Land Development Corporation Act 2003 (NT)
NORTHERN TERRITORY OF AUSTRALIA
land development corporation ACT 2003
As in force at 13 November 2014
northern territory of australia
As in force at 13 November 2014
land development corporation ACT 2003
An Act to establish a statutory corporation to develop and manage land for use by new and existing industries in the Territory, for use for residential developments and for associated activities, and for related purposes
This Act may be cited as the
This Act comes into operation on 1 July 2003.
In this Act:
(a) land declared as co-development land in an agreement between the Corporation and a person who:
(i) owns or leases the land; or
(ii) is a mortgagee in possession of the land; or
(iii) occupies the land under a licence; or
(b) land declared under the regulations as co-development land.
(a) rivers, creeks, streams, watercourses, channels, lakes and lagoons on land; and
(b) inland and coastal waters.
(a) developments of residential accommodation of any kind; or
(b) developments of any of the following to the extent they are associated with developments mentioned in paragraph (a):
(i) community amenities, areas or facilities;
(ii) commercial or retail areas or facilities.
1 A shopping precinct on the ground floor of a large apartment building. 2 A free standing gymnasium and a swimming pool in a suburban development of single dwellings.
Part IIAA of the Criminal Code applies to an offence against this Act.
(1) The Land Development Corporation is established.
(2) The Corporation:
(a) is a corporation sole;
(b) has a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Corporation affixed to a document and are to assume that it was duly affixed.
(1) The Corporation consists of a Chief Executive Officer.
(2) The Minister must, in writing, appoint a Chief Executive Officer to be the Corporation.
The functions of the Corporation are:
(a) to develop and promote project land for use by industrial businesses; and
(b) to develop and promote project land for use for residential developments; and
(c) to undertake residential developments on project land; and
(d) to provide services, facilities and general assistance to facilitate:
(i) the establishment and conduct of industry on project land; and
(ii) the use of project land for residential developments; and
(e) to carry out or facilitate other activities associated with the development, management or use of project land.
(1) Subject to this Act or an instrument of a legislative or administrative character made under this Act, the Corporation has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions.
(2) In particular, the Corporation has power to:
(a) negotiate and enter into contracts, agreements, schemes and arrangements; and
(aa) form partnerships and enter into joint ventures and other arrangements for sharing profits; and
(ab) borrow money or raise money otherwise than by borrowing (including from outside the Territory or Australia); and
(b) purchase, lease or otherwise acquire and hold real or personal property; and
(c) sell, grant leases of or otherwise dispose of real or personal property; and
(d) acquire, hold and dispose of rights, privileges, permits, licences and authorities; and
(e) occupy, use, control and manage land or a building; and
(f) erect buildings and construct wharves, roads, railways, pipelines, bridges or other facilities; and
(fa) erect and construct community amenities, areas or facilities; and
(g) purchase, lease or hire plant, machinery, equipment or other things for the purpose of conducting its functions; and
(h) impose and collect fees and charges for or in respect of use of Corporation land or a facility on that land; and
(i) accept, hold and enforce undertakings, indemnities, bonds or securities protecting it against loss; and
(j) regulate and prohibit the conduct of persons on its land and set the conditions on which persons may enter or be excluded from a part or parts of Corporation land; and
(k) regulate and prohibit the presence, use and removal of vehicles and animals on Corporation land or a part of the land; and
(l) employ or engage staff, engage consultants and appoint agents and attorneys; and
(m) charge for work, services, goods and information done, supplied or published by the Corporation and for admission on to Corporation land; and
(n) perform any other functions imposed on it under this Act.
(3) The Corporation may exercise a power involving it doing either of the following only if it has the written approval of the Treasurer to do so:
(a) forming a partnership, or entering into a joint venture or other arrangement for sharing profits;
(b) borrowing money or raising money otherwise than by borrowing.
8 Minister may give Corporation directions (1) In performing its functions and exercising its powers, the Corporation is subject to the directions of the Minister.
(2) The Minister must lay before the Legislative Assembly a copy of a direction given under subsection (1) within 6 sitting days of the Assembly after giving the direction.
(3) A copy of a direction given under subsection (1) in a financial year is to be included in the Corporation’s report for the year prepared under section 32.
(1) Subject to this Act, the Corporation must act in a commercial manner.
(2) The Minister may direct the Corporation under section 8 to act in a manner other than a commercial manner.
(3) If the Minister directs the Corporation to act in a manner that is not commercial, the Minister must specify in the direction the manner in which the Corporation must act.
(1) The Corporation is an Agency for the purposes of the
Public Sector Employment and Management Act 1993 and theFinancial Management Act 1995 .(2) Subsection (1) applies whether or not the Corporation is nominated in the Administrative Arrangements Order as an Agency for the purposes of either the
Public Sector Employment and Management Act 1993 or theFinancial Management Act 1995 or for the purposes of both of those Acts.(3) The person appointed to be the Corporation under section 5:
(a) is the Chief Executive Officer of the Corporation; and
(b) is the accountable officer within the meaning of the
Financial Management Act 1995 of the Corporation.
11 Corporation excluded matter under Corporations Act 2001 The Corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation.
(1) The Corporation may, in writing, delegate to a person or body any of its powers or functions under this Act, other than this power of delegation.
(2) If the Corporation delegates to a body and there is a change in the membership of the body, the delegation continues in force as a delegation of the power or function to the body as newly constituted unless the Corporation expressly revokes or varies the instrument of delegation.
(1) The Minister may establish an Advisory Board to perform the functions mentioned in section 14.
(2) A Board consists of the person appointed to be the Corporation and not more than 4 ordinary members appointed by the Minister.
The function of a Board is to advise the Corporation on any matter relating to the activities of the Corporation that the Minister or the Corporation refers to the Board.
(1) An ordinary member holds office for the period specified in the instrument of appointment of the member.
(2) An ordinary member is eligible for re-appointment.
A person ceases to be an ordinary member if:
(a) the person’s term of office expires and the person is not re‑appointed; or
(b) the person resigns by giving written notice to the Minister.
(1) The Minister may terminate the appointment of an ordinary member on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of an ordinary member if the member knowingly contravenes section 22.
(3 ) An ordinary member’s appointment terminates on either of the following occurring:
(a) the member 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;
(b) the member is found guilty:
(i) by a court in the Territory of an offence punishable by imprisonment for 12 months or more; or
(ii) by a court outside the Territory of an offence which, if committed against a law in force in the Territory, would be an offence punishable by imprisonment for 12 months or more.
(4) A termination of an appointment under subsection (1) or (2) must be in writing and a copy must be given to the member.
(1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by a Board, the member must disclose the nature of the interest to a meeting of the Board as soon as practicable after the relevant facts come to the member’s knowledge.
(2) The disclosure is to be recorded in the Board’s minutes.
(3) Subject to a resolution of the Board to the contrary, a member who has made a disclosure under subsection (1):
(a) must not, while the member has the interest, take part in any deliberation or decision of the Board relating to the matter in which the member has the interest; and
(b) is to be disregarded for the purpose of constituting the quorum of the Board for the purpose of any deliberation or decision of the Board relating to the matter in which the member has the interest.
(4) The resolution of the Board to the contrary is to be deliberated and voted on in the absence of the member.
(1) The members of a Board must meet as often as is necessary to perform its functions.
(2) The Minister may, in writing, direct a Board to meet.
(1) The person appointed to be the Corporation or, in that person’s absence, the ordinary member elected by the ordinary members present from amongst their number, must preside at a meeting of a Board.
(2) Each member present at a meeting has one vote.
(3) Questions arising at a meeting of the Board are to be determined by a majority of the votes of the members present and, in the event of an equality of votes, the person presiding over the meeting has a casting vote.
(4) At a meeting of the Board, the number of members that is equal to half of the members plus one constitutes a quorum.
(1) Unless otherwise prescribed, the procedures of the Board are to be determined by a Board.
(2) The Board must keep a record of all its meetings and other proceedings.
(1) On the commencement of this Act, all estates and interests in property, real and personal, and rights held by the Trade Development Zone Authority within the meaning of the
Trade Development Zone Act 1985 immediately before the commencement of this Act vest in the Corporation, subject to any liabilities, charges, obligations, conditions, terms or trusts affecting the estates or interests.(2) On the commencement of this Act, all levies, fees, charges, interest, debts or money payable to and recoverable by the Trade Development Zone Authority become payable to and recoverable by the Corporation.
(1) The Corporation may be granted an estate in fee simple in Crown land, or a lease of Crown land, under the
Crown Lands Act 1992 .(2) If the Corporation is granted land in accordance with subsection (1), the Minister must give notice of the grant by notice in the
Gazette .
(1) The money of the Corporation consists of:
(a) money that is appropriated for its purposes;
(b) money received as grants;
(c) money received in performing its functions and exercising its powers; and
(d) any other money that from time to time becomes available for use by the Corporation.
(2) The money of the Corporation is only to be applied for the purposes of the Corporation.
The Corporation must ensure that:
(a) proper accounts and records of the transactions and affairs of the Corporation are kept;
(b) there are adequate controls over the incurring of liabilities of the Corporation;
(c) all payments out of the money of the Corporation are correctly made and properly authorised; and
(d) adequate control is maintained over the property of or in the custody, control and management of the Corporation.
(1) If the Corporation:
(a) considers that a matter is affecting its operations in such a way that hinders, prevents or otherwise adversely affects to a significant degree its performance of its functions or its financial position; or
(b) expects a matter to affect its operations in such a way that will hinder, prevent or otherwise adversely affect to a significant degree its performance of its functions or its financial position,
the Corporation must, as soon as practicable after becoming aware of the matter, inform the Minister in writing of:
(c) the matter;
(d) the reasons why it considers that the matter is affecting, or will affect, its performance or its financial position; and
(e) the effect the matter is having, or the likely effect the matter will have, on its performance or its financial position.
(2) The Corporation must, in writing, report to the Minister in respect of each financial year or other reporting period determined by the Minister about its financial performance during that period and its expected financial performance during the next 2 reporting periods.
(3) The report under subsection (2) is to at least:
(a) specify the financial performance targets of the Corporation for the reporting period, identify the targets the Corporation achieved and the targets it exceeded, identify the targets it did not achieve and specify the reasons why it did not achieve them;
(b) detail the financial performance objectives of the Corporation for the next 2 reporting periods and include details of:
(i) the projected nature and scope of its activities for those periods, including material contracts and terms and conditions of any lease or sale or purchase of real property;
(ii) its financial projections for those periods; and
(iii) the likely financial risks for the Corporation and its strategies to minimise the risks; and
(c) contain any other information the Minister requires.
(4) The Corporation must give the report under subsection (2) to the Minister within 3 months after the end of the reporting period it refers to.
(1) The Treasurer may at any time request the Corporation to provide the Treasurer with the information that the Treasurer considers will enable him or her to accurately assess the financial affairs of the Corporation.
(2) The Corporation must comply with the Treasurer’s request.
(1) At the end of each financial year the Corporation must prepare a report on the administration of this Act and the operations of the Corporation during the financial year.
(2) The report is to include a copy of any directions and reasons for directions given to the Corporation, and any objections to the directions made by the Corporation, under section 8 during the financial year.
(3) The Corporation must forward a copy of the report to the Minister by 30 November following the end of the financial year.
(4) The Minister must lay a copy of the report before the Legislative Assembly within 6 sitting days of the Legislative Assembly after receiving the report.
(1) The Corporation may make by-laws relating to the management of Corporation land.
(2) The Corporation may not make a by-law that is inconsistent with this Act, or any other Act or any regulations, or that is unlawful.
(1) The by-laws may provide for the following:
(a) the regulation or prohibition of access to or use of Corporation land or buildings on the land of the Corporation;
(b) the regulation or prohibition of the conduct of persons on Corporation land or in a building on the land;
(c) the regulation or prohibition of the presence or use of vehicles or animals on Corporation land or in a building on the land and provide for the removal, impounding or disposal of such vehicles or animals;
(d) the regulation of vehicular or pedestrian traffic on Corporation land;
(e) the parking of vehicles or the erection, form of or markings on traffic signs or directions on Corporation land;
(f) the security or general facility of the Corporation land;
(g) penalties not exceeding 2 penalty units for offences against the by-laws.
(2) A by-law may provide for matters of regulation or prohibition, either absolutely or conditionally or in relation to a class of acts, matters or things or a situation or other circumstance.
(3) A by-law may:
(a) authorise a member of the staff or other person to do an act or thing (including the giving of directions by a member of the staff or other person); or
(b) provide that an act or thing is to be done with the approval of a member of the staff or other person.
35 Application of by-laws (1) A by-law may apply to:
(a) the whole or a specified part of the Corporation land; or
(b) a specified class of persons or circumstances.
(2) The Corporation may, in the manner prescribed by the Regulations, suspend the operation of a by-law:
(a) for a specified period;
(b) on the whole or a specified part of the land of the Corporation; or
(c) in relation to a specified class of persons or circumstances.
36 Recovery of penalties imposed under by-laws (1) If a penalty is imposed on a person as a result of a prosecution for an offence committed against a by-law, or a penalty is payable under an infringement notice in lieu of prosecution of an offence committed or allegedly committed against a by-law, the penalty may be recovered by the Corporation as a debt due and payable to the Corporation by the person on whom it is imposed.
(2) Subsection (1) does not affect the operation of the
Fines and Penalties (Recovery) Act 2001 .
Section 57 of the
(1) In any proceedings, the production of:
(a) a copy of a by-law purporting to be a true copy of the by-law on which the Corporation’s common seal is affixed and which is certified as a true copy of the by-law and signed by a person authorised by the Corporation to do so; and
(b) the
Gazette in which notification of the making of the by-law is published,
is conclusive evidence of the by-law having been made and the contents of the by-law.
(2) In any proceedings, the production of a copy of the notice (if any) required by the Regulations to be given in relation to the suspension of a by-law purporting to be a true copy of the notice on which the Corporation’s common seal is affixed, and which is certified as a true copy of the notice and signed by a person authorised by the Corporation to do so, is conclusive evidence of the suspension of the by-law.
In addition to employees employed under the
(1) An agreement to which the Corporation is a party may provide that, if a party other than the Corporation is in breach of an obligation under the agreement, that party is required to pay to the Corporation by way of a civil penalty for the breach the amount determined in accordance with the agreement.
(2) The agreement may also provide that the amount of the civil penalty is to increase over the period during which the obligation continues by a further amount determined in accordance with the agreement.
(3) A civil penalty payable under this section is a debt due to the Corporation by the party concerned despite the following:
(a) that neither the Corporation or any other person (whether a party to the agreement or not) suffered damage as a result of the breach;
(b) that the amount of the civil penalty is unrelated to the extent of any damage that the Corporation or any other person (whether a party to the agreement or not) may have suffered as a result of the breach.
41 Validity of procedures and actions of Corporation A procedure of the Corporation, or an act or thing done by a delegate of the Corporation, is not invalid by reason only of any of the following:
(a) a defect in the appointment of a person to be the Corporation;
(b) a defect in a delegation by the Corporation.
42 Protection from liability (1) This section applies to a person who is or has been:
(a) a person appointed to be the Corporation; or
(b) a member of the staff.
(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, or the performance or purported performance of a function, under this Act.
(4) Subsections (2) and (3) do not affect any liability the Territory would, apart from those subsections, have for the act or omission.
(1) A deed, instrument, contract or agreement relating to any property or matter that, if made or executed by an individual, would by law be required to be in writing under seal may be made on behalf of the Corporation in writing under its common seal.
(2) An instrument, contract or agreement relating to any property or matter that, if made by or between individuals, would be required to be in writing signed by the parties to it may be made or entered into on behalf of the Corporation in writing by a person acting under the authority, express or implied, of the Corporation.
(3) A contract relating to any property or matter that, if made between individuals, would by law be valid, although made or entered into by parole only and not reduced to writing, may be made on behalf of the Corporation by a person acting under the authority, express or implied, of the Corporation.
(4) A contract entered into, or an instrument, contract or agreement signed, in relation to any property or obligation of the Corporation is taken to have been entered into or signed by the Corporation if it is entered into or signed by a person acting under the authority, express or implied, of the Corporation.
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The Regulations may provide for the following:
(a) the use or custody of the common seal of the Corporation;
(b) the manner of holding or adjourning meetings of a Board;
(c) the manner in which the Corporation may suspend the operation of a by-law;
(d) matters of liability, evidence or procedure relating to the commission or prosecution of offences against the by-laws;
(e) penalties not exceeding 100 penalty units or, if the offender is a body corporate, 500 penalty units for offences against the Regulations;
(f) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the by-laws or the Regulations and the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice;
(g) the designation of an offence against the Regulations or the by‑laws as a regulatory offence.
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
Assent date | 27 June 2003 |
Commenced | 1 July 2003 (s 2) |
Assent date | 14 December 2005 |
Commenced | 14 December 2005 |
Assent date | 25 June 2009 |
Commenced | 1 July 2009 (s 2) |
Assent date | 13 November 2014 |
Commenced | 13 November 2014 |
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
4 LIST OF AMENDMENTS
lt amd No. 22, 2009, s 4
s 3 amd No. 22, 2009, s 5; No. 33, 2014, s 3
s 3A ins No. 33, 2014, s 4
s 5 amd No. 22, 2009, s 8
s 6 sub No. 22, 2009, s 6
amd No. 33, 2014, s 5
s 7 amd No. 22, 2009, s 7
s 10 amd No. 22, 2009, s 8
ss 13 – 14 sub No. 33, 2014, s 6
s 15 amd No. 22, 2009, s 8
sub No. 33, 2014, s 6
s 16 sub No. 33, 2014, s 6
s 17 amd No. 44, 2005, s 35
sub No. 33, 2014, s 6
ss 18 – 21 rep No. 33, 2014, s 6
s 22 amd No. 33, 2014, s 7
s 23 amd No. 33, 2014, s 8
s 24 amd No. 33, 2014, s 9
s 25 amd No. 33, 2014, s 10
ss 33 – 34 amd No. 22, 2009, s 8
s 35 amd No. 22, 2009, s 8; No. 33, 2014, s 11
ss 36 – 38 amd No. 22, 2009, s 8
s 44 amd No. 33, 2014, s 12
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