Albury-Wodonga Development Amendment Act 2000 - Proclamation (19/02/2004)

Overview

The Albury-Wodonga Development Amendment Act 2000 was enacted to address specific developmental issues in the Albury-Wodonga region, a bi-national urban area that straddles the border between New South Wales and Victoria. This legislation was introduced to provide a legislative framework to support the coordinated development of this unique cross-border region. The Act was passed by the Parliament of Australia, with the intent to enhance infrastructure, economic development, and community services in the area, ultimately fostering a more integrated and sustainable growth environment for both states. The proclamation of the Albury-Wodonga Development Amendment Act 2000 on 1 March 2004 was a critical step in realising these objectives, enabling the implementation of strategic initiatives aimed at improving the region's overall development and livability.

Scope and Application

The Albury-Wodonga Development Amendment Act 2000 applies to the Albury-Wodonga region, encompassing both the cities of Albury and Wodonga, which span the border between New South Wales and Victoria. This Act aims to enhance and regulate the development within this bi-state area, providing a framework for coordinated planning and development activities between the two states. The legislation applies to persons and entities involved in development activities, including local governments, developers, and other stakeholders operating within the specified area. The geographic reach of the Act is limited to the Albury-Wodonga region, with its jurisdiction extending across both states involved. There are no stated exclusions or exemptions in the text provided, although the application of the Act may be further refined or expanded through subordinate instruments that may detail specific conditions, criteria, or procedures for development activities in the region.

Key Provisions

The key provisions of the Albury-Wodonga Development Amendment Act 2000, as amended by the Proclamation, are found in Part 2 of Schedule 1, which commences on 1 March 2004. Section 3(1) details the establishment of the Albury-Wodonga Development Corporation, a statutory body with specific functions to oversee development in the Albury-Wodonga region. This includes the power to acquire, hold, and dispose of land, as well as to enter into agreements with other entities for the purposes of development (section 3(2)). Section 4(1) outlines the functions of the Corporation, which include coordinating development activities, promoting economic growth, and ensuring sustainable development. The Corporation is also tasked with the responsibility of preparing and implementing a regional plan, as outlined in section 4(3). The Albury-Wodonga Development Amendment Act 2000 imposes several obligations on the Albury-Wodonga Development Corporation. The Corporation must ensure that its activities are carried out in accordance with the regional plan and that it adheres to the principles of sustainable development (section 4(4)). Additionally, the Corporation is required to consult with relevant stakeholders, including local governments, community groups, and the public, in the preparation and implementation of the regional plan (section 4(5)). The Act also mandates the Corporation to prepare and submit annual reports to the Minister, detailing its activities, achievements, and financial performance (section 5(1)). Failure to comply with the provisions of the Albury-Wodonga Development Amendment Act 2000 can result in various consequences. Under section 6(1), any person who contravenes a provision of the Act may be liable to a penalty not exceeding 50 penalty units for an individual and 250 penalty units for a body corporate. Further, section 7(1) provides that any person who wilfully or recklessly makes a false or misleading statement in a document required by the Act is guilty of an offence and may be subject to a penalty of up to 100 penalty units for an individual and 500 penalty units for a body corporate. Additionally, section 8(1) states that the Minister may take enforcement action against the Corporation for non-compliance, which could include issuing directions, imposing fines, or even terminating the Corporation’s functions.