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| Ms MARTIN (Chief Minister): Mr Acting Speaker, I move that the bill now be read a second time. The Darwin Waterfront and Convention Centre Development includes three main elements: the Darwin Convention Centre with a 1500 seat plenary capacity and 40002m of exhibition space; community facilities including sea wall, wave lagoons, swimming areas, public promenade, parklands and picnic areas; and commercial developments including a Medina hotel, harbour side cafes and restaurants, and a staged residential development. The community infrastructure components of the development will contain a number of public elements including the convention centre, swimming lagoons, a wave pool and sea wall. Infrastructure of this kind will require ongoing management and maintenance and regulation. The residential components of the development are staged with the first 141 units to be completed in 2008. The introduction of residents into the development in 2008 will necessitate the delivery of municipal services to the precinct. In this regard, the Territory has entered into arrangements with both the residential developer and the Darwin City Council under which the Territory has agreed to establish a statutory authority to, among other things, provide municipal services to the precinct. This bill seeks to establish the Darwin Waterfront Corporation, a statutory corporation which will be responsible for these functions. I now turn to the details of the bill. The development area, to be known as the Darwin Waterfront Precinct, will be severed from the municipality of Darwin and regulations made under the bill will define the areas of land forming the precinct. In the first instance, the corporation will be comprised by at least three but not more then seven members appointed by the minister. The minister will appoint a chairperson of the corporation. On the recommendation of the corporation the minister will appoint a chief executive officer of the corporation who will be a member of that corporation and will exercise the powers and functions of the corporation under the direction of the members. The CEO will not be eligible for appointment as chairperson. The bill contains provisions which will provide the minister with powers to terminate the appointment of members in certain circumstances. The general functions of the corporation as proposed in this bill include: · to do anything for the development of the land within the precinct owned or controlled by it; · to manage property in the precinct owned or controlled by it; · to promote the precinct as a place of residence and a venue for public events and entertainment; · to preserve good order in the precinct; · to do anything for the provision of municipal services in the precinct; · to develop and maintain facilities in the precinct; · to advise the minister about the precinct on request; · to develop and manage land not forming part of the precinct; and · to perform other functions specified in the regulations. Municipal functions are dealt with separately in the bill. Specifically the bill requires the corporation to ensure that municipal services and amenities are provided for the precinct as specified in the bill, and additionally in the regulations when drafted. The bill provides the corporation with all the powers necessary for the performance of its functions including power to acquire, hold and dispose of land and personal property. The bill provides for the Territory to be able to transfer the ownership or control of land to the corporation. This applies to land within and outside the precinct. The bill gives the corporation the power to levy rates on land within the precinct in order for it to fund all or part of its municipal functions. To ensure consistency and integration between the precinct and the municipality of Darwin, the bill provides a cap on rates within the precinct such as the rates for a year must not be greater than 120% of the rates imposed by the Darwin City Council. The corporation may only use amounts received in rates for the performance of its municipal functions. To assist the corporation in promoting the precinct, the corporation will also have the power to impose a promotional levee on persons who conduct business within the precinct. Such levees may only be used by the corporation for promotional purposes. The bill provides that the corporation may make bylaws in relation to the precinct, as well as in relation to meetings, procedures and the common seal of the corporation. The bill allows the corporation to adopt the bylaws of a municipal council, and it is envisaged that to ensure integration between the precinct and the CBD the corporation will adopt Darwin City Council by-laws. The chairperson is required to convene as many meetings as are necessary for the corporation to perform its functions. In addition, the minister may direct the chairperson to convene a meeting to deal with a particular matter. A quorum for a meeting will be a majority of the corporation’s members, and questions will be determined by a majority of votes. The chairperson will have a deliberative vote and also have a casting vote in the event of an equal number of votes. The corporation will be required to keep proper accounts and records of all of its transactions, and ensure that the adequate control is maintained over the corporation’s liabilities and property owned or under the control of the corporation. The Treasurer will have the ability to request information with respect to the corporation’s financial position and affairs. The corporation’s financial statements will be subject to audit by the Auditor-General on an annual basis. In addition, the corporation will be required to prepare an annual report for each financial year, which will include directions given by the minister, financial statements and the Auditor-General’s report on the financial statements. The minister will table a copy of the annual report in the Legislative Assembly. It is recognised that as residents commence moving into the precinct from 2008, there will be a need for a system to be set in place whereby residents are represented either as members of the corporation or otherwise. To address this, the bill requires the corporation to conduct a review of the act and the operations of the corporation within 12 months of the first residential occupancy permit being issued. Following the review, the corporation will require to prepare a report with recommendations on the management of the precinct, the representation of individuals and groups in the membership of the corporation, the devolution of the powers and functions of the corporation to another body, for example a municipal authority, and any other matters which the minister requests or the corporation considers appropriate. Consultations with respect to the bill have occurred with the Darwin City Council, Toga and a residential developer, and Darwin Cove Convention Centre Pty Ltd, the community infrastructure developer. In short this bill is about the businesses setting in place a body that will ensure that the Darwin waterfront precinct is properly serviced and managed in all respects. I commend the bill to honourable members. Debate adjourned. |