Darwin Waterfront Corporation Act 2006 (NT)

NORTHERN TERRITORY OF AUSTRALIA

DARWIN WATERFRONT CORPORATION ACT 2006

As in force at 1 July 2021

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Objects of Act3 — Definitions4 — Darwin Waterfront PrecinctPart 2 — Darwin Waterfront CorporationDivision 1 — General matters5 — Establishment5A — Public office6 — Composition of Corporation7 — Corporation not within shield of Crown8 — Transfer of property9 — Chief executive officer10 — Termination of appointment of member11 — CommitteeDivision 2 — Functions and powers of Corporation12 — Functions of Corporation13 — Municipal services14 — General powers of Corporation15 — Rates for municipal services16 — Levy for promotional activities17 — Fees for services18 — Exemption from certain taxes and charges19 — By-laws20 — Direction by Minister21 — Minister's approval required for acquisition or disposal of real property22 — Effect of non-compliance23 — Staff members24 — Staff member may enter land for certain purposes25 — Corporation may compoundDivision 3 — Financial matters26 — Money of Corporation27 — Application of money28 — Account keeping29 — Treasurer's approval required for certain contractsDivision 4 — Reporting requirements30 — Annual report31 — Application of Corporations Act32 — Auditor to be given financial statementsDivision 5 — Meetings33 — Meetings34 — Disclosure of interestsDivision 6 — Other administrative matters35 — Delegation36 — Protection from liabilityDivision 7 — Review of Corporation's operation37 — ReviewPart 3 — Matters relating to ratesDivision 1 — Definitions38 — DefinitionsDivision 2 — General matters39 — Rateability of land in Precinct40 — Commonwealth land41 — Allotments42 — Apportionment if allotment rateable for part of financial year43 — Joint and several liability44 — Principal ratepayer for allotment45 — Assessment record46 — Notices to be given by ratepayers47 — Correction of recordDivision 3 — Imposition of rates48 — Declaration and notification of rates49 — Rates notice50 — Payment by instalment51 — Validity of declaration52 — Accrual of interest on overdue rates53 — Remission of interest54 — Rate concessions generally55 — Alleviation of financial hardship56 — Correction of anomaly in operation of rating system57 — Public benefitDivision 4 — Recovery of ratesSubdivision 1 — Definition58 — DefinitionSubdivision 2 — Court action59 — Recovery by court actionSubdivision 3 — Overriding statutory charge60 — Application of Subdivision61 — Overdue rates to be charge on allotment62 — Registration of charge63 — Effect of registered chargeSubdivision 4 — Sale of allotment64 — Power to sell allotment for non-payment of rates65 — Pre-conditions of sale66 — Sale of allotment67 — Proceeds of saleDivision 5 — Review and appeal68 — Right to apply for review69 — Consideration of application by administrative review committee70 — Corporation's decision on recommendation and appealPart 4 — Miscellaneous matters72 — RegulationsPart 5 — Transitional matter for Darwin Waterfront Corporation Amendment Act 201273 — Rates imposed before commencementENDNOTES — northern territory of australia

northern territory of australia

As in force at 1 July 2021

DARWIN WATERFRONT CORPORATION act 2006

An Act to establish the Darwin Waterfront Corporation and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Darwin Waterfront Corporation Act 2006.

2Objects of Act

The Darwin Waterfront Corporation is created by this Act for the achievement of the following objects:

• (a)

  to develop, manage and service the Precinct for the benefit of the community;

• (b)

  to promote the Precinct as a place of residence and business and a venue for public events and entertainment.

3Definitions

In this Act:

by-laws means by-laws made under section 19.

CEO, see section 9(1).

chairperson means the person holding or occupying the office of chairperson of the Corporation mentioned in section 6(3).

committee means a committee established under section 11.

common property means:

• (a)

  for a plan – the common property in relation to the plan as defined in section 4(1) of the Unit Titles Act 1975; and

• (b)

  for a scheme – the common property of the scheme as defined in section 33 of the Unit Title Schemes Act 2009.

Corporation means the Darwin Waterfront Corporation established by section 5(1).

land includes:

• (a)

  a unit, lot and common property created by registration of a plan; and

• (b)

  a unit and common property created by registration of a scheme.

meeting means a meeting of the Corporation held under section 33.

member means a member of the Corporation mentioned in section 6.

municipal services, see section 13.

plan means a units plan, or building development plan, as defined in section 4(1) of the Unit Titles Act 1975.

Precinct means the Darwin Waterfront Precinct specified under section 4.

promotional activities, see section 12(1)(c).

scheme means a unit title scheme as defined in section 10(1) of the Unit Title Schemes Act 2009.

staff member, see section 23(1).

unit means:

• (a)

  for a plan – a unit of the plan as defined in section 4(1) of the Unit Titles Act 1975; and

• (b)

  for a scheme – a unit of the scheme as defined in section 37 of the Unit Title Schemes Act 2009.

4Darwin Waterfront Precinct

The regulations may specify the areas forming the Darwin Waterfront Precinct.

Part 2Darwin Waterfront CorporationDivision 1General matters 5Establishment

• (1)

  The Darwin Waterfront Corporation is established.

• (2)

  The Corporation:

  • (a)

    is a body corporate with perpetual succession; and

  • (b)

    has a common seal; and

  • (c)

    is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

• (3)

  All courts, judges and persons acting judicially must:

  • (a)

    take judicial notice of the common seal affixed to a document; and

  • (b)

    presume the seal was duly affixed.

  5APublic office
• (1)

  The Corporation must have a public office.

• (2)

  The public office must be open to the public at reasonable times determined by the Corporation.

6Composition of Corporation

• (1)

  The Corporation is constituted by at least 3 but not more than 7 members appointed by the Minister.

• (2)

  A member holds office for the period (not exceeding 3 years) specified in the appointment.

• (3)

  The Minister must appoint a member (other than the CEO) to be the chairperson of the Corporation.

7Corporation not within shield of Crown

The Corporation:

• (a)

  does not represent the Territory; and

• (b)

  does not enjoy any privileges, rights or immunities of the Crown in right of the Territory; and

• (c)

  is not within the shield of the Crown in right of the Territory.

8Transfer of property

• (1)

  The Territory may transfer the ownership or control of any of its property (whether situated in the Precinct or not) to the Corporation.

• (2)

  The Corporation may transfer the ownership or control of any of its property to the Territory.

9Chief executive officer

• (1)

  The Minister must appoint a person recommended by the Corporation to be its chief executive officer (the CEO).

• (2)

  The CEO holds office for the period and on terms and conditions as decided by the Minister.

• (3)

  The CEO may be a public sector employee.

• (4)

  The CEO must, under the Corporation’s directions, exercise the Corporation’s powers and perform the Corporation’s functions.

• (5)

  The CEO is a member for section 6.

10Termination of appointment of member

• (1)

  The Minister may terminate a member’s appointment on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity.

• (2)

  The Minister must terminate a member’s appointment if the member:

  • (a)

    becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the member’s remuneration for their benefit; or

  • (b)

    is convicted in Australia of an offence punishable by imprisonment for 12 months or longer; or

  • (c)

    is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Corporation; or

  • (d)

    fails to comply with section 34.

  11Committee
• (1)

  The Corporation may establish a committee for one or more of its powers or functions.

• (2)

  Each committee consists of 2 or more members and any other persons appointed by the Corporation.

Division 2Functions and powers of Corporation 12Functions of Corporation

• (1)

  The functions of the Corporation are:

  • (a)

    to do anything for the development of land in the Precinct that is owned or controlled by the Corporation; and

  • (b)

    to manage property (including land and marine infrastructure) in the Precinct that is owned or controlled by the Corporation; and

  • (c)

    to do anything (promotional activities) for the promotion of the Precinct as a place of residence and business and a venue for public events and entertainment; and

  • (d)

    to do anything for construction to be carried out in the Precinct; and

  • (e)

    to preserve good order in the Precinct; and

  • (f)

    to do anything for the provision of municipal services in the Precinct; and

  • (g)

    to do anything for the development and maintenance of other civic amenities and facilities in the Precinct (including the staging of public events and entertainment in the Precinct); and

  • (h)

    on the Minister’s request, to advise the Minister about the Precinct; and

  • (i)

    to develop and manage land not forming part of the Precinct as directed by the Minister and in accordance with the regulations; and

  • (j)

    to perform other functions specified by regulation.

• (2)

  Without limiting subsection (1), the Corporation may:

  • (a)

    as the owner or controller of land, give instructions to any Agency or other body that is engaged in the development of, or construction works on, the land; and

  • (b)

    consult with anyone in relation to the performance of any of its functions.

• (3)

  The Corporation may enter into an arrangement with the Darwin City Council or another person for the performance by the Council or person of specified functions of the Corporation.

• (3A)

  The arrangement may provide for the Council or person to exercise powers of the Corporation for the arrangement.

• (4)

  The Corporation must perform its functions having regard to the objects of this Act.

13Municipal services

• (1)

  The Corporation must ensure services and amenities relating to the following are provided for the Precinct:

  • (a)

    sanitation, garbage collection and street cleaning;

  • (b)

    roads, footpaths, parking and traffic control;

  • (c)

    public places (including parks and public toilets);

  • (d)

    storm drainage;

  • (e)

    street lighting;

  • (ea)

    the maintenance of the quality of:

    • (i)

      any enclosed body of sea water (whether treated or untreated) that is designed as a feature of the Precinct; and

    • (ii)

      the water in any water feature or recreational facility on land owned or controlled by the Corporation in the Precinct;

  • (f)

    any other matters specified by regulation.

• (2)

  The Corporation may also arrange for the provision of other services and amenities for the Precinct as are specified by regulation.

• (3)

  Services and amenities provided under this section are municipal services.

14General powers of Corporation

• (1)

  The Corporation may do anything necessary or convenient for the performance of its functions.

• (2)

  Without limiting subsection (1), the Corporation may:

  • (a)

    with the Treasurer’s approval:

    • (i)

      borrow, lend, raise or invest money under section 29; and

    • (ii)

      form or participate in the formation of an incorporated body or partnership; and

    • (iii)

      grant guarantees or indemnities for, or otherwise assume responsibility for, the obligations of a person; and

  • (b)

    engage persons to assist the Corporation; and

  • (c)

    consult with and enter into arrangements with other persons or bodies (including Agencies); and

  • (d)

    grant registrations and issue permits and licences.

  15Rates for municipal services
• (1)

  The Corporation may impose rates on land in the Precinct for the funding of municipal services.

• (2)

  However, before the end of 2020, the Corporation may only impose the rates specified in subsection (3) and may only do so as provided in subsections (4), (5), (6) and (7).

• (3)

  For subsection (2), there are 2 rates that may be imposed:

  • (a)

    rates on all land other than common property; and

  • (b)

    rates on all land other than units.

• (4)

  The rates mentioned in subsection (3)(a) must be of the same rate and based on the same method of calculation for rates imposed on land in the central business district of the municipality of Darwin.

• (5)

  Land that would have been exempt from rates under the Local Government Act 2019 is exempt from the rates mentioned in subsection (3).

• (6)

  However, the rates mentioned in subsection (3)(b) may be imposed on the common property of a plan or scheme.

• (7)

  The rates mentioned in subsection (3)(b) must be imposed on the following basis:

  • (a)

    for the common property of a plan or scheme – the rates mentioned in subsection (3)(b) that are imposed on the common property for a financial year must not exceed 20% of the sum of the rates mentioned in subsection (3)(a) that are imposed on all the units of the plan or scheme for that year;

  • (b)

    for any other land – the rates mentioned in subsection (3)(b) that are imposed on the land for a financial year must not exceed 20% of the rates mentioned in subsection (3)(a) that are imposed on the land for that year.

  Note for section 15

  Part 3 contains further provisions relating to rates.

16Levy for promotion

• (1)

  The Corporation may impose a levy for the funding of promotional activities.

• (2)

  The levy may only be imposed on a person prescribed by regulation.

• (3)

  The by-laws may make provision about the levy.

• (4)

  The regulations may provide for the maximum amount of the levy that may be imposed on a person for a year (including specifying how that amount must be worked out).

17Fees for services

• (1)

  The Corporation may charge fees for services provided by or for the Corporation (whether the services are municipal services or not).

• (2)

  The by-laws may make provision about the fees.

18Exemption from certain taxes and charges

• (1)

  The Corporation, as the owner or controller of land in the Precinct:

  • (a)

    is not liable for any rates, levy or fees arising from section 15, 16 or 17; and

  • (b)

    is exempt from other requirements (for example, licensing or registration requirements) imposed by the by-laws.

• (2)

  In addition, the Corporation is not liable for any stamp duty imposed under the Stamp Duty Act 1978 in relation to the land.

• (3)

  Except as otherwise provided by a law of the Territory, a lessee of land owned by the Corporation is not exempt from the liabilities and requirements mentioned in subsections (1) and (2).

19By-laws

• (1)

  The Corporation may make by-laws, not inconsistent with this Act or any other law of the Territory, for any of the following matters:

  • (a)

    any matter relating to its common seal, meetings or procedures;

  • (b)

    promotional activities;

  • (c)

    controlling the Precinct (including the use of the land and water within the Precinct) and access to any part of it;

  • (d)

    care and maintenance of all or any part of the Precinct;

  • (e)

    preserving good order in the Precinct;

  • (f)

    regulating conduct (including omissions) occurring in the Precinct;

  • (g)

    prescribing a fine not exceeding 200 penalty units for an offence against the by-laws;

  • (h)

    providing for an offence against the by-laws to be a regulatory offence;

  • (i)

    providing for:

    • (i)

      the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the by-laws; and

    • (ii)

      the service of a notice relating to payment of the amount on a person alleged to have committed the offence; and

    • (iii)

      the particulars to be included in the notice;

  • (j)

    any other matter for the exercise of any of its powers or the performance of any if its functions under this Act;

  • (k)

    any other matter required or permitted by a law of the Territory.

• (2)

  The by-laws may apply, adopt or incorporate (with or without changes) the whole or part of an Act or other instrument (including the by-laws of a local government council) as in force or existing at a particular time or from time to time.

20Direction by Minister

• (1)

  The Minister may give directions to the Corporation for the exercise of any of its powers or the performance of any of its functions.

• (2)

  The Corporation must comply with the direction.

21Minister's approval required for acquisition or disposal of real property

The Corporation must not, without the Minister’s approval, acquire or dispose of any real property or interest in real property.

22Effect of non-compliance

• (1)

  The validity of an act of the Corporation is not affected by a failure of the Corporation to:

  • (a)

    obtain an approval of the Treasurer as required by section 14(2)(a); or

  • (b)

    comply with a direction of the Minister given under section 20; or

  • (c)

    obtain an approval of the Minister as required by section 21.

• (2)

  Without limiting subsection (1), the validity of a contract for a matter mentioned in section 14(2)(a) is not affected by a failure of the Corporation to obtain an approval of the Treasurer for that contract.

23Staff members

• (1)

  The Corporation may be assisted by each of the following (a staff member) in exercising its powers or performing its functions:

  • (a)

    a person who:

    • (i)

      is a public sector employee; and

    • (ii)

      is made available to the Corporation with the agreement of the Commissioner for Public Employment;

  • (b)

    a person employed or engaged by the Corporation.

• (2)

  A person employed by the Corporation as mentioned in subsection (1)(b):

  • (a)

    must be employed on terms and conditions as decided by the Corporation; and

  • (b)

    may be a public sector employee.

  24Staff member may enter land for certain purposes
• (1)

  A staff member may enter any land or building within the Precinct as required or permitted under this Act for an inspection or the carrying out of works.

• (2)

  The staff member may only do so:

  • (a)

    during reasonable hours; and

  • (b)

    except with the consent of the occupant of the land or building – at least 24 hours after written notice for the entry has been given by the CEO to the occupant.

  25Corporation may compound

  The Corporation may compound with any of the following persons for an amount of money or other consideration as the Corporation considers appropriate:

  • (a)

    a person who has entered into a contract with the Corporation;

  • (b)

    a person who has commenced or intends to commence proceedings against the Corporation;

  • (c)

    a person against whom the Corporation has commenced or intends to commence proceedings.

  Division 3Financial matters  

26Money of Corporation

The money of the Corporation consists of:

• (a)

  amounts appropriated for the Corporation; and

• (b)

  dividends on shares owned by the Corporation; and

• (c)

  interest on investments held by the Corporation; and

• (d)

  proceeds from the disposal of the Corporation’s property; and

• (da)

  the following amounts that are received or recovered by the Corporation:

  • (i)

    rates imposed under section 15;

  • (ii)

    interest that has accrued on rates under section 52;

  • (iii)

    costs reasonably incurred by the Corporation in recovering, or attempting to recover, rates; and

• (e)

  amounts imposed or charged under section 16 or 17 that are received by the Corporation; and

• (f)

  any other amounts that become available for use by the Corporation under a law of the Territory.

27Application of money

• (1)

  The money of the Corporation must be applied only for the exercise of its powers or performance of its functions.

• (2)

  An amount of rates mentioned in section 15, or interest mentioned in section 52, that is received by the Corporation may only be used for the provision of municipal services.

• (3)

  An amount of levy mentioned in section 16 that is received by the Corporation may only be used for the funding of promotional activities.

• (4)

  An amount of fees mentioned in section 17 that is received by the Corporation may only be used for the provision of the service relating to the fees.

28Account keeping

• (1)

  The Corporation must ensure:

  • (a)

    proper accounts and records of the Corporation’s transactions and financial affairs are kept; and

  • (b)

    there are adequate controls over the incurring of the Corporation’s liabilities; and

  • (c)

    all payments out of the Corporation’s money are correctly made and properly authorised; and

  • (d)

    adequate control is maintained over:

    • (i)

      the Corporation’s property; and

    • (ii)

      property in the Corporation’s custody, control or management.

• (2)

  The Treasurer may request the Corporation to give the Treasurer any information the Treasurer reasonably requires to accurately assess the Corporation’s financial position and financial affairs.

• (3)

  The Corporation must comply with the request.

29Treasurer's approval required for certain contracts

• (1)

  The Corporation must not enter into a contract for any of the following without the Treasurer’s approval:

  • (a)

    borrowing of money by the Corporation;

  • (b)

    lending of money by the Corporation;

  • (c)

    raising of money, otherwise than by borrowing, by the Corporation in a manner that is not specified for subsection (2);

  • (d)

    investing the Corporation’s money, otherwise than by lending, in a class of investment that is not specified for subsection (2).

• (2)

  The Treasurer may in writing specify:

  • (a)

    a manner of raising money for which the Treasurer’s approval is not required; and

  • (b)

    a class of investment for which the Treasurer’s approval is not required.

  Division 4Reporting requirements  

30Annual report

• (1)

  For each financial year, the Corporation must prepare an annual report on its operation during that year.

• (2)

  The report must include:

  • (a)

    the record of each Ministerial direction given under section 20(1) during that year; and

  • (b)

    financial statements relating to the Corporation’s operation for that year that are prepared because of section 31; and

  • (c)

    the Auditor-General’s report on the financial statements given to the Corporation under section 32.

• (3)

  The Corporation must give the annual report to the Minister within:

  • (a)

    one month after receiving the Auditor-General’s report; or

  • (b)

    another period specified by the Minister.

• (4)

  The Minister must table in the Legislative Assembly a copy of the annual report within 6 sitting days after receiving it.

31Application of Corporations Act

• (1)

  The accounting and reporting obligations imposed on a public company under the Corporations Act 2001 apply to the Corporation as if:

  • (a)

    the Corporation were a public company; and

  • (b)

    the Territory were the shareholders of the company.

• (2)

  To avoid doubt, the obligations mentioned in subsection (1) include obligations to prepare financial statements and the application of the relevant standards for those obligations.

32Auditor to be given

• (1)

  The Corporation must give the Auditor-General the financial statements prepared because of section 31 for a financial year within:

  • (a)

    2 months after the end of that year; or

  • (b)

    another period specified by the Minister.

• (2)

  The Auditor-General must:

  • (a)

    audit the financial statements; and

  • (b)

    report to the Corporation on the financial statements.

• (3)

  The Auditor-General must do so within:

  • (a)

    2 months after receiving the financial statements; or

  • (b)

    another period specified by the Administrator.

  Division 5Meetings  

33Meetings

• (1)

  The chairperson must convene as many meetings as are necessary to perform its functions.

• (2)

  The Minister may direct the chairperson to convene a meeting to deal with a matter specified by the Minister.

• (3)

  The chairperson must comply with the direction.

• (4)

  The quorum for a meeting of the Corporation is a majority of its members.

• (5)

  Questions arising at a meeting are determined by a majority of votes.

• (6)

  A member nominated by the chairperson must preside at a meeting in which the chairperson is absent.

• (7)

  At a meeting, the presiding member:

  • (a)

    has a deliberative vote; and

  • (b)

    in the event of an equality of votes, also has the casting vote.

• (8)

  The procedures for meetings must be determined by the Corporation.

34Disclosure of interests

• (1)

  If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the Corporation, the member must disclose the nature of the interest in a meeting as soon as practicable after the relevant facts come to the member’s knowledge.

• (2)

  The disclosure must be recorded in the Corporation’s minutes.

• (3)

  Subject to a resolution of the Corporation to the contrary, the member:

  • (a)

    must not, while the member has the interest, take part in any deliberation or decision of the Corporation relating to the matter; and

  • (b)

    must be disregarded for constituting the quorum of the Corporation for any deliberation or decision of the Corporation relating to the matter.

• (4)

  The Corporation must maintain a register of the interests of the members.

Division 6Other administrative matters 35Delegation

The Corporation may delegate any of its powers or functions to one or more of the following:

• (a)

  a member;

• (b)

  a staff member;

• (c)

  a committee.

36Protection from liability

• (1)

  This section applies to a person who is or has been a member.

• (2)

  The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act.

• (3)

  In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the Corporation in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act.

• (4)

  Subsections (2) and (3) do not affect any liability the Territory or the Corporation would, apart from those subsections, have for the act or omission.

Division 7Review of Corporation's operation 37Review

• (1)

  The Corporation must conduct a review of its operation and the operation of this Act within 12 months after an occupancy permit has been issued under the Building Act 1993 for a residential dwelling in the Precinct for the first time.

• (2)

  The Corporation must prepare a report of the review, incorporating any recommendations on the following:

  • (a)

    the management of the Precinct;

  • (b)

    the representation of individuals and groups in the membership of the Corporation;

  • (c)

    the devolution of the Corporation’s powers and functions to another body;

  • (d)

    any other matter for which the Minister has requested a recommendation;

  • (e)

    any other matter the Corporation considers appropriate.

  Part 3Matters relating to rates

Division 1Definitions 38Definitions

In this Part:

administrative review committee, see section 69(1).

allotment, see section 41.

assessment record means the assessment record kept by the Corporation under section 45.

nominal owner, of an allotment, means:

• (a)

  if the allotment is common property – the body corporate that, under the by‑laws, is liable to pay the rates imposed on the common property; or

• (b)

  if the allotment is held from the Territory under a lease – the lessee; or

• (c)

  if the allotment is held from the Corporation under a lease – the lessee; or

• (d)

  otherwise – the registered owner of the allotment.

occupier, of an allotment, means a person who is, either jointly or alone, in possession of the allotment to the substantial exclusion of others.

principal ratepayer, for an allotment, see section 44(1).

rate concession, see section 54(1).

rateable, see section 39(1).

ratepayer means a person who pays, or is liable to pay, rates imposed on an allotment under this Act.

registered owner, of an allotment, means the registered owner (as defined in section 4 of the Land Title Act 2000) of a lot that comprises or includes the allotment.

Division 2General matters 39Rateability of land in Precinct

• (1)

  All land in the Precinct is rateable except land specified in subsection (2).

• (2)

  For subsection (1), the following land is specified:

  • (a)

    land that is exempt from rates under section 15(5);

  • (b)

    land of the Corporation, other than land that is leased for a purpose that does not give rise to an exemption from rates under section 15(5);

  • (c)

    land of the Commonwealth, other than land that the Commonwealth has agreed be rateable.

  40Commonwealth land

  If the Commonwealth agrees that its land be rateable, the land is rateable on conditions agreed by the Commonwealth.

41Allotments

• (1)

  An allotment is a lot or part of a lot for which the Corporation proposes to make a separate assessment and imposition of rates.

• (2)

  The Corporation may only divide a lot that is subject to the same ownership into separate allotments if:

  • (a)

    the allotments are subject to separate occupation; or

  • (b)

    the allotments fall within different zones; or

  • (c)

    there is some other good reason for dividing the lot into separate allotments.

  Example for subsection (2)(a)

  If a lot comprises a block of flats and the flats are owned by one person but separately occupied, the Corporation could either:

  • (a)

    treat the block of flats as a single allotment and impose rates on the block as a whole; or

  • (b)

    treat each flat as a separate allotment and impose rates on each flat.

• (3)

  In this section:

  lot, see section 4 of the Land Title Act 2000.

  zone, see section 3(1) of the Planning Act 1999.

42Apportionment if allotment rateable for part of financial year

• (1)

  If an allotment becomes, or ceases to be, rateable during the course of a financial year:

  • (a)

    the allotment is liable to rates under section 15 for the financial year; but

  • (b)

    the amount of rates payable is the amount that is proportionate to the part of the financial year during which the allotment is rateable.

• (2)

  The Corporation must make any refund or remission of rates necessary to give effect to this section.

43Joint and several liability

• (1)

  The nominal owner and the occupier (if not the nominal owner) of an allotment are jointly and severally liable for rates imposed on the allotment.

• (2)

  However, the occupier does not become liable for the rates unless, under section 44, the occupier is designated in the assessment record as the principal ratepayer for the allotment.

44Principal ratepayer for allotment

• (1)

  The principal ratepayer for an allotment is the nominal owner of the allotment but, if a person other than the nominal owner is, under this section, designated in the assessment record as the principal ratepayer for the allotment, that person is the principal ratepayer.

• (2)

  If, under subsection (1), 2 or more people would be the principal ratepayer for an allotment, the CEO may designate one or more of them in the assessment record as the principal ratepayer for the allotment.

• (3)

  On the application of an occupier of an allotment, the CEO may designate the occupier in the assessment record as the principal ratepayer for the allotment.

• (4)

  If the occupier subsequently applies for the designation to be removed from the assessment record, the CEO must remove the designation.

• (5)

  A ratepayer designated under subsection (2) or (3) as the principal ratepayer for an allotment is the principal ratepayer to the exclusion of others.

• (6)

  If rates are paid by, or recovered from, a ratepayer who is not the principal ratepayer for an allotment, the ratepayer may, subject to any relevant agreement, recover the amount of the rates from the principal ratepayer or set the amount off against any liability owed to the principal ratepayer.

45Assessment record

• (1)

  The Corporation must keep an assessment record.

• (2)

  The assessment record must contain the following information for each allotment:

  • (a)

    a brief description of the allotment;

  • (b)

    if rates for the allotment are to be calculated as a proportion of the value of the allotment – a statement of the value;

  • (c)

    the name and postal address of the registered owner of the allotment;

  • (d)

    if the registered owner is not the nominal owner of the allotment – the name and postal address of the nominal owner;

  • (e)

    if the nominal owner is not the principal ratepayer for the allotment – the name and postal address of the principal ratepayer;

  • (f)

    if the allotment is subject to a differential rate on the basis of its use – a statement of the use;

  • (g)

    other information the Corporation resolves to include in the record.

  Note for paragraph (b)

  Section 15(4) and (7) specifies how rates are to be calculated.

• (3)

  The assessment record may be kept in the form the Corporation considers appropriate.

• (4)

  A copy of the assessment record must be available for inspection, free of charge, by any member of the public at the Corporation’s public office.

• (5)

  The CEO must, at the request of a person to whom an entry in the assessment record relates, suppress the person’s name or address (or both) from the publicly available copy of the record.

46Notices to be given by ratepayers

• (1)

  If a person becomes the principal ratepayer for a particular allotment, the person must, within 28 days of becoming the principal ratepayer, give the CEO written notice of that fact and of the person’s postal address.

  Maximum penalty:          20 penalty units.

• (2)

  If a principal ratepayer’s postal address changes, the principal ratepayer must, within 28 days of the change, give the CEO written notice of the new address.

  Maximum penalty:          20 penalty units.

• (3)

  If a person ceases to be the principal ratepayer for a particular allotment, the person must, within 28 days of ceasing to be the principal ratepayer, give the CEO written notice of that fact.

  Maximum penalty:          20 penalty units.

• (4)

  An offence against subsection (1), (2) or (3) is a regulatory offence.

47Correction of record

• (1)

  A person may apply to the Corporation for correction of an entry in the assessment record.

• (2)

  The application may be made on one or more of the following grounds:

  • (a)

    the entry wrongly classifies an allotment that is not rateable as rateable;

  • (b)

    the entry wrongly records the use of an allotment;

  • (c)

    the entry contains some other relevant misclassification or misdescription of an allotment;

  • (d)

    the entry wrongly records ownership or occupation of an allotment;

  • (e)

    the entry wrongly designates the applicant as the principal ratepayer for an allotment;

  • (f)

    the entry contains some other relevant error.

• (3)

  The application must be in writing and state:

  • (a)

    the applicant’s interest in the allotment to which the application relates; and

  • (b)

    the nature of the amendment that should, in the applicant’s opinion, be made.

• (4)

  If the application is uncontroversial, the CEO may decide the application on behalf of the Corporation but, if it raises matters of possible controversy, the application is to be dealt with by the Corporation or a Corporation committee.

• (5)

  The CEO must give the applicant written notice of the decision on the application as soon as practicable.

  Note for subsection (5)

  A person who is adversely affected by the decision may apply for a review under Division 5.

Division 3Imposition of rates 48Declaration and notification of rates

• (1)

  To impose rates under section 15 for a financial year, the Corporation must, on or before 31 July in that financial year, declare rates on allotments in the Precinct.

• (2)

  The declaration must state the following:

  • (a)

    the basis or bases of the rates;

  • (b)

    if the rates may be paid by instalment – the number of instalments payable and the date on which each instalment will fall due for payment;

  • (c)

    if a discount or other form of concession or benefit is to be given for prompt payment of rates in full:

    • (i)

      details of the discount, concession or benefit; and

    • (ii)

      the conditions on which it is to be given.

• (3)

  Within 21 days after declaring rates, the Corporation must publish notice of the declaration of rates and the matters specified in subsection (2):

  • (a)

    on its website; and

  • (b)

    in a newspaper circulating generally in the Precinct.

• (4)

  Failure to publish the notice within the time limit fixed by subsection (3) does not invalidate the declaration.

49Rates notice

• (1)

  At least 28 days before the payment of the rates, or the first instalment of the rates, falls due, the Corporation must issue an account for the payment of rates (a rates notice) for each allotment.

• (2)

  The rates notice must be given to the principal ratepayer for an allotment or, if it is not practicable to do so, to any other ratepayer for the allotment.

• (3)

  The rates notice must:

  • (a)

    state the due date for payment of the rates or, if the rates may be paid by instalment, the due date for payment of each instalment; and

  • (b)

    if a discount is to be given for prompt payment of rates in full – state:

    • (i)

      the percentage discount; and

    • (ii)

      the conditions on which the discount will be given; and

    • (iii)

      both the discounted and undiscounted amount payable; and

  • (c)

    if another form of concession or benefit is to be given for prompt payment of rates in full – state:

    • (i)

      details of the concession or benefit; and

    • (ii)

      the conditions on which it will be given; and

  • (d)

    contain any other information prescribed by the by-laws; and

  • (e)

    be given at least 28 days before the payment of the rates, or the first instalment of the rates, falls due.

• (4)

  Failure to give the rates notice within the time limit fixed by subsection (3)(e) does not invalidate the rates notice.

50Payment by instalment

• (1)

  If the Corporation allows payment of rates by instalment:

  • (a)

    each instalment must be paid by the due date for payment; but

  • (b)

    if a ratepayer fails to pay an instalment by the due date – all remaining instalments become immediately due.

• (2)

  However, the Corporation may relieve a ratepayer, or ratepayers generally, from the consequences of a failure to pay an instalment to an extent decided by the Corporation.

51Validity of declaration

• (1)

  The Minister may, by Gazette notice, declare that rates have been validly declared, or declared and levied, by the Corporation despite a particular procedural non-compliance or some other irregularity or error of a minor or technical nature.

• (2)

  The declaration validates the rates from the date of their purported declaration.

52Accrual of interest on overdue rates

• (1)

  If rates are not paid by the due date for payment, interest accrues on the amount of the unpaid rates at the relevant interest rate.

  Note for subsection (1)

  If the ratepayer defaults in payment of an instalment of rates, all remaining instalments become due and payable. Therefore, interest accrues on the total amount of the unpaid rates and not merely the amount of the instalment. (See section 50(1)).

• (2)

  Interest is calculated on a daily basis on the amount of the unpaid rates (exclusive of interest) from the due date until the date of payment.

• (3)

  In this section:

  relevant interest rate means the rate of interest fixed by the Darwin City Council as the relevant interest rate under section 10 of the Local Government Act 2019.

53Remission of interest

The Corporation may remit interest wholly or partly.

54Rate concessions generally

• (1)

  A rate concession is:

  • (a)

    a waiver in whole or part of rates or a component of rates; or

  • (b)

    a deferment in whole or part of a liability to pay rates or a component of rates; or

  • (c)

    both.

• (2)

  The Corporation may, by written notice, grant a rate concession under section 55, 56 or 57 unconditionally or on conditions determined by the Corporation.

• (3)

  If the Corporation grants a rate concession on conditions and the ratepayer fails to comply with a condition, the Corporation may by written notice to the ratepayer:

  • (a)

    withdraw the concession; and

  • (b)

    require the ratepayer to pay an amount, on or before a date specified in the notice, to neutralise any benefit to the ratepayer of the rate concession.

  55Alleviation of financial hardship
• (1)

  The Corporation may grant a rate concession to alleviate financial hardship.

• (2)

  The Corporation may grant the rate concession on application by a person who establishes to the Corporation’s satisfaction that the person will suffer financial hardship if the concession is not granted.

56Correction of anomaly in operation of rating system

• (1)

  The Corporation may grant a rate concession to a ratepayer or ratepayers of a particular class if satisfied it is necessary to do so in order to correct an anomaly in the operation of the rating system.

• (2)

  The Corporation may grant the rate concession on the Corporation’s own initiative or on application by an affected ratepayer.

57Public benefit

• (1)

  The Corporation may grant a rate concession to advance one or more of the following purposes:

  • (a)

    securing the proper development of the Precinct;

  • (b)

    preserving buildings or places of historical interest;

  • (c)

    protecting the environment;

  • (d)

    encouraging cultural activities;

  • (e)

    promoting community health or welfare;

  • (f)

    providing recreation or amusement for the public.

• (2)

  However, the rate concession:

  • (a)

    may only be granted if authorised under a policy formally adopted by resolution of the Corporation; and

  • (b)

    is subject to limitations and conditions specified in that policy.

• (3)

  The Corporation may grant the rate concession on its own initiative or on application by a ratepayer.

Division 4Recovery of ratesSubdivision 1Definition58Definition

In this Division:

rates includes, if the rates are overdue:

• (a)

  accrued interest; and

• (b)

  costs reasonably incurred by the Corporation in recovering, or attempting to recover, the rates.

Subdivision 2Court action59Recovery by court action

• (1)

  Rates imposed on an allotment may be recovered as a debt due to the Corporation from the principal ratepayer for the allotment, or any other ratepayer for the allotment, by action in a court of competent jurisdiction.

• (2)

  The proceedings may be commenced at any time within 6 years after the rates were imposed.

Subdivision 3Overriding statutory charge60Application of Subdivision

This Subdivision does not apply to rates imposed on common property.

61Overdue rates to be charge on allotment

• (1)

  If rates imposed on an allotment are not paid by the due date, the rates become a charge on the allotment.

• (2)

  However, the rates do not become a charge if the registered owner of the allotment is not a ratepayer who is liable for the rates that are in arrears.

62Registration of charge

• (1)

  If rates imposed on an allotment are a charge on the allotment and have been in arrears for at least 6 months, the Corporation may apply to the Registrar-General for registration of the charge.

• (2)

  The Registrar-General must, on payment of the appropriate fee by the Corporation:

  • (a)

    register the charge as an overriding statutory charge; and

  (b)     notify all persons with a registered interest in or over the allotment of the registration of the charge.

• (3)

  Failure to give notice of the registration of the overriding statutory charge under subsection (2)(b) does not invalidate the registration of the charge.

• (4)

  The Registrar-General must, on payment of the appropriate fee, cancel the registration of the overriding statutory charge if the Corporation applies for the cancellation.

• (5)

  The Corporation must apply for the cancellation if the liability to which the overriding statutory charge relates is fully satisfied, and may apply for the cancellation for any other reason.

63Effect of registered charge

While a charge is registered as an overriding statutory charge under this Subdivision, it has priority over all other registered and unregistered mortgages, charges and encumbrances except a previously registered overriding statutory charge.

Subdivision 4Sale of allotment64Power to sell allotment for non-payment of rates

The Corporation may sell an allotment if:

• (a)

  rates imposed on the allotment have been in arrears for at least 3 years; and

• (b)

  an overriding statutory charge securing liability for the rates is registered over the allotment and has been registered for at least 6 months.

65Pre-conditions of sale

• (1)

  Before selling an allotment for non-payment of rates, the Corporation must give notice to the principal ratepayer for the allotment at the address recorded in the assessment record.

• (2)

  The notice must:

  • (a)

    state the period for which rates have been in arrears; and

  (b)     state the amount of rates currently outstanding on the allotment; and

  (c) warn that if that amount is not paid in full within a stated period (which must not be less than 30 days) after the date of the notice, the Corporation will sell the allotment for non-payment of rates.

• (3)

  A copy of the notice must be given to:

  • (a)

    any other person with a registered interest in the allotment; and

  • (b)

    if the allotment is held from the Territory under a lease – the Minister administering the legislation under which the lease was granted.

• (4)

  If the whereabouts of a person to whom a notice (or copy) is required to be given is, after reasonable inquiries, not ascertained by the Corporation, the notice may be given by:

  • (a)

    publishing it in a newspaper circulating generally throughout the Territory; and

  • (b)

    leaving a copy of the notice in a conspicuous place at the allotment.

  66Sale of allotment
• (1)

  If the outstanding rates for an allotment are not paid within the period allowed by a notice given under section 65, the Corporation may sell the allotment.

• (2)

  The sale must be by public auction.

• (3)

  However, if the allotment is held from the Territory under a lease, the sale must be made as approved by the Minister administering the legislation under which the lease was granted.

• (4)

  A public auction must be advertised:

  (a) on the Corporation’s website; and

  (b)     on at least 2 separate occasions in a newspaper circulating generally throughout the Territory.

• (5)

  If, before the date of the sale, the outstanding rates (including costs incurred by the Corporation with a view to sale of the allotment) are paid, the Corporation must call off the sale.

• (6)

  If an auction fails, the Corporation may sell the allotment by private contract for the best price that it can reasonably obtain.

• (7)

  If the Corporation sells an allotment under this section, the Corporation may execute a conveyance of the allotment under its common seal.

• (8)

  On registration of the conveyance, title to the allotment vests in the purchaser freed and discharged from all mortgages, charges and encumbrances securing the payment of money.

67Proceeds of sale

• (1)

  The Corporation must apply the proceeds of the sale of an allotment under this Subdivision as follows:

  (a)     firstly, in the payment of the costs incurred in selling the allotment;

  (b) secondly, in the payment of all liabilities secured on the allotment (including the liability to the Corporation) in the order of their priority;

  (c)     thirdly, in payment to the registered owner of the allotment.

• (2)

  If the Corporation fails, after reasonable inquiry, to discover the identity or whereabouts of a person entitled to payment under this section, the Corporation may make the payment to the Public Trustee as unclaimed property.

• (3)

  A payment made to the Public Trustee under subsection (2) vests in the Public Trustee as mentioned in section 59A of the Public Trustee Act 1979.

Division 5Review and appeal 68Right to apply for review

• (1)

  A person who is adversely affected by a decision mentioned in section 47(5) may, within 14 days after the date of the decision, apply to the CEO for a review of the decision.

• (2)

  The application must:

  • (a)

    be in writing; and

  • (b)

    set out in detail the grounds on which the decision should, in the applicant’s opinion, be reconsidered.

• (3)

  The CEO may extend the period allowed for making an application under subsection (1) if the CEO is satisfied there are exceptional circumstances justifying the extension.

69Consideration of application by administrative review committee

• (1)

  The CEO must, on receiving an application under section 68, refer the application to a committee established by the Corporation for inquiring into such applications (an administrative review committee).

• (2)

  The administrative review committee may summarily reject the application if satisfied the application is frivolous, vexatious or lacking in substance.

• (3)

  If it does not reject the application, the administrative review committee must:

  • (a)

    inquire into the matters raised by the application; and

  • (b)

    recommend to the Corporation that the Corporation does one of the following:

    • (i)

      confirm the decision under review;

    • (ii)

      amend the decision under review;

    • (iii)

      revoke the decision under review;

    • (iv)

      make a further decision to mitigate the effect of the decision under review.

    70Corporation's decision on recommendation and appeal
• (1)

  After receiving a recommendation from an administrative review committee, the Corporation must make a final decision on an application under section 68.

• (2)

  The decision need not be consistent with the administrative review committee’s recommendation.

• (3)

  The CEO must give a decision notice to the applicant without delay after the Corporation makes a final decision on the application, setting out:

  • (a)

    the final decision and the reasons for it; and

  • (b)

    the right the applicant has, under this or another Act, to apply for a review of the decision to the Civil and Administrative Tribunal.

• (4)

  .             A person to whom a decision notice has been given under subsection (3) may apply to the Civil and Administrative Tribunal for review of the decision.

Part 4Miscellaneous matters

• 71

  Acquisition on just terms

If the operation of this Act would, apart from this section, result in an acquisition of property from a person otherwise than on just terms:

• (a)

  the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and

• (b)

  a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.

72Regulations

• (1)

  The Administrator may make regulations under this Act.

• (2)

  The regulations may:

  • (a)

    prescribe a fine not exceeding 200 penalty units for an offence against the regulations; and

  • (b)

    provide for an offence against this Act to be a regulatory offence; and

  • (c)

    apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time.

  Part 5Transitional matter for Darwin Waterfront Corporation Amendment Act 2012    

73Rates imposed before commencement

• (1)

  The amended Actcontinues to apply in relation to rates imposed by the Corporation before 1 July 2012, and to matters in relation to those rates dealt with in the amended Act, as if Part 2 of the Darwin Waterfront Corporation Amendment Act 2012 had not commenced.

• (2)

  In this section:

  amended Act means the Darwin Waterfront Corporation Act 2006 as in force immediately before 1 July 2012.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Darwin Waterfront Corporation Act 2006 (Act No. 25, 2006)
Assent date	19 September 2006
Commenced	19 September 2006
Darwin Waterfront Corporation Amendment Act 2008 (Act No. 1, 2008)
Assent date	11 March 2008
Commenced	11 March 2008
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)
Assent date	14 November 2008
Commenced	1 July 2008 (s 2)
Unit Title Schemes Act 2009 (Act No. 14, 2009)
Assent date	26 May 2009
Commenced	pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1)
Darwin Waterfront Corporation Amendment Act 2012 (Act No. 10, 2012)
Assent date	27 April 2012
Commenced	1 July 2012 (s 2)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date	2 June 2014
Commenced	s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2)
Local Government Legislation Amendment Act 2015 (Act No. 8, 2015)
Assent date	23 April 2015
Commenced	pt 4, div 3: 17 February 2016 (Gaz G7, 17 February 2016, p 2); rem: 23 April 2015 (s 2)
Local Government Act 2019 (Act No. 39, 2019)
Assent date	13 December 2019
Commenced	pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date		19 November 2020
Commenced		20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date		25 May 2021
Commenced		26 May 2021 (s 2)

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 15, 18, 37, 38, 41, 52 and 67.

• 4

  LIST OF AMENDMENTS

s 3                     amd No. 28, 2008, s 8; No. 10, 2012, s 4; No. 19, 2014, s 26

s 5A                   ins No. 10, 2012, s 5

s 12                   amd No. 1, 2008, s 3

s 13                   amd No. 1, 2008, s 4

s 15                   amd No. 28, 2008, s 9; No. 14, 2009, s 129; No. 10, 2012, s 6; No. 39, 2019, s 370

s 18                   amd No. 1, 2008, s 5

s 19                   amd No. 28, 2008, s 10; No. 19, 2014, s 26

s 26                   amd No. 10, 2012, s 7

s 27                   amd No. 10, 2012, s 8

pt 3 hdg             ins No. 10, 2012, s 11

pt 3

div 1 hdg           ins No. 10, 2012, s 11

s 38                   ins No. 10, 2012, s 11

pt 3

div 2 hdg           ins No. 10, 2012, s 11

ss 39 – 47          ins No. 10, 2012, s 11

pt 3

div 3 hdg           ins No. 10, 2012, s 11

ss 48 – 51          ins No. 10, 2012, s 11

s 52                   ins No. 10, 2012, s 11

amd No. 39, 2019, s 370

ss 53 – 57          ins No. 10, 2012, s 11

pt 3

div 4 hdg           ins No. 10, 2012, s 11

pt 3

div 4

sdiv 1 hdg          ins No. 10, 2012, s 11

s 58                   ins No. 10, 2012, s 11

pt 3

div 4

sdiv 2 hdg          ins No. 10, 2012, s 11

s 59                   ins No. 10, 2012, s 11

pt 3

div 4

sdiv 3 hdg          ins No. 10, 2012, s 11

ss 60 – 63          ins No. 10, 2012, s 11

pt 3

div 4

sdiv 4 hdg          ins No. 10, 2012, s 11

ss 64 – 67          ins No. 10, 2012, s 11pt 3

div 5 hdg           ins No. 10, 2012, s 11

ss 68 – 69          ins No. 10, 2012, s 11

s 70                   ins No. 10, 2012, s 11

amd No. 8, 2015, s 80

s 71                   ins No. 10, 2012, s 12

pt 4 hdg             renum No. 10, 2012, s 9

s 72                   renum No. 10, 2012, s 10

pt 5 hdg             ins No. 10, 2012, s 13

s 73                   ins No. 10, 2012, s 13