Northern Territory Second Reading Speeches

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AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) AMENDMENT BILL 2000

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

Mr Speaker, at the time the AustralAsia Railway (Special Provisions) Act was passed in November last year, the Asia Pacific Transport Consortium had not completed its due diligence on the Railway Project, and negotiations between the Consortium and the AustralAsia Railway Corporation were underway. As a result of the due diligence and the negotiations, a number of further matters have arisen for inclusion in Project Legislation. Further matters may also arise prior to passage of these bills, and these may be dealt with in the committee stage of the bills.

The purpose of the AustralAsia Railway (Special Provisions) Amendment Bill is to make amendments to the provisions of the AustralAsia Railway (Special Provisions) Act and to add further provisions to that Act. The bill makes it clear that title to the Railway Corridor is not subject to the exception to indefeasibility contained in section 69(vi) of the Real Property Act and disapplies section 90 of the Real Property Act to avoid any doubt. The bill modifies any existing rights and interests in respect of the Railway Corridor to the extent necessary to enable the free passage of trains between Darwin and Tarcoola, to enable the maintenance and operation of trains between Darwin and Tarcoola, and the construction of a railway between Alice Springs and Darwin. Also not to apply to the Railway Corridor is the Pretenced Titles Act, legislation which will be repealed in any event by the Law of Property Act. The bill recognises the various access easements that provide access across the Corridor for adjoining land holders. In addition, the bill limits the ability of the holders of statutory easements to use their easements so that their powers may only be exercised in such a manner that interference to the operation, construction and maintenance of the Railway is minimised.

Section 14 of the Act is amended to provide that each easement in favour of the Power and Water Authority created by the section is a “general service easement” as described in Schedule 1 of the Crown Lands Act. The title granted to the AustralAsia Railway Corporation and leased to the Consortium will include various riverbeds and the seabed at Elizabeth River. The bill makes it clear that the construction and operation of the Railway must allow the free passage of vessels across the river, and not divert the flow of water through the rivers and the seabed.

The bill inserts a provision which requires, to the extent that any other provision amounts to an acquisition of property, just terms compensation to be payable. The bill modifies the application of the Northern Territory Aboriginal Sacred Sites Act to enable the Aboriginal Areas Protection Authority to re-issue a consolidated Authority Certificate, and to provide that the AustralAsia Railway Corporation, the Consortium, and their contractors, employees agents and so on, have the benefit of any certificate granted for the project as if they were the applicant.

The Aboriginal Areas Protection Authority will only be able to re-issue a consolidated certificate if the consultations required under the Northern Territory Aboriginal Sacred Sites Act have been conducted. The purpose of the provisions is to provide some flexibility to re-issue, consolidate and modify existing certificates without in any way limiting the obligations of the Aboriginal Areas Protection Authority to conduct the consultations with custodians that are required under the sacred sites legislation.

In respect of the Heritage Conservation Act it is also necessary to make it clear that the Consortium can receive the benefit of any approvals given in respect of declared heritage places or objects and the Bill contains an appropriate amendment to that Act. The bill amends the Act to take into account the new Planning Act due to commence later this year. The bill amends the Act to specify that compensation in respect of Mining Tenements, other than for contamination caused by the Consortium, will be payable by the Territory and limit the activities by holders of mining tenements to prevent activities which will interfere with the construction, operation or maintenance of the Railway.

The bill modifies the operation of section 179 of the Mining Act to require consent to be obtained in respect of crossing the Corridor to access a mining tenement. The bill provides that the Mine Management Act is to apply to activities on quarries, while the Work Health Act will apply to activities within the corridor related to earthworks and extractive activities. The bill amends the Act to provide a more comprehensive definition of the Railway Corridor and the term “Consortium”. In addition, the bill amends section 9 of the Act to cover “any other buildings or structures in existence” for the purpose of deeming them to comply with the Building Act. The bill allows for the implementation of the Concession Deed, and makes it clear that both the AustralAsia Railway Corporation and the Territory are subject to orders for specific performance in the same way as a natural person. Similar provisions were made for both the Merlin and Mount Todd projects.

The bill modifies the impact of the Fences Act to provide that, subject to the Northern Territory Rail Safety Act, the Consortium is not required to fence the Corridor. This brings the Territory into line with the South Australian legislation along the existing corridor north of Tarcoola. Finally, the bill facilitates the removal of amendments to the AustralAsia Railway Corporation Act to an independent amendment Act by repealing section 21 of the Act, the provisions of which are replicated in the AustralAsia Railway Corporation Amendment Bill.

As foreshadowed above, the purpose of the AustralAsia Railway Corporation Amendment Bill is to provide an independent legislative vehicle for amendments to the AustralAsia Railway Corporation Act considered by this Assembly in the November 1999 Sittings together with an additional amendment to that Act. The bill replicates the provisions of section 21 of the AustralAsia Railway (Special Provisions) Act. That section amended the AustralAsia Railway Corporation Act by adding a co-ordinating role to the Corporation, and made certain provisions regarding the extent of the Territory's financial commitment to the project and the applicability of civil penalties. These provisions have not been altered in any way, they have simply been moved to more specific amending legislation.

The additional amendments contained the bill are designed to make it clear that the Corporation has unequivocal power to enter into the Project related agreements, including the Concession Deed, has the power to deal with real property in which the Corporation has an interest, and is not liable to pay stamp duty.

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

I commend these bills to honourable members.

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