Yulara Tourist Village (Management) Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
YULARA TOURIST VILLAGE (MANAGEMENT) ACT
As in force at 1 December 2000
TABLE OF PROVISIONS
Section
PART I – PRELIMINARY
1. Short title
2. Commencement and expiration
3. Interpretation
PART II – ADMINISTRATION
4. Control of management company
5. Disclosure of interest
6.Personal liability of director or employee of management company
PART III – LOCAL GOVERNMENT
7. Local Government functions
8. Rates and charges
9. Payment of rates and charges
10. Exclusive provision of services
11. Public place
12. By-laws
13. Proceedings taken by management company
14. Fines to be paid to management company
15. Application of moneys
PART IV – SUBDIVISION AND EASEMENTS
16. Land subject to this Part
17. Easements relating to certain land
18. Power in addition
PART V – MISCELLANEOUS
19. Corporation to approve business activities
20. Regulations
Notes
Table of Amendments
Yulara Tourist Village (Management) Act
3
northern territory of australia
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This reprint shows the Act as in force at 1 December 2000. Any amendments that may come into operation after that date are not included.
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YULARA TOURIST VILLAGE (MANAGEMENT) act
An Act to provide for the municipal governance of the town of Yulara, and for other purposes
PART I – PRELIMINARY
Short title
This Act may be cited as the Yulara Tourist Village Management Act. (See back note 1)
Commencement and expiration
(1) This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1)
(2) The various provisions of Part III shall expire on such dates as are respectively fixed by the Administrator by notice in the Gazette in relation to those provisions.
Interpretation
(1) In this Act, unless the contrary intention appears –
"development company" means The Yulara Development Company Limited incorporated under the Companies Act or, where the Minister declares another company to be the development company for the purposes of this Act, that other company;
"management company" means Yulara Corporation Pty. Ltd. incorporated on 18 May 1983 under the Companies Act;
"Yulara" means the town of Yulara constituted, and the boundaries of which are established, by proclamation in Australian Government Gazette No. G32 of 10 August 1976, or the area of the town as from time to time amended.
(2) The Minister may, for the purposes of the definition of "development company" in subsection (1), by notice in the Gazette, declare a company incorporated under the Corporations Law to be the development company.
PART II – ADMINISTRATION
Control of management company
(1) The Minister may direct the management company in the exercise of its powers and in the performance of its functions under this Act or its constitution or rules, and the management company shall comply with all directions so given.
(2) Without limiting the generality of subsection (1) and notwithstanding anything expressly or impliedly to the contrary in its constitution or rules, the management company may carry out in and in relation to Yulara only those functions for which it has the approval in writing of the Minister or his delegate.
Disclosure of interest
(1) A director of the management company who is directly or indirectly interested in –
(a)a contract made or proposed to be made by the company; or
(b)an existing or proposed project of the company,
shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of directors of the company.
(2) A disclosure under subsection (1) shall be recorded in the minutes of meetings of directors of the management company and, unless the company otherwise directs, the director shall –
(a)not take part after the disclosure in any deliberation or decision of the company relating to the contract or project; and
(b)be disregarded for the purpose of constituting the quorum for any such deliberation or decision.
(3) A director who has made a disclosure under subsection (1) shall not vote on a question relating to the giving to him of a direction under subsection (2).
Personal liability of director or employee of management company
A director or employee of the management company is not personally liable to an action, claim or demand arising from a matter or thing done or a contract entered into –
(a)by the company, in good faith, in pursuance of and for the purposes of this Act; or
(b)by a director or an employee of the company, in good faith, in pursuance of and for the purposes of this Act and for and on behalf of the company.
PART III – LOCAL GOVERNMENT
Local Government functions
(1) The Minister may, by notice in the Gazette, declare that such sections of such Acts as are specified in the notice shall apply to and in relation to the management company or Yulara as though the management company were a council, and Yulara were a municipality or a community government area, within the meaning of the Local Government Act, and those sections shall, with the necessary changes, apply accordingly.
(2) A declaration made under subsection (1) may, where there is a reference in a section to the exercise of a power or the performance of a function by a particular officer or employee of a council, specify the employee of the management company who shall exercise that power or perform that function on behalf of the management company.
Rates and charges
(1) The management company may levy a rate or charge, or an annual rate or annual charge, on a person who resides in or carries on business in Yulara or has an interest in land in Yulara, or on a class of such persons, or on any land in Yulara, for –
(a)the provision of a specific work or service undertaken or provided by the management company either in its own right or as agent for the development company; or
(b)the funding of works and services generally, including the annual cost of operating the town.
(2) A rate or charge levied under subsection (1) may –
(a)include a component for the repayment of a loan;
(b)include a component for payment of interest on a loan;
(c)be levied on a person whether or not that person uses the service;
(d)apply in respect of a period that commenced before the date on which the rate or charge is levied; and
(e)be levied at different rates or amounts for different persons or classes of persons.
(3) A rate or charge levied under subsection (1) may provide for the payment by a person, on whom the rate or charge is levied, of an amount in advance in respect of a period agreed upon between the management company and the person, and a payment so made shall relieve the person from liability to pay the rate or charge in respect of that period.
(4) The management company may exempt or partly exempt a person or class of persons from payment of a rate or charge levied under subsection (1).
Payment of rates and charges
A rate or charge levied under section 8 becomes due and payable by a person 28 days after the date on which notice of the rate or charge is served on that person.
Exclusive provision of services
Except with the approval in writing of the management company, no person shall provide, for himself or any other person, in Yulara a service provided in its own account or as agent for the development company by the management company or which the management company has, by notice in the Gazette, declared that it is willing and able to provide in and in relation to Yulara.
Penalty:$500 and $50 for each day during which the offence continues.
Public place
(1) The Minister may, by notice in the Gazette, declare a road, park or other area of land in Yulara to which the public is admitted or has access to be a public place.
(2) Land declared under subsection (1) to be a public place is a public place for the purposes of the laws of the Territory.
By-laws
(1) The management company may make by-laws, not inconsistent with this Act, prescribing all things required or permitted to be prescribed, or necessary or convenient to be prescribed, for or in relation to the exercise of its powers and the performance of its functions.
(2) Without limiting the generality of subsection (1), the management company may make by-laws in accordance with that subsection for or in relation to –
(a)the control and management of land declared under section 11 to be a public place;
(b)the levying and collection of rates, charges or fees;
(c)the authorizing of persons to demand the names and addresses of persons who are believed, on reasonable grounds, to have contravened or failed to comply with a by-law and requiring persons to comply with such a demand made by a person so authorized;
(d)the imposing of a penalty not exceeding $200 for a contravention of or a failure to comply with a by-law;
(e)the enabling of a person who is alleged to have contravened a by-law to pay to the management company, as an alternative to prosecution, a fixed penalty in lieu of the penalty by which a contravention of that provision is otherwise punishable; and
(f)the conferring on a person authorized by the management company of a right of entry onto private land and a right to take such action as is necessary or convenient to inspect, repair, protect or remove the property of the development company or management company on private land.
(3) By-laws made under this section which provide for the imposition of a fixed penalty shall specify –
(a)the amount of the fixed penalty;
(b)subject to subsection (4), the form of a notice of infringement;
(c)the person or persons who may issue a notice of infringement; and
(d)the period within which the fixed penalty shall be paid in order to avoid prosecution.
(4) A notice of infringement referred to in subsection (3) shall indicate –
(a)the name of the alleged offender or a description of the property creating or the subject of the alleged offence sufficient to identify that property;
(b)in general terms, the nature of the offence alleged to have been committed;
(c)the date, time and place of the alleged offence;
(d)the amount of the fixed penalty;
(e)the period within which, and the place where, the fixed penalty may be paid; and
(f)that the alleged offender may, if he so wishes, be dealt with by a court of competent jurisdiction.
Proceedings taken by management company
The management company or its directors, or a person authorized by the management company in that behalf, may direct, either generally or in a particular case, that proceedings be taken for the recovery of –
(a)a rate, charge, fee or money owing under this Act; or
(b)a penalty in respect of an offence against by-laws made under section 12.
Fines to be paid to management company
All fines and monetary penalties recovered for offences against by-laws made under section 12 shall be paid to the management company.
Application of moneys
The moneys of the management company shall be applied only –
(a)in payment or discharge of the expenses and other obligations of the company; and
(b)for such other purposes as directed by the Minister.
PART IV – SUBDIVISION AND EASEMENTS
Land subject to this Part
(1) In an application under the Planning Act for consent to the subdivision of land in Yulara, the applicant may request that the consent be subject to the condition that particular parcels of land in the proposed subdivision are to be subject to this Part.
(2) Where the consent authority determines under section 53 of the Planning Act a subdivision application by granting consent subject to the condition that a particular parcel of land in the proposed subdivision is to be subject to this Part, the Registrar-General shall not issue a certificate of title under the Land Title Act in respect of that parcel of land unless it has noted on it that the land is subject to this Part, and the Registrar-General has, by virtue of this section, power to make that notation.
Easements relating to certain land
(1) In this section "proprietor" includes, in relation to a parcel of land in respect of which the Unit Titles Act applies, the registered proprietor of each unit and the corporation, within the meaning of that Act.
(2) This section applies to and in relation to land the folio of the Register under the Land Title Act in respect of which bears the notation that the land is subject to this Part.
(3) The proprietor of each parcel of land to which this section applies (in this section called "the dominant tenement") shall be deemed to have over each other parcel of land to which this section applies (in this section called "the servient tenement") such of the following rights as are necessary for the reasonable use and enjoyment of the dominant tenement:
(a)rights of support, shelter and protection afforded by the servient tenement;
(b)rights of access across or through the servient tenement;
(c)rights for the collection, passage and provision of water, sewerage, drainage, garbage, gas, electricity and air, and other services of whatsoever nature (including telephone, radio and television services), through or by means of pipes, wires, cables, ducts, corridors (including line of sight corridors) or other reasonable means; and
(d)such ancillary rights as are necessary to make the rights referred to in paragraphs (a), (b) and (c) effective, including rights of entry by the proprietor of the dominant tenement and his agents, servants and workmen at all reasonable times on the servient tenement for the purpose of –
(i)inspecting, maintaining or repairing the servient tenement; or
(ii)inspecting, maintaining, repairing, replacing, renewing or restoring pipes, wires, cables, ducts or other material or clearing corridors.
(4) A right created by this section shall be deemed to be an easement annexed to the dominant tenement in relation to which it is enjoyed.
(5) A right created by this section subsists notwithstanding that the same person is the proprietor of both the dominant and servient tenements.
(6) A person exercising a right created by subsection (3)(c) or (d) is liable to make good any damage done in the course of exercising that right.
Power in addition
Nothing in this Part shall be construed as derogating from the power of the proprietor of a parcel of land to grant an easement over, or obtain an easement annexed to, that land.
PART V – MISCELLANEOUS
Corporation to approve business activities
(1) Subject to subsection (2), a person shall not carry on business of any kind at Yulara except with the approval in writing of the Corporation established by the Ayers Rock Resort Corporation Act 1992.
Penalty:In the case of a natural person – $5,000 and $100 for each day during which the offence continues.
In the case of a body corporate – $250,000 and $10,000 for each day during which the offence continues.
(2) Where immediately before the commencement of this section a person was carrying on business at Yulara, the person is not prevented by subsection (1) from continuing to carry on business in the same manner as he or she was then carrying on business.
Regulations
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations may –
(a)provide that By-laws in force immediately before the expiration of section 12 shall continue in force but may be repealed or amended by a community government council established under the Local Government Act for Yulara as if those By-laws were duly made under that Act by the council and the council had the power to make them;
(b)nominate the officers or employees of the community government council who have specific powers under those By-laws in place of persons specified in the By-laws;
(c)provide that moneys owing to the management company for rates, charges, fines or penalties pursuant to Part III are moneys owing to the community government council and may be recovered accordingly;
(d)provide that proceedings before a court for the recovery of such rates, charges, fines, penalties, or other moneys or things, in process may be continued in the name of the community govern-ment council and those proceedings may be continued accordingly;
(e)provide for the transfer of such moneys (and other assets or liabilities of the management company in relation to its local government activities) to the community government council;
(f)provide that contracts and other agreements to which the management company is a party shall be novated in the name of the community government council in place of the management company and that the council shall be bound accordingly; and
(g)provide for such other matters as are, in the opinion of the Administrator, convenient or necessary for the effective transfer of local government responsibility for Yulara from the management company to the community government council.
(3) The Administrator shall not make a regulation pursuant to subsection (2) unless satisfied that the proposal has been discussed with the community government council and that the Minister has considered the views, if any, expressed by the council.
(4) Nothing in this section shall be construed as limiting the power of the community government council and the management company from achieving by arrangement between themselves anything that is or may be the subject of a regulation, unless the Regulation specifically or by necessary implications precludes such an arrangement.
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Notes
The Yulara Tourist Village Management Act comprises the Yulara Tourist Village Management Act 1984 as amended by the other Acts specified in the following table:
| Act | Number and year | Date of assent by Administrator | Date of commencement |
| Yulara Tourist Village Management Act 1984 | No. 1, 1984 | 23 Mar 1984 | 27 Mar 1984 |
| Companies and Securities (Consequential Amendments) Act 1986 | No. 18, 1986 | 30 June 1986 | 1 July 1986 |
| Corporations (Consequential Amendments) Act 1990 | No. 59, 1990 | 14 Dec 1990 | 1 Jan 1991 |
| Real Property (Consequential Amendments) Act 1991 | No. 33, 1991 | 25 June 1991 | 1 Oct 1991 |
| Yulara Tourist Village Management Amendment Act 1992 | No. 9, 1992 | 21 Apr 1992 | 19 June 1992 |
| Yulara Tourist Village Management Amendment Act (No. 2) 1992 | No. 61, 1992 | 22 Oct 1992 | 22 Oct 1992 |
| Planning (Consequential Amendments) Act 1993 | No. 86, 1993 | 31 Dec 1993 | 18 Apr 1994 |
| Statute Law Revision Act (No. 2) 1999 | No. 48, 1999 | 10 Nov 1999 | 10 Nov 1999 |
| Planning (Consequential Amendments) Act 1999 | No. 56, 1999 | 14 Dec 1999 | 12 Apr 2000 |
| Land Title (Consequential Amendments) Act 2000 | No. 45, 2000 | 12 Sept 2000 | 1 Dec 2000 ____________________________ |
Table of Amendments
Section
Amended by No. 61, 1992, s. 3
Amended by No. 18, 1986, s. 3; No. 59, 1990, s. 4
Amended by No. 48, 1999, s. 3
Amended by No. 86, 1993, s. 3; No. 56, 1999, s. 3; No. 45, 2000, s. 11
Amended by No. 33, 1991, s. 7; No. 45, 2000, s. 11
Substituted by No. 9, 1992, s. 3
Added by No. 61, 1992, s. 4
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