6 amended

This confirms that the Corporation can carry out or facilitate a range of activities associated with the development or management of project land. 

Clause 6.	Sections 13-21 replaced

(1)	Section 13 – this allows the Minister to establish an Advisory Board to perform the functions mentioned in section 14. It also indicates that a Board will include the Corporation and a maximum of 4 ordinary members.  
(2)	Section 14 – this states the functions of a Board will be to advise the Corporation on matters relating to the activities of the Board referred to it by the Minister or the Corporation. 
(3)	Section 15 – this states those members will hold office for the term indicated in the instrument of appointment and confirms that ordinary members may be reappointed.  
(4)	Section 16 – this confirms that persons will cease to be ordinary members if their term of office expires or the person resigns in writing to the Minister. 
(5)	Section 17 – this states that circumstances in which the Minister may terminate the appointment of an ordinary member.  Subsection (2) requires the Minister to terminate the appointment of an ordinary member if that member knowingly fails to comply with section 22.  Subsection (3) outlines the circumstances in which an ordinary member’s appointment will terminate.  Subsection (4) confirms that terminations of appointment pursuant to subsections (1) or (2) must be in writing and given to the member.

Clause 7.	Section 22 amended

This amendment omits “the Board” and inserts “a Board” which indicates that a Board is not permanent and that there may be more than one Board at a given time.

Clause 8.	Section 23 amended

This amendment omits “the Board” and inserts “a Board” which indicates that a Board is not permanent and that there may be more than one Board at a given time.

Clause 9.	Section 24 amended

(1)	The Corporation will preside at a meeting of a Board unless the Corporation is absent in which case the ordinary members present will elect who among them will preside over a particular meeting.  
(2)	Half the members plus one, of any given Board will constitute a quorum.  

Clause 10.	Section 25 amended

This amendment omits “the Board” and inserts “a Board” which indicates that a Board is not permanent and that there may be more than one Board at a given time.

Clause 11.	Section 35 amended

A by-law may apply to whole or part of the Corporation’s land or to a specified class of persons or circumstances.  

Clause 12.	Section 44 amended

This amendment omits “the Board” and inserts “a Board” which indicates that a Board is not permanent and that there may be more than one Board at a given time.

Clause 13.	Expiry of Act

Details that the current Act expires the day after the Amendment commences.