AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL (NO. 2) 2000 Second Reading Speech

Northern Territory Second Reading Speeches

AUSTRALASIA RAILWAY CORPORATION AMENDMENT BILL (NO. 2) 2000

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mr Speaker, for and on behalf of and at the request of the Chief Minister, I present bills entitled the AustralAsia Railway Corporation Amendment Bill (No. 2) 2000 (Serial 282) and AustralAsia Railway (Special Provisions) Amendment Bill (No. 2) 2000 (Serial 281).

Bills presented and read a first time.

Mr Speaker, I move that the bills be now read a second time.

As a negotiation phase of this project draws quickly to a close I present these additional amendments to the AustralAsia Railway (Special Provisions) Act and the AustralAsia Railway Corporation Act. The size and complexity of this project necessitates multiple reviews by the parties and their advisors of every aspect of the documents and legislation which form or impact upon it. The result of this continued analysis and the negotiations between the parties is a number of relatively minor amendments to the project related legislation.

The purposes of the AustralAsia Railway (Special Provisions) Amendment Bill is to make amendments to the provisions of the AustralAsia Railway (Special Provisions) Act as amended and to add further provisions to that act. The bill makes it clear that specific performances available against the Darwin Port Corporation in respect of any document entered into by the Port Corporation for the purpose of the project. The bill modifies the Control of Roads Act to ensure that if a road which crosses the corridor is closed that part of the road which crossed the corridor automatically becomes a part of the corridor. Section 59 of the Control of Roads Act is also modified to allow the minister to determine as a condition of approving construction of structures on a road reserve the appropriate notice period to apply to the removal of such structures. This will provide certainty for the construction period of the railway in respect to the sleeper manufacturing plant at Tennant Creek in particular. The bill will enable the grant of rights including rights of support in respect of any road. The bill ensures the validity of certain road closures and amalgamation of certificates under provisions of the project legislation, some of which have occurred prior to commencement of the appropriate section of the act.

In addition, the bill adds to the planning approvals and the project legislation, the construction of turkey nest dams and other water extraction facilities required for the construction, operation or maintenance of the railway. The bill ensures that appropriate railway related structures are not required to comply with the provisions of the Building Act such as the formation, railway track, bridges, drains and signalling systems, unless a building is involved. Finally, amendments made to the AustralAsia Railway (Special Provisions) Amendment Act in June applied the relief from forfeiture provisions of the yet to be commenced Law of Property Act to leases of land in the corridor. Following discussions with the various financiers and the consortium, these provisions are to be amended to ensure that the leases of land comprising the corridor cannot be terminated until the consortium and the financiers have been given notice of any default and a reasonable opportunity to cure the default and/or pay compensation to remedy the default. These provisions recognise that the principle asset over which the financiers will have security is the leasehold interest in the corridor and that both the financiers and the consortium should have a reasonable opportunity to protect that interest before it is terminated.

The purpose of the AustralAsia Railway Corporation Amendment Bill is to make amendments to the provisions of the AustralAsian Railway Corporation Act as amended and to add further provisions to that act. The bill will insert a provision to clarify that references in documents for the AustralAsia Railway Corporation are valid despite not being references to the AustralAsia Railway Corporation. The bill will ensure that the statutory limit on direct funding for the project is not reduced by any appropriation or deemed appropriation made under the Crown Proceedings Act. The final amendment contained in the bill is designed to further clarify that the corporation has unequivocal power to enter into agreements for works on real property in which the corporation has an interest.

These bills represent the continued support of the Northern Territory government for construction of the Alice Springs to Darwin railway.

I commend these bills to honourable members.

Mr STIRLING (Nhulunbuy): Mr Speaker, the opposition has a number of bills on urgency tomorrow. I think in the other cases the government has sent across the second reading speeches and explanatory memoranda – at least in most cases – and I would ask if the minister could see fit to do the same in the case of these two bills, although I have already had a briefing on them.

I move that the debate be adjourned.

Mr SPEAKER: Is the minister able to comply with the request?

Mr REED: Happy to, Mr Speaker.

Debate adjourned.

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