{"id":"darwin-waterfront-corporation-act-2006","name":"Darwin Waterfront Corporation Act 2006","slug":"darwin-waterfront-corporation-act-2006","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30010,"registerId":"nt-darwin-waterfront-corporation-act-2006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Darwin Waterfront Corporation Act 2006","content":"NORTHERN TERRITORY OF AUSTRALIA\nDARWIN WATERFRONT CORPORATION ACT 2006\nAs in force at 1 July 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Objects of Act .................................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Darwin Waterfront Precinct .............................................................. 2\nPart 2 Darwin Waterfront Corporation\nDivision 1 General matters\n5 Establishment .................................................................................. 3\n5A Public office ..................................................................................... 3\n6 Composition of Corporation ............................................................. 3\n7 Corporation not within shield of Crown ............................................ 3\n8 Transfer of property ......................................................................... 4\n9 Chief executive officer ..................................................................... 4\n10 Termination of appointment of member ........................................... 4\n11 Committee ....................................................................................... 4\nDivision 2 Functions and powers of Corporation\n12 Functions of Corporation ................................................................. 5\n13 Municipal services ........................................................................... 6\n14 General powers of Corporation........................................................ 6\n15 Rates for municipal services ............................................................ 7\n16 Levy for promotional activities ......................................................... 8\n17 Fees for services ............................................................................. 8\n18 Exemption from certain taxes and charges ..................................... 8\n19 By-laws ............................................................................................ 9\n20 Direction by Minister ...................................................................... 10\n21 Minister's approval required for acquisition or disposal of real\nproperty ......................................................................................... 10\n22 Effect of non-compliance ............................................................... 10\n23 Staff members ............................................................................... 10\n24 Staff member may enter land for certain purposes ........................ 11\n25 Corporation may compound .......................................................... 11\nDivision 3 Financial matters\n26 Money of Corporation .................................................................... 11\n\nDarwin Waterfront Corporation Act 2006 ii\n27 Application of money ..................................................................... 12\n28 Account keeping ............................................................................ 12\n29 Treasurer's approval required for certain contracts ....................... 13\nDivision 4 Reporting requirements\n30 Annual report ................................................................................. 13\n31 Application of Corporations Act ..................................................... 14\n32 Auditor to be given financial statements ........................................ 14\nDivision 5 Meetings\n33 Meetings ........................................................................................ 14\n34 Disclosure of interests ................................................................... 15\nDivision 6 Other administrative matters\n35 Delegation ..................................................................................... 15\n36 Protection from liability .................................................................. 16\nDivision 7 Review of Corporation's operation\n37 Review ........................................................................................... 16\nPart 3 Matters relating to rates\nDivision 1 Definitions\n38 Definitions ...................................................................................... 17\nDivision 2 General matters\n39 Rateability of land in Precinct ........................................................ 18\n40 Commonwealth land ...................................................................... 18\n41 Allotments ...................................................................................... 18\n42 Apportionment if allotment rateable for part of financial year ......... 19\n43 Joint and several liability ................................................................ 19\n44 Principal ratepayer for allotment .................................................... 19\n45 Assessment record ........................................................................ 20\n46 Notices to be given by ratepayers ................................................. 21\n47 Correction of record ....................................................................... 21\nDivision 3 Imposition of rates\n48 Declaration and notification of rates .............................................. 22\n49 Rates notice................................................................................... 23\n50 Payment by instalment .................................................................. 23\n51 Validity of declaration .................................................................... 24\n52 Accrual of interest on overdue rates .............................................. 24\n53 Remission of interest ..................................................................... 24\n\nDarwin Waterfront Corporation Act 2006 iii\n54 Rate concessions generally ........................................................... 24\n55 Alleviation of financial hardship ..................................................... 25\n56 Correction of anomaly in operation of rating system...................... 25\n57 Public benefit ................................................................................. 25\nDivision 4 Recovery of rates\nSubdivision 1 Definition\n58 Definition........................................................................................ 26\nSubdivision 2 Court action\n59 Recovery by court action ............................................................... 26\nSubdivision 3 Overriding statutory charge\n60 Application of Subdivision .............................................................. 26\n61 Overdue rates to be charge on allotment ...................................... 26\n62 Registration of charge ................................................................... 27\n63 Effect of registered charge............................................................. 27\nSubdivision 4 Sale of allotment\n64 Power to sell allotment for non-payment of rates........................... 27\n65 Pre-conditions of sale .................................................................... 28\n66 Sale of allotment ............................................................................ 28\n67 Proceeds of sale ............................................................................ 29\nDivision 5 Review and appeal\n68 Right to apply for review ................................................................ 30\n69 Consideration of application by administrative review\ncommittee ...................................................................................... 30\n70 Corporation's decision on recommendation and appeal ................ 31\nPart 4 Miscellaneous matters\n71 Acquisition on just terms ................................................................ 31\n72 Regulations.................................................................................... 31\nPart 5 Transitional matter for Darwin Waterfront\nCorporation Amendment Act 2012\n73 Rates imposed before commencement ......................................... 32\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2021\n____________________\nDARWIN WATERFRONT CORPORATION ACT 2006\nAn Act to establish the Darwin Waterfront Corporation and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Darwin Waterfront Corporation\nAct 2006.\n2 Objects of Act\nThe Darwin Waterfront Corporation is created by this Act for the\nachievement of the following objects:\n(a) to develop, manage and service the Precinct for the benefit of\nthe community;\n(b) to promote the Precinct as a place of residence and business\nand a venue for public events and entertainment.\n3 Definitions\nIn this Act:\nby-laws means by-laws made under section 19.\nCEO, see section 9(1).\nchairperson means the person holding or occupying the office of\nchairperson of the Corporation mentioned in section 6(3).\ncommittee means a committee established under section 11.\ncommon property means:\n(a) for a plan – the common property in relation to the plan as\ndefined in section 4(1) of the Unit Titles Act 1975; and\n\nPart 1 Preliminary matters\nDarwin Waterfront Corporation Act 2006 2\n(b) for a scheme – the common property of the scheme as\ndefined in section 33 of the Unit Title Schemes Act 2009.\nCorporation means the Darwin Waterfront Corporation established\nby section 5(1).\nland includes:\n(a) a unit, lot and common property created by registration of a\nplan; and\n(b) a unit and common property created by registration of a\nscheme.\nmeeting means a meeting of the Corporation held under\nsection 33.\nmember means a member of the Corporation mentioned in\nsection 6.\nmunicipal services, see section 13.\nplan means a units plan, or building development plan, as defined\nin section 4(1) of the Unit Titles Act 1975.\nPrecinct means the Darwin Waterfront Precinct specified under\nsection 4.\npromotional activities, see section 12(1)(c).\nscheme means a unit title scheme as defined in section 10(1) of\nthe Unit Title Schemes Act 2009.\nstaff member, see section 23(1).\nunit means:\n(a) for a plan – a unit of the plan as defined in section 4(1) of the\nUnit Titles Act 1975; and\n(b) for a scheme – a unit of the scheme as defined in section 37\nof the Unit Title Schemes Act 2009.\n4 Darwin Waterfront Precinct\nThe regulations may specify the areas forming the Darwin\nWaterfront Precinct.\n\nPart 2 Darwin Waterfront Corporation\nDivision 1 General matters\nDarwin Waterfront Corporation Act 2006 3\nPart 2 Darwin Waterfront Corporation\nDivision 1 General matters\n5 Establishment\n(1) The Darwin Waterfront Corporation is established.\n(2) The Corporation:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real and personal property and of suing and being\nsued.\n(3) All courts, judges and persons acting judicially must:\n(a) take judicial notice of the common seal affixed to a document;\nand\n(b) presume the seal was duly affixed.\n5A Public office\n(1) The Corporation must have a public office.\n(2) The public office must be open to the public at reasonable times\ndetermined by the Corporation.\n6 Composition of Corporation\n(1) The Corporation is constituted by at least 3 but not more than\n7 members appointed by the Minister.\n(2) A member holds office for the period (not exceeding 3 years)\nspecified in the appointment.\n(3) The Minister must appoint a member (other than the CEO) to be the\nchairperson of the Corporation.\n7 Corporation not within shield of Crown\nThe Corporation:\n(a) does not represent the Territory; and\n(b) does not enjoy any privileges, rights or immunities of the\nCrown in right of the Territory; and\n\nPart 2 Darwin Waterfront Corporation\nDivision 1 General matters\nDarwin Waterfront Corporation Act 2006 4\n(c) is not within the shield of the Crown in right of the Territory.\n8 Transfer of property\n(1) The Territory may transfer the ownership or control of any of its\nproperty (whether situated in the Precinct or not) to the Corporation.\n(2) The Corporation may transfer the ownership or control of any of its\nproperty to the Territory.\n9 Chief executive officer\n(1) The Minister must appoint a person recommended by the\nCorporation to be its chief executive officer (the CEO).\n(2) The CEO holds office for the period and on terms and conditions as\ndecided by the Minister.\n(3) The CEO may be a public sector employee.\n(4) The CEO must, under the Corporation's directions, exercise the\nCorporation's powers and perform the Corporation's functions.\n(5) The CEO is a member for section 6.\n10 Termination of appointment of member\n(1) The Minister may terminate a member's appointment on the\ngrounds of inability, inefficiency, misbehaviour or physical or mental\nincapacity.\n(2) The Minister must terminate a member's appointment if the\nmember:\n(a) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of the member's\nremuneration for their benefit; or\n(b) is convicted in Australia of an offence punishable by\nimprisonment for 12 months or longer; or\n(c) is absent, except on leave granted by the Minister, from\n3 consecutive meetings of the Corporation; or\n(d) fails to comply with section 34.\n11 Committee\n(1) The Corporation may establish a committee for one or more of its\npowers or functions.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 5\n(2) Each committee consists of 2 or more members and any other\npersons appointed by the Corporation.\nDivision 2 Functions and powers of Corporation\n12 Functions of Corporation\n(1) The functions of the Corporation are:\n(a) to do anything for the development of land in the Precinct that\nis owned or controlled by the Corporation; and\n(b) to manage property (including land and marine infrastructure)\nin the Precinct that is owned or controlled by the Corporation;\nand\n(c) to do anything (promotional activities) for the promotion of\nthe Precinct as a place of residence and business and a\nvenue for public events and entertainment; and\n(d) to do anything for construction to be carried out in the\nPrecinct; and\n(e) to preserve good order in the Precinct; and\n(f) to do anything for the provision of municipal services in the\nPrecinct; and\n(g) to do anything for the development and maintenance of other\ncivic amenities and facilities in the Precinct (including the\nstaging of public events and entertainment in the Precinct);\nand\n(h) on the Minister's request, to advise the Minister about the\nPrecinct; and\n(i) to develop and manage land not forming part of the Precinct\nas directed by the Minister and in accordance with the\nregulations; and\n(j) to perform other functions specified by regulation.\n(2) Without limiting subsection (1), the Corporation may:\n(a) as the owner or controller of land, give instructions to any\nAgency or other body that is engaged in the development of,\nor construction works on, the land; and\n(b) consult with anyone in relation to the performance of any of its\nfunctions.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 6\n(3) The Corporation may enter into an arrangement with the Darwin\nCity Council or another person for the performance by the Council\nor person of specified functions of the Corporation.\n(3A) The arrangement may provide for the Council or person to exercise\npowers of the Corporation for the arrangement.\n(4) The Corporation must perform its functions having regard to the\nobjects of this Act.\n13 Municipal services\n(1) The Corporation must ensure services and amenities relating to the\nfollowing are provided for the Precinct:\n(a) sanitation, garbage collection and street cleaning;\n(b) roads, footpaths, parking and traffic control;\n(c) public places (including parks and public toilets);\n(d) storm drainage;\n(e) street lighting;\n(ea) the maintenance of the quality of:\n(i) any enclosed body of sea water (whether treated or\nuntreated) that is designed as a feature of the Precinct;\nand\n(ii) the water in any water feature or recreational facility on\nland owned or controlled by the Corporation in the\nPrecinct;\n(f) any other matters specified by regulation.\n(2) The Corporation may also arrange for the provision of other\nservices and amenities for the Precinct as are specified by\nregulation.\n(3) Services and amenities provided under this section are municipal\nservices.\n14 General powers of Corporation\n(1) The Corporation may do anything necessary or convenient for the\nperformance of its functions.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 7\n(2) Without limiting subsection (1), the Corporation may:\n(a) with the Treasurer's approval:\n(i) borrow, lend, raise or invest money under section 29;\nand\n(ii) form or participate in the formation of an incorporated\nbody or partnership; and\n(iii) grant guarantees or indemnities for, or otherwise\nassume responsibility for, the obligations of a person;\nand\n(b) engage persons to assist the Corporation; and\n(c) consult with and enter into arrangements with other persons or\nbodies (including Agencies); and\n(d) grant registrations and issue permits and licences.\n15 Rates for municipal services\n(1) The Corporation may impose rates on land in the Precinct for the\nfunding of municipal services.\n(2) However, before the end of 2020, the Corporation may only impose\nthe rates specified in subsection (3) and may only do so as\nprovided in subsections (4), (5), (6) and (7).\n(3) For subsection (2), there are 2 rates that may be imposed:\n(a) rates on all land other than common property; and\n(b) rates on all land other than units.\n(4) The rates mentioned in subsection (3)(a) must be of the same rate\nand based on the same method of calculation for rates imposed on\nland in the central business district of the municipality of Darwin.\n(5) Land that would have been exempt from rates under the Local\nGovernment Act 2019 is exempt from the rates mentioned in\nsubsection (3).\n(6) However, the rates mentioned in subsection (3)(b) may be imposed\non the common property of a plan or scheme.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 8\n(7) The rates mentioned in subsection (3)(b) must be imposed on the\nfollowing basis:\n(a) for the common property of a plan or scheme – the rates\nmentioned in subsection (3)(b) that are imposed on the\ncommon property for a financial year must not exceed 20% of\nthe sum of the rates mentioned in subsection (3)(a) that are\nimposed on all the units of the plan or scheme for that year;\n(b) for any other land – the rates mentioned in subsection (3)(b)\nthat are imposed on the land for a financial year must not\nexceed 20% of the rates mentioned in subsection (3)(a) that\nare imposed on the land for that year.\nNote for section 15\nPart 3 contains further provisions relating to rates.\n16 Levy for promotional activities\n(1) The Corporation may impose a levy for the funding of promotional\nactivities.\n(2) The levy may only be imposed on a person prescribed by\nregulation.\n(3) The by-laws may make provision about the levy.\n(4) The regulations may provide for the maximum amount of the levy\nthat may be imposed on a person for a year (including specifying\nhow that amount must be worked out).\n17 Fees for services\n(1) The Corporation may charge fees for services provided by or for the\nCorporation (whether the services are municipal services or not).\n(2) The by-laws may make provision about the fees.\n18 Exemption from certain taxes and charges\n(1) The Corporation, as the owner or controller of land in the Precinct:\n(a) is not liable for any rates, levy or fees arising from section 15,\n16 or 17; and\n(b) is exempt from other requirements (for example, licensing or\nregistration requirements) imposed by the by-laws.\n(2) In addition, the Corporation is not liable for any stamp duty imposed\nunder the Stamp Duty Act 1978 in relation to the land.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 9\n(3) Except as otherwise provided by a law of the Territory, a lessee of\nland owned by the Corporation is not exempt from the liabilities and\nrequirements mentioned in subsections (1) and (2).\n19 By-laws\n(1) The Corporation may make by-laws, not inconsistent with this Act\nor any other law of the Territory, for any of the following matters:\n(a) any matter relating to its common seal, meetings or\nprocedures;\n(b) promotional activities;\n(c) controlling the Precinct (including the use of the land and\nwater within the Precinct) and access to any part of it;\n(d) care and maintenance of all or any part of the Precinct;\n(e) preserving good order in the Precinct;\n(f) regulating conduct (including omissions) occurring in the\nPrecinct;\n(g) prescribing a fine not exceeding 200 penalty units for an\noffence against the by-laws;\n(h) providing for an offence against the by-laws to be a regulatory\noffence;\n(i) providing for:\n(i) the payment of a prescribed amount instead of a penalty\nthat may otherwise be imposed for an offence against\nthe by-laws; and\n(ii) the service of a notice relating to payment of the amount\non a person alleged to have committed the offence; and\n(iii) the particulars to be included in the notice;\n(j) any other matter for the exercise of any of its powers or the\nperformance of any if its functions under this Act;\n(k) any other matter required or permitted by a law of the\nTerritory.\n(2) The by-laws may apply, adopt or incorporate (with or without\nchanges) the whole or part of an Act or other instrument (including\nthe by-laws of a local government council) as in force or existing at\na particular time or from time to time.\n\nPart 2 Darwin Waterfront Corporation\nDivision 2 Functions and powers of Corporation\nDarwin Waterfront Corporation Act 2006 10\n20 Direction by Minister\n(1) The Minister may give directions to the Corporation for the exercise\nof any of its powers or the performance of any of its functions.\n(2) The Corporation must comply with the direction.\n21 Minister's approval required for acquisition or disposal of real\nproperty\nThe Corporation must not, without the Minister's approval, acquire\nor dispose of any real property or interest in real property.\n22 Effect of non-compliance\n(1) The validity of an act of the Corporation is not affected by a failure\nof the Corporation to:\n(a) obtain an approval of the Treasurer as required by\nsection 14(2)(a); or\n(b) comply with a direction of the Minister given under section 20;\nor\n(c) obtain an approval of the Minister as required by section 21.\n(2) Without limiting subsection (1), the validity of a contract for a matter\nmentioned in section 14(2)(a) is not affected by a failure of the\nCorporation to obtain an approval of the Treasurer for that contract.\n23 Staff members\n(1) The Corporation may be assisted by each of the following (a staff\nmember) in exercising its powers or performing its functions:\n(a) a person who:\n(i) is a public sector employee; and\n(ii) is made available to the Corporation with the agreement\nof the Commissioner for Public Employment;\n(b) a person employed or engaged by the Corporation.\n(2) A person employed by the Corporation as mentioned in\nsubsection (1)(b):\n(a) must be employed on terms and conditions as decided by the\nCorporation; and\n(b) may be a public sector employee.\n\nPart 2 Darwin Waterfront Corporation\nDivision 3 Financial matters\nDarwin Waterfront Corporation Act 2006 11\n24 Staff member may enter land for certain purposes\n(1) A staff member may enter any land or building within the Precinct\nas required or permitted under this Act for an inspection or the\ncarrying out of works.\n(2) The staff member may only do so:\n(a) during reasonable hours; and\n(b) except with the consent of the occupant of the land or\nbuilding – at least 24 hours after written notice for the entry\nhas been given by the CEO to the occupant.\n25 Corporation may compound\nThe Corporation may compound with any of the following persons\nfor an amount of money or other consideration as the Corporation\nconsiders appropriate:\n(a) a person who has entered into a contract with the Corporation;\n(b) a person who has commenced or intends to commence\nproceedings against the Corporation;\n(c) a person against whom the Corporation has commenced or\nintends to commence proceedings.\nDivision 3 Financial matters\n26 Money of Corporation\nThe money of the Corporation consists of:\n(a) amounts appropriated for the Corporation; and\n(b) dividends on shares owned by the Corporation; and\n(c) interest on investments held by the Corporation; and\n(d) proceeds from the disposal of the Corporation's property; and\n(da) the following amounts that are received or recovered by the\nCorporation:\n(i) rates imposed under section 15;\n(ii) interest that has accrued on rates under section 52;\n(iii) costs reasonably incurred by the Corporation in\nrecovering, or attempting to recover, rates; and\n\nPart 2 Darwin Waterfront Corporation\nDivision 3 Financial matters\nDarwin Waterfront Corporation Act 2006 12\n(e) amounts imposed or charged under section 16 or 17 that are\nreceived by the Corporation; and\n(f) any other amounts that become available for use by the\nCorporation under a law of the Territory.\n27 Application of money\n(1) The money of the Corporation must be applied only for the exercise\nof its powers or performance of its functions.\n(2) An amount of rates mentioned in section 15, or interest mentioned\nin section 52, that is received by the Corporation may only be used\nfor the provision of municipal services.\n(3) An amount of levy mentioned in section 16 that is received by the\nCorporation may only be used for the funding of promotional\nactivities.\n(4) An amount of fees mentioned in section 17 that is received by the\nCorporation may only be used for the provision of the service\nrelating to the fees.\n28 Account keeping\n(1) The Corporation must ensure:\n(a) proper accounts and records of the Corporation's transactions\nand financial affairs are kept; and\n(b) there are adequate controls over the incurring of the\nCorporation's liabilities; and\n(c) all payments out of the Corporation's money are correctly\nmade and properly authorised; and\n(d) adequate control is maintained over:\n(i) the Corporation's property; and\n(ii) property in the Corporation's custody, control or\nmanagement.\n(2) The Treasurer may request the Corporation to give the Treasurer\nany information the Treasurer reasonably requires to accurately\nassess the Corporation's financial position and financial affairs.\n(3) The Corporation must comply with the request.\n\nPart 2 Darwin Waterfront Corporation\nDivision 4 Reporting requirements\nDarwin Waterfront Corporation Act 2006 13\n29 Treasurer's approval required for certain contracts\n(1) The Corporation must not enter into a contract for any of the\nfollowing without the Treasurer's approval:\n(a) borrowing of money by the Corporation;\n(b) lending of money by the Corporation;\n(c) raising of money, otherwise than by borrowing, by the\nCorporation in a manner that is not specified for\nsubsection (2);\n(d) investing the Corporation's money, otherwise than by lending,\nin a class of investment that is not specified for subsection (2).\n(2) The Treasurer may in writing specify:\n(a) a manner of raising money for which the Treasurer's approval\nis not required; and\n(b) a class of investment for which the Treasurer's approval is not\nrequired.\nDivision 4 Reporting requirements\n30 Annual report\n(1) For each financial year, the Corporation must prepare an annual\nreport on its operation during that year.\n(2) The report must include:\n(a) the record of each Ministerial direction given under\nsection 20(1) during that year; and\n(b) financial statements relating to the Corporation's operation for\nthat year that are prepared because of section 31; and\n(c) the Auditor-General's report on the financial statements given\nto the Corporation under section 32.\n(3) The Corporation must give the annual report to the Minister within:\n(a) one month after receiving the Auditor-General's report; or\n(b) another period specified by the Minister.\n(4) The Minister must table in the Legislative Assembly a copy of the\nannual report within 6 sitting days after receiving it.\n\nPart 2 Darwin Waterfront Corporation\nDivision 5 Meetings\nDarwin Waterfront Corporation Act 2006 14\n31 Application of Corporations Act\n(1) The accounting and reporting obligations imposed on a public\ncompany under the Corporations Act 2001 apply to the Corporation\nas if:\n(a) the Corporation were a public company; and\n(b) the Territory were the shareholders of the company.\n(2) To avoid doubt, the obligations mentioned in subsection (1) include\nobligations to prepare financial statements and the application of\nthe relevant standards for those obligations.\n32 Auditor to be given financial statements\n(1) The Corporation must give the Auditor-General the financial\nstatements prepared because of section 31 for a financial year\nwithin:\n(a) 2 months after the end of that year; or\n(b) another period specified by the Minister.\n(2) The Auditor-General must:\n(a) audit the financial statements; and\n(b) report to the Corporation on the financial statements.\n(3) The Auditor-General must do so within:\n(a) 2 months after receiving the financial statements; or\n(b) another period specified by the Administrator.\nDivision 5 Meetings\n33 Meetings\n(1) The chairperson must convene as many meetings as are necessary\nto perform its functions.\n(2) The Minister may direct the chairperson to convene a meeting to\ndeal with a matter specified by the Minister.\n(3) The chairperson must comply with the direction.\n(4) The quorum for a meeting of the Corporation is a majority of its\nmembers.\n\nPart 2 Darwin Waterfront Corporation\nDivision 6 Other administrative matters\nDarwin Waterfront Corporation Act 2006 15\n(5) Questions arising at a meeting are determined by a majority of\nvotes.\n(6) A member nominated by the chairperson must preside at a meeting\nin which the chairperson is absent.\n(7) At a meeting, the presiding member:\n(a) has a deliberative vote; and\n(b) in the event of an equality of votes, also has the casting vote.\n(8) The procedures for meetings must be determined by the\nCorporation.\n34 Disclosure of interests\n(1) If a member has a direct or indirect interest in a matter being\nconsidered, or about to be considered, by the Corporation, the\nmember must disclose the nature of the interest in a meeting as\nsoon as practicable after the relevant facts come to the member's\nknowledge.\n(2) The disclosure must be recorded in the Corporation's minutes.\n(3) Subject to a resolution of the Corporation to the contrary, the\nmember:\n(a) must not, while the member has the interest, take part in any\ndeliberation or decision of the Corporation relating to the\nmatter; and\n(b) must be disregarded for constituting the quorum of the\nCorporation for any deliberation or decision of the Corporation\nrelating to the matter.\n(4) The Corporation must maintain a register of the interests of the\nmembers.\nDivision 6 Other administrative matters\n35 Delegation\nThe Corporation may delegate any of its powers or functions to one\nor more of the following:\n(a) a member;\n(b) a staff member;\n\nPart 2 Darwin Waterfront Corporation\nDivision 7 Review of Corporation's operation\nDarwin Waterfront Corporation Act 2006 16\n(c) a committee.\n36 Protection from liability\n(1) This section applies to a person who is or has been a member.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Corporation in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(4) Subsections (2) and (3) do not affect any liability the Territory or the\nCorporation would, apart from those subsections, have for the act\nor omission.\nDivision 7 Review of Corporation's operation\n37 Review\n(1) The Corporation must conduct a review of its operation and the\noperation of this Act within 12 months after an occupancy permit\nhas been issued under the Building Act 1993 for a residential\ndwelling in the Precinct for the first time.\n(2) The Corporation must prepare a report of the review, incorporating\nany recommendations on the following:\n(a) the management of the Precinct;\n(b) the representation of individuals and groups in the\nmembership of the Corporation;\n(c) the devolution of the Corporation's powers and functions to\nanother body;\n(d) any other matter for which the Minister has requested a\nrecommendation;\n(e) any other matter the Corporation considers appropriate.\n\nPart 3 Matters relating to rates\nDivision 1 Definitions\nDarwin Waterfront Corporation Act 2006 17\nPart 3 Matters relating to rates\nDivision 1 Definitions\n38 Definitions\nIn this Part:\nadministrative review committee, see section 69(1).\nallotment, see section 41.\nassessment record means the assessment record kept by the\nCorporation under section 45.\nnominal owner, of an allotment, means:\n(a) if the allotment is common property – the body corporate that,\nunder the by-laws, is liable to pay the rates imposed on the\ncommon property; or\n(b) if the allotment is held from the Territory under a lease – the\nlessee; or\n(c) if the allotment is held from the Corporation under a lease –\nthe lessee; or\n(d) otherwise – the registered owner of the allotment.\noccupier, of an allotment, means a person who is, either jointly or\nalone, in possession of the allotment to the substantial exclusion of\nothers.\nprincipal ratepayer, for an allotment, see section 44(1).\nrate concession, see section 54(1).\nrateable, see section 39(1).\nratepayer means a person who pays, or is liable to pay, rates\nimposed on an allotment under this Act.\nregistered owner, of an allotment, means the registered owner (as\ndefined in section 4 of the Land Title Act 2000) of a lot that\ncomprises or includes the allotment.\n\nPart 3 Matters relating to rates\nDivision 2 General matters\nDarwin Waterfront Corporation Act 2006 18\nDivision 2 General matters\n39 Rateability of land in Precinct\n(1) All land in the Precinct is rateable except land specified in\nsubsection (2).\n(2) For subsection (1), the following land is specified:\n(a) land that is exempt from rates under section 15(5);\n(b) land of the Corporation, other than land that is leased for a\npurpose that does not give rise to an exemption from rates\nunder section 15(5);\n(c) land of the Commonwealth, other than land that the\nCommonwealth has agreed be rateable.\n40 Commonwealth land\nIf the Commonwealth agrees that its land be rateable, the land is\nrateable on conditions agreed by the Commonwealth.\n41 Allotments\n(1) An allotment is a lot or part of a lot for which the Corporation\nproposes to make a separate assessment and imposition of rates.\n(2) The Corporation may only divide a lot that is subject to the same\nownership into separate allotments if:\n(a) the allotments are subject to separate occupation; or\n(b) the allotments fall within different zones; or\n(c) there is some other good reason for dividing the lot into\nseparate allotments.\nExample for subsection (2)(a)\nIf a lot comprises a block of flats and the flats are owned by one person but\nseparately occupied, the Corporation could either:\n(a) treat the block of flats as a single allotment and impose rates on the block\nas a whole; or\n(b) treat each flat as a separate allotment and impose rates on each flat.\n(3) In this section:\nlot, see section 4 of the Land Title Act 2000.\nzone, see section 3(1) of the Planning Act 1999.\n\nPart 3 Matters relating to rates\nDivision 2 General matters\nDarwin Waterfront Corporation Act 2006 19\n42 Apportionment if allotment rateable for part of financial year\n(1) If an allotment becomes, or ceases to be, rateable during the\ncourse of a financial year:\n(a) the allotment is liable to rates under section 15 for the financial\nyear; but\n(b) the amount of rates payable is the amount that is\nproportionate to the part of the financial year during which the\nallotment is rateable.\n(2) The Corporation must make any refund or remission of rates\nnecessary to give effect to this section.\n43 Joint and several liability\n(1) The nominal owner and the occupier (if not the nominal owner) of\nan allotment are jointly and severally liable for rates imposed on the\nallotment.\n(2) However, the occupier does not become liable for the rates unless,\nunder section 44, the occupier is designated in the assessment\nrecord as the principal ratepayer for the allotment.\n44 Principal ratepayer for allotment\n(1) The principal ratepayer for an allotment is the nominal owner of\nthe allotment but, if a person other than the nominal owner is, under\nthis section, designated in the assessment record as the principal\nratepayer for the allotment, that person is the principal ratepayer.\n(2) If, under subsection (1), 2 or more people would be the principal\nratepayer for an allotment, the CEO may designate one or more of\nthem in the assessment record as the principal ratepayer for the\nallotment.\n(3) On the application of an occupier of an allotment, the CEO may\ndesignate the occupier in the assessment record as the principal\nratepayer for the allotment.\n(4) If the occupier subsequently applies for the designation to be\nremoved from the assessment record, the CEO must remove the\ndesignation.\n(5) A ratepayer designated under subsection (2) or (3) as the principal\nratepayer for an allotment is the principal ratepayer to the exclusion\nof others.\n\nPart 3 Matters relating to rates\nDivision 2 General matters\nDarwin Waterfront Corporation Act 2006 20\n(6) If rates are paid by, or recovered from, a ratepayer who is not the\nprincipal ratepayer for an allotment, the ratepayer may, subject to\nany relevant agreement, recover the amount of the rates from the\nprincipal ratepayer or set the amount off against any liability owed\nto the principal ratepayer.\n45 Assessment record\n(1) The Corporation must keep an assessment record.\n(2) The assessment record must contain the following information for\neach allotment:\n(a) a brief description of the allotment;\n(b) if rates for the allotment are to be calculated as a proportion of\nthe value of the allotment – a statement of the value;\n(c) the name and postal address of the registered owner of the\nallotment;\n(d) if the registered owner is not the nominal owner of the\nallotment – the name and postal address of the nominal\nowner;\n(e) if the nominal owner is not the principal ratepayer for the\nallotment – the name and postal address of the principal\nratepayer;\n(f) if the allotment is subject to a differential rate on the basis of\nits use – a statement of the use;\n(g) other information the Corporation resolves to include in the\nrecord.\nNote for paragraph (b)\nSection 15(4) and (7) specifies how rates are to be calculated.\n(3) The assessment record may be kept in the form the Corporation\nconsiders appropriate.\n(4) A copy of the assessment record must be available for inspection,\nfree of charge, by any member of the public at the Corporation's\npublic office.\n(5) The CEO must, at the request of a person to whom an entry in the\nassessment record relates, suppress the person's name or address\n(or both) from the publicly available copy of the record.\n\nPart 3 Matters relating to rates\nDivision 2 General matters\nDarwin Waterfront Corporation Act 2006 21\n46 Notices to be given by ratepayers\n(1) If a person becomes the principal ratepayer for a particular\nallotment, the person must, within 28 days of becoming the\nprincipal ratepayer, give the CEO written notice of that fact and of\nthe person's postal address.\nMaximum penalty: 20 penalty units.\n(2) If a principal ratepayer's postal address changes, the principal\nratepayer must, within 28 days of the change, give the CEO written\nnotice of the new address.\nMaximum penalty: 20 penalty units.\n(3) If a person ceases to be the principal ratepayer for a particular\nallotment, the person must, within 28 days of ceasing to be the\nprincipal ratepayer, give the CEO written notice of that fact.\nMaximum penalty: 20 penalty units.\n(4) An offence against subsection (1), (2) or (3) is a regulatory offence.\n47 Correction of record\n(1) A person may apply to the Corporation for correction of an entry in\nthe assessment record.\n(2) The application may be made on one or more of the following\ngrounds:\n(a) the entry wrongly classifies an allotment that is not rateable as\nrateable;\n(b) the entry wrongly records the use of an allotment;\n(c) the entry contains some other relevant misclassification or\nmisdescription of an allotment;\n(d) the entry wrongly records ownership or occupation of an\nallotment;\n(e) the entry wrongly designates the applicant as the principal\nratepayer for an allotment;\n(f) the entry contains some other relevant error.\n(3) The application must be in writing and state:\n(a) the applicant's interest in the allotment to which the application\nrelates; and\n\nPart 3 Matters relating to rates\nDivision 3 Imposition of rates\nDarwin Waterfront Corporation Act 2006 22\n(b) the nature of the amendment that should, in the applicant's\nopinion, be made.\n(4) If the application is uncontroversial, the CEO may decide the\napplication on behalf of the Corporation but, if it raises matters of\npossible controversy, the application is to be dealt with by the\nCorporation or a Corporation committee.\n(5) The CEO must give the applicant written notice of the decision on\nthe application as soon as practicable.\nNote for subsection (5)\nA person who is adversely affected by the decision may apply for a review under\nDivision 5.\nDivision 3 Imposition of rates\n48 Declaration and notification of rates\n(1) To impose rates under section 15 for a financial year, the\nCorporation must, on or before 31 July in that financial year,\ndeclare rates on allotments in the Precinct.\n(2) The declaration must state the following:\n(a) the basis or bases of the rates;\n(b) if the rates may be paid by instalment – the number of\ninstalments payable and the date on which each instalment\nwill fall due for payment;\n(c) if a discount or other form of concession or benefit is to be\ngiven for prompt payment of rates in full:\n(i) details of the discount, concession or benefit; and\n(ii) the conditions on which it is to be given.\n(3) Within 21 days after declaring rates, the Corporation must publish\nnotice of the declaration of rates and the matters specified in\nsubsection (2):\n(a) on its website; and\n(b) in a newspaper circulating generally in the Precinct.\n(4) Failure to publish the notice within the time limit fixed by\nsubsection (3) does not invalidate the declaration.\n\nPart 3 Matters relating to rates\nDivision 3 Imposition of rates\nDarwin Waterfront Corporation Act 2006 23\n49 Rates notice\n(1) At least 28 days before the payment of the rates, or the first\ninstalment of the rates, falls due, the Corporation must issue an\naccount for the payment of rates (a rates notice) for each\nallotment.\n(2) The rates notice must be given to the principal ratepayer for an\nallotment or, if it is not practicable to do so, to any other ratepayer\nfor the allotment.\n(3) The rates notice must:\n(a) state the due date for payment of the rates or, if the rates may\nbe paid by instalment, the due date for payment of each\ninstalment; and\n(b) if a discount is to be given for prompt payment of rates in full –\nstate:\n(i) the percentage discount; and\n(ii) the conditions on which the discount will be given; and\n(iii) both the discounted and undiscounted amount payable;\nand\n(c) if another form of concession or benefit is to be given for\nprompt payment of rates in full – state:\n(i) details of the concession or benefit; and\n(ii) the conditions on which it will be given; and\n(d) contain any other information prescribed by the by-laws; and\n(e) be given at least 28 days before the payment of the rates, or\nthe first instalment of the rates, falls due.\n(4) Failure to give the rates notice within the time limit fixed by\nsubsection (3)(e) does not invalidate the rates notice.\n50 Payment by instalment\n(1) If the Corporation allows payment of rates by instalment:\n(a) each instalment must be paid by the due date for payment; but\n(b) if a ratepayer fails to pay an instalment by the due date – all\nremaining instalments become immediately due.\n\nPart 3 Matters relating to rates\nDivision 3 Imposition of rates\nDarwin Waterfront Corporation Act 2006 24\n(2) However, the Corporation may relieve a ratepayer, or ratepayers\ngenerally, from the consequences of a failure to pay an instalment\nto an extent decided by the Corporation.\n51 Validity of declaration\n(1) The Minister may, by Gazette notice, declare that rates have been\nvalidly declared, or declared and levied, by the Corporation despite\na particular procedural non-compliance or some other irregularity or\nerror of a minor or technical nature.\n(2) The declaration validates the rates from the date of their purported\ndeclaration.\n52 Accrual of interest on overdue rates\n(1) If rates are not paid by the due date for payment, interest accrues\non the amount of the unpaid rates at the relevant interest rate.\nNote for subsection (1)\nIf the ratepayer defaults in payment of an instalment of rates, all remaining\ninstalments become due and payable. Therefore, interest accrues on the total\namount of the unpaid rates and not merely the amount of the instalment. (See\nsection 50(1)).\n(2) Interest is calculated on a daily basis on the amount of the unpaid\nrates (exclusive of interest) from the due date until the date of\npayment.\n(3) In this section:\nrelevant interest rate means the rate of interest fixed by the\nDarwin City Council as the relevant interest rate under section 10 of\nthe Local Government Act 2019.\n53 Remission of interest\nThe Corporation may remit interest wholly or partly.\n54 Rate concessions generally\n(1) A rate concession is:\n(a) a waiver in whole or part of rates or a component of rates; or\n(b) a deferment in whole or part of a liability to pay rates or a\ncomponent of rates; or\n(c) both.\n\nPart 3 Matters relating to rates\nDivision 3 Imposition of rates\nDarwin Waterfront Corporation Act 2006 25\n(2) The Corporation may, by written notice, grant a rate concession\nunder section 55, 56 or 57 unconditionally or on conditions\ndetermined by the Corporation.\n(3) If the Corporation grants a rate concession on conditions and the\nratepayer fails to comply with a condition, the Corporation may by\nwritten notice to the ratepayer:\n(a) withdraw the concession; and\n(b) require the ratepayer to pay an amount, on or before a date\nspecified in the notice, to neutralise any benefit to the\nratepayer of the rate concession.\n55 Alleviation of financial hardship\n(1) The Corporation may grant a rate concession to alleviate financial\nhardship.\n(2) The Corporation may grant the rate concession on application by a\nperson who establishes to the Corporation's satisfaction that the\nperson will suffer financial hardship if the concession is not granted.\n56 Correction of anomaly in operation of rating system\n(1) The Corporation may grant a rate concession to a ratepayer or\nratepayers of a particular class if satisfied it is necessary to do so in\norder to correct an anomaly in the operation of the rating system.\n(2) The Corporation may grant the rate concession on the\nCorporation's own initiative or on application by an affected\nratepayer.\n57 Public benefit\n(1) The Corporation may grant a rate concession to advance one or\nmore of the following purposes:\n(a) securing the proper development of the Precinct;\n(b) preserving buildings or places of historical interest;\n(c) protecting the environment;\n(d) encouraging cultural activities;\n(e) promoting community health or welfare;\n(f) providing recreation or amusement for the public.\n\nPart 3 Matters relating to rates\nDivision 4 Recovery of rates\nSubdivision 3 Overriding statutory charge\nDarwin Waterfront Corporation Act 2006 26\n(2) However, the rate concession:\n(a) may only be granted if authorised under a policy formally\nadopted by resolution of the Corporation; and\n(b) is subject to limitations and conditions specified in that policy.\n(3) The Corporation may grant the rate concession on its own initiative\nor on application by a ratepayer.\nDivision 4 Recovery of rates\nSubdivision 1 Definition\n58 Definition\nIn this Division:\nrates includes, if the rates are overdue:\n(a) accrued interest; and\n(b) costs reasonably incurred by the Corporation in recovering, or\nattempting to recover, the rates.\nSubdivision 2 Court action\n59 Recovery by court action\n(1) Rates imposed on an allotment may be recovered as a debt due to\nthe Corporation from the principal ratepayer for the allotment, or\nany other ratepayer for the allotment, by action in a court of\ncompetent jurisdiction.\n(2) The proceedings may be commenced at any time within 6 years\nafter the rates were imposed.\nSubdivision 3 Overriding statutory charge\n60 Application of Subdivision\nThis Subdivision does not apply to rates imposed on common\nproperty.\n61 Overdue rates to be charge on allotment\n(1) If rates imposed on an allotment are not paid by the due date, the\nrates become a charge on the allotment.\n\nPart 3 Matters relating to rates\nDivision 4 Recovery of rates\nSubdivision 4 Sale of allotment\nDarwin Waterfront Corporation Act 2006 27\n(2) However, the rates do not become a charge if the registered owner\nof the allotment is not a ratepayer who is liable for the rates that are\nin arrears.\n62 Registration of charge\n(1) If rates imposed on an allotment are a charge on the allotment and\nhave been in arrears for at least 6 months, the Corporation may\napply to the Registrar-General for registration of the charge.\n(2) The Registrar-General must, on payment of the appropriate fee by\nthe Corporation:\n(a) register the charge as an overriding statutory charge; and\n(b) notify all persons with a registered interest in or over the\nallotment of the registration of the charge.\n(3) Failure to give notice of the registration of the overriding statutory\ncharge under subsection (2)(b) does not invalidate the registration\nof the charge.\n(4) The Registrar-General must, on payment of the appropriate fee,\ncancel the registration of the overriding statutory charge if the\nCorporation applies for the cancellation.\n(5) The Corporation must apply for the cancellation if the liability to\nwhich the overriding statutory charge relates is fully satisfied, and\nmay apply for the cancellation for any other reason.\n63 Effect of registered charge\nWhile a charge is registered as an overriding statutory charge\nunder this Subdivision, it has priority over all other registered and\nunregistered mortgages, charges and encumbrances except a\npreviously registered overriding statutory charge.\nSubdivision 4 Sale of allotment\n64 Power to sell allotment for non-payment of rates\nThe Corporation may sell an allotment if:\n(a) rates imposed on the allotment have been in arrears for at\nleast 3 years; and\n(b) an overriding statutory charge securing liability for the rates is\nregistered over the allotment and has been registered for at\nleast 6 months.\n\nPart 3 Matters relating to rates\nDivision 4 Recovery of rates\nSubdivision 4 Sale of allotment\nDarwin Waterfront Corporation Act 2006 28\n65 Pre-conditions of sale\n(1) Before selling an allotment for non-payment of rates, the\nCorporation must give notice to the principal ratepayer for the\nallotment at the address recorded in the assessment record.\n(2) The notice must:\n(a) state the period for which rates have been in arrears; and\n(b) state the amount of rates currently outstanding on the\nallotment; and\n(c) warn that if that amount is not paid in full within a stated period\n(which must not be less than 30 days) after the date of the\nnotice, the Corporation will sell the allotment for non-payment\nof rates.\n(3) A copy of the notice must be given to:\n(a) any other person with a registered interest in the allotment;\nand\n(b) if the allotment is held from the Territory under a lease – the\nMinister administering the legislation under which the lease\nwas granted.\n(4) If the whereabouts of a person to whom a notice (or copy) is\nrequired to be given is, after reasonable inquiries, not ascertained\nby the Corporation, the notice may be given by:\n(a) publishing it in a newspaper circulating generally throughout\nthe Territory; and\n(b) leaving a copy of the notice in a conspicuous place at the\nallotment.\n66 Sale of allotment\n(1) If the outstanding rates for an allotment are not paid within the\nperiod allowed by a notice given under section 65, the Corporation\nmay sell the allotment.\n(2) The sale must be by public auction.\n(3) However, if the allotment is held from the Territory under a lease,\nthe sale must be made as approved by the Minister administering\nthe legislation under which the lease was granted.\n\nPart 3 Matters relating to rates\nDivision 4 Recovery of rates\nSubdivision 4 Sale of allotment\nDarwin Waterfront Corporation Act 2006 29\n(4) A public auction must be advertised:\n(a) on the Corporation's website; and\n(b) on at least 2 separate occasions in a newspaper circulating\ngenerally throughout the Territory.\n(5) If, before the date of the sale, the outstanding rates (including costs\nincurred by the Corporation with a view to sale of the allotment) are\npaid, the Corporation must call off the sale.\n(6) If an auction fails, the Corporation may sell the allotment by private\ncontract for the best price that it can reasonably obtain.\n(7) If the Corporation sells an allotment under this section, the\nCorporation may execute a conveyance of the allotment under its\ncommon seal.\n(8) On registration of the conveyance, title to the allotment vests in the\npurchaser freed and discharged from all mortgages, charges and\nencumbrances securing the payment of money.\n67 Proceeds of sale\n(1) The Corporation must apply the proceeds of the sale of an\nallotment under this Subdivision as follows:\n(a) firstly, in the payment of the costs incurred in selling the\nallotment;\n(b) secondly, in the payment of all liabilities secured on the\nallotment (including the liability to the Corporation) in the order\nof their priority;\n(c) thirdly, in payment to the registered owner of the allotment.\n(2) If the Corporation fails, after reasonable inquiry, to discover the\nidentity or whereabouts of a person entitled to payment under this\nsection, the Corporation may make the payment to the Public\nTrustee as unclaimed property.\n(3) A payment made to the Public Trustee under subsection (2) vests\nin the Public Trustee as mentioned in section 59A of the Public\nTrustee Act 1979.\n\nPart 3 Matters relating to rates\nDivision 5 Review and appeal\nDarwin Waterfront Corporation Act 2006 30\nDivision 5 Review and appeal\n68 Right to apply for review\n(1) A person who is adversely affected by a decision mentioned in\nsection 47(5) may, within 14 days after the date of the decision,\napply to the CEO for a review of the decision.\n(2) The application must:\n(a) be in writing; and\n(b) set out in detail the grounds on which the decision should, in\nthe applicant's opinion, be reconsidered.\n(3) The CEO may extend the period allowed for making an application\nunder subsection (1) if the CEO is satisfied there are exceptional\ncircumstances justifying the extension.\n69 Consideration of application by administrative review\ncommittee\n(1) The CEO must, on receiving an application under section 68, refer\nthe application to a committee established by the Corporation for\ninquiring into such applications (an administrative review\ncommittee).\n(2) The administrative review committee may summarily reject the\napplication if satisfied the application is frivolous, vexatious or\nlacking in substance.\n(3) If it does not reject the application, the administrative review\ncommittee must:\n(a) inquire into the matters raised by the application; and\n(b) recommend to the Corporation that the Corporation does one\nof the following:\n(i) confirm the decision under review;\n(ii) amend the decision under review;\n(iii) revoke the decision under review;\n(iv) make a further decision to mitigate the effect of the\ndecision under review.\n\nPart 4 Miscellaneous matters\nDarwin Waterfront Corporation Act 2006 31\n70 Corporation's decision on recommendation and appeal\n(1) After receiving a recommendation from an administrative review\ncommittee, the Corporation must make a final decision on an\napplication under section 68.\n(2) The decision need not be consistent with the administrative review\ncommittee's recommendation.\n(3) The CEO must give a decision notice to the applicant without delay\nafter the Corporation makes a final decision on the application,\nsetting out:\n(a) the final decision and the reasons for it; and\n(b) the right the applicant has, under this or another Act, to apply\nfor a review of the decision to the Civil and Administrative\nTribunal.\n. (4) A person to whom a decision notice has been given under\nsubsection (3) may apply to the Civil and Administrative Tribunal for\nreview of the decision.\nPart 4 Miscellaneous matters\n71 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n72 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may:\n(a) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations; and\n\nPart 5 Transitional matter for Darwin Waterfront Corporation Amendment Act 2012\nDarwin Waterfront Corporation Act 2006 32\n(b) provide for an offence against this Act to be a regulatory\noffence; and\n(c) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time.\nPart 5 Transitional matter for Darwin Waterfront\nCorporation Amendment Act 2012\n73 Rates imposed before commencement\n(1) The amended Act continues to apply in relation to rates imposed by\nthe Corporation before 1 July 2012, and to matters in relation to\nthose rates dealt with in the amended Act, as if Part 2 of the Darwin\nWaterfront Corporation Amendment Act 2012 had not commenced.\n(2) In this section:\namended Act means the Darwin Waterfront Corporation Act 2006\nas in force immediately before 1 July 2012.\n\nENDNOTES\nDarwin Waterfront Corporation Act 2006 33\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDarwin Waterfront Corporation Act 2006 (Act No. 25, 2006)\nAssent date 19 September 2006\nCommenced 19 September 2006\nDarwin Waterfront Corporation Amendment Act 2008 (Act No. 1, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nDarwin Waterfront Corporation Amendment Act 2012 (Act No. 10, 2012)\nAssent date 27 April 2012\nCommenced 1 July 2012 (s 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nLocal Government Legislation Amendment Act 2015 (Act No. 8, 2015)\nAssent date 23 April 2015\nCommenced pt 4, div 3: 17 February 2016 (Gaz G7, 17 February 2016,\np 2); rem: 23 April 2015 (s 2)\n\nENDNOTES\nDarwin Waterfront Corporation Act 2006 34\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 15, 18, 37, 38, 41, 52\nand 67.\n4 LIST OF AMENDMENTS\ns 3 amd No. 28, 2008, s 8; No. 10, 2012, s 4; No. 19, 2014, s 26\ns 5A ins No. 10, 2012, s 5\ns 12 amd No. 1, 2008, s 3\ns 13 amd No. 1, 2008, s 4\ns 15 amd No. 28, 2008, s 9; No. 14, 2009, s 129; No. 10, 2012, s 6; No. 39, 2019,\ns 370\ns 18 amd No. 1, 2008, s 5\ns 19 amd No. 28, 2008, s 10; No. 19, 2014, s 26\ns 26 amd No. 10, 2012, s 7\ns 27 amd No. 10, 2012, s 8\npt 3 hdg ins No. 10, 2012, s 11\npt 3\ndiv 1 hdg ins No. 10, 2012, s 11\ns 38 ins No. 10, 2012, s 11\npt 3\ndiv 2 hdg ins No. 10, 2012, s 11\nss 39 – 47 ins No. 10, 2012, s 11\npt 3\ndiv 3 hdg ins No. 10, 2012, s 11\nss 48 – 51 ins No. 10, 2012, s 11\ns 52 ins No. 10, 2012, s 11\namd No. 39, 2019, s 370\nss 53 – 57 ins No. 10, 2012, s 11\npt 3\ndiv 4 hdg ins No. 10, 2012, s 11\npt 3\ndiv 4\nsdiv 1 hdg ins No. 10, 2012, s 11\ns 58 ins No. 10, 2012, s 11\n\nENDNOTES\nDarwin Waterfront Corporation Act 2006 35\npt 3\ndiv 4\nsdiv 2 hdg ins No. 10, 2012, s 11\ns 59 ins No. 10, 2012, s 11\npt 3\ndiv 4\nsdiv 3 hdg ins No. 10, 2012, s 11\nss 60 – 63 ins No. 10, 2012, s 11\npt 3\ndiv 4\nsdiv 4 hdg ins No. 10, 2012, s 11\nss 64 – 67 ins No. 10, 2012, s 11pt 3\ndiv 5 hdg ins No. 10, 2012, s 11\nss 68 – 69 ins No. 10, 2012, s 11\ns 70 ins No. 10, 2012, s 11\namd No. 8, 2015, s 80\npt 4 hdg renum No. 10, 2012, s 9\ns 71 ins No. 10, 2012, s 12\ns 72 renum No. 10, 2012, s 10\npt 5 hdg ins No. 10, 2012, s 13\ns 73 ins No. 10, 2012, s 13","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope was materially expanded after its initial enactment. The original instrument created a corporate vehicle to develop and manage the Precinct. Subsequent amendments—particularly the Darwin Waterfront Corporation Amendment Act 2012—added a full municipal-style rating, billing and enforcement regime (Part 3, ss 38–70), gave the Corporation explicit municipal service duties (s 13) and clarified revenue uses (s 27). Other amendments and later alignment with the Local Government Act and unit-title legislation increased cross‑statutory interaction (see ss 15, 31 and definitions incorporating Unit Titles/Unit Title Schemes Acts). These changes extended the Corporation's role from a developer/manager to an entity with taxation-like powers over precinct land, additional regulatory powers (by-laws, fines) and statutory recovery powers (charges and sale for arrears)."},"complexity_factors":["Multiple defined-term sections (s 3 and Part 3 definitions) with cross-references to Unit Titles Act, Unit Title Schemes Act, Land Title Act and Planning Act","Part 3 (rates) is lengthy and subdivided into many procedural steps (ss 38–70) including assessment, notice, instalments, interest, registration of charge and sale procedures","Several approval gates and limits creating conditional logic (Minister approval for property transactions s 21; Treasurer approval for borrowing/investing s 29; specified rate limits before 2020 in s 15)","Nested exceptions and exclusions (Commonwealth land, corporation-owned land exemptions, lessee exceptions) (ss 39–41, 18)","Cross-application of external regimes and statutes (Corporations Act obligations applied by s 31; references to Local Government Act interest rate; Unit Titles and Land Title Acts)","Discretionary powers with policy constraints (rate concessions under ss 54–57 require a Corporation policy for some concessions)","Multiple enforcement tracks and remedies (debt recovery in court s 59; statutory charge registration ss 61–63; sale for arrears ss 64–67) with priority rules (s 63)","Delegations, committees and internal review processes add procedural layers (ss 11, 35, 68–70)","By-law power that can incorporate other instruments and impose regulatory offences plus monetary penalties (s 19)"],"plain_english_summary":"**What this law does (in simple terms)**\n\n- Establishes the Darwin Waterfront Corporation (the Corporation), a corporate body to develop, manage, operate and provide services in the Darwin Waterfront Precinct (the Precinct) (ss 5, 12).  \n- Gives the Corporation powers to run municipal-style services in the Precinct (sanitation, roads, parks, stormwater, street lighting, maintenance of water features etc.) (s 13).  \n- Gives the Corporation commercial and regulatory powers necessary to carry out its role: to own and deal with land and property, enter contracts, make by-laws, grant permits, borrow and invest (subject to Treasurer approval in some cases), employ staff, and enter arrangements with others such as Darwin City Council (ss 5–6, 9, 12, 14, 19, 23, 29).  \n- Creates revenue tools for the Corporation: it may charge rates on land in the Precinct, impose a levy for promotional activities on prescribed persons, and charge fees for services (ss 15–17). Money raised for specific purposes must be used for those purposes (s 27).  \n- Sets out how rates are declared, billed, collected and enforced (assessment records, notices, instalments, interest on overdue rates, registration of charges, and ultimately sale of land after long arrears) (Pt 3, ss 38–67).  \n- Requires public accountability: a public office, annual report, audited financial statements and compliance with accounting/reporting obligations that apply to public companies (ss 5A, 30–32).  \n\n**Who is affected**\n\n- Property owners, lessees and occupiers in the Darwin Waterfront Precinct — they can be rated, charged levies, and may be liable for fees (ss 15–17, 43–46).  \n- The Corporation's members, staff and contractors — who exercise powers, manage services, and face statutory protections and duties (ss 6, 9, 23, 34, 36).  \n- The Territory government — retains control levers: appointing members and CEO, giving directions, approving major property transactions, and requiring Treasurer approval for certain financial commitments (ss 6, 9, 20, 21, 29).  \n- Third parties using or operating in the Precinct (businesses, event promoters, visitors) — subject to by-laws, permits and access controls made by the Corporation (s 19).  \n\n**How it works mechanically (key steps and rules)**\n\n- Establishment and governance: Minister appoints 3–7 members; a chair is chosen; CEO is appointed on the Corporation's recommendation and runs operations under Corporation directions (ss 6, 9).  \n- Functions and powers: set out in s 12 and expanded in s 14; includes development, management, promotional activities, construction oversight, municipal services and advisory roles. The Corporation may contract out functions or arrange for Darwin City Council (or others) to perform functions for it (s 12(3)–(3A)).  \n- Revenue rules: rates are authorised (s 15). Levies for promotion may be imposed on prescribed persons (s 16). Fees for services may be charged (s 17). Money raised for rates, levies or fees must be used for municipal services, promotional activities, or the relevant service (s 27(2)–(4)).  \n- Rating mechanics and enforcement: the Corporation keeps an assessment record (s 45), issues rates notices (s 49), can charge interest on overdue rates (s 52), register an overriding statutory charge on allotments after arrears (ss 61–63), and—after lengthy arrears and required notices—sell allotments by public auction (ss 64–66). There are internal review steps and appeal rights to the Tribunal (ss 68–70).  \n- Limits and approvals: the Corporation must get Minister approval to acquire/dispose of real property (s 21) and Treasurer approval for borrowing/lending/raising/ investing in classes beyond any specified exceptions (s 29). Minister may direct the Corporation and the Corporation must comply (s 20).  \n- Regulatory powers: by-laws can regulate use of the Precinct, set fines up to 200 penalty units, incorporate other instruments, and create regulatory offences (s 19).  \n\n**Why the law matters (claimed purpose, and the concrete trade-offs and incentives)**\n\n- Claimed purpose: the Act creates a specialist corporate vehicle to develop, promote and operate the Darwin Waterfront as a residential, business and event precinct (s 2; s 12(1)(c)).  \n\n- Concrete effects and incentives:\n  - Who pays: ratepayers, levied persons and fee payers within the Precinct fund municipal services, promotion and specific services (ss 15–17, 27).  \n  - Who decides: the Corporation (its members and CEO) runs day-to-day decisions; the Minister and Treasurer retain strategic controls through appointments, directions and approvals (ss 6, 9, 20, 21, 29).  \n  - Behaviour change by private actors: property owners/occupiers face new billing, compliance and potential enforcement steps (assessment records, notices, possible charges and sale for arrears) (Pt 3). Businesses and event operators must follow by-laws and permit regimes (s 19).  \n\n- Trade-offs and costs to note:\n  - Concentrated benefits vs diffuse costs: landowners and businesses within the Precinct gain tailored services and promotional activity, while those same parties also bear the direct costs through rates/levies/fees (ss 15–17).  \n  - Public control vs operational flexibility: the Corporation has wide powers to act commercially (s 14) but significant financial limits—Treasurer approval for key transactions—and Ministerial directions create political oversight (ss 20, 29).  \n  - Compliance and administrative burden: maintaining assessment records, notices, audits, by-law regimes and enforcement pathways creates administrative cost (ss 30, 32, 45, 49, 19).  \n  - Risk of discretionary concessions and regulatory discretion: the Corporation can grant rate concessions (ss 54–57) and make by-laws (s 19) — useful for targeted policy but creating discretion that needs transparent governance to avoid preferential treatment.  \n  - Property security and financing impacts: rates can become overriding statutory charges and, after long arrears, trigger registration and sale of property (ss 61–67). That affects mortgagee priority and could influence financing terms for property in the Precinct (s 63).  \n\n**Implementation risks and opportunities**\n\n- Implementation risk: correctly applying the rating regime (assessment records, notice rules, registration and sale procedures) and coordinating with existing local government laws and unit-title regimes requires careful administration and cross-referencing to other legislation (Pt 3, ss 38–47, refs to Unit Titles and Land Title Acts).  \n- Opportunity: a focused body can deliver precinct-specific services and promotion funded by those who benefit (ss 12, 13, 16, 27), provided governance and financial controls (annual reporting, Treasurer oversight, Auditor-General audit) are observed (ss 29–32).  \n\n**Key statutory citations (examples)**\n- Establishment and powers: ss 5, 12, 14.  \n- Municipal services: s 13.  \n- Rates, levies and fees: ss 15–17, 27.  \n- Minister/Treasurer control: ss 20, 21, 29.  \n- Rating enforcement, charge and sale: ss 61–67.  \n- Accountability and audit: ss 30–32.\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2006 Act established the Corporation primarily as a development and management body. The 2012 Amendment Act significantly expanded the scope by inserting the entire Part 3 (sections 38-70) — a comprehensive 33-section rating system that effectively transforms the Corporation into a local government authority with rate-levying powers comparable to a municipal council. This represents a major expansion from the original development-focused mandate to include ongoing municipal governance functions including rate collection, debt recovery through property sales, and administrative review tribunals."},"complexity_factors":["Extensive cross-referencing with other NT legislation including the Local Government Act 2019, Unit Titles Act 1975, Unit Title Schemes Act 2009, Land Title Act 2000, Planning Act 1999, and Corporations Act 2001 (Cth)","Detailed rating system in Part 3 with 33 sections covering assessment records, ratepayer designations, recovery mechanisms including statutory charges and forced sales, and administrative review processes","Multiple nested conditions in the rating provisions — e.g., section 15 contains time-limited restrictions (before end of 2020), dual rate types, percentage caps (20% limit), and exemptions referencing other Acts","Complex property law concepts including: overriding statutory charges (priority over mortgages), joint and several liability for ratepayers, apportionment of rates for partial years, and distinctions between nominal owners, registered owners, principal ratepayers, and occupiers","Dual governance structure — Corporation operates as both a property developer and a municipal service provider, with different financial restrictions applying to different revenue streams (rates vs promotional levies vs fees)","Transitional provisions preserving pre-2012 rating arrangements while operating under new legislative framework"],"plain_english_summary":"The Act creates the Darwin Waterfront Corporation, a government-owned company to manage and develop the Darwin Waterfront Precinct — providing municipal services (waste, roads, lighting, lagoon), managing land and buildings, making by-laws, levying rates and promotional levies, and borrowing with Treasurer approval.\n\nIt affects precinct property owners/tenants (rates), businesses (levies), and visitors (by-laws), and places the Corporation under Ministerial oversight and audit. It establishes a powerful, accountable \"city within a city\" model."}},"importantCases":[],"_links":{"self":"/api/acts/darwin-waterfront-corporation-act-2006","history":"/api/acts/darwin-waterfront-corporation-act-2006/history","analysis":"/api/acts/darwin-waterfront-corporation-act-2006/analysis","conflicts":"/api/acts/darwin-waterfront-corporation-act-2006/conflicts","importantCases":"/api/acts/darwin-waterfront-corporation-act-2006/important-cases","documents":"/api/acts/darwin-waterfront-corporation-act-2006/documents"}}