Commonwealth Numbered Acts

ALBURY WODONGA DEVELOPMENT AMENDMENT ACT 1991 No. 60 of 1991 - SCHEDULE 3

                   SCHEDULE 3                            Section 6B

ALBURY-WODONGA AREA DEVELOPMENT AGREEMENT
AMENDMENT AGREEMENT (No. 2) AN AGREEMENT (to be called the "Albury-Wodonga
Area Development
Agreement Amendment Agreement (No. 2)") made this          day

of         One thousand nine hundred and        BETWEEN THE
COMMONWEALTH OF AUSTRALIA, THE STATE OF NEW SOUTH WALES, and THE STATE OF
VICTORIA. WHEREAS the Australian, New South Wales and Victorian Governments
have agreed that certain amendments should be made to an agreement made
between the parties on 23 October 1973 and called the "Albury-Wodonga Area
Development Agreement", as amended by an agreement made between the parties on
4 September 1978 and called the "Albury-Wodonga Area Development Agreement
Amendment Agreement (No. 1)", (hereinafter referred to as "the principal
agreement"). NOW IT IS HEREBY AGREED by and between the parties to this
agreement as follows: 1. Unless the contrary intention appears, expressions
used in this agreement have the same meanings as they have in the principal
agreement. 2. This agreement, other than this clause, shall have no force or
effect and shall not be binding on any of the parties unless and until it is
approved by the Parliaments of Australia, the State of New South Wales and the
State of Victoria, but upon being so approved by all of those Parliaments, it
shall be of full force and effect and binding on the parties. Definitions 3.
Clause 1 of the principal agreement is amended by:

   (a)  deleting the definitions of:
'Approved Albury-Wodonga Development Plan';
'Approved Financial Program';
'Mayor of the City of Albury'; and
'Mayor of the Rural City of Wodonga'.

   (b)  inserting the following definition after the definition of
        'Australia':
'Comprehensive Forward Plan' means a plan approved by the Ministerial Council
in accordance with clause 9 hereof. 4. Sub-clause 2 (6) of the principal
agreement is amended by:

   (a)  deleting paragraphs (a) and (b) and substituting the following
        paragraph:

"(a) to carry out investigations and studies, consult with planning
authorities and bodies in or having responsibility for the Area and advise
such authorities and bodies on regional planning issues; and";

   (b)  altering the reference to paragraph (c) to paragraph (b). Ministerial
        Council 5. Sub-clause 4 (2) of the principal agreement is amended by
        deleting paragraph (a) and substituting the following paragraph:

"(a) The members of the Ministerial Council will be the Australian Minister
for Immigration, Local Government and Ethnic Affairs, the New South Wales
Minister for Business and Consumer Affairs and the Victorian Minister for
Manufacturing and Industry Development." Development Corporation 6. Clause 5
of the principal agreement is deleted and the following clause substituted:
  "5 (1)   The Albury-Wodonga Development Corporation will be a
corporation aggregate consisting of eight members, including an ex-officio
member, who shall be the chief executive officer of the Development
Corporation.

(2) The members, excepting the ex-officio member, will be appointed by the
Governor-General, or the person who is at the date of the relevant appointment
the person administering the Government of Australia, acting with the advice
of the Federal Executive Council, and will hold office -

   (a)  on such terms and conditions as are set out in the Australian Act; and

   (b)  subject to that Act, on such other terms and conditions as are
        determined from time to time by the Ministerial Council.

(3) The Chairperson will be appointed on the recommendation of the Australian
Minister and, subject to any provisions in the Australian Act concerning the
Chairperson's removal from office, will hold office for such period, not
exceeding three years, as is specified in the instrument of appointment and
will be eligible for reappointment.

(4) There will be two Deputy Chairpersons each of whom will be appointed on
the recommendation of the Australian Minister, one on the nomination of each
State Minister and, subject to any provisions in the Australian Act concerning
the Deputy Chairperson's removal from office, will hold office for such
period, not exceeding three years, as is specified in the instrument of
appointment and will be eligible for reappointment.

(5) Four of the members will be appointed on the recommendation of the
Australian Minister and will comprise:

   (a)  two members recommended by the New South Wales Minister with the
        concurrence of the Australian Minister, whether before or after the
        commencement of this sub-clause from the following persons:

        (i)    one from a group of persons nominated, on a basis to be
               determined from time to time by the Ministerial Council; and

        (ii)   one from the Council of the City of Albury.

   (b)  two members recommended by the Victorian Minister with the concurrence
        of the Australian Minister, whether before or after the commencement
        of this sub-clause, from the following persons:

        (i)    one from a group of persons nominated, on a basis to be
               determined from time to time by the Ministerial Council; and

        (ii)   one from the Council of the Rural City of Wodonga.

(6) A member appointed under sub-clause (5) of this clause will be appointed
for a period, not exceeding three years, as is specified in the instrument of
appointment.

(7) The ex-officio member will be responsible for the detailed day-to-day
management and activities of the Development Corporation.

(8) The members will participate fully in meetings of the Development
Corporation which they attend, but will not participate directly in the
detailed day-to-day management and activities of the Development Corporation.

(9) A quorum of the Development Corporation shall be constituted by a majority
of the members for the time being holding office, provided that the presence
of the ex-officio member shall not be counted for the purpose of determining
whether a quorum exists.

(10) In the absence of the Chairperson, a Deputy Chairperson will preside at
meetings of the Development Corporation. Where the Chairperson is absent from
such a meeting, the Deputy Chairperson to preside will be determined in
accordance with the procedure determined for that purpose by the Development
Corporation.

(11) Questions arising at a meeting of the Development Corporation will be
determined by a majority of votes of the members present and voting, except
that the ex-officio member shall not have a vote. Where there is an equality
of votes, the Chairperson or the Deputy Chairperson, as the case may be, shall
have a casting vote, as well as a deliberative vote.

(12) Subject to any directions given by the Ministerial Council, a member of
the Development Corporation may request the Development Corporation to refer
any matter with which the Development Corporation is concerned to the
Ministerial Council for consideration and decision and the Development
Corporation shall comply with such a request.

(13) Subject to this agreement, the functions of the Development Corporation
will be to do all things necessary or convenient to be done for or in
connexion with the development of the growth complex and, without limiting the
generality of the foregoing, the Development Corporation may:

   (a)  carry out and supervise development works including -

        (i)    buildings and structures of all kinds;

        (ii)   gardens and plantations;

        (iii)  roads and streets and associated lighting, parking areas,
               footpaths, guttering, ramps, and all things necessary for the
               control of traffic by vehicles, pedestrians and animals;

        (iv)   bridges and associated works;
        (v)   works for the supply and reticulation of water,
electricity and gas;

        (vi)   sewerage, sewage treatment works and drainage works;

        (vii)  levees and river protection works;

        (viii) wharves, jetties, marinas and ferries;

        (ix)   public amenities including baths, bathing areas and other areas
               for sport and recreation; and

        (x)    all other works for or incidental to the foregoing;

   (b)  negotiate with Australian, State and Local Government authorities for
        the purpose of arranging or providing services and facilities in the
        growth complex;

   (c)  construct shops, offices and factories to be made available to a State
        Corporation for use on a commercial basis in conjunction with State
        authorities;

   (d)  create job opportunities by encouraging the setting up of industries
        and other investment in the growth complex;

   (e)  carry out other functions of a promotional character determined from
        time to time by the Ministerial Council.

(14) The Development Corporation shall, as far as possible, consult and have
regard to the views of the relevant Australian and State officers, Departments
and statutory bodies, Local Government bodies and community groups in relation
to the development of the growth complex.

(15) Where such an officer or a Department or body has a discretion to
determine a matter which relates to the development of the growth complex and
agreement is not reached as a result of the consultations in relation to that
matter, the matter may be referred by the Development Corporation through the
Australian Minister or relevant State Minister, as the case requires, to the
Ministerial Council to enable the Council to take such steps as are
appropriate to resolve the matter.

(16) The Ministerial Council may give directions to the Development
Corporation concerning the performance of its functions, the exercise of its
powers and its procedure, and the Development Corporation shall comply with
those directions." State Corporations
7. Clause 7 of the principal agreement is deleted and the following clause
substituted:
  "7 (1)   There will be two State Corporations, namely -


   (a)  the Albury-Wodonga (New South Wales) Corporation, constituted by an
        Act of the Parliament of the State of New South Wales; and

   (b)  the Albury-Wodonga (Victoria) Corporation, constituted by an Act of
        the Parliament of the State of Victoria. each of which will be a
        corporation aggregate consisting of eight members, including an
        ex-officio member, who shall be the chief executive officer of the
        Development Corporation.

(2) In the case of each State Corporation the members, excepting the
ex-officio member, will be appointed by the Governor of the constituting
State.

(3) In the case of each State Corporation:

   (a)  the Chairperson will be appointed by the Governor of the State on the
        recommendation of the State Minister of the constituting State; and

   (b)  each Deputy Chairperson will be appointed by the Governor of the
        State, one on the recommendation of the other State Minister and one
        on the recommendation of the Australian Minister.

(4) In the case of each State Corporation four of the members of each State
Corporation will be appointed on the recommendation of the State Minister of
the constituting State and will comprise:

   (a)  two members recommended by the New South Wales Minister with the
        concurrence of the Australian Minister, whether before or after the
        commencement of this sub-clause, from the following persons:

        (i)    one from a group of persons nominated, on a basis to be
               determined from time to time by the Ministerial Council; and

        (ii)   one from the Council of the City of Albury.

   (b)  two members recommended by the Victorian Minister with the concurrence
        of the Australian Minister, whether before or after the commencement
        of this sub-clause, from the following persons:

        (i)    one from a group of persons nominated, on a basis to be
               determined from time to time by the Ministerial Council; and

        (ii)   one from the Council of the Rural City of Wodonga.

(5) The Chairperson shall be subject in all respects to the control and
direction of the relevant State Minister in the exercise and discharge of his
responsibilities, powers, authorities, duties and functions.

(6) Each member, except the ex-officio member, will hold office for such
period, not exceeding three years, as is specified in the instrument of
appointment:

   (a)  on such terms and conditions as are set out in the relevant Act of the
        constituting State; and

   (b)  subject to that Act, on such other terms and conditions as are
        determined from time to time by the Ministerial Council.

(7) A quorum of a State Corporation shall be constituted by a majority of the
members for the time being holding office provided that the presence of the
ex-officio member shall not be counted for the purpose of determining whether
a quorum exists.

(8) In the absence of the Chairperson, a Deputy Chairperson shall preside at
meetings of a State Corporation. Where the Chairperson is absent from such a
meeting, the Deputy Chairperson to preside will be determined in accordance
with principles agreed to by the State Corporation.

(9) Questions arising at a meeting of a State Corporation will be determined
by a majority of votes of the members present and voting, except the
ex-officio member shall not have a vote. Where there is an equality of votes,
the Chairperson or presiding Deputy Chairperson, as the case may be, shall
have a casting vote, as well as a deliberative vote.

(10) The Ministerial Council may give directions to a State Corporation
concerning the performance of its functions and the exercise of its powers and
its procedures, and the State Corporation shall comply with those directions.

(11) In this clause, "the constituting State" means the State by the Act of
whose Parliament the relevant State Corporation was constituted.

(12) In this clause, the reference to the Governor is a reference -

   (a)  in the case of the State of New South Wales, to the person who is, at
        the date of the relevant appointment, the Governor of that State, or
        the person lawfully administering the Government of New South Wales,
        acting with the advice of the Executive Council of that State; and

   (b)  in the case of the State of Victoria, to the person who is, at the
        date of the relevant appointment, administering the Government of
        Victoria with the advice of the Executive Council of that State."
8. Clause 9 of the principal agreement and its heading are deleted and the
following clause and heading are substituted:

"Comprehensive Forward Plan
9 (1) The Development Corporation shall prepare and submit for approval by the
Ministerial Council each year, by a date determined by the Ministerial
Council, a Comprehensive Forward Plan for the development of the growth
complex for the period to which it relates in a form, and having the content,
specified by the Ministerial Council from time to time.

(2) The Ministerial Council may amend a Comprehensive Forward Plan, after
consultation with the Development Corporation and the State Corporations.

(3) The Development Corporation and each State Corporation shall comply with
any Comprehensive Forward Plan approved by the Ministerial Council."
9. Clause 10 of the principal agreement and its heading are deleted and the
following clause and heading are substituted:

"Revenues and Expenses of Corporations
10. All revenues of whatsoever nature payable to each State Corporation,
including those payable in respect of land, buildings and other assets or
works vested in the State Corporation, shall be paid to the Development
Corporation, which shall meet all expenditure, approved by the Ministerial
Council, for and on behalf of each State Corporation in relation to the growth
complex." 10. Clause 12 of the principal agreement and its heading are deleted
and clause 13 is renumbered clause 12.