Darwin Waterfront Corporation Act 2006 (Northern Territory)

This Act establishes the Darwin Waterfront Corporation, a corporate entity charged with developing, managing and servicing the Darwin Waterfront Precinct, and gives it a suite of governance, financial and regulatory powers to do so. The Corporation is a body corporate with perpetual succession, a common seal and the capacity to own, transfer and sue or be sued (s 5). The Minister appoints the members, including the chairperson, and must appoint a CEO recommended by the Corporation (ss 6, 9). The Corporation must maintain a public office open to the public at reasonable times (s 5A).

Mechanically, the Act does the following:

Creates the Corporation and sets up membership, meeting and disclosure rules, including quorum and voting rules (ss 5, 6, 33, 34).
Specifies the Corporation’s functions: development, management and servicing of land and marine infrastructure in the Precinct; promotion of the Precinct as a place to live, work and hold events; commissioning construction; provision of municipal services; preservation of order; advice to the Minister; and related functions (s 12).
Authorises broad powers to carry out functions, including borrowing, lending, investing, forming corporate entities and entering into contracts, subject to Treasurer approval for certain financial transactions (s 14; s 29 requires Treasurer approval for borrowing, lending, raising money or certain investments).
Gives the Corporation municipal powers within the Precinct: it must ensure sanitation, roads, parking and traffic control, public places, stormwater drainage, street lighting and water feature maintenance, among other services (s 13). These services are defined as municipal services and may be funded from rates (ss 13, 15, 27(2)).
Creates a localised rating and charging regime for land in the Precinct: the Corporation may impose rates (s 15), a levy for promotional activities on prescribed persons (s 16), and fees for services (s 17). Money raised must be applied for specified purposes (s 27).

NORTHERN TERRITORY OF AUSTRALIA DARWIN WATERFRONT CORPORATION ACT 2006 As in force at 1 July 2021 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Objects of Act .................................................................................. 1 3 Definitions ........................................................................................ 1 4 Darwin Waterfront Precinct .............................................................. 2 Part 2 Darwin Waterfront Corporation Division 1 General matters 5 Establishment .................................................................................. 3 5A Public office ..................................................................................... 3 6 Composition of Corporation ............................................................. 3 7 Corporation not within shield of Crown ............................................ 3 8 Transfer of property ......................................................................... 4 9 Chief executive officer ..................................................................... 4 10 Termination of appointment of member ........................................... 4 11 Committee ....................................................................................... 4 Division 2 Functions and powers of Corporation 12 Functions of Corporation ................................................................. 5 13 Municipal services ........................................................................... 6 14 General powers of Corporation........................................................ 6 15 Rates for municipal services ............................................................ 7 16 Levy for promotional activities ......................................................... 8 17 Fees for services ............................................................................. 8 18 Exemption from certain taxes and charges ..................................... 8 19 By-laws ............................................................................................ 9 20 Direction by Minister ...................................................................... 10 21 Minister's approval required for acquisition or disposal of real property ......................................................................................... 10 22 Effect of non-compliance ............................................................... 10 23 Staff members ............................................................................... 10 24 Staff member may enter land for certain purposes ........................ 11 25 Corporation may compound .......................................................... 11 Division 3 Financial matters 26 Money of Corporation .................................................................... 11

Darwin Waterfront Corporation Act 2006 ii 27 Application of money ..................................................................... 12 28 Account keeping ............................................................................ 12 29 Treasurer's approval required for certain contracts ....................... 13 Division 4 Reporting requirements 30 Annual report ................................................................................. 13 31 Application of Corporations Act ..................................................... 14 32 Auditor to be given financial statements ........................................ 14 Division 5 Meetings 33 Meetings ........................................................................................ 14 34 Disclosure of interests ................................................................... 15 Division 6 Other administrative matters 35 Delegation ..................................................................................... 15 36 Protection from liability .................................................................. 16 Division 7 Review of Corporation's operation 37 Review ........................................................................................... 16 Part 3 Matters relating to rates Division 1 Definitions 38 Definitions ...................................................................................... 17 Division 2 General matters 39 Rateability of land in Precinct ........................................................ 18 40 Commonwealth land ...................................................................... 18 41 Allotments ...................................................................................... 18 42 Apportionment if allotment rateable for part of financial year ......... 19 43 Joint and several liability ................................................................ 19 44 Principal ratepayer for allotment .................................................... 19 45 Assessment record ........................................................................ 20 46 Notices to be given by ratepayers ................................................. 21 47 Correction of record ....................................................................... 21 Division 3 Imposition of rates 48 Declaration and notification of rates .............................................. 22 49 Rates notice................................................................................... 23 50 Payment by instalment .................................................................. 23 51 Validity of declaration .................................................................... 24 52 Accrual of interest on overdue rates .............................................. 24 53 Remission of interest ..................................................................... 24

Darwin Waterfront Corporation Act 2006 iii 54 Rate concessions generally ........................................................... 24 55 Alleviation of financial hardship ..................................................... 25 56 Correction of anomaly in operation of rating system...................... 25 57 Public benefit ................................................................................. 25 Division 4 Recovery of rates Subdivision 1 Definition 58 Definition........................................................................................ 26 Subdivision 2 Court action 59 Recovery by court action ............................................................... 26 Subdivision 3 Overriding statutory charge 60 Application of Subdivision .............................................................. 26 61 Overdue rates to be charge on allotment ...................................... 26 62 Registration of charge ................................................................... 27 63 Effect of registered charge............................................................. 27 Subdivision 4 Sale of allotment 64 Power to sell allotment for non-payment of rates........................... 27 65 Pre-conditions of sale .................................................................... 28 66 Sale of allotment ............................................................................ 28 67 Proceeds of sale ............................................................................ 29 Division 5 Review and appeal 68 Right to apply for review ................................................................ 30 69 Consideration of application by administrative review committee ...................................................................................... 30 70 Corporation's decision on recommendation and appeal ................ 31 Part 4 Miscellaneous matters 71 Acquisition on just terms ................................................................ 31 72 Regulations.................................................................................... 31 Part 5 Transitional matter for Darwin Waterfront Corporation Amendment Act 2012 73 Rates imposed before commencement ......................................... 32 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2021

DARWIN WATERFRONT CORPORATION ACT 2006 An Act to establish the Darwin Waterfront Corporation and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Darwin Waterfront Corporation Act 2006. 2 Objects of Act The Darwin Waterfront Corporation is created by this Act for the achievement of the following objects: (a) to develop, manage and service the Precinct for the benefit of the community; (b) to promote the Precinct as a place of residence and business and a venue for public events and entertainment. 3 Definitions In this Act: by-laws means by-laws made under section 19. CEO, see section 9(1). chairperson means the person holding or occupying the office of chairperson of the Corporation mentioned in section 6(3). committee means a committee established under section 11. common property means: (a) for a plan – the common property in relation to the plan as defined in section 4(1) of the Unit Titles Act 1975; and

Part 1 Preliminary matters Darwin Waterfront Corporation Act 2006 2 (b) for a scheme – the common property of the scheme as defined in section 33 of the Unit Title Schemes Act 2009. Corporation means the Darwin Waterfront Corporation established by section 5(1). land includes: (a) a unit, lot and common property created by registration of a plan; and (b) a unit and common property created by registration of a scheme. meeting means a meeting of the Corporation held under section 33. member means a member of the Corporation mentioned in section 6. municipal services, see section 13. plan means a units plan, or building development plan, as defined in section 4(1) of the Unit Titles Act 1975. Precinct means the Darwin Waterfront Precinct specified under section 4. promotional activities, see section 12(1)(c). scheme means a unit title scheme as defined in section 10(1) of the Unit Title Schemes Act 2009. staff member, see section 23(1). unit means: (a) for a plan – a unit of the plan as defined in section 4(1) of the Unit Titles Act 1975; and (b) for a scheme – a unit of the scheme as defined in section 37 of the Unit Title Schemes Act 2009. 4 Darwin Waterfront Precinct The regulations may specify the areas forming the Darwin Waterfront Precinct.

Part 2 Darwin Waterfront Corporation Division 1 General matters Darwin Waterfront Corporation Act 2006 3 Part 2 Darwin Waterfront Corporation Division 1 General matters 5 Establishment (1) The Darwin Waterfront Corporation is established. (2) The Corporation: (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially must: (a) take judicial notice of the common seal affixed to a document; and (b) presume the seal was duly affixed. 5A Public office (1) The Corporation must have a public office. (2) The public office must be open to the public at reasonable times determined by the Corporation. 6 Composition of Corporation (1) The Corporation is constituted by at least 3 but not more than 7 members appointed by the Minister. (2) A member holds office for the period (not exceeding 3 years) specified in the appointment. (3) The Minister must appoint a member (other than the CEO) to be the chairperson of the Corporation. 7 Corporation not within shield of Crown The Corporation: (a) does not represent the Territory; and (b) does not enjoy any privileges, rights or immunities of the Crown in right of the Territory; and

Part 2 Darwin Waterfront Corporation Division 1 General matters Darwin Waterfront Corporation Act 2006 4 (c) is not within the shield of the Crown in right of the Territory. 8 Transfer of property (1) The Territory may transfer the ownership or control of any of its property (whether situated in the Precinct or not) to the Corporation. (2) The Corporation may transfer the ownership or control of any of its property to the Territory. 9 Chief executive officer (1) The Minister must appoint a person recommended by the Corporation to be its chief executive officer (the CEO). (2) The CEO holds office for the period and on terms and conditions as decided by the Minister. (3) The CEO may be a public sector employee. (4) The CEO must, under the Corporation's directions, exercise the Corporation's powers and perform the Corporation's functions. (5) The CEO is a member for section 6. 10 Termination of appointment of member (1) The Minister may terminate a member's appointment on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity. (2) The Minister must terminate a member's appointment if the member: (a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the member's remuneration for their benefit; or (b) is convicted in Australia of an offence punishable by imprisonment for 12 months or longer; or (c) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Corporation; or (d) fails to comply with section 34. 11 Committee (1) The Corporation may establish a committee for one or more of its powers or functions.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 5 (2) Each committee consists of 2 or more members and any other persons appointed by the Corporation. Division 2 Functions and powers of Corporation 12 Functions of Corporation (1) The functions of the Corporation are: (a) to do anything for the development of land in the Precinct that is owned or controlled by the Corporation; and (b) to manage property (including land and marine infrastructure) in the Precinct that is owned or controlled by the Corporation; and (c) to do anything (promotional activities) for the promotion of the Precinct as a place of residence and business and a venue for public events and entertainment; and (d) to do anything for construction to be carried out in the Precinct; and (e) to preserve good order in the Precinct; and (f) to do anything for the provision of municipal services in the Precinct; and (g) to do anything for the development and maintenance of other civic amenities and facilities in the Precinct (including the staging of public events and entertainment in the Precinct); and (h) on the Minister's request, to advise the Minister about the Precinct; and (i) to develop and manage land not forming part of the Precinct as directed by the Minister and in accordance with the regulations; and (j) to perform other functions specified by regulation. (2) Without limiting subsection (1), the Corporation may: (a) as the owner or controller of land, give instructions to any Agency or other body that is engaged in the development of, or construction works on, the land; and (b) consult with anyone in relation to the performance of any of its functions.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 6 (3) The Corporation may enter into an arrangement with the Darwin City Council or another person for the performance by the Council or person of specified functions of the Corporation. (3A) The arrangement may provide for the Council or person to exercise powers of the Corporation for the arrangement. (4) The Corporation must perform its functions having regard to the objects of this Act. 13 Municipal services (1) The Corporation must ensure services and amenities relating to the following are provided for the Precinct: (a) sanitation, garbage collection and street cleaning; (b) roads, footpaths, parking and traffic control; (c) public places (including parks and public toilets); (d) storm drainage; (e) street lighting; (ea) the maintenance of the quality of: (i) any enclosed body of sea water (whether treated or untreated) that is designed as a feature of the Precinct; and (ii) the water in any water feature or recreational facility on land owned or controlled by the Corporation in the Precinct; (f) any other matters specified by regulation. (2) The Corporation may also arrange for the provision of other services and amenities for the Precinct as are specified by regulation. (3) Services and amenities provided under this section are municipal services. 14 General powers of Corporation (1) The Corporation may do anything necessary or convenient for the performance of its functions.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 7 (2) Without limiting subsection (1), the Corporation may: (a) with the Treasurer's approval: (i) borrow, lend, raise or invest money under section 29; and (ii) form or participate in the formation of an incorporated body or partnership; and (iii) grant guarantees or indemnities for, or otherwise assume responsibility for, the obligations of a person; and (b) engage persons to assist the Corporation; and (c) consult with and enter into arrangements with other persons or bodies (including Agencies); and (d) grant registrations and issue permits and licences. 15 Rates for municipal services (1) The Corporation may impose rates on land in the Precinct for the funding of municipal services. (2) However, before the end of 2020, the Corporation may only impose the rates specified in subsection (3) and may only do so as provided in subsections (4), (5), (6) and (7). (3) For subsection (2), there are 2 rates that may be imposed: (a) rates on all land other than common property; and (b) rates on all land other than units. (4) The rates mentioned in subsection (3)(a) must be of the same rate and based on the same method of calculation for rates imposed on land in the central business district of the municipality of Darwin. (5) Land that would have been exempt from rates under the Local Government Act 2019 is exempt from the rates mentioned in subsection (3). (6) However, the rates mentioned in subsection (3)(b) may be imposed on the common property of a plan or scheme.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 8 (7) The rates mentioned in subsection (3)(b) must be imposed on the following basis: (a) for the common property of a plan or scheme – the rates mentioned in subsection (3)(b) that are imposed on the common property for a financial year must not exceed 20% of the sum of the rates mentioned in subsection (3)(a) that are imposed on all the units of the plan or scheme for that year; (b) for any other land – the rates mentioned in subsection (3)(b) that are imposed on the land for a financial year must not exceed 20% of the rates mentioned in subsection (3)(a) that are imposed on the land for that year. Note for section 15 Part 3 contains further provisions relating to rates. 16 Levy for promotional activities (1) The Corporation may impose a levy for the funding of promotional activities. (2) The levy may only be imposed on a person prescribed by regulation. (3) The by-laws may make provision about the levy. (4) The regulations may provide for the maximum amount of the levy that may be imposed on a person for a year (including specifying how that amount must be worked out). 17 Fees for services (1) The Corporation may charge fees for services provided by or for the Corporation (whether the services are municipal services or not). (2) The by-laws may make provision about the fees. 18 Exemption from certain taxes and charges (1) The Corporation, as the owner or controller of land in the Precinct: (a) is not liable for any rates, levy or fees arising from section 15, 16 or 17; and (b) is exempt from other requirements (for example, licensing or registration requirements) imposed by the by-laws. (2) In addition, the Corporation is not liable for any stamp duty imposed under the Stamp Duty Act 1978 in relation to the land.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 9 (3) Except as otherwise provided by a law of the Territory, a lessee of land owned by the Corporation is not exempt from the liabilities and requirements mentioned in subsections (1) and (2). 19 By-laws (1) The Corporation may make by-laws, not inconsistent with this Act or any other law of the Territory, for any of the following matters: (a) any matter relating to its common seal, meetings or procedures; (b) promotional activities; (c) controlling the Precinct (including the use of the land and water within the Precinct) and access to any part of it; (d) care and maintenance of all or any part of the Precinct; (e) preserving good order in the Precinct; (f) regulating conduct (including omissions) occurring in the Precinct; (g) prescribing a fine not exceeding 200 penalty units for an offence against the by-laws; (h) providing for an offence against the by-laws to be a regulatory offence; (i) providing for: (i) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the by-laws; and (ii) the service of a notice relating to payment of the amount on a person alleged to have committed the offence; and (iii) the particulars to be included in the notice; (j) any other matter for the exercise of any of its powers or the performance of any if its functions under this Act; (k) any other matter required or permitted by a law of the Territory. (2) The by-laws may apply, adopt or incorporate (with or without changes) the whole or part of an Act or other instrument (including the by-laws of a local government council) as in force or existing at a particular time or from time to time.

Part 2 Darwin Waterfront Corporation Division 2 Functions and powers of Corporation Darwin Waterfront Corporation Act 2006 10 20 Direction by Minister (1) The Minister may give directions to the Corporation for the exercise of any of its powers or the performance of any of its functions. (2) The Corporation must comply with the direction. 21 Minister's approval required for acquisition or disposal of real property The Corporation must not, without the Minister's approval, acquire or dispose of any real property or interest in real property. 22 Effect of non-compliance (1) The validity of an act of the Corporation is not affected by a failure of the Corporation to: (a) obtain an approval of the Treasurer as required by section 14(2)(a); or (b) comply with a direction of the Minister given under section 20; or (c) obtain an approval of the Minister as required by section 21. (2) Without limiting subsection (1), the validity of a contract for a matter mentioned in section 14(2)(a) is not affected by a failure of the Corporation to obtain an approval of the Treasurer for that contract. 23 Staff members (1) The Corporation may be assisted by each of the following (a staff member) in exercising its powers or performing its functions: (a) a person who: (i) is a public sector employee; and (ii) is made available to the Corporation with the agreement of the Commissioner for Public Employment; (b) a person employed or engaged by the Corporation. (2) A person employed by the Corporation as mentioned in subsection (1)(b): (a) must be employed on terms and conditions as decided by the Corporation; and (b) may be a public sector employee.

Part 2 Darwin Waterfront Corporation Division 3 Financial matters Darwin Waterfront Corporation Act 2006 11 24 Staff member may enter land for certain purposes (1) A staff member may enter any land or building within the Precinct as required or permitted under this Act for an inspection or the carrying out of works. (2) The staff member may only do so: (a) during reasonable hours; and (b) except with the consent of the occupant of the land or building – at least 24 hours after written notice for the entry has been given by the CEO to the occupant. 25 Corporation may compound The Corporation may compound with any of the following persons for an amount of money or other consideration as the Corporation considers appropriate: (a) a person who has entered into a contract with the Corporation; (b) a person who has commenced or intends to commence proceedings against the Corporation; (c) a person against whom the Corporation has commenced or intends to commence proceedings. Division 3 Financial matters 26 Money of Corporation The money of the Corporation consists of: (a) amounts appropriated for the Corporation; and (b) dividends on shares owned by the Corporation; and (c) interest on investments held by the Corporation; and (d) proceeds from the disposal of the Corporation's property; and (da) the following amounts that are received or recovered by the Corporation: (i) rates imposed under section 15; (ii) interest that has accrued on rates under section 52; (iii) costs reasonably incurred by the Corporation in recovering, or attempting to recover, rates; and

Part 2 Darwin Waterfront Corporation Division 3 Financial matters Darwin Waterfront Corporation Act 2006 12 (e) amounts imposed or charged under section 16 or 17 that are received by the Corporation; and (f) any other amounts that become available for use by the Corporation under a law of the Territory. 27 Application of money (1) The money of the Corporation must be applied only for the exercise of its powers or performance of its functions. (2) An amount of rates mentioned in section 15, or interest mentioned in section 52, that is received by the Corporation may only be used for the provision of municipal services. (3) An amount of levy mentioned in section 16 that is received by the Corporation may only be used for the funding of promotional activities. (4) An amount of fees mentioned in section 17 that is received by the Corporation may only be used for the provision of the service relating to the fees. 28 Account keeping (1) The Corporation must ensure: (a) proper accounts and records of the Corporation's transactions and financial affairs are kept; and (b) there are adequate controls over the incurring of the Corporation's liabilities; and (c) all payments out of the Corporation's money are correctly made and properly authorised; and (d) adequate control is maintained over: (i) the Corporation's property; and (ii) property in the Corporation's custody, control or management. (2) The Treasurer may request the Corporation to give the Treasurer any information the Treasurer reasonably requires to accurately assess the Corporation's financial position and financial affairs. (3) The Corporation must comply with the request.

Part 2 Darwin Waterfront Corporation Division 4 Reporting requirements Darwin Waterfront Corporation Act 2006 13 29 Treasurer's approval required for certain contracts (1) The Corporation must not enter into a contract for any of the following without the Treasurer's approval: (a) borrowing of money by the Corporation; (b) lending of money by the Corporation; (c) raising of money, otherwise than by borrowing, by the Corporation in a manner that is not specified for subsection (2); (d) investing the Corporation's money, otherwise than by lending, in a class of investment that is not specified for subsection (2). (2) The Treasurer may in writing specify: (a) a manner of raising money for which the Treasurer's approval is not required; and (b) a class of investment for which the Treasurer's approval is not required. Division 4 Reporting requirements 30 Annual report (1) For each financial year, the Corporation must prepare an annual report on its operation during that year. (2) The report must include: (a) the record of each Ministerial direction given under section 20(1) during that year; and (b) financial statements relating to the Corporation's operation for that year that are prepared because of section 31; and (c) the Auditor-General's report on the financial statements given to the Corporation under section 32. (3) The Corporation must give the annual report to the Minister within: (a) one month after receiving the Auditor-General's report; or (b) another period specified by the Minister. (4) The Minister must table in the Legislative Assembly a copy of the annual report within 6 sitting days after receiving it.

Part 2 Darwin Waterfront Corporation Division 5 Meetings Darwin Waterfront Corporation Act 2006 14 31 Application of Corporations Act (1) The accounting and reporting obligations imposed on a public company under the Corporations Act 2001 apply to the Corporation as if: (a) the Corporation were a public company; and (b) the Territory were the shareholders of the company. (2) To avoid doubt, the obligations mentioned in subsection (1) include obligations to prepare financial statements and the application of the relevant standards for those obligations. 32 Auditor to be given financial statements (1) The Corporation must give the Auditor-General the financial statements prepared because of section 31 for a financial year within: (a) 2 months after the end of that year; or (b) another period specified by the Minister. (2) The Auditor-General must: (a) audit the financial statements; and (b) report to the Corporation on the financial statements. (3) The Auditor-General must do so within: (a) 2 months after receiving the financial statements; or (b) another period specified by the Administrator. Division 5 Meetings 33 Meetings (1) The chairperson must convene as many meetings as are necessary to perform its functions. (2) The Minister may direct the chairperson to convene a meeting to deal with a matter specified by the Minister. (3) The chairperson must comply with the direction. (4) The quorum for a meeting of the Corporation is a majority of its members.

Part 2 Darwin Waterfront Corporation Division 6 Other administrative matters Darwin Waterfront Corporation Act 2006 15 (5) Questions arising at a meeting are determined by a majority of votes. (6) A member nominated by the chairperson must preside at a meeting in which the chairperson is absent. (7) At a meeting, the presiding member: (a) has a deliberative vote; and (b) in the event of an equality of votes, also has the casting vote. (8) The procedures for meetings must be determined by the Corporation. 34 Disclosure of interests (1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the Corporation, the member must disclose the nature of the interest in a meeting as soon as practicable after the relevant facts come to the member's knowledge. (2) The disclosure must be recorded in the Corporation's minutes. (3) Subject to a resolution of the Corporation to the contrary, the member: (a) must not, while the member has the interest, take part in any deliberation or decision of the Corporation relating to the matter; and (b) must be disregarded for constituting the quorum of the Corporation for any deliberation or decision of the Corporation relating to the matter. (4) The Corporation must maintain a register of the interests of the members. Division 6 Other administrative matters 35 Delegation The Corporation may delegate any of its powers or functions to one or more of the following: (a) a member; (b) a staff member;

Part 2 Darwin Waterfront Corporation Division 7 Review of Corporation's operation Darwin Waterfront Corporation Act 2006 16 (c) a committee. 36 Protection from liability (1) This section applies to a person who is or has been a member. (2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (3) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the Corporation in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (4) Subsections (2) and (3) do not affect any liability the Territory or the Corporation would, apart from those subsections, have for the act or omission. Division 7 Review of Corporation's operation 37 Review (1) The Corporation must conduct a review of its operation and the operation of this Act within 12 months after an occupancy permit has been issued under the Building Act 1993 for a residential dwelling in the Precinct for the first time. (2) The Corporation must prepare a report of the review, incorporating any recommendations on the following: (a) the management of the Precinct; (b) the representation of individuals and groups in the membership of the Corporation; (c) the devolution of the Corporation's powers and functions to another body; (d) any other matter for which the Minister has requested a recommendation; (e) any other matter the Corporation considers appropriate.

Part 3 Matters relating to rates Division 1 Definitions Darwin Waterfront Corporation Act 2006 17 Part 3 Matters relating to rates Division 1 Definitions 38 Definitions In this Part: administrative review committee, see section 69(1). allotment, see section 41. assessment record means the assessment record kept by the Corporation under section 45. nominal owner, of an allotment, means: (a) if the allotment is common property – the body corporate that, under the by-laws, is liable to pay the rates imposed on the common property; or (b) if the allotment is held from the Territory under a lease – the lessee; or (c) if the allotment is held from the Corporation under a lease – the lessee; or (d) otherwise – the registered owner of the allotment. occupier, of an allotment, means a person who is, either jointly or alone, in possession of the allotment to the substantial exclusion of others. principal ratepayer, for an allotment, see section 44(1). rate concession, see section 54(1). rateable, see section 39(1). ratepayer means a person who pays, or is liable to pay, rates imposed on an allotment under this Act. registered owner, of an allotment, means the registered owner (as defined in section 4 of the Land Title Act 2000) of a lot that comprises or includes the allotment.

Part 3 Matters relating to rates Division 2 General matters Darwin Waterfront Corporation Act 2006 18 Division 2 General matters 39 Rateability of land in Precinct (1) All land in the Precinct is rateable except land specified in subsection (2). (2) For subsection (1), the following land is specified: (a) land that is exempt from rates under section 15(5); (b) land of the Corporation, other than land that is leased for a purpose that does not give rise to an exemption from rates under section 15(5); (c) land of the Commonwealth, other than land that the Commonwealth has agreed be rateable. 40 Commonwealth land If the Commonwealth agrees that its land be rateable, the land is rateable on conditions agreed by the Commonwealth. 41 Allotments (1) An allotment is a lot or part of a lot for which the Corporation proposes to make a separate assessment and imposition of rates. (2) The Corporation may only divide a lot that is subject to the same ownership into separate allotments if: (a) the allotments are subject to separate occupation; or (b) the allotments fall within different zones; or (c) there is some other good reason for dividing the lot into separate allotments. Example for subsection (2)(a) If a lot comprises a block of flats and the flats are owned by one person but separately occupied, the Corporation could either: (a) treat the block of flats as a single allotment and impose rates on the block as a whole; or (b) treat each flat as a separate allotment and impose rates on each flat. (3) In this section: lot, see section 4 of the Land Title Act 2000. zone, see section 3(1) of the Planning Act 1999.

Part 3 Matters relating to rates Division 2 General matters Darwin Waterfront Corporation Act 2006 19 42 Apportionment if allotment rateable for part of financial year (1) If an allotment becomes, or ceases to be, rateable during the course of a financial year: (a) the allotment is liable to rates under section 15 for the financial year; but (b) the amount of rates payable is the amount that is proportionate to the part of the financial year during which the allotment is rateable. (2) The Corporation must make any refund or remission of rates necessary to give effect to this section. 43 Joint and several liability (1) The nominal owner and the occupier (if not the nominal owner) of an allotment are jointly and severally liable for rates imposed on the allotment. (2) However, the occupier does not become liable for the rates unless, under section 44, the occupier is designated in the assessment record as the principal ratepayer for the allotment. 44 Principal ratepayer for allotment (1) The principal ratepayer for an allotment is the nominal owner of the allotment but, if a person other than the nominal owner is, under this section, designated in the assessment record as the principal ratepayer for the allotment, that person is the principal ratepayer. (2) If, under subsection (1), 2 or more people would be the principal ratepayer for an allotment, the CEO may designate one or more of them in the assessment record as the principal ratepayer for the allotment. (3) On the application of an occupier of an allotment, the CEO may designate the occupier in the assessment record as the principal ratepayer for the allotment. (4) If the occupier subsequently applies for the designation to be removed from the assessment record, the CEO must remove the designation. (5) A ratepayer designated under subsection (2) or (3) as the principal ratepayer for an allotment is the principal ratepayer to the exclusion of others.

Part 3 Matters relating to rates Division 2 General matters Darwin Waterfront Corporation Act 2006 20 (6) If rates are paid by, or recovered from, a ratepayer who is not the principal ratepayer for an allotment, the ratepayer may, subject to any relevant agreement, recover the amount of the rates from the principal ratepayer or set the amount off against any liability owed to the principal ratepayer. 45 Assessment record (1) The Corporation must keep an assessment record. (2) The assessment record must contain the following information for each allotment: (a) a brief description of the allotment; (b) if rates for the allotment are to be calculated as a proportion of the value of the allotment – a statement of the value; (c) the name and postal address of the registered owner of the allotment; (d) if the registered owner is not the nominal owner of the allotment – the name and postal address of the nominal owner; (e) if the nominal owner is not the principal ratepayer for the allotment – the name and postal address of the principal ratepayer; (f) if the allotment is subject to a differential rate on the basis of its use – a statement of the use; (g) other information the Corporation resolves to include in the record. Note for paragraph (b) Section 15(4) and (7) specifies how rates are to be calculated. (3) The assessment record may be kept in the form the Corporation considers appropriate. (4) A copy of the assessment record must be available for inspection, free of charge, by any member of the public at the Corporation's public office. (5) The CEO must, at the request of a person to whom an entry in the assessment record relates, suppress the person's name or address (or both) from the publicly available copy of the record.

Part 3 Matters relating to rates Division 2 General matters Darwin Waterfront Corporation Act 2006 21 46 Notices to be given by ratepayers (1) If a person becomes the principal ratepayer for a particular allotment, the person must, within 28 days of becoming the principal ratepayer, give the CEO written notice of that fact and of the person's postal address. Maximum penalty: 20 penalty units. (2) If a principal ratepayer's postal address changes, the principal ratepayer must, within 28 days of the change, give the CEO written notice of the new address. Maximum penalty: 20 penalty units. (3) If a person ceases to be the principal ratepayer for a particular allotment, the person must, within 28 days of ceasing to be the principal ratepayer, give the CEO written notice of that fact. Maximum penalty: 20 penalty units. (4) An offence against subsection (1), (2) or (3) is a regulatory offence. 47 Correction of record (1) A person may apply to the Corporation for correction of an entry in the assessment record. (2) The application may be made on one or more of the following grounds: (a) the entry wrongly classifies an allotment that is not rateable as rateable; (b) the entry wrongly records the use of an allotment; (c) the entry contains some other relevant misclassification or misdescription of an allotment; (d) the entry wrongly records ownership or occupation of an allotment; (e) the entry wrongly designates the applicant as the principal ratepayer for an allotment; (f) the entry contains some other relevant error. (3) The application must be in writing and state: (a) the applicant's interest in the allotment to which the application relates; and

Part 3 Matters relating to rates Division 3 Imposition of rates Darwin Waterfront Corporation Act 2006 22 (b) the nature of the amendment that should, in the applicant's opinion, be made. (4) If the application is uncontroversial, the CEO may decide the application on behalf of the Corporation but, if it raises matters of possible controversy, the application is to be dealt with by the Corporation or a Corporation committee. (5) The CEO must give the applicant written notice of the decision on the application as soon as practicable. Note for subsection (5) A person who is adversely affected by the decision may apply for a review under Division 5. Division 3 Imposition of rates 48 Declaration and notification of rates (1) To impose rates under section 15 for a financial year, the Corporation must, on or before 31 July in that financial year, declare rates on allotments in the Precinct. (2) The declaration must state the following: (a) the basis or bases of the rates; (b) if the rates may be paid by instalment – the number of instalments payable and the date on which each instalment will fall due for payment; (c) if a discount or other form of concession or benefit is to be given for prompt payment of rates in full: (i) details of the discount, concession or benefit; and (ii) the conditions on which it is to be given. (3) Within 21 days after declaring rates, the Corporation must publish notice of the declaration of rates and the matters specified in subsection (2): (a) on its website; and (b) in a newspaper circulating generally in the Precinct. (4) Failure to publish the notice within the time limit fixed by subsection (3) does not invalidate the declaration.

Part 3 Matters relating to rates Division 3 Imposition of rates Darwin Waterfront Corporation Act 2006 23 49 Rates notice (1) At least 28 days before the payment of the rates, or the first instalment of the rates, falls due, the Corporation must issue an account for the payment of rates (a rates notice) for each allotment. (2) The rates notice must be given to the principal ratepayer for an allotment or, if it is not practicable to do so, to any other ratepayer for the allotment. (3) The rates notice must: (a) state the due date for payment of the rates or, if the rates may be paid by instalment, the due date for payment of each instalment; and (b) if a discount is to be given for prompt payment of rates in full – state: (i) the percentage discount; and (ii) the conditions on which the discount will be given; and (iii) both the discounted and undiscounted amount payable; and (c) if another form of concession or benefit is to be given for prompt payment of rates in full – state: (i) details of the concession or benefit; and (ii) the conditions on which it will be given; and (d) contain any other information prescribed by the by-laws; and (e) be given at least 28 days before the payment of the rates, or the first instalment of the rates, falls due. (4) Failure to give the rates notice within the time limit fixed by subsection (3)(e) does not invalidate the rates notice. 50 Payment by instalment (1) If the Corporation allows payment of rates by instalment: (a) each instalment must be paid by the due date for payment; but (b) if a ratepayer fails to pay an instalment by the due date – all remaining instalments become immediately due.

Part 3 Matters relating to rates Division 3 Imposition of rates Darwin Waterfront Corporation Act 2006 24 (2) However, the Corporation may relieve a ratepayer, or ratepayers generally, from the consequences of a failure to pay an instalment to an extent decided by the Corporation. 51 Validity of declaration (1) The Minister may, by Gazette notice, declare that rates have been validly declared, or declared and levied, by the Corporation despite a particular procedural non-compliance or some other irregularity or error of a minor or technical nature. (2) The declaration validates the rates from the date of their purported declaration. 52 Accrual of interest on overdue rates (1) If rates are not paid by the due date for payment, interest accrues on the amount of the unpaid rates at the relevant interest rate. Note for subsection (1) If the ratepayer defaults in payment of an instalment of rates, all remaining instalments become due and payable. Therefore, interest accrues on the total amount of the unpaid rates and not merely the amount of the instalment. (See section 50(1)). (2) Interest is calculated on a daily basis on the amount of the unpaid rates (exclusive of interest) from the due date until the date of payment. (3) In this section: relevant interest rate means the rate of interest fixed by the Darwin City Council as the relevant interest rate under section 10 of the Local Government Act 2019. 53 Remission of interest The Corporation may remit interest wholly or partly. 54 Rate concessions generally (1) A rate concession is: (a) a waiver in whole or part of rates or a component of rates; or (b) a deferment in whole or part of a liability to pay rates or a component of rates; or (c) both.

Part 3 Matters relating to rates Division 3 Imposition of rates Darwin Waterfront Corporation Act 2006 25 (2) The Corporation may, by written notice, grant a rate concession under section 55, 56 or 57 unconditionally or on conditions determined by the Corporation. (3) If the Corporation grants a rate concession on conditions and the ratepayer fails to comply with a condition, the Corporation may by written notice to the ratepayer: (a) withdraw the concession; and (b) require the ratepayer to pay an amount, on or before a date specified in the notice, to neutralise any benefit to the ratepayer of the rate concession. 55 Alleviation of financial hardship (1) The Corporation may grant a rate concession to alleviate financial hardship. (2) The Corporation may grant the rate concession on application by a person who establishes to the Corporation's satisfaction that the person will suffer financial hardship if the concession is not granted. 56 Correction of anomaly in operation of rating system (1) The Corporation may grant a rate concession to a ratepayer or ratepayers of a particular class if satisfied it is necessary to do so in order to correct an anomaly in the operation of the rating system. (2) The Corporation may grant the rate concession on the Corporation's own initiative or on application by an affected ratepayer. 57 Public benefit (1) The Corporation may grant a rate concession to advance one or more of the following purposes: (a) securing the proper development of the Precinct; (b) preserving buildings or places of historical interest; (c) protecting the environment; (d) encouraging cultural activities; (e) promoting community health or welfare; (f) providing recreation or amusement for the public.

Part 3 Matters relating to rates Division 4 Recovery of rates Subdivision 3 Overriding statutory charge Darwin Waterfront Corporation Act 2006 26 (2) However, the rate concession: (a) may only be granted if authorised under a policy formally adopted by resolution of the Corporation; and (b) is subject to limitations and conditions specified in that policy. (3) The Corporation may grant the rate concession on its own initiative or on application by a ratepayer. Division 4 Recovery of rates Subdivision 1 Definition 58 Definition In this Division: rates includes, if the rates are overdue: (a) accrued interest; and (b) costs reasonably incurred by the Corporation in recovering, or attempting to recover, the rates. Subdivision 2 Court action 59 Recovery by court action (1) Rates imposed on an allotment may be recovered as a debt due to the Corporation from the principal ratepayer for the allotment, or any other ratepayer for the allotment, by action in a court of competent jurisdiction. (2) The proceedings may be commenced at any time within 6 years after the rates were imposed. Subdivision 3 Overriding statutory charge 60 Application of Subdivision This Subdivision does not apply to rates imposed on common property. 61 Overdue rates to be charge on allotment (1) If rates imposed on an allotment are not paid by the due date, the rates become a charge on the allotment.

Part 3 Matters relating to rates Division 4 Recovery of rates Subdivision 4 Sale of allotment Darwin Waterfront Corporation Act 2006 27 (2) However, the rates do not become a charge if the registered owner of the allotment is not a ratepayer who is liable for the rates that are in arrears. 62 Registration of charge (1) If rates imposed on an allotment are a charge on the allotment and have been in arrears for at least 6 months, the Corporation may apply to the Registrar-General for registration of the charge. (2) The Registrar-General must, on payment of the appropriate fee by the Corporation: (a) register the charge as an overriding statutory charge; and (b) notify all persons with a registered interest in or over the allotment of the registration of the charge. (3) Failure to give notice of the registration of the overriding statutory charge under subsection (2)(b) does not invalidate the registration of the charge. (4) The Registrar-General must, on payment of the appropriate fee, cancel the registration of the overriding statutory charge if the Corporation applies for the cancellation. (5) The Corporation must apply for the cancellation if the liability to which the overriding statutory charge relates is fully satisfied, and may apply for the cancellation for any other reason. 63 Effect of registered charge While a charge is registered as an overriding statutory charge under this Subdivision, it has priority over all other registered and unregistered mortgages, charges and encumbrances except a previously registered overriding statutory charge. Subdivision 4 Sale of allotment 64 Power to sell allotment for non-payment of rates The Corporation may sell an allotment if: (a) rates imposed on the allotment have been in arrears for at least 3 years; and (b) an overriding statutory charge securing liability for the rates is registered over the allotment and has been registered for at least 6 months.

Part 3 Matters relating to rates Division 4 Recovery of rates Subdivision 4 Sale of allotment Darwin Waterfront Corporation Act 2006 28 65 Pre-conditions of sale (1) Before selling an allotment for non-payment of rates, the Corporation must give notice to the principal ratepayer for the allotment at the address recorded in the assessment record. (2) The notice must: (a) state the period for which rates have been in arrears; and (b) state the amount of rates currently outstanding on the allotment; and (c) warn that if that amount is not paid in full within a stated period (which must not be less than 30 days) after the date of the notice, the Corporation will sell the allotment for non-payment of rates. (3) A copy of the notice must be given to: (a) any other person with a registered interest in the allotment; and (b) if the allotment is held from the Territory under a lease – the Minister administering the legislation under which the lease was granted. (4) If the whereabouts of a person to whom a notice (or copy) is required to be given is, after reasonable inquiries, not ascertained by the Corporation, the notice may be given by: (a) publishing it in a newspaper circulating generally throughout the Territory; and (b) leaving a copy of the notice in a conspicuous place at the allotment. 66 Sale of allotment (1) If the outstanding rates for an allotment are not paid within the period allowed by a notice given under section 65, the Corporation may sell the allotment. (2) The sale must be by public auction. (3) However, if the allotment is held from the Territory under a lease, the sale must be made as approved by the Minister administering the legislation under which the lease was granted.

Part 3 Matters relating to rates Division 4 Recovery of rates Subdivision 4 Sale of allotment Darwin Waterfront Corporation Act 2006 29 (4) A public auction must be advertised: (a) on the Corporation's website; and (b) on at least 2 separate occasions in a newspaper circulating generally throughout the Territory. (5) If, before the date of the sale, the outstanding rates (including costs incurred by the Corporation with a view to sale of the allotment) are paid, the Corporation must call off the sale. (6) If an auction fails, the Corporation may sell the allotment by private contract for the best price that it can reasonably obtain. (7) If the Corporation sells an allotment under this section, the Corporation may execute a conveyance of the allotment under its common seal. (8) On registration of the conveyance, title to the allotment vests in the purchaser freed and discharged from all mortgages, charges and encumbrances securing the payment of money. 67 Proceeds of sale (1) The Corporation must apply the proceeds of the sale of an allotment under this Subdivision as follows: (a) firstly, in the payment of the costs incurred in selling the allotment; (b) secondly, in the payment of all liabilities secured on the allotment (including the liability to the Corporation) in the order of their priority; (c) thirdly, in payment to the registered owner of the allotment. (2) If the Corporation fails, after reasonable inquiry, to discover the identity or whereabouts of a person entitled to payment under this section, the Corporation may make the payment to the Public Trustee as unclaimed property. (3) A payment made to the Public Trustee under subsection (2) vests in the Public Trustee as mentioned in section 59A of the Public Trustee Act 1979.

Part 3 Matters relating to rates Division 5 Review and appeal Darwin Waterfront Corporation Act 2006 30 Division 5 Review and appeal 68 Right to apply for review (1) A person who is adversely affected by a decision mentioned in section 47(5) may, within 14 days after the date of the decision, apply to the CEO for a review of the decision. (2) The application must: (a) be in writing; and (b) set out in detail the grounds on which the decision should, in the applicant's opinion, be reconsidered. (3) The CEO may extend the period allowed for making an application under subsection (1) if the CEO is satisfied there are exceptional circumstances justifying the extension. 69 Consideration of application by administrative review committee (1) The CEO must, on receiving an application under section 68, refer the application to a committee established by the Corporation for inquiring into such applications (an administrative review committee). (2) The administrative review committee may summarily reject the application if satisfied the application is frivolous, vexatious or lacking in substance. (3) If it does not reject the application, the administrative review committee must: (a) inquire into the matters raised by the application; and (b) recommend to the Corporation that the Corporation does one of the following: (i) confirm the decision under review; (ii) amend the decision under review; (iii) revoke the decision under review; (iv) make a further decision to mitigate the effect of the decision under review.

Part 4 Miscellaneous matters Darwin Waterfront Corporation Act 2006 31 70 Corporation's decision on recommendation and appeal (1) After receiving a recommendation from an administrative review committee, the Corporation must make a final decision on an application under section 68. (2) The decision need not be consistent with the administrative review committee's recommendation. (3) The CEO must give a decision notice to the applicant without delay after the Corporation makes a final decision on the application, setting out: (a) the final decision and the reasons for it; and (b) the right the applicant has, under this or another Act, to apply for a review of the decision to the Civil and Administrative Tribunal. . (4) A person to whom a decision notice has been given under subsection (3) may apply to the Civil and Administrative Tribunal for review of the decision. Part 4 Miscellaneous matters 71 Acquisition on just terms If the operation of this Act would, apart from this section, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms. 72 Regulations (1) The Administrator may make regulations under this Act. (2) The regulations may: (a) prescribe a fine not exceeding 200 penalty units for an offence against the regulations; and

Part 5 Transitional matter for Darwin Waterfront Corporation Amendment Act 2012 Darwin Waterfront Corporation Act 2006 32 (b) provide for an offence against this Act to be a regulatory offence; and (c) apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time. Part 5 Transitional matter for Darwin Waterfront Corporation Amendment Act 2012 73 Rates imposed before commencement (1) The amended Act continues to apply in relation to rates imposed by the Corporation before 1 July 2012, and to matters in relation to those rates dealt with in the amended Act, as if Part 2 of the Darwin Waterfront Corporation Amendment Act 2012 had not commenced. (2) In this section: amended Act means the Darwin Waterfront Corporation Act 2006 as in force immediately before 1 July 2012.

ENDNOTES Darwin Waterfront Corporation Act 2006 33 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Darwin Waterfront Corporation Act 2006 (Act No. 25, 2006) Assent date 19 September 2006 Commenced 19 September 2006 Darwin Waterfront Corporation Amendment Act 2008 (Act No. 1, 2008) Assent date 11 March 2008 Commenced 11 March 2008 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Darwin Waterfront Corporation Amendment Act 2012 (Act No. 10, 2012) Assent date 27 April 2012 Commenced 1 July 2012 (s 2) Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) Local Government Legislation Amendment Act 2015 (Act No. 8, 2015) Assent date 23 April 2015 Commenced pt 4, div 3: 17 February 2016 (Gaz G7, 17 February 2016, p 2); rem: 23 April 2015 (s 2)

ENDNOTES Darwin Waterfront Corporation Act 2006 34 Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 15, 18, 37, 38, 41, 52 and 67. 4 LIST OF AMENDMENTS s 3 amd No. 28, 2008, s 8; No. 10, 2012, s 4; No. 19, 2014, s 26 s 5A ins No. 10, 2012, s 5 s 12 amd No. 1, 2008, s 3 s 13 amd No. 1, 2008, s 4 s 15 amd No. 28, 2008, s 9; No. 14, 2009, s 129; No. 10, 2012, s 6; No. 39, 2019, s 370 s 18 amd No. 1, 2008, s 5 s 19 amd No. 28, 2008, s 10; No. 19, 2014, s 26 s 26 amd No. 10, 2012, s 7 s 27 amd No. 10, 2012, s 8 pt 3 hdg ins No. 10, 2012, s 11 pt 3 div 1 hdg ins No. 10, 2012, s 11 s 38 ins No. 10, 2012, s 11 pt 3 div 2 hdg ins No. 10, 2012, s 11 ss 39 – 47 ins No. 10, 2012, s 11 pt 3 div 3 hdg ins No. 10, 2012, s 11 ss 48 – 51 ins No. 10, 2012, s 11 s 52 ins No. 10, 2012, s 11 amd No. 39, 2019, s 370 ss 53 – 57 ins No. 10, 2012, s 11 pt 3 div 4 hdg ins No. 10, 2012, s 11 pt 3 div 4 sdiv 1 hdg ins No. 10, 2012, s 11 s 58 ins No. 10, 2012, s 11

ENDNOTES Darwin Waterfront Corporation Act 2006 35 pt 3 div 4 sdiv 2 hdg ins No. 10, 2012, s 11 s 59 ins No. 10, 2012, s 11 pt 3 div 4 sdiv 3 hdg ins No. 10, 2012, s 11 ss 60 – 63 ins No. 10, 2012, s 11 pt 3 div 4 sdiv 4 hdg ins No. 10, 2012, s 11 ss 64 – 67 ins No. 10, 2012, s 11pt 3 div 5 hdg ins No. 10, 2012, s 11 ss 68 – 69 ins No. 10, 2012, s 11 s 70 ins No. 10, 2012, s 11 amd No. 8, 2015, s 80 pt 4 hdg renum No. 10, 2012, s 9 s 71 ins No. 10, 2012, s 12 s 72 renum No. 10, 2012, s 10 pt 5 hdg ins No. 10, 2012, s 13 s 73 ins No. 10, 2012, s 13

1 Darwin Waterfront Corporation Act 2006

Key statutory concepts and their mechanics are:

Corporation: the statutory body corporate established by s 5. It is distinct from the Territory, does not represent the Territory, and does not enjoy Crown privileges or shield (s 7). It has a common seal and statutory continuity (s 5).
Precinct: the geographic area known as the Darwin Waterfront Precinct, as may be specified by regulation (s 4). The Act’s powers, municipal duties and rating authorities operate within that Precinct (ss 12, 13, 15, Part 3).
Functions and powers: s 12 lists the Corporation’s functions, including development, management, promotional activities, construction, preserving order and providing municipal services. s 14 gives a general “anything necessary or convenient” power to perform its functions and enumerates financial and commercial capacities, including borrowing, lending and forming corporate entities, subject to Treasurer approval in specified circumstances (s 14(2)(a); s 29). The Corporation may also enter arrangements with Darwin City Council or other persons for the performance of its functions and may confer its powers under such arrangements (s 12(3), (3A)).
Municipal services: these are specified services the Corporation must ensure for the Precinct, including sanitation, roads, parking, public places, storm drainage, street lighting and maintenance of enclosed water features and recreational facilities (s 13). Money raised via rates must be applied to municipal services (s 27(2)).
Revenue instruments: the Act contemplates three distinct charging streams:
- Rates on land in the Precinct for funding municipal services (s 15). Part 3 sets detailed rating mechanics, notice, assessment, recovery, and sale procedures.
- A levy for promotional activities, imposed only on persons prescribed by regulation, with limits and detail to be provided by regulation and by-laws (s 16).
- Fees for services, which the Corporation may charge and the by-laws may regulate (s 17). Money from each stream has restricted application: rates to municipal services (s 27(2)), levies to promotional activities (s 27(3)), and fees to the relevant services (s 27(4)).
Exemptions and limits: the Corporation itself is exempt from rates, levies and fees arising under ss 15-17 when it is the owner or controller of land in the Precinct, and exempt from stamp duty under the Stamp Duty Act 1978 in relation to the land (s 18). However, lessees of Corporation land are not exempt, except where other Territory law provides otherwise (s 18(3)). Before the end of 2020, ss 15(2)-(7) place limits on the rates that could be imposed, tying them to Darwin CBD rates bases and imposing maximums on certain categories, and preserving pre-existing exemptions under the Local Government Act 2019 (s 15(2)-(7)).
By-laws and regulatory offences: the Corporation can make by-laws for procedural and precinct-control matters, promotional activities, conduct regulation, fines up to 200 penalty units and the creation of regulatory offences and monetary expiation schemes (s 19).
Ratepayer concepts: the Act defines “nominal owner”, “occupier”, “registered owner” and “principal ratepayer” for an allotment, and specifies joint and several liability between nominal owner and occupier for rates unless the occupier is not designated as principal ratepayer (ss 38, 43-45). The assessment record is a public register of allotments and related rate information, subject to suppression of personal details on request (s 45).
Recovery mechanisms: overdue rates bear interest at the Darwin City Council’s relevant interest rate (s 52). Overdue rates may become an overriding statutory charge on the allotment, registrable with the Registrar-General after specified arrears periods, and registration gives priority over most other interests (ss 61-63). The Corporation can sell allotments for long-standing arrears after statutory notice and advertising processes (ss 64-67).
Governance and oversight: Ministerial directions are binding (s 20). Treasurer approvals are required for specific financial transactions (s 29). The Corporation must follow accounting and reporting obligations modelled on the Corporations Act, prepare annual reports and submit audited financial statements to the Auditor-General (ss 30-32). The CEO administers operations under Corporation direction and staff arrangements are defined (ss 9, 23).
Review and appeal: errors in the assessment record can be corrected under s 47, and an affected person may apply for review to the CEO, who must refer such applications to an administrative review committee for inquiry and recommendation. The Corporation makes the final decision and must provide reasons and advise on further review rights to the Civil and Administrative Tribunal (ss 68-70).
Protection and remedies: members and others are protected from civil and criminal liability for acts done in good faith in the exercise of powers under the Act, without affecting the Territory’s or Corporation’s own liability as would otherwise exist (s 36). The Act also preserves just-terms compensation where operation of the Act would otherwise acquire property other than on just terms (s 71).

These concepts are expressed as statutory mechanics with specific procedural thresholds, notice requirements and monetary restrictions that shape how the Corporation funds and administers the Precinct and how private interests in land are affected.

Identify parties with statutory rights, duties or exposure under the Act, and the concrete ways they are affected:

Property owners and registered owners of land within the Precinct: all land in the Precinct is rateable unless specifically exempted (s 39(1)-(2)). Registered owners may become nominal owners for charging purposes unless the allotment is held under lease or common property rules determine otherwise (s 38). Registered owners may be the recipients of proceeds from sale after payment of liabilities (s 67(1)(c)).
Nominal owners: defined in s 38 as the body corporate for common property, lessees where land is held under lease from the Territory or the Corporation, or otherwise the registered owner. Nominal owners are jointly and severally liable with occupiers for rates (s 43(1)).
Occupiers and tenants: occupiers who are not nominal owners are jointly and severally liable for rates unless the occupier has been designated the principal ratepayer under s 44. Occupiers may apply to be designated principal ratepayers, and that designation can be revoked on application (s 44(3)-(4)). Lessees of Corporation land are not exempt from rates, levies or stamp duty unless another law provides otherwise (s 18(3)).
Principal ratepayers: the person recorded as principal ratepayer in the assessment record is the person to whom rates notices must be given and from whom rates are legally recoverable as a debt; the CEO may designate or accept applications for designation (s 44). Principal ratepayers must notify the CEO of becoming, ceasing, or changing address within 28 days or face a penalty of 20 penalty units (s 46).
Ratepayers generally: persons liable to pay rates, levies or fees under the Act. They are subject to notice and payment regimes, interest on overdue amounts calculated daily at the Darwin City Council’s relevant interest rate, and enforcement including court action, registration of charges and sale of allotments (ss 49-52, 59-67).
Corporations and bodies with registered interests: persons with registered interests in allotments will be notified when an overriding statutory charge is registered (s 62(2)(b)). Registration of the overriding statutory charge has priority over other registered and unregistered encumbrances, except earlier overriding statutory charges (s 63).
The Darwin Waterfront Corporation itself: as owner or controller of land, the Corporation enjoys statutory exemptions from the rates, levy and fee liabilities that it imposes (s 18(1)); it holds, applies and accounts for funds raised and incurs liabilities to undertake functions and services (ss 26-28).
Darwin City Council and other local government or Agency bodies: the Corporation may enter into arrangements with the Darwin City Council or another person for performance of functions, and those arrangements can authorise the Council or person to exercise powers of the Corporation (s 12(3)-(3A)). The relevant interest rate for overdue rates is that fixed by Darwin City Council under the Local Government Act (s 52).
Minister and Treasurer: the Minister appoints members, gives directions enforceable on the Corporation, and must approve acquisition or disposal of real property by the Corporation (ss 6, 20, 21). The Treasurer approves certain borrowing, lending, raising of money and classes of investment, although the Treasurer may specify classes and manners that do not require prior approval (s 29; s 14(2)(a)).
Auditor-General and Registrar-General: the Auditor-General audits and reports on the Corporation’s financial statements within specified periods and the Corporation must include the Auditor-General’s report in the annual report (ss 30-32). The Registrar-General is required to register overriding statutory charges and notify registered interest holders on payment of the appropriate fee, and to cancel registration on application (s 62).
Public Trustee: if the Corporation cannot locate a person entitled to proceeds from sale of an allotment, it may pay the funds to the Public Trustee as unclaimed property; those funds then vest in the Public Trustee (s 67(2)-(3)).
Persons prescribed by regulation: the levy for promotional activities may be imposed only on persons prescribed by regulation (s 16(2)), which means regulations determine who is within the levy base.
Members, CEO and staff: members hold office for up to three years, may be removed under specified grounds, and are protected from civil and criminal liability for acts done in good faith under the Act (ss 6, 10, 36). The CEO, appointed by the Minister on the Corporation’s recommendation, must exercise powers and perform functions under the Corporation’s directions (s 9). Staff members include public sector employees made available by agreement and persons employed by the Corporation (s 23).
The public and event organisers: because the Corporation may stage events, promote the Precinct and exercise by-law powers over access, conduct and use of land and water within the Precinct, event organisers and members of the public are directly affected by the Corporation’s operational and regulatory choices (ss 12, 19).

In short, the Act primarily affects owners, occupiers and those with interests in land within the Precinct, entities who use services in the Precinct, service providers and the Territory’s executive actors who retain oversight and approval powers. These effects are instantiated through assessment records, rates notices, enforcement and sale mechanisms, by-law regimes, and the Corporation’s contractual and commercial activities.

Summarise statutory duties the Corporation owes and private rights created or recognised by the Act, with references to relevant sections.

Corporation's key duties and rights

Duty to perform functions and have regard to Act objects: The Corporation must perform the functions listed in s 12 and must perform them having regard to the objects of the Act (s 12(4)). Functions include development, management, promotional activities, construction works, preserving order, provision of municipal services, and performing any regulatory functions given by regulation (s 12(1)).
Duty to provide municipal services: The Corporation must ensure provision of sanitation, roads, parking, public places, stormwater management, street lighting and maintenance of water features and recreational facilities, among other services specified by regulation (s 13(1)-(2)). Money raised from rates may be applied only to municipal services (s 27(2)).
Right to impose rates, levies and fees: The Corporation may impose rates on land in the Precinct for municipal services (s 15), impose a levy for promotional activities upon persons prescribed by regulation (s 16), and charge fees for services provided by or for the Corporation (s 17). Application of these funds is ring-fenced as to purpose (s 27).
Right to make by-laws: The Corporation may make by-laws not inconsistent with the Act or other Territory laws concerning procedural matters, promotional activities, use and control of the Precinct, conduct regulation, fines up to 200 penalty units and regulatory offences (s 19).
Right to enter land for inspection and works: Staff members may enter land or buildings within the Precinct as required by the Act for inspection or carrying out works, subject to notice and reasonable hours conditions (s 24).
Powers to contract, borrow, invest and form entities: The Corporation may undertake commercial and financial actions to the extent necessary for its functions, including borrowing, lending, investing and forming or participating in corporations or partnerships, subject to Treasurer approval for certain contracts (s 14; s 29).
Rights in recovery: The Corporation may recover rates by court action as a debt (s 59), can seek registration of overdue rates as an overriding statutory charge and register that with the Registrar-General (ss 61-63), and may sell allotments for non-payment subject to specified arrears periods, notices and advertisement (ss 64-66). It may also compound claims and disputes on terms it considers appropriate (s 25).
Duty to maintain records and report: Maintain an assessment record open to public inspection (s 45), keep proper accounts and controls (s 28), prepare annual reports that include Ministerial direction records and audited financial statements (s 30), and provide financial statements to the Auditor-General and submit to audit in the specified timeframes (s 32). Accounting and reporting obligations under the Corporations Act apply as if the Corporation were a public company with the Territory as shareholder (s 31).

Private rights and duties created or recognised

Principal ratepayer designation and notices: Persons designated as principal ratepayers have rights and duties to receive rates notices and to pay rates. Persons who become, cease or change address as principal ratepayers must notify the CEO within 28 days or face a penalty (s 46).
Right to inspect assessment record and suppress personal details: A copy of the assessment record must be available for public inspection at the Corporation’s public office free of charge (s 45(4)), and persons may apply to the CEO to suppress their name or address from the publicly available copy (s 45(5)).
Right to apply for correction and review: Persons may apply for correction of the assessment record on specified grounds (s 47), and a person adversely affected by a decision may apply for review to the CEO within 14 days, after which the matter goes to an administrative review committee and then to final Corporation decision with a right to appeal to the Civil and Administrative Tribunal (ss 68-70).
Rights in relation to sale proceeds: Registered owners are entitled to any surplus proceeds from sale of an allotment after costs and secured liabilities are paid; if the Corporation cannot locate the entitled person, it may pay the amount to the Public Trustee (s 67).
Protections: Members and persons dealing in good faith with the Corporation are afforded protection from civil and criminal liability for acts done in good faith under the Act (s 36), while compensation rights are preserved where the Act would otherwise acquire property other than on just terms (s 71).
Notice and process rights: Ratepayers are entitled to receive rates notices at least 28 days before payment is due, and the Corporation must publish its rate declaration within 21 days and issue the rates declaration on or before 31 July for a financial year (ss 48-49).
Procedural protections in enforcement: Sale of allotments for unpaid rates requires statutory notice to principal ratepayers and other registered interest holders, public advertising of auction, and an opportunity to pay outstanding amounts before sale is executed (ss 65-66).

These duties and rights create an administrative and fiscal framework that allocates municipal responsibilities to the Corporation while preserving procedural and appeal rights for persons affected by assessment and enforcement outcomes.

The Act establishes a spectrum of compliance tools, monetary penalties and enforcement mechanisms with specific procedures and notice requirements.

Monetary penalties and regulatory offences

By-law penalties: By-laws may prescribe a fine not exceeding 200 penalty units for an offence against the by-laws, and may create regulatory offences (s 19(1)(g)-(h)). The regulations may also prescribe fines not exceeding 200 penalty units for regulatory breaches under the regulations (s 72(2)(a)).
Notification offences: Failure by a principal ratepayer to notify the CEO of becoming, ceasing to be, or changing address as principal ratepayer within 28 days attracts a maximum penalty of 20 penalty units, and these are regulatory offences (s 46(1)-(3)).
Rates recovery and interest: Overdue rates accrue interest daily at the relevant interest rate fixed by the Darwin City Council under the Local Government Act 2019 (s 52). The Corporation may remit interest wholly or in part (s 53).

Enforcement mechanisms for rates

Debt action: Rates are recoverable by action as a debt in a court of competent jurisdiction from the principal ratepayer or any other ratepayer for the allotment. Proceedings may be commenced within six years of the rates being imposed (s 59).
Overriding statutory charge: Unpaid rates may become a statutory charge on the allotment once overdue, although Subdivision 3 does not apply to common property (s 60). The charge can be registered as an overriding statutory charge with the Registrar-General after the rates have been in arrears for at least six months (s 62(1)). Registration requires payment of the appropriate fee and notice to registered interest holders (s 62(2)).
Priority of charge: A registered overriding statutory charge has priority over other registered and unregistered mortgages, charges and encumbrances, except previously registered overriding statutory charges (s 63).
Sale of allotment: The Corporation may sell an allotment for non-payment of rates if rates have been in arrears for at least three years and an overriding statutory charge that secured liability for the rates has been registered and registered for at least six months (s 64). Before sale, the Corporation must give specified notice to the principal ratepayer specifying arrears and the period for payment not less than 30 days, and must give copies to other registered interest holders and, where relevant, the Minister administering a lease (s 65). If whereabouts cannot be ascertained, the Corporation may publish notice in a Territory-wide newspaper and leave a copy at the allotment (s 65(4)). Sales must be by public auction, with specified advertising requirements, or by private contract if an auction fails (s 66). Title vests in the purchaser on registration, free from mortgages, charges and encumbrances securing payment of money (s 66(7)-(8)).

Procedural validation and Ministerial power

Validation power: The Minister may, by Gazette notice, declare that rates have been validly declared or declared and levied by the Corporation despite particular procedural non-compliance or other irregularities of a minor or technical nature, and the declaration validates rates from the date of purported declaration (s 51).
Ministerial directions binding: The Minister may give directions for the exercise of any of the Corporation’s powers or performance of functions and the Corporation must comply (s 20). Failure to comply with a direction does not affect the validity of acts done by the Corporation (s 22(1)(b)), and contracts remain valid even if Treasurer approval required by s 14(2)(a) was not obtained (s 22(2)).

Administrative review and tribunal oversight

Correction and review process: An aggrieved person may apply for correction of the assessment record (s 47). A person adversely affected by a decision on such an application may seek review by the CEO within 14 days (s 68). The CEO must refer the application to an administrative review committee which may summarily reject frivolous or vexatious applications, or inquire and recommend remedial actions to the Corporation (s 69). The Corporation makes a final decision and must provide written reasons and advise of rights to apply to the Civil and Administrative Tribunal (s 70). A person may then apply to the Tribunal for review (s 70(4)).

Compounding and settlement

Compounding: The Corporation may compound with parties for amounts it considers appropriate in relation to contracts, threatened or actual legal proceedings by or against the Corporation (s 25). This is a commercial settlement power that allows the Corporation to avoid or resolve disputes without enforcing formal penalties.

Liability protections and compensation

Protection for members and Corporation: Members and persons are not civilly or criminally liable for acts done in good faith in exercising powers or performing functions under the Act, but this protection does not affect liabilities of the Territory or the Corporation that would otherwise exist (s 36).
Acquisition on just terms: Where the operation of the Act would otherwise amount to acquisition of property otherwise than on just terms, the person affected is entitled to compensation from the Territory, enforceable in a competent court (s 71).

These enforcement and penalty mechanisms combine administrative, fiscal, contractual and judicial tools to secure revenue and compliance. The Act sets out layered procedural safeguards for affected persons, such as notice, public advertising, review processes and Tribunal appeal rights, while retaining executive validation and direction powers and statutory immunities for those acting under the Act.

The Act cross-references and operates alongside multiple Territory and Commonwealth statutes, and creates points of interaction that define scope, exemptions and administrative procedures.

Explicit statutory cross-references

Corporations Act 2001: The accounting and reporting obligations imposed on a public company under the Corporations Act apply to the Corporation as if it were a public company and the Territory were the shareholder (s 31). The effect is that financial reporting standards and public company disclosure mechanics are imported into the Corporation’s financial compliance regime.
Unit Titles Act 1975 and Unit Title Schemes Act 2009: The Act’s definitions of “plan”, “scheme”, “unit” and “common property” rely on the Unit Titles Act 1975 (s 3) and the Unit Title Schemes Act 2009 (s 3 and s 37 references are used in definitions). The practical effect is that the treatment of units and common property for rating and assessment purposes is informed by unit title legislation.
Land Title Act 2000: The term “lot” used in Part 3 and the definition of “registered owner” are tied to the Land Title Act 2000 (s 41(3)). This situates the Corporation’s rating jurisdiction in the Land Titles framework.
Planning Act 1999: The definition of “zone” for allotment division purposes references the Planning Act 1999 (s 41(3)), so planning zoning classifications determine some allotment demarcation rules.
Stamp Duty Act 1978: The Corporation is exempt from stamp duty imposed under the Stamp Duty Act 1978 in relation to land it owns or controls in the Precinct (s 18(2)), subject to any contrary provision of Territory law. This exemption reduces transactional tax exposure for land transactions involving the Corporation.
Local Government Act 2019 and related local government legislation: Section 15(5) preserves rate exemptions that land would have enjoyed under the Local Government Act 2019. The relevant interest rate for overdue rates is the rate fixed by the Darwin City Council under s 10 of the Local Government Act 2019 (s 52). The Act also allows arrangements with Darwin City Council for performance of functions, and the Corporation may adopt or incorporate local government by-laws by reference in its by-laws (s 19(2)).
Registrar-General and land registry processes: Registration of overriding statutory charges and cancellation uses the Registrar-General and the land registration system, including statutory notice to registered interest holders (s 62). Registration confers priority in the land title system (s 63).
Public Trustee Act 1979: If the Corporation cannot locate persons entitled to sale proceeds, it may pay into the Public Trustee as unclaimed property, and such payments vest in the Public Trustee under s 59A of the Public Trustee Act (s 67(2)-(3)).
Building Act 1993: The Corporation must conduct a review of its operation within 12 months after an occupancy permit has been issued under the Building Act 1993 for a residential dwelling in the Precinct for the first time (s 37(1)). This creates an operational interaction between building approvals and statutory review triggers.
Civil and Administrative Tribunal: The Act provides a right to apply to the Civil and Administrative Tribunal for review of decisions made under the Act, as indicated in s 70(3)-(4), so Tribunal processes and remedies will be engaged in disputes about assessment record corrections, and related decisions.

Operational and administrative interactions

Delegation and agency arrangements: The Corporation may enter into arrangements with the Darwin City Council or other persons for performance of functions and may permit those bodies to exercise the Corporation’s powers in the arrangement (s 12(3)-(3A)). The Corporation may also delegate powers to members, staff members and committees (s 35). These arrangements create an operational interface with existing municipal and public services.
Financial oversight: The Treasurer’s approval requirement for borrowing, lending, raising money and certain investments (s 29), and the Treasurer’s power to request financial information (s 28(2)), anchor the Corporation’s financial actions within Territory fiscal oversight frameworks.
By-law incorporation: The by-laws may apply, adopt or incorporate with or without change the whole or part of another Act or instrument, including local government by-laws (s 19(2)). This gives the Corporation flexibility to align precinct rules with existing regulatory frameworks.
Exemptions and lessee treatment: The Corporation is exempt from rates, levies and fees that it imposes on land it owns or controls, but lessees are not exempt except where other Territory law provides otherwise (s 18(1), (3)). This shapes lease structuring and tax planning for private developers and tenants within the Precinct.
Ministerial validation: The Minister may validate procedural non-compliance in rate declarations via Gazette notice (s 51). This interacts with administrative law doctrines, but is a statutory mechanism to cure minor defects without invalidating revenue measures.

The Act is therefore constructed to sit within an existing web of Territory statutes that govern land titles, unit titles, planning, building approvals, stamp duty, local government fiscal settings and public trustee processes. The mechanics deliberately cross-reference those statutes to define duties, exemptions and enforcement in land, title and municipal contexts.

This Act has been amended multiple times since assent in 2006. The endnotes and list of amendments in the source supply the amendment chronology and sectional impacts. Key legislative amendments and mechanical effects in the source are:

Darwin Waterfront Corporation Act 2006: Act No. 25 of 2006, assent 19 September 2006, commenced 19 September 2006.
Darwin Waterfront Corporation Amendment Act 2008 (Act No. 1, 2008): Assented 11 March 2008, commenced 11 March 2008. This amendment updated s 12 and s 13 (see list of amendments: s 12 amd No. 1, 2008, s 3; s 13 amd No. 1, 2008, s 4).
Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008): Assent 14 November 2008, commenced 1 July 2008 for s 2. It amended the Act, inter alia, by changing definitions and s 15 (s 3 amd No. 28, 2008, s 8; s 15 amd No. 28, 2008, s 9) and s 19 (s 19 amd No. 28, 2008, s 10), reflecting coordinated reforms with local government laws.
Unit Title Schemes Act 2009 (Act No. 14, 2009): Assented 26 May 2009 and commenced in stages in 2009-2010. It amended s 15 via s 129 (s 15 amd No. 14, 2009, s 129) to align with the unit title scheme regime.
Darwin Waterfront Corporation Amendment Act 2012 (Act No. 10, 2012): Assent 27 April 2012, commenced 1 July 2012. This is a major amendment. Part 3 of the Act, dealing with rates, was inserted by the 2012 amendment (pt 3 hdg ins No. 10, 2012, s 11; ss 38-70 ins No. 10, 2012, s 11). Sections added include comprehensive definitions, assessment record duties, declaration and notice procedures, recovery, registration of charges, sale mechanics and review procedures. Section numbers across Part 3 are the product of the 2012 amendment.
Local Government Amendment Act 2014 (Act No. 19, 2014): Assent 2 June 2014, with commencement for specific sections on 1 July 2014 and 1 December 2014. This Act amends s 3 and s 19 among other provisions (s 3 amd No. 19, 2014, s 26; s 19 amd No. 19, 2014, s 26).
Local Government Legislation Amendment Act 2015 (Act No. 8, 2015): Assent 23 April 2015, with some parts commencing 17 February 2016. This Act amended Part 3, including s 70 (s 70 ins No. 8, 2015, s 80).
Local Government Act 2019 (Act No. 39, 2019): Assent 13 December 2019. It amended s 15, notably aligning certain rate mechanisms and interest references with local government provisions (s 15 amd No. 39, 2019, s 370). The 2019 Act’s commencement schedule affected references to local government provisions used by this Act.
Statute Law Revision Act 2020 (Act No. 26, 2020): Assent 19 November 2020, commenced 20 November 2020, provided general formal amendments across multiple sections (see General amendments note).
Local Government Amendment Act 2021 (Act No. 15, 2021): Assent 25 May 2021, commenced 26 May 2021. It is listed in the endnotes as an amending instrument.

Specific sectional changes listed in the Act’s endnotes include:

s 3, s 5A, s 12, s 13, s 15, s 18, s 19 and others were amended at various times by Acts noted above. The 2012 Amendment Act is the principal instrument inserting Part 3 and substantially expanding rating, recovery and review mechanics.

Transitional provision

Section 73: The Darwin Waterfront Corporation Amendment Act 2012 included transitional provisions preserving application of the amended Act in relation to rates imposed before 1 July 2012, treating those matters as if Part 2 of the Amendment Act had not commenced (s 73). The endnotes define “amended Act” and explain the transitional effect.

Notes on editorial amendments

The endnotes record general formal amendments made by the Interpretation Legislation Amendment Act 2018 to several sections of the Act for form, without policy changes noted in the source.

Readers should consult the specific amending Acts for precise drafting changes to each section for historical tracing. The endnotes provide a sectional map showing which amending Act altered which provision. The 2012 Amendment is the most substantial structural change, introducing Part 3’s rating and recovery framework.

The Act and the source provided do not list or cite any judicial decisions or litigation arising under the Darwin Waterfront Corporation Act 2006. The statutory text contains no recorded case law, and the endnotes list amending legislation and formal amendments only. The Act creates internal administrative review channels culminating with a right to apply to the Civil and Administrative Tribunal (ss 68-70), and preserves access to courts for debt recovery and compensation claims (ss 59, 71), but the source includes no reported litigation history or case citations to analyse.

Practitioners seeking case law should therefore not rely on the Act text alone for precedent. They must search tribunal and court databases for decisions interpreting the Act, the Corporation’s by-laws, rating practices, registration of overriding statutory charges, sale processes under ss 64-66, and Ministerial or Treasurer approval disputes. The Act’s provisions that may attract litigation include:

Challenges to assessment record entries and principal ratepayer designations, given the appeal path to the Civil and Administrative Tribunal (ss 47, 68-70).
Disputes over validity of rate declarations and the Minister’s use of s 51 to validate procedural irregularities in declarations.
Challenging sale processes or registrations of overriding statutory charges, including priority disputes under s 63.
Compensation claims under s 71 where operation of the Act is argued to effect an acquisition other than on just terms.

No cases are named in the source; therefore any litigation developments must be sought outside the Act text.

Highlight statutory provisions that create practical risks, counter-intuitive outcomes, compliance traps and decision points that often generate disputes.

Ministerial directions and validation coexist with validity protection

The Minister may direct the Corporation and those directions are binding (s 20). However, if the Corporation fails to comply with a direction or obtain Treasurer or Minister approvals, the Act expressly preserves the validity of the Corporation’s acts and contracts despite the non-compliance (s 22(1)-(2)). This produces the counter-intuitive result that statutory invalidity is not a tool to unwind acts done without required approvals; the remedy for non-compliance lies in administrative or political oversight, not automatic invalidation. Practitioners should note that s 22 preserves contractual validity even when Treasurer approval for borrowing or similar is not obtained (s 22(2)).

Corporation exempt but lessees not necessarily exempt

Section 18(1) exempts the Corporation from rates, levies and fees it imposes on land it owns or controls and from Stamp Duty Act liabilities (s 18(1)-(2)). However, s 18(3) clarifies that a lessee of land owned by the Corporation is not exempt unless another Territory law provides otherwise. Lease drafting must therefore account for tax and rate liabilities that lessees will carry, and commercial arrangements should clearly allocate these costs.

Pre-2020 rate limits still present in the text

The Act contains a now time‑limited constraint on rates in s 15(2)-(7) that refers to “before the end of 2020” and ties rate bases to Darwin CBD rates and a 20% cap on certain rate applications. The presence of this dated mechanism in the printed text requires attention; practitioners should confirm whether subsequent amendments altered these mechanics, because the Act as provided retains those transitional constraints. This creates potential traps if relying on the statutory text without checking current forms.

Different treatments for common property

Subdivision 3 (overriding statutory charge) does not apply to common property (s 60). That means the ability to register an overriding statutory charge and pursue sale for arrears is curtailed where rates are imposed on common property, and alternative recovery routes may be necessary. Yet s 15(6) permits rates on common property of plans and schemes, so the treatment depends on whether the charge regime applies. Practitioners should track whether an allotment is common property because enforcement mechanics differ.

Effect of registration mechanics and time thresholds

The charge registration requires rates in arrears for at least six months before the Corporation may apply for registration (s 62(1)). Sale of an allotment requires that rates be in arrears for at least three years and that an overriding statutory charge has been registered over the allotment for at least six months (s 64). These distinct time thresholds require careful calendar management; prematurely attempting registration or sale can be procedurally defective.

CEO discretion and principal ratepayer designation

The CEO may designate principal ratepayers where multiple people could be principal ratepayers or on application by an occupier (s 44(2)-(3)). This centralises an important practical decision in the CEO’s office. The designation affects who receives notices, who is liable, and who may be subject to enforcement. There is an internal review route for adverse decisions, but the initial administrative power is concentrated.

Publication and notice timing do not invalidate

Failure to meet publication or notice time limits for rate declarations and rates notices does not invalidate the declaration or rates notice (ss 48(4), 49(4)). This reduces procedural risk of entire revenue streams being declared void by missed publication deadlines, but shifts the remedial focus away from technical procedural challenges.

Interest rate reference external to the Act

Section 52 adopts a reference to the Darwin City Council’s relevant interest rate under s 10 of the Local Government Act 2019. Practitioners must therefore track the local government instrument fixing the interest rate, as it determines the rate of accrual for overdue sums. Changes in local government interest policy will indirectly alter the Corporation’s enforcement costs and outcomes.

By-law incorporation risk

By-laws may apply or incorporate other Acts, including local government by-laws, with or without changes (s 19(2)). This can produce complexity where the Corporation’s by-laws cross-adopt external legal regimes; careful drafting and public communication of by-laws is necessary to avoid uncertainty about applicable rules.

Protection for members but not for the Territory

Members and persons are protected from civil and criminal liability for acts done in good faith under the Act (s 36(2)-(3)), but subsection (4) preserves any liability the Territory or the Corporation may have apart from that protection. This means individuals acting for the Corporation have a shield for good faith actions, but organisational liabilities and compensation obligations under s 71 remain enforceable.

Interaction with unit title and scheme rules

The Act’s definitions and rating rules for units and common property reference unit title legislation (s 3, s 41). Where unit titles or schemes exist, rating and enforcement must be reconciled with those regimes, and the body corporate may be the nominal owner and ratepayer for common property, which changes recovery and notice mechanics (s 38).

Treasurer approvals can be bypassed in validity terms but not in oversight terms

Although s 22(1) says the validity of acts is not affected by failure to obtain Treasurer approval required by s 14(2)(a), the Treasurer retains the power to specify classes of transactions for which approval is not required (s 29(2)). Relying on presumed retrospective validation is risky: the legal validity may stand, but financial oversight, political consequences or internal Treasury directions can still enforce compliance.

These gotchas are concrete procedural or structural risks that should be managed through careful governance, clear lease and contract drafting, calendar controls for notice and arrears thresholds, and close coordination with the Darwin City Council and Territory agencies.

Practical compliance checklist and operational mechanics, with references to statutory requirements and timings.

Governance and appointments

Ensure Ministerial appointments and term lengths conform to s 6: Corporation must have 3-7 members appointed by the Minister, each holding office for up to 3 years (s 6(1)-(2)). The Minister must appoint a member other than the CEO as chairperson (s 6(3)).
Maintain a register of members’ interests and ensure disclosure at meetings as required by s 34. Record disclosures in minutes and manage conflicts through resolution mechanisms provided (s 34(1)-(4)).

CEO and staff arrangements

CEO appointment: the Minister must appoint a person recommended by the Corporation, and the CEO must act under the Corporation’s directions (s 9(1), (4)). Clearly document the recommendation and the CEO’s terms.
Staff: ensure employment terms for staff members are decided by the Corporation and enter into any public sector secondment agreements with the Commissioner for Public Employment where relevant (s 23). Ensure staff are aware of their limited power to enter land and the notice requirements for such entry (s 24).

Public office and accessibility

Maintain a public office open at reasonable times determined by the Corporation (s 5A(1)-(2)). Ensure the assessment record is available for inspection free of charge at that office (s 45(4)).

Accounting, audit and reporting

Apply the Corporations Act public company accounting and reporting obligations as if the Territory were the shareholder (s 31).
Keep proper accounts and internal controls, maintain records of transactions and financial affairs, and comply promptly with any Treasurer requests for financial information (s 28).
Prepare annual report with record of Ministerial directions for the year, financial statements prepared under s 31, and the Auditor-General’s report, and give the report to the Minister within one month of receiving the Auditor-General’s report or another period set by the Minister. The Minister must table the report in the Legislative Assembly within six sitting days of receipt (s 30).
Provide financial statements to the Auditor-General within two months after the end of the financial year or another period specified by the Minister (s 32(1)). Ensure the Auditor-General’s audit and report are obtained within the statutory timeframes (s 32(3)).

Treasurer and Minister approvals

Seek Treasurer approval before entering contracts for borrowing, lending, raising money in manner not excluded by s 29(2), or investing in a class not excluded by s 29(2) (s 29(1)). Where the Treasurer has specified manners or classes that do not require approval in writing, document reliance on that specification (s 29(2)).
Obtain Ministerial approval before acquiring or disposing of any real property or interest in real property (s 21).
Expect and be prepared to comply with Ministerial directions on exercise of powers and performance of functions (s 20). Record all directions and compliance steps in the annual report as required (s 30(2)(a)).

By-laws

When making by-laws, ensure they are not inconsistent with the Act or other Territory laws (s 19(1)). If incorporating other Acts or instruments, ensure the incorporation is documented and the public notified appropriately (s 19(2)).
If prescribing fines, do not exceed 200 penalty units per s 19(1)(g). Where making offences regulatory, ensure procedural schemes for expiation or payment instead of prosecution are carefully drafted to meet s 19(1)(i) requirements.

Rates, levies and fees administration

Declare rates for each financial year on or before 31 July (s 48(1)); the declaration must state the basis of rates, instalment structure, and any prompt-payment discounts or concessions (s 48(2)).
Publish the declaration within 21 days on the Corporation’s website and in a newspaper circulating in the Precinct (s 48(3)). Note that failure to publish does not invalidate the declaration (s 48(4)), but timely publication reduces disputes.
Issue rates notices at least 28 days before payment is due to the principal ratepayer (or other ratepayer if impracticable) and include required information on due dates, discounts and conditions (s 49).
If allowing instalments, apply the instalment rules in s 50 and have a hardship relief policy to address failures to pay instalments as permitted by s 50(2).
Maintain the assessment record with required fields for each allotment, including owner, nominal owner, principal ratepayer and use classification, and ensure a copy is available for public inspection with suppression available on request (s 45). Accept and process correction applications per s 47.
Ensure rates funds are applied only for municipal services (s 27(2)), levy funds only for promotional activities (s 27(3)), and fee income only for the relevant services (s 27(4)).
For levies and fees, ensure enabling regulations and by-laws prescribe the levy base, maximum amounts and fee regimes as required by s 16(2)-(4) and s 17(2).

Recovery procedures

Implement an arrears management process consistent with timing in the Act: interest accrues daily at the Darwin City Council relevant rate, and the Corporation may remit interest (ss 52-53). Monitor local government interest rate changes.
After six months arrears, the Corporation may apply to the Registrar-General to register the overriding statutory charge (s 62(1)). Pay the required fees and arrange notification to registered interest holders (s 62(2)).
Do not attempt sale under s 64 until rates have been in arrears for at least three years and an overriding statutory charge has been registered and registered for at least six months (s 64).
Before sale, issue the required notices to the principal ratepayer and other registered interest holders, allow at least 30 days for payment, and publish notices and advertising as required (s 65-66). Call off sale if outstanding amounts paid before auction date (s 66(5)). Apply proceeds per s 67.

Administrative review and appeals

Establish an administrative review committee to handle correction and review applications as required by s 69. Keep procedures for summary rejection of frivolous or vexatious applications, formal inquiry steps, and recommendation formats clear and consistent with s 69(2)-(3).
Ensure final decisions include written reasons and advice about Tribunal review rights as required by s 70(3).

Records, notices and timelines

Calendar and monitor critical time periods:
- Declare rates by 31 July (s 48(1)).
- Publish declaration within 21 days (s 48(3)).
- Issue rates notices at least 28 days before due date (s 49(1), (3)(e)).
- Principal ratepayer notifications within 28 days of change (s 46).
- Register overriding statutory charge after six months arrears (s 62(1)).
- Sale permitted only after three years arrears and six months registered charge (s 64).
- Annual report deadlines tied to Auditor-General’s report (s 30(3)) and Auditor’s audit deadlines (s 32).

Contracts and disposals

For contracts involving borrowing, lending, raising money or investment, secure Treasurer approvals where required, or rely on written specifications that obviate the need for approval (s 29). For acquisition or disposal of real property obtain Minister approval in accordance with s 21.

Training and communication

Train Corporation staff and contractors on entry rules for land inspections (s 24), by-law enforcement powers and the expiation/payment in lieu mechanisms (s 19(1)(i)).
Communicate clearly with property owners, bodies corporate and tenants about rates, levy and fee obligations, and publish accessible guidance on assessment record access, correction mechanisms, review pathways and the sale process.

Legal advice and dispute readiness

Seek legal advice prior to registering charges and commencing sale proceedings, ensure notices are accurate and properly served, and document decision-making to withstand administrative review and Tribunal scrutiny, particularly in principal ratepayer designation, correction decisions and by-law enforcement.

Following these steps aligns operational practice with statutory requirements in the Act and minimises litigation, compliance risk and public complaint.

Darwin Waterfront Corporation Act 2006

Plain English Summary

Deep Dive

What it does

Current sections

Darwin Waterfront Corporation Act 2006

Source text: opening excerpt

1 Darwin Waterfront Corporation Act 2006

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply