{"id":"land-development-corporation-act-2003","name":"Land Development Corporation Act 2003","slug":"land-development-corporation-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30215,"registerId":"nt-land-development-corporation-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Land Development Corporation Act 2003","content":"NORTHERN TERRITORY OF AUSTRALIA\nLAND DEVELOPMENT CORPORATION ACT 2003\nAs in force at 13 November 2014\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3A Application of Criminal Code ........................................................... 3\nPart 2 Land Development Corporation\n4 Establishment of Corporation .......................................................... 3\n5 Composition of Corporation ............................................................. 3\n6 Functions of Corporation ................................................................. 3\n7 Powers of Corporation ..................................................................... 4\n8 Minister may give Corporation directions......................................... 5\n9 Corporation to take commercial approach ....................................... 5\n10 Corporation an Agency .................................................................... 6\n11 Corporation excluded matter under Corporations Act 2001 ............. 6\n12 Delegation ....................................................................................... 6\nPart 3 Advisory Board\nDivision 1 Establishment and membership of Board\n13 Establishment of Advisory Board ..................................................... 7\n14 Function of Board ............................................................................ 7\n15 Duration of appointment of ordinary member .................................. 7\n16 Vacation of office of ordinary member ............................................. 7\n17 Termination of appointment of ordinary member ............................. 7\n22 Disclosure of interests by members................................................. 8\nDivision 2 Procedures of Board\n23 Convening of members of Board ..................................................... 9\n24 Meetings of Board ........................................................................... 9\n25 Procedure of Board ......................................................................... 9\nPart 4 Property, finance and reports\n26 Certain property vests in Corporation .............................................. 9\n27 Acquisition of estates in fee simple in Crown land by\nCorporation .................................................................................... 10\n\nLand Development Corporation Act 2003 ii\n28 Money of Corporation .................................................................... 10\n29 Proper accounts to be kept etc. ..................................................... 10\n30 Corporation to report to Minister regarding financial position of\nCorporation .................................................................................... 11\n31 Provision of financial information to Treasurer............................... 12\n32 Annual report of Corporation ......................................................... 12\nPart 5 By-laws\n33 Power to make by-laws ................................................................. 12\n34 Subject matter of by-laws .............................................................. 12\n35 Application of by-laws .................................................................... 13\n36 Recovery of penalties imposed under by-laws .............................. 14\n37 Section 57 of Interpretation Act 1978 does not apply to by-\nlaws ............................................................................................... 14\n38 Proof of by-laws and suspension of by-laws .................................. 14\nPart 6 Miscellaneous\n39 Appointment of staff ....................................................................... 14\n40 Civil penalties ................................................................................ 15\n41 Validity of procedures and actions of Corporation ......................... 15\n42 Protection from liability .................................................................. 15\n43 Form and execution of documents by Corporation ........................ 16\n44 Regulations.................................................................................... 16\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 November 2014\n____________________\nLAND DEVELOPMENT CORPORATION ACT 2003\nAn Act to establish a statutory corporation to develop and manage land\nfor use by new and existing industries in the Territory, for use for\nresidential developments and for associated activities, and for related\npurposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Land Development Corporation\nAct 2003.\n2 Commencement\nThis Act comes into operation on 1 July 2003.\n3 Definitions\nIn this Act:\nBoard means an Advisory Board established under section 13.\nChief Executive Officer, see section 3(1) of the Public Sector\nEmployment and Management Act 1993.\nco-development land means:\n(a) land declared as co-development land in an agreement\nbetween the Corporation and a person who:\n(i) owns or leases the land; or\n(ii) is a mortgagee in possession of the land; or\n(iii) occupies the land under a licence; or\n(b) land declared under the regulations as co-development land.\n\nPart 1 Preliminary\nLand Development Corporation Act 2003 2\ncommunity amenities, areas or facilities includes health care\nfacilities, child care facilities, aged care facilities, parks, open\nspaces, community centres, civic centres, halls, libraries, sporting\nfacilities and transport facilities.\nCorporation means the Land Development Corporation\nestablished under section 4.\nCorporation land means land owned or leased by, occupied under\na licence by, vested in or otherwise acquired by or under the control\nor management of the Corporation.\nindustrial businesses includes other businesses usually\nassociated with providing goods or services to industrial businesses\nor persons who work at or visit industrial businesses.\nland includes:\n(a) rivers, creeks, streams, watercourses, channels, lakes and\nlagoons on land; and\n(b) inland and coastal waters.\nmember, in relation to a Board, means the person appointed to be\nthe Corporation or an ordinary member of the Board.\nordinary member means a member who is not the person\nappointed to be the Corporation under section 5(2).\nproject land means Corporation land or co-development land.\nresidential developments means:\n(a) developments of residential accommodation of any kind; or\n(b) developments of any of the following to the extent they are\nassociated with developments mentioned in paragraph (a):\n(i) community amenities, areas or facilities;\n(ii) commercial or retail areas or facilities.\nExamples for paragraph (b)\n1 A shopping precinct on the ground floor of a large apartment building.\n2 A free standing gymnasium and a swimming pool in a suburban development\nof single dwellings.\nstaff means the persons who are employed or engaged by the\nCorporation.\n\nPart 2 Land Development Corporation\nLand Development Corporation Act 2003 3\nvehicle means any means of transport whether self propelled or\nnot and whether used on land or sea or in the air.\n3A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Land Development Corporation\n4 Establishment of Corporation\n(1) The Land Development Corporation is established.\n(2) The Corporation:\n(a) is a corporation sole;\n(b) has a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property\nand of suing and being sued.\n(3) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the Corporation affixed to a document\nand are to assume that it was duly affixed.\n5 Composition of Corporation\n(1) The Corporation consists of a Chief Executive Officer.\n(2) The Minister must, in writing, appoint a Chief Executive Officer to\nbe the Corporation.\n6 Functions of Corporation\nThe functions of the Corporation are:\n(a) to develop and promote project land for use by industrial\nbusinesses; and\n(b) to develop and promote project land for use for residential\ndevelopments; and\n\nPart 2 Land Development Corporation\nLand Development Corporation Act 2003 4\n(c) to undertake residential developments on project land; and\n(d) to provide services, facilities and general assistance to\nfacilitate:\n(i) the establishment and conduct of industry on project\nland; and\n(ii) the use of project land for residential developments; and\n(e) to carry out or facilitate other activities associated with the\ndevelopment, management or use of project land.\n7 Powers of Corporation\n(1) Subject to this Act or an instrument of a legislative or administrative\ncharacter made under this Act, the Corporation has power to do all\nthings that are necessary or convenient to be done for or in\nconnection with or incidental to the performance of its functions.\n(2) In particular, the Corporation has power to:\n(a) negotiate and enter into contracts, agreements, schemes and\narrangements; and\n(aa) form partnerships and enter into joint ventures and other\narrangements for sharing profits; and\n(ab) borrow money or raise money otherwise than by borrowing\n(including from outside the Territory or Australia); and\n(b) purchase, lease or otherwise acquire and hold real or personal\nproperty; and\n(c) sell, grant leases of or otherwise dispose of real or personal\nproperty; and\n(d) acquire, hold and dispose of rights, privileges, permits,\nlicences and authorities; and\n(e) occupy, use, control and manage land or a building; and\n(f) erect buildings and construct wharves, roads, railways,\npipelines, bridges or other facilities; and\n(fa) erect and construct community amenities, areas or facilities;\nand\n(g) purchase, lease or hire plant, machinery, equipment or other\nthings for the purpose of conducting its functions; and\n\nPart 2 Land Development Corporation\nLand Development Corporation Act 2003 5\n(h) impose and collect fees and charges for or in respect of use of\nCorporation land or a facility on that land; and\n(i) accept, hold and enforce undertakings, indemnities, bonds or\nsecurities protecting it against loss; and\n(j) regulate and prohibit the conduct of persons on its land and\nset the conditions on which persons may enter or be excluded\nfrom a part or parts of Corporation land; and\n(k) regulate and prohibit the presence, use and removal of\nvehicles and animals on Corporation land or a part of the land;\nand\n(l) employ or engage staff, engage consultants and appoint\nagents and attorneys; and\n(m) charge for work, services, goods and information done,\nsupplied or published by the Corporation and for admission on\nto Corporation land; and\n(n) perform any other functions imposed on it under this Act.\n(3) The Corporation may exercise a power involving it doing either of\nthe following only if it has the written approval of the Treasurer to do\nso:\n(a) forming a partnership, or entering into a joint venture or other\narrangement for sharing profits;\n(b) borrowing money or raising money otherwise than by\nborrowing.\n8 Minister may give Corporation directions\n(1) In performing its functions and exercising its powers, the\nCorporation is subject to the directions of the Minister.\n(2) The Minister must lay before the Legislative Assembly a copy of a\ndirection given under subsection (1) within 6 sitting days of the\nAssembly after giving the direction.\n(3) A copy of a direction given under subsection (1) in a financial year\nis to be included in the Corporation's report for the year prepared\nunder section 32.\n9 Corporation to take commercial approach\n(1) Subject to this Act, the Corporation must act in a commercial\nmanner.\n\nPart 2 Land Development Corporation\nLand Development Corporation Act 2003 6\n(2) The Minister may direct the Corporation under section 8 to act in a\nmanner other than a commercial manner.\n(3) If the Minister directs the Corporation to act in a manner that is not\ncommercial, the Minister must specify in the direction the manner in\nwhich the Corporation must act.\n10 Corporation an Agency\n(1) The Corporation is an Agency for the purposes of the Public Sector\nEmployment and Management Act 1993 and the Financial\nManagement Act 1995.\n(2) Subsection (1) applies whether or not the Corporation is nominated\nin the Administrative Arrangements Order as an Agency for the\npurposes of either the Public Sector Employment and Management\nAct 1993 or the Financial Management Act 1995 or for the\npurposes of both of those Acts.\n(3) The person appointed to be the Corporation under section 5:\n(a) is the Chief Executive Officer of the Corporation; and\n(b) is the accountable officer within the meaning of the Financial\nManagement Act 1995 of the Corporation.\n11 Corporation excluded matter under Corporations Act 2001\nThe Corporation is declared to be an excluded matter for the\npurposes of section 5F of the Corporations Act 2001 in relation to\nthe whole of the Corporations legislation.\n12 Delegation\n(1) The Corporation may, in writing, delegate to a person or body any\nof its powers or functions under this Act, other than this power of\ndelegation.\n(2) If the Corporation delegates to a body and there is a change in the\nmembership of the body, the delegation continues in force as a\ndelegation of the power or function to the body as newly constituted\nunless the Corporation expressly revokes or varies the instrument\nof delegation.\n\nPart 3 Advisory Board\nDivision 1 Establishment and membership of Board\nLand Development Corporation Act 2003 7\nPart 3 Advisory Board\nDivision 1 Establishment and membership of Board\n13 Establishment of Advisory Board\n(1) The Minister may establish an Advisory Board to perform the\nfunctions mentioned in section 14.\n(2) A Board consists of the person appointed to be the Corporation and\nnot more than 4 ordinary members appointed by the Minister.\n14 Function of Board\nThe function of a Board is to advise the Corporation on any matter\nrelating to the activities of the Corporation that the Minister or the\nCorporation refers to the Board.\n15 Duration of appointment of ordinary member\n(1) An ordinary member holds office for the period specified in the\ninstrument of appointment of the member.\n(2) An ordinary member is eligible for re-appointment.\n16 Vacation of office of ordinary member\nA person ceases to be an ordinary member if:\n(a) the person's term of office expires and the person is not\nre-appointed; or\n(b) the person resigns by giving written notice to the Minister.\n17 Termination of appointment of ordinary member\n(1) The Minister may terminate the appointment of an ordinary member\non the grounds of inability, inefficiency, misbehaviour or physical or\nmental incapacity.\n(2) The Minister must terminate the appointment of an ordinary\nmember if the member knowingly contravenes section 22.\n\nPart 3 Advisory Board\nDivision 1 Establishment and membership of Board\nLand Development Corporation Act 2003 8\n(3) An ordinary member's appointment terminates on either of the\nfollowing occurring:\n(a) the member becomes bankrupt, applies to take the benefit of\na law for the relief of bankrupt or insolvent debtors,\ncompounds with creditors or makes an assignment of the\nmember's remuneration for their benefit;\n(b) the member is found guilty:\n(i) by a court in the Territory of an offence punishable by\nimprisonment for 12 months or more; or\n(ii) by a court outside the Territory of an offence which, if\ncommitted against a law in force in the Territory, would\nbe an offence punishable by imprisonment for 12 months\nor more.\n(4) A termination of an appointment under subsection (1) or (2) must\nbe in writing and a copy must be given to the member.\n22 Disclosure of interests by members\n(1) If a member has a direct or indirect interest in a matter being\nconsidered, or about to be considered, by a Board, the member\nmust disclose the nature of the interest to a meeting of the Board as\nsoon as practicable after the relevant facts come to the member's\nknowledge.\n(2) The disclosure is to be recorded in the Board's minutes.\n(3) Subject to a resolution of the Board to the contrary, a member who\nhas made a disclosure under subsection (1):\n(a) must not, while the member has the interest, take part in any\ndeliberation or decision of the Board relating to the matter in\nwhich the member has the interest; and\n(b) is to be disregarded for the purpose of constituting the quorum\nof the Board for the purpose of any deliberation or decision of\nthe Board relating to the matter in which the member has the\ninterest.\n(4) The resolution of the Board to the contrary is to be deliberated and\nvoted on in the absence of the member.\n\nPart 4 Property, finance and reports\nLand Development Corporation Act 2003 9\nDivision 2 Procedures of Board\n23 Convening of members of Board\n(1) The members of a Board must meet as often as is necessary to\nperform its functions.\n(2) The Minister may, in writing, direct a Board to meet.\n24 Meetings of Board\n(1) The person appointed to be the Corporation or, in that person's\nabsence, the ordinary member elected by the ordinary members\npresent from amongst their number, must preside at a meeting of a\nBoard.\n(2) Each member present at a meeting has one vote.\n(3) Questions arising at a meeting of the Board are to be determined\nby a majority of the votes of the members present and, in the event\nof an equality of votes, the person presiding over the meeting has a\ncasting vote.\n(4) At a meeting of the Board, the number of members that is equal to\nhalf of the members plus one constitutes a quorum.\n25 Procedure of Board\n(1) Unless otherwise prescribed, the procedures of the Board are to be\ndetermined by a Board.\n(2) The Board must keep a record of all its meetings and other\nproceedings.\nPart 4 Property, finance and reports\n26 Certain property vests in Corporation\n(1) On the commencement of this Act, all estates and interests in\nproperty, real and personal, and rights held by the Trade\nDevelopment Zone Authority within the meaning of the Trade\nDevelopment Zone Act 1985 immediately before the\ncommencement of this Act vest in the Corporation, subject to any\nliabilities, charges, obligations, conditions, terms or trusts affecting\nthe estates or interests.\n\nPart 4 Property, finance and reports\nLand Development Corporation Act 2003 10\n(2) On the commencement of this Act, all levies, fees, charges,\ninterest, debts or money payable to and recoverable by the Trade\nDevelopment Zone Authority become payable to and recoverable\nby the Corporation.\n27 Acquisition of estates in fee simple in Crown land by\nCorporation\n(1) The Corporation may be granted an estate in fee simple in Crown\nland, or a lease of Crown land, under the Crown Lands Act 1992.\n(2) If the Corporation is granted land in accordance with subsection (1),\nthe Minister must give notice of the grant by notice in the Gazette.\n28 Money of Corporation\n(1) The money of the Corporation consists of:\n(a) money that is appropriated for its purposes;\n(b) money received as grants;\n(c) money received in performing its functions and exercising its\npowers; and\n(d) any other money that from time to time becomes available for\nuse by the Corporation.\n(2) The money of the Corporation is only to be applied for the purposes\nof the Corporation.\n29 Proper accounts to be kept etc.\nThe Corporation must ensure that:\n(a) proper accounts and records of the transactions and affairs of\nthe Corporation are kept;\n(b) there are adequate controls over the incurring of liabilities of\nthe Corporation;\n(c) all payments out of the money of the Corporation are correctly\nmade and properly authorised; and\n(d) adequate control is maintained over the property of or in the\ncustody, control and management of the Corporation.\n\nPart 4 Property, finance and reports\nLand Development Corporation Act 2003 11\n30 Corporation to report to Minister regarding financial position\nof Corporation\n(1) If the Corporation:\n(a) considers that a matter is affecting its operations in such a\nway that hinders, prevents or otherwise adversely affects to a\nsignificant degree its performance of its functions or its\nfinancial position; or\n(b) expects a matter to affect its operations in such a way that will\nhinder, prevent or otherwise adversely affect to a significant\ndegree its performance of its functions or its financial position,\nthe Corporation must, as soon as practicable after becoming aware\nof the matter, inform the Minister in writing of:\n(c) the matter;\n(d) the reasons why it considers that the matter is affecting, or will\naffect, its performance or its financial position; and\n(e) the effect the matter is having, or the likely effect the matter\nwill have, on its performance or its financial position.\n(2) The Corporation must, in writing, report to the Minister in respect of\neach financial year or other reporting period determined by the\nMinister about its financial performance during that period and its\nexpected financial performance during the next 2 reporting periods.\n(3) The report under subsection (2) is to at least:\n(a) specify the financial performance targets of the Corporation for\nthe reporting period, identify the targets the Corporation\nachieved and the targets it exceeded, identify the targets it did\nnot achieve and specify the reasons why it did not achieve\nthem;\n(b) detail the financial performance objectives of the Corporation\nfor the next 2 reporting periods and include details of:\n(i) the projected nature and scope of its activities for those\nperiods, including material contracts and terms and\nconditions of any lease or sale or purchase of real\nproperty;\n(ii) its financial projections for those periods; and\n(iii) the likely financial risks for the Corporation and its\nstrategies to minimise the risks; and\n\nPart 5 By-laws\nLand Development Corporation Act 2003 12\n(c) contain any other information the Minister requires.\n(4) The Corporation must give the report under subsection (2) to the\nMinister within 3 months after the end of the reporting period it\nrefers to.\n31 Provision of financial information to Treasurer\n(1) The Treasurer may at any time request the Corporation to provide\nthe Treasurer with the information that the Treasurer considers will\nenable him or her to accurately assess the financial affairs of the\nCorporation.\n(2) The Corporation must comply with the Treasurer's request.\n32 Annual report of Corporation\n(1) At the end of each financial year the Corporation must prepare a\nreport on the administration of this Act and the operations of the\nCorporation during the financial year.\n(2) The report is to include a copy of any directions and reasons for\ndirections given to the Corporation, and any objections to the\ndirections made by the Corporation, under section 8 during the\nfinancial year.\n(3) The Corporation must forward a copy of the report to the Minister\nby 30 November following the end of the financial year.\n(4) The Minister must lay a copy of the report before the Legislative\nAssembly within 6 sitting days of the Legislative Assembly after\nreceiving the report.\nPart 5 By-laws\n33 Power to make by-laws\n(1) The Corporation may make by-laws relating to the management of\nCorporation land.\n(2) The Corporation may not make a by-law that is inconsistent with\nthis Act, or any other Act or any regulations, or that is unlawful.\n34 Subject matter of by-laws\n(1) The by-laws may provide for the following:\n(a) the regulation or prohibition of access to or use of Corporation\nland or buildings on the land of the Corporation;\n\nPart 5 By-laws\nLand Development Corporation Act 2003 13\n(b) the regulation or prohibition of the conduct of persons on\nCorporation land or in a building on the land;\n(c) the regulation or prohibition of the presence or use of vehicles\nor animals on Corporation land or in a building on the land and\nprovide for the removal, impounding or disposal of such\nvehicles or animals;\n(d) the regulation of vehicular or pedestrian traffic on Corporation\nland;\n(e) the parking of vehicles or the erection, form of or markings on\ntraffic signs or directions on Corporation land;\n(f) the security or general facility of the Corporation land;\n(g) penalties not exceeding 2 penalty units for offences against\nthe by-laws.\n(2) A by-law may provide for matters of regulation or prohibition, either\nabsolutely or conditionally or in relation to a class of acts, matters or\nthings or a situation or other circumstance.\n(3) A by-law may:\n(a) authorise a member of the staff or other person to do an act or\nthing (including the giving of directions by a member of the\nstaff or other person); or\n(b) provide that an act or thing is to be done with the approval of a\nmember of the staff or other person.\n35 Application of by-laws\n(1) A by-law may apply to:\n(a) the whole or a specified part of the Corporation land; or\n(b) a specified class of persons or circumstances.\n(2) The Corporation may, in the manner prescribed by the Regulations,\nsuspend the operation of a by-law:\n(a) for a specified period;\n(b) on the whole or a specified part of the land of the Corporation;\nor\n(c) in relation to a specified class of persons or circumstances.\n\nPart 6 Miscellaneous\nLand Development Corporation Act 2003 14\n36 Recovery of penalties imposed under by-laws\n(1) If a penalty is imposed on a person as a result of a prosecution for\nan offence committed against a by-law, or a penalty is payable\nunder an infringement notice in lieu of prosecution of an offence\ncommitted or allegedly committed against a by-law, the penalty may\nbe recovered by the Corporation as a debt due and payable to the\nCorporation by the person on whom it is imposed.\n(2) Subsection (1) does not affect the operation of the Fines and\nPenalties (Recovery) Act 2001.\n37 Section 57 of Interpretation Act 1978 does not apply to by-laws\nSection 57 of the Interpretation Act 1978 does not apply to the\nby-laws.\n38 Proof of by-laws and suspension of by-laws\n(1) In any proceedings, the production of:\n(a) a copy of a by-law purporting to be a true copy of the by-law\non which the Corporation's common seal is affixed and which\nis certified as a true copy of the by-law and signed by a person\nauthorised by the Corporation to do so; and\n(b) the Gazette in which notification of the making of the by-law is\npublished,\nis conclusive evidence of the by-law having been made and the\ncontents of the by-law.\n(2) In any proceedings, the production of a copy of the notice (if any)\nrequired by the Regulations to be given in relation to the\nsuspension of a by-law purporting to be a true copy of the notice on\nwhich the Corporation's common seal is affixed, and which is\ncertified as a true copy of the notice and signed by a person\nauthorised by the Corporation to do so, is conclusive evidence of\nthe suspension of the by-law.\nPart 6 Miscellaneous\n39 Appointment of staff\nIn addition to employees employed under the Public Sector\nEmployment and Management Act 1993, the Corporation may, on\nthe terms and conditions it considers appropriate, employ any other\npersons it considers necessary for the purposes of the Corporation.\n\nPart 6 Miscellaneous\nLand Development Corporation Act 2003 15\n40 Civil penalties\n(1) An agreement to which the Corporation is a party may provide that,\nif a party other than the Corporation is in breach of an obligation\nunder the agreement, that party is required to pay to the\nCorporation by way of a civil penalty for the breach the amount\ndetermined in accordance with the agreement.\n(2) The agreement may also provide that the amount of the civil\npenalty is to increase over the period during which the obligation\ncontinues by a further amount determined in accordance with the\nagreement.\n(3) A civil penalty payable under this section is a debt due to the\nCorporation by the party concerned despite the following:\n(a) that neither the Corporation or any other person (whether a\nparty to the agreement or not) suffered damage as a result of\nthe breach;\n(b) that the amount of the civil penalty is unrelated to the extent of\nany damage that the Corporation or any other person\n(whether a party to the agreement or not) may have suffered\nas a result of the breach.\n41 Validity of procedures and actions of Corporation\nA procedure of the Corporation, or an act or thing done by a\ndelegate of the Corporation, is not invalid by reason only of any of\nthe following:\n(a) a defect in the appointment of a person to be the Corporation;\n(b) a defect in a delegation by the Corporation.\n42 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) a person appointed to be the Corporation; or\n(b) a member of the staff.\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\nPart 6 Miscellaneous\nLand Development Corporation Act 2003 16\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, or the performance or purported performance of\na function, under this Act.\n(4) Subsections (2) and (3) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\n43 Form and execution of documents by Corporation\n(1) A deed, instrument, contract or agreement relating to any property\nor matter that, if made or executed by an individual, would by law\nbe required to be in writing under seal may be made on behalf of\nthe Corporation in writing under its common seal.\n(2) An instrument, contract or agreement relating to any property or\nmatter that, if made by or between individuals, would be required to\nbe in writing signed by the parties to it may be made or entered into\non behalf of the Corporation in writing by a person acting under the\nauthority, express or implied, of the Corporation.\n(3) A contract relating to any property or matter that, if made between\nindividuals, would by law be valid, although made or entered into by\nparole only and not reduced to writing, may be made on behalf of\nthe Corporation by a person acting under the authority, express or\nimplied, of the Corporation.\n(4) A contract entered into, or an instrument, contract or agreement\nsigned, in relation to any property or obligation of the Corporation is\ntaken to have been entered into or signed by the Corporation if it is\nentered into or signed by a person acting under the authority,\nexpress or implied, of the Corporation.\n44 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for the following:\n(a) the use or custody of the common seal of the Corporation;\n(b) the manner of holding or adjourning meetings of a Board;\n\nPart 6 Miscellaneous\nLand Development Corporation Act 2003 17\n(c) the manner in which the Corporation may suspend the\noperation of a by-law;\n(d) matters of liability, evidence or procedure relating to the\ncommission or prosecution of offences against the by-laws;\n(e) penalties not exceeding 100 penalty units or, if the offender is\na body corporate, 500 penalty units for offences against the\nRegulations;\n(f) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against the by-laws\nor the Regulations and the service of a notice relating to\npayment of the amount on a person alleged to have\ncommitted the offence and the particulars to be included in the\nnotice;\n(g) the designation of an offence against the Regulations or the\nby-laws as a regulatory offence.\n\nENDNOTES\nLand Development Corporation Act 2003 18\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\nLand Development Corporation Act 2003 (Act No. 31, 2003)\nAssent date 27 June 2003\nCommenced 1 July 2003 (s 2)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nLand Development Corporation Amendment Act 2009 (Act No. 22, 2009)\nAssent date 25 June 2009\nCommenced 1 July 2009 (s 2)\nLand Development Corporation Amendment Act 2014 (Act No. 33, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\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 of 2018) to: ss 1, 3, 10, 26, 27, 36, 37 and\n39.\n4 LIST OF AMENDMENTS\nlt amd No. 22, 2009, s 4\ns 3 amd No. 22, 2009, s 5; No. 33, 2014, s 3\ns 3A ins No. 33, 2014, s 4\ns 5 amd No. 22, 2009, s 8\ns 6 sub No. 22, 2009, s 6\namd No. 33, 2014, s 5\ns 7 amd No. 22, 2009, s 7\n\nENDNOTES\nLand Development Corporation Act 2003 19\ns 10 amd No. 22, 2009, s 8\nss 13 – 14 sub No. 33, 2014, s 6\ns 15 amd No. 22, 2009, s 8\nsub No. 33, 2014, s 6\ns 16 sub No. 33, 2014, s 6\ns 17 amd No. 44, 2005, s 35\nsub No. 33, 2014, s 6\nss 18 – 21 rep No. 33, 2014, s 6\ns 22 amd No. 33, 2014, s 7\ns 23 amd No. 33, 2014, s 8\ns 24 amd No. 33, 2014, s 9\ns 25 amd No. 33, 2014, s 10\nss 33 – 34 amd No. 22, 2009, s 8\ns 35 amd No. 22, 2009, s 8; No. 33, 2014, s 11\nss 36 – 38 amd No. 22, 2009, s 8\ns 44 amd No. 33, 2014, s 12","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Amendments over time (noted in the endnotes) mainly refine governance, reporting, by-law and penalty mechanics and added clarifications such as applying the Criminal Code (s 3A) and adjustments to Advisory Board provisions (ss 13–14). The core purpose—creating a Territory statutory corporation to develop and manage land for industrial and residential use and related activities—remains the same. Changes are therefore principally technical and governance-focused rather than a substantial broadening of the Act's original subject-matter."},"complexity_factors":["Relatively short Act (44 sections) but with multiple cross-references to other statutes (Public Sector Employment and Management Act 1993, Financial Management Act 1995, Corporations Act 2001, Crown Lands Act 1992, Criminal Code) (ss 3A, 10, 11, 27).","Corporation is a \"corporation sole\" — governance differs from typical multi-member corporate structure (ss 4–5).","Delegation allowed with a preserved non-delegable power; need to track who may lawfully exercise which powers (s 12).","Conditional financial controls: certain activities (partnerships, borrowing/raising money) require Treasurer's written approval (s 7(3)).","Ministerial direction power that can require non-commercial action, with tabling/reporting obligations — conditional exception to the statutory commercial duty (ss 8–9).","Detailed financial reporting obligations including forward-looking projections, targets and risk strategies (s 30) and Treasurer information requests (s 31).","By-laws/regulations interaction: Act sets base by-law powers and penalties, while regulations can modify suspension, create offences, and set higher penalty caps (ss 33–38, 44).","Transfer/vesting of pre-existing authority assets and liabilities (Trade Development Zone Authority) — requires checking historic instruments and trusts (s 26).","Civil penalties in private agreements and recovery mechanisms interplay with infringement regimes and general fines recovery legislation (s 40; s 36 cross-references Fines and Penalties (Recovery) Act 2001).","Protections from liability for persons acting 'in good faith' create interpretive questions about scope of immunity (s 42)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes the Land Development Corporation (the Corporation) as a statutory corporation made up of a single office-holder — a Chief Executive Officer appointed by the Minister (a \"corporation sole\") (ss 4–5).  \n- Gives the Corporation a defined set of functions: develop and promote land for industrial and residential use, carry out residential developments, provide services/facilities to support industry and residential projects, and undertake associated activities on \"project land\" (s 6).  \n- Confers broad commercial powers on the Corporation to buy, lease, hold and sell land and property, enter contracts and partnerships, borrow or raise money (some activities require the Treasurer's written approval), impose fees and make by-laws for management of Corporation land (s 7; s 7(3) limits partnerships/borrowing without Treasurer approval; ss 33–35).  \n- Makes the Corporation an Agency under public sector employment and financial management law and designates the CEO as the accountable officer for financial management (s 10).  \n- Transfers to the Corporation the property, rights and receivables of the former Trade Development Zone Authority on commencement (vesting) (s 26).  \n- Requires financial reporting: prompt notice to the Minister of matters that significantly affect operations or finances, periodic forward-looking financial reports, provision of information to the Treasurer on request, and an annual report to be sent to the Minister and laid before the Legislative Assembly (ss 30–32).  \n- Allows the Minister to give directions to the Corporation and requires that directions be tabled in the Assembly and disclosed in the Corporation's annual report; the Corporation is required to act commercially unless the Minister directs otherwise (ss 8–9).  \n- Authorises an Advisory Board (advisory only): the CEO plus up to four ordinary members appointed by the Minister; the Board advises the Corporation on matters referred to it (ss 13–14).  \n- Provides for internal management powers: delegation of most powers (except the delegation power itself), appointment of staff, execution of documents under the common seal, and keeping proper accounts (ss 12, 39, 43, 29).  \n- Allows the Corporation to make by-laws for conduct on Corporation land (penalties of up to 2 penalty units in the Act; regulations can set higher penalties and provide infringement/registration processes) and to recover penalties as debts (ss 33–38, 44).  \n- Permits civil penalties in agreements the Corporation enters into (s 40).  \n- Provides immunities for the person who is the Corporation and staff for acts done in good faith in exercising powers under the Act (s 42).  \n- Applies the general principles of criminal responsibility from the Territory Criminal Code to offences under the Act (s 3A). \n\nWho this affects and who pays\n\n- Direct decision-makers: the Minister (appoints CEO, gives directions, can establish the Advisory Board), the Treasurer (must approve partnerships and borrowings under s 7(3); may request financial information under s 31), and the CEO (is the Corporation, runs operations, is the accountable officer) (ss 5, 7(3), 10, 31).  \n- Businesses and individuals who use, lease, buy or develop \"project land\": they may face fees, by-laws, restrictions on access/conduct, contractual civil penalties, and will be subject to land management decisions made by the Corporation (ss 7, 33–36, 40).  \n- Owners/holders of land that become \"co-development land\" by agreement with the Corporation or under the regulations (definition in s 3): they enter into arrangements with the Corporation that can include transfer of interests or shared-development schemes.  \n- The Territory’s public accounts: the Corporation can receive appropriations and grants; assets and liabilities of the former Trade Development Zone Authority were vested in the Corporation (ss 26, 28).  \n\nWhy it matters (official purpose, then practical implications)\n\n- Officially the Act sets up a government-owned vehicle to prepare and manage land for industrial and residential development and to provide related infrastructure and services (long title; s 6).  \n- Practical implications and incentives:  \n  - The Corporation can operate commercially (set prices, sell or lease land, charge for services), so developers or occupiers will respond to commercial terms and fees (s 9; s 7(h),(m)).  \n  - The Minister retains direction power and can require the Corporation to act non-commercially in specified ways — that creates a political control point that can impose policy priorities that depart from pure commercial logic (ss 8–9).  \n  - Treasurer approval for partnerships and non-borrowing fundraising in s 7(3) is a fiscal control that limits financial risk to government (s 7(3)).  \n  - The exclusion from the Corporations Act (s 11) means the Corporation is not subject to the same corporate regulation and external director/shareholder rules as private corporations; governance and accountability rely on the Public Sector and Financial Management Acts, ministerial directions, and the statutory reporting regime (s 10; s 11).  \n  - The ability to make by-laws, impose penalties, and include civil penalty clauses in agreements gives the Corporation regulatory and quasi-contractual enforcement tools that affect users of Corporation land (ss 33–36, 40). \n\nCosts, trade-offs and implementation risks (mechanisms, not verdicts)\n\n- Fiscal cost and opportunity cost: the Corporation can receive appropriations and take on assets/liabilities (ss 26, 28). Public funds used here are not available for other purposes; gifting or preferential sales of land would forego potential commercial receipts.  \n- Concentrated benefits, diffuse costs: commercial deals or co-development agreements (co-development land) can create concentrated gains for the developer counterparty; costs (e.g. compliance with by-laws, access restrictions, fees) are borne by many users. The mechanism for concentrated benefit is contractual rights over land and development terms (s 3 definition of co-development land; s 7 powers to sell/lease and enter agreements).  \n- Regulatory/compliance burden on private actors: by-laws, fees, traffic/parking regulation, and civil penalties in agreements are instruments that businesses and occupants must comply with (ss 33–36, 40). Regulations can increase penalties and create regulatory offences (s 44).  \n- Governance concentration risk: the corporation sole model concentrates legal title and responsibility in one appointed officer (the CEO) rather than a multi-member board; the Advisory Board is advisory only (ss 4–5, 13–14). The Minister’s direction power (s 8) and the ability of the Minister to specify non-commercial action (s 9(2)) are additional centralising levers.  \n- Limits on private financing and commercial risk: the Treasurer’s prior written approval for partnerships and certain fundraising (s 7(3)) reduces the Corporation’s unilateral ability to enter profit-sharing or financing arrangements that could affect Territory finances.  \n- Implementation complexity: the Corporation must maintain proper financial controls and produce forward-looking financial plans and risk assessments (ss 29–30); non-compliance or poor forecasting could expose the Territory or disrupt projects.  \n- Immunity and legal exposure: s 42 shields the CEO and staff from liability for good-faith acts under the Act, which reduces personal risk to officials but leaves open the Territory’s residual liability.  \n\nChanges to rights and private choice (mechanics)\n\n- The Corporation can change how land is used (sell/lease/develop) and set the access and conduct rules for its land by by-law, so private choices about development location, timing and conduct on that land will be shaped by the Corporation’s commercial and regulatory settings (ss 7, 33–35).  \n- Parties negotiating with the Corporation can face civil penalties prescribed in contracts that are enforceable as debts (s 40).  \n\nWhere key decisions are made (who decides)\n\n- Minister: appoints the CEO, may create the Advisory Board, gives directions (ss 5, 13, 8).  \n- Treasurer: must approve partnerships and certain forms of fundraising; can request financial information (s 7(3), s 31).  \n- CEO/Corporation: runs day-to-day operations, enters contracts, imposes by-laws/fees, delegates powers (ss 7, 12, 33).  \n\nImplementation and compliance tasks (concrete items)\n\n- The Corporation must keep proper accounts, have controls over liabilities, authorise payments, and maintain asset controls (s 29).  \n- The Corporation must report promptly to the Minister about matters that materially affect operations or finances and must submit periodic financial projections and risk plans (s 30).  \n- The Corporation must provide information to the Treasurer on request (s 31) and prepare an annual report for the Minister and the Legislative Assembly (s 32).  \n\nKey statutory checks and limits\n\n- Ministerial directions must be tabled and disclosed in the annual report (s 8(2)–(3)); Treasurer approval constraint on partnerships/raising funds (s 7(3)); public sector and financial management rules apply because the Corporation is an Agency (s 10)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2003 Act focused primarily on industrial land development (evidenced by its inheritance of assets from the Trade Development Zone Authority). However, amendments in 2009 and 2014 significantly expanded the scope to include substantial residential development powers. Section 6 now explicitly includes 'residential developments' and 'community amenities' as core functions, and section 7 was expanded to allow construction of community facilities. The 2014 amendments also restructured the Advisory Board provisions, removing detailed procedural requirements and replacing them with more flexible arrangements. The Act has evolved from an industrial zone authority into a broader land development and property development corporation."},"complexity_factors":["Moderate length (44 sections plus endnotes) but relatively straightforward structure","15 defined terms in section 3, including nested definitions (e.g., 'project land' depends on 'Corporation land' and 'co-development land')","Cross-references to other NT Acts: Public Sector Employment and Management Act 1993, Financial Management Act 1995, Crown Lands Act 1992, Corporations Act 2001 (Cth), Criminal Code, Fines and Penalties (Recovery) Act 2001, and Interpretation Act 1978","Conditional powers requiring Treasurer approval for specific commercial activities (s 7(3))","Dual reporting requirements to both Minister and Treasurer creating overlapping accountability lines","By-law making powers with specific limitations and proof requirements (ss 33-38)","Civil penalty provisions with specific characteristics (s 40) that operate independently of actual damage suffered"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government-owned business called the **Land Development Corporation** (LDC) in the Northern Territory. Think of it as a public company whose job is to develop land for factories, warehouses, and housing estates.\n\n**Who it affects:**\n\n*   **Businesses** looking to set up industrial operations (the LDC can sell or lease them land)\n*   **Property developers** and **homebuyers** (the LDC develops residential land and housing)\n*   **The Minister** (who can give the LDC directions and appoint its CEO)\n*   **The Treasurer** (who must approve major financial decisions like borrowing money or forming partnerships)\n\n**Key things the LDC can do:**\n\n*   Buy, sell, and lease land\n*   Build roads, wharves, pipelines, and community facilities (parks, childcare centres, etc.)\n*   Borrow money and enter into joint ventures (with Treasurer approval)\n*   Make **by-laws** (local rules) for land it owns—like parking rules or access restrictions\n*   Charge fees for services and impose **civil penalties** (fines) on contractors who breach agreements\n\n**How it's run:**\n\n*   The LDC is a **corporation sole**—meaning it's legally represented by one person, the Chief Executive Officer, appointed by the Minister\n*   It must operate **commercially** (like a business trying to make money), unless the Minister directs otherwise\n*   It has an **Advisory Board** of up to 4 members plus the CEO to give advice on its activities\n*   It must report annually to Parliament and keep proper financial accounts\n\n**Why it matters:**\n\nThis law allows the Territory government to directly control major land development projects without going through normal government departments. It can move faster than bureaucracy but is still accountable to the Minister and Parliament. It replaced the old Trade Development Zone Authority, taking over all its assets and debts when the Act started in 2003."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/land-development-corporation-act-2003","history":"/api/acts/land-development-corporation-act-2003/history","analysis":"/api/acts/land-development-corporation-act-2003/analysis","conflicts":"/api/acts/land-development-corporation-act-2003/conflicts","importantCases":"/api/acts/land-development-corporation-act-2003/important-cases","documents":"/api/acts/land-development-corporation-act-2003/documents"}}