Land Development Corporation Act 2003 (Northern Territory)

Mechanically, the Land Development Corporation Act 2003 establishes a statutory body, the Land Development Corporation, as a corporation sole (s 4(1)-(2)). The corporation is the Chief Executive Officer appointed by the Minister (s 5(1)-(2)), and that person acts as the accountable officer under the Financial Management Act 1995 (s 10(3)). The Act gives the Corporation a defined set of land development and management functions (s 6) and a broad suite of powers to acquire, hold, manage, develop, sell and regulate use of land and associated facilities (s 7). The Corporation can negotiate contracts, enter joint ventures or partnerships and raise money, subject in specified cases to the Treasurer's written approval (s 7(2), (3)). Existing assets of the Trade Development Zone Authority vest in the Corporation on commencement (s 26).

Operational governance mechanics include: the Minister may give directions to the Corporation and those must be tabled in the Legislative Assembly within six sitting days (s 8(1)-(2)); the Corporation is required to act in a commercial manner unless directed otherwise by the Minister (s 9(1)-(3)); the Treasurer can request financial information at any time and the Corporation must comply (s 31(1)-(2)); and the Corporation is an “Agency” for the Public Sector Employment and Management Act 1993 and the Financial Management Act 1995 (s 10(1)-(2)). The Corporation must keep proper accounts and report to the Minister on financial performance and material matters that significantly affect operations (s 29-30), and prepare an annual report including copies of any directions given under s 8 (s 32(1)-(3)).

Regulatory and land-use control tools are delegated to the Corporation. It may make by‑laws governing access, conduct, vehicles, animals, traffic, security and other matters on Corporation land, and impose penalties for breaches (s 33-35). By-law penalties are expressly recoverable as a debt due to the Corporation (s 36). The Act also enables contractual civil penalties to be included in agreements to which the Corporation is a party and treats such amounts as a debt due to the Corporation even where no damage is shown (s 40(1)-(3)). The Corporation may also be granted estates in fee simple in Crown land or leases under the Crown Lands Act 1992, with grant notices required to be published in the Gazette (s 27(1)-(2)).

NORTHERN TERRITORY OF AUSTRALIA LAND DEVELOPMENT CORPORATION ACT 2003 As in force at 13 November 2014 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3A Application of Criminal Code ........................................................... 3 Part 2 Land Development Corporation 4 Establishment of Corporation .......................................................... 3 5 Composition of Corporation ............................................................. 3 6 Functions of Corporation ................................................................. 3 7 Powers of Corporation ..................................................................... 4 8 Minister may give Corporation directions......................................... 5 9 Corporation to take commercial approach ....................................... 5 10 Corporation an Agency .................................................................... 6 11 Corporation excluded matter under Corporations Act 2001 ............. 6 12 Delegation ....................................................................................... 6 Part 3 Advisory Board Division 1 Establishment and membership of Board 13 Establishment of Advisory Board ..................................................... 7 14 Function of Board ............................................................................ 7 15 Duration of appointment of ordinary member .................................. 7 16 Vacation of office of ordinary member ............................................. 7 17 Termination of appointment of ordinary member ............................. 7 22 Disclosure of interests by members................................................. 8 Division 2 Procedures of Board 23 Convening of members of Board ..................................................... 9 24 Meetings of Board ........................................................................... 9 25 Procedure of Board ......................................................................... 9 Part 4 Property, finance and reports 26 Certain property vests in Corporation .............................................. 9 27 Acquisition of estates in fee simple in Crown land by Corporation .................................................................................... 10

Land Development Corporation Act 2003 ii 28 Money of Corporation .................................................................... 10 29 Proper accounts to be kept etc. ..................................................... 10 30 Corporation to report to Minister regarding financial position of Corporation .................................................................................... 11 31 Provision of financial information to Treasurer............................... 12 32 Annual report of Corporation ......................................................... 12 Part 5 By-laws 33 Power to make by-laws ................................................................. 12 34 Subject matter of by-laws .............................................................. 12 35 Application of by-laws .................................................................... 13 36 Recovery of penalties imposed under by-laws .............................. 14 37 Section 57 of Interpretation Act 1978 does not apply to by- laws ............................................................................................... 14 38 Proof of by-laws and suspension of by-laws .................................. 14 Part 6 Miscellaneous 39 Appointment of staff ....................................................................... 14 40 Civil penalties ................................................................................ 15 41 Validity of procedures and actions of Corporation ......................... 15 42 Protection from liability .................................................................. 15 43 Form and execution of documents by Corporation ........................ 16 44 Regulations.................................................................................... 16 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 13 November 2014

LAND DEVELOPMENT CORPORATION ACT 2003 An Act to establish a statutory corporation to develop and manage land for use by new and existing industries in the Territory, for use for residential developments and for associated activities, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Land Development Corporation Act 2003. 2 Commencement This Act comes into operation on 1 July 2003. 3 Definitions In this Act: Board means an Advisory Board established under section 13. Chief Executive Officer, see section 3(1) of the Public Sector Employment and Management Act 1993. co-development land means: (a) land declared as co-development land in an agreement between the Corporation and a person who: (i) owns or leases the land; or (ii) is a mortgagee in possession of the land; or (iii) occupies the land under a licence; or (b) land declared under the regulations as co-development land.

Part 1 Preliminary Land Development Corporation Act 2003 2 community amenities, areas or facilities includes health care facilities, child care facilities, aged care facilities, parks, open spaces, community centres, civic centres, halls, libraries, sporting facilities and transport facilities. Corporation means the Land Development Corporation established under section 4. Corporation land means land owned or leased by, occupied under a licence by, vested in or otherwise acquired by or under the control or management of the Corporation. industrial businesses includes other businesses usually associated with providing goods or services to industrial businesses or persons who work at or visit industrial businesses. land includes: (a) rivers, creeks, streams, watercourses, channels, lakes and lagoons on land; and (b) inland and coastal waters. member, in relation to a Board, means the person appointed to be the Corporation or an ordinary member of the Board. ordinary member means a member who is not the person appointed to be the Corporation under section 5(2). project land means Corporation land or co-development land. residential developments means: (a) developments of residential accommodation of any kind; or (b) developments of any of the following to the extent they are associated with developments mentioned in paragraph (a): (i) community amenities, areas or facilities; (ii) commercial or retail areas or facilities. Examples for paragraph (b) 1 A shopping precinct on the ground floor of a large apartment building. 2 A free standing gymnasium and a swimming pool in a suburban development of single dwellings. staff means the persons who are employed or engaged by the Corporation.

Part 2 Land Development Corporation Land Development Corporation Act 2003 3 vehicle means any means of transport whether self propelled or not and whether used on land or sea or in the air. 3A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 3A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Land Development Corporation 4 Establishment of Corporation (1) The Land Development Corporation is established. (2) The Corporation: (a) is a corporation sole; (b) has a common seal; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Corporation affixed to a document and are to assume that it was duly affixed. 5 Composition of Corporation (1) The Corporation consists of a Chief Executive Officer. (2) The Minister must, in writing, appoint a Chief Executive Officer to be the Corporation. 6 Functions of Corporation The functions of the Corporation are: (a) to develop and promote project land for use by industrial businesses; and (b) to develop and promote project land for use for residential developments; and

Part 2 Land Development Corporation Land Development Corporation Act 2003 4 (c) to undertake residential developments on project land; and (d) to provide services, facilities and general assistance to facilitate: (i) the establishment and conduct of industry on project land; and (ii) the use of project land for residential developments; and (e) to carry out or facilitate other activities associated with the development, management or use of project land. 7 Powers of Corporation (1) Subject to this Act or an instrument of a legislative or administrative character made under this Act, the Corporation has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions. (2) In particular, the Corporation has power to: (a) negotiate and enter into contracts, agreements, schemes and arrangements; and (aa) form partnerships and enter into joint ventures and other arrangements for sharing profits; and (ab) borrow money or raise money otherwise than by borrowing (including from outside the Territory or Australia); and (b) purchase, lease or otherwise acquire and hold real or personal property; and (c) sell, grant leases of or otherwise dispose of real or personal property; and (d) acquire, hold and dispose of rights, privileges, permits, licences and authorities; and (e) occupy, use, control and manage land or a building; and (f) erect buildings and construct wharves, roads, railways, pipelines, bridges or other facilities; and (fa) erect and construct community amenities, areas or facilities; and (g) purchase, lease or hire plant, machinery, equipment or other things for the purpose of conducting its functions; and

Part 2 Land Development Corporation Land Development Corporation Act 2003 5 (h) impose and collect fees and charges for or in respect of use of Corporation land or a facility on that land; and (i) accept, hold and enforce undertakings, indemnities, bonds or securities protecting it against loss; and (j) regulate and prohibit the conduct of persons on its land and set the conditions on which persons may enter or be excluded from a part or parts of Corporation land; and (k) regulate and prohibit the presence, use and removal of vehicles and animals on Corporation land or a part of the land; and (l) employ or engage staff, engage consultants and appoint agents and attorneys; and (m) charge for work, services, goods and information done, supplied or published by the Corporation and for admission on to Corporation land; and (n) perform any other functions imposed on it under this Act. (3) The Corporation may exercise a power involving it doing either of the following only if it has the written approval of the Treasurer to do so: (a) forming a partnership, or entering into a joint venture or other arrangement for sharing profits; (b) borrowing money or raising money otherwise than by borrowing. 8 Minister may give Corporation directions (1) In performing its functions and exercising its powers, the Corporation is subject to the directions of the Minister. (2) The Minister must lay before the Legislative Assembly a copy of a direction given under subsection (1) within 6 sitting days of the Assembly after giving the direction. (3) A copy of a direction given under subsection (1) in a financial year is to be included in the Corporation's report for the year prepared under section 32. 9 Corporation to take commercial approach (1) Subject to this Act, the Corporation must act in a commercial manner.

Part 2 Land Development Corporation Land Development Corporation Act 2003 6 (2) The Minister may direct the Corporation under section 8 to act in a manner other than a commercial manner. (3) If the Minister directs the Corporation to act in a manner that is not commercial, the Minister must specify in the direction the manner in which the Corporation must act. 10 Corporation an Agency (1) The Corporation is an Agency for the purposes of the Public Sector Employment and Management Act 1993 and the Financial Management Act 1995. (2) Subsection (1) applies whether or not the Corporation is nominated in the Administrative Arrangements Order as an Agency for the purposes of either the Public Sector Employment and Management Act 1993 or the Financial Management Act 1995 or for the purposes of both of those Acts. (3) The person appointed to be the Corporation under section 5: (a) is the Chief Executive Officer of the Corporation; and (b) is the accountable officer within the meaning of the Financial Management Act 1995 of the Corporation. 11 Corporation excluded matter under Corporations Act 2001 The Corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation. 12 Delegation (1) The Corporation may, in writing, delegate to a person or body any of its powers or functions under this Act, other than this power of delegation. (2) If the Corporation delegates to a body and there is a change in the membership of the body, the delegation continues in force as a delegation of the power or function to the body as newly constituted unless the Corporation expressly revokes or varies the instrument of delegation.

Part 3 Advisory Board Division 1 Establishment and membership of Board Land Development Corporation Act 2003 7 Part 3 Advisory Board Division 1 Establishment and membership of Board 13 Establishment of Advisory Board (1) The Minister may establish an Advisory Board to perform the functions mentioned in section 14. (2) A Board consists of the person appointed to be the Corporation and not more than 4 ordinary members appointed by the Minister. 14 Function of Board The function of a Board is to advise the Corporation on any matter relating to the activities of the Corporation that the Minister or the Corporation refers to the Board. 15 Duration of appointment of ordinary member (1) An ordinary member holds office for the period specified in the instrument of appointment of the member. (2) An ordinary member is eligible for re-appointment. 16 Vacation of office of ordinary member A person ceases to be an ordinary member if: (a) the person's term of office expires and the person is not re-appointed; or (b) the person resigns by giving written notice to the Minister. 17 Termination of appointment of ordinary member (1) The Minister may terminate the appointment of an ordinary member on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of an ordinary member if the member knowingly contravenes section 22.

Part 3 Advisory Board Division 1 Establishment and membership of Board Land Development Corporation Act 2003 8 (3) An ordinary member's appointment terminates on either of the following occurring: (a) the member 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; (b) the member is found guilty: (i) by a court in the Territory of an offence punishable by imprisonment for 12 months or more; or (ii) by a court outside the Territory of an offence which, if committed against a law in force in the Territory, would be an offence punishable by imprisonment for 12 months or more. (4) A termination of an appointment under subsection (1) or (2) must be in writing and a copy must be given to the member. 22 Disclosure of interests by members (1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by a Board, the member must disclose the nature of the interest to a meeting of the Board as soon as practicable after the relevant facts come to the member's knowledge. (2) The disclosure is to be recorded in the Board's minutes. (3) Subject to a resolution of the Board to the contrary, a member who has made a disclosure under subsection (1): (a) must not, while the member has the interest, take part in any deliberation or decision of the Board relating to the matter in which the member has the interest; and (b) is to be disregarded for the purpose of constituting the quorum of the Board for the purpose of any deliberation or decision of the Board relating to the matter in which the member has the interest. (4) The resolution of the Board to the contrary is to be deliberated and voted on in the absence of the member.

Part 4 Property, finance and reports Land Development Corporation Act 2003 9 Division 2 Procedures of Board 23 Convening of members of Board (1) The members of a Board must meet as often as is necessary to perform its functions. (2) The Minister may, in writing, direct a Board to meet. 24 Meetings of Board (1) The person appointed to be the Corporation or, in that person's absence, the ordinary member elected by the ordinary members present from amongst their number, must preside at a meeting of a Board. (2) Each member present at a meeting has one vote. (3) Questions arising at a meeting of the Board are to be determined by a majority of the votes of the members present and, in the event of an equality of votes, the person presiding over the meeting has a casting vote. (4) At a meeting of the Board, the number of members that is equal to half of the members plus one constitutes a quorum. 25 Procedure of Board (1) Unless otherwise prescribed, the procedures of the Board are to be determined by a Board. (2) The Board must keep a record of all its meetings and other proceedings. Part 4 Property, finance and reports 26 Certain property vests in Corporation (1) On the commencement of this Act, all estates and interests in property, real and personal, and rights held by the Trade Development Zone Authority within the meaning of the Trade Development Zone Act 1985 immediately before the commencement of this Act vest in the Corporation, subject to any liabilities, charges, obligations, conditions, terms or trusts affecting the estates or interests.

Part 4 Property, finance and reports Land Development Corporation Act 2003 10 (2) On the commencement of this Act, all levies, fees, charges, interest, debts or money payable to and recoverable by the Trade Development Zone Authority become payable to and recoverable by the Corporation. 27 Acquisition of estates in fee simple in Crown land by Corporation (1) The Corporation may be granted an estate in fee simple in Crown land, or a lease of Crown land, under the Crown Lands Act 1992. (2) If the Corporation is granted land in accordance with subsection (1), the Minister must give notice of the grant by notice in the Gazette. 28 Money of Corporation (1) The money of the Corporation consists of: (a) money that is appropriated for its purposes; (b) money received as grants; (c) money received in performing its functions and exercising its powers; and (d) any other money that from time to time becomes available for use by the Corporation. (2) The money of the Corporation is only to be applied for the purposes of the Corporation. 29 Proper accounts to be kept etc. The Corporation must ensure that: (a) proper accounts and records of the transactions and affairs of the Corporation are kept; (b) there are adequate controls over the incurring of liabilities of the Corporation; (c) all payments out of the money of the Corporation are correctly made and properly authorised; and (d) adequate control is maintained over the property of or in the custody, control and management of the Corporation.

Part 4 Property, finance and reports Land Development Corporation Act 2003 11 30 Corporation to report to Minister regarding financial position of Corporation (1) If the Corporation: (a) considers that a matter is affecting its operations in such a way that hinders, prevents or otherwise adversely affects to a significant degree its performance of its functions or its financial position; or (b) expects a matter to affect its operations in such a way that will hinder, prevent or otherwise adversely affect to a significant degree its performance of its functions or its financial position, the Corporation must, as soon as practicable after becoming aware of the matter, inform the Minister in writing of: (c) the matter; (d) the reasons why it considers that the matter is affecting, or will affect, its performance or its financial position; and (e) the effect the matter is having, or the likely effect the matter will have, on its performance or its financial position. (2) The Corporation must, in writing, report to the Minister in respect of each financial year or other reporting period determined by the Minister about its financial performance during that period and its expected financial performance during the next 2 reporting periods. (3) The report under subsection (2) is to at least: (a) specify the financial performance targets of the Corporation for the reporting period, identify the targets the Corporation achieved and the targets it exceeded, identify the targets it did not achieve and specify the reasons why it did not achieve them; (b) detail the financial performance objectives of the Corporation for the next 2 reporting periods and include details of: (i) the projected nature and scope of its activities for those periods, including material contracts and terms and conditions of any lease or sale or purchase of real property; (ii) its financial projections for those periods; and (iii) the likely financial risks for the Corporation and its strategies to minimise the risks; and

Part 5 By-laws Land Development Corporation Act 2003 12 (c) contain any other information the Minister requires. (4) The Corporation must give the report under subsection (2) to the Minister within 3 months after the end of the reporting period it refers to. 31 Provision of financial information to Treasurer (1) The Treasurer may at any time request the Corporation to provide the Treasurer with the information that the Treasurer considers will enable him or her to accurately assess the financial affairs of the Corporation. (2) The Corporation must comply with the Treasurer's request. 32 Annual report of Corporation (1) At the end of each financial year the Corporation must prepare a report on the administration of this Act and the operations of the Corporation during the financial year. (2) The report is to include a copy of any directions and reasons for directions given to the Corporation, and any objections to the directions made by the Corporation, under section 8 during the financial year. (3) The Corporation must forward a copy of the report to the Minister by 30 November following the end of the financial year. (4) The Minister must lay a copy of the report before the Legislative Assembly within 6 sitting days of the Legislative Assembly after receiving the report. Part 5 By-laws 33 Power to make by-laws (1) The Corporation may make by-laws relating to the management of Corporation land. (2) The Corporation may not make a by-law that is inconsistent with this Act, or any other Act or any regulations, or that is unlawful. 34 Subject matter of by-laws (1) The by-laws may provide for the following: (a) the regulation or prohibition of access to or use of Corporation land or buildings on the land of the Corporation;

Part 5 By-laws Land Development Corporation Act 2003 13 (b) the regulation or prohibition of the conduct of persons on Corporation land or in a building on the land; (c) the regulation or prohibition of the presence or use of vehicles or animals on Corporation land or in a building on the land and provide for the removal, impounding or disposal of such vehicles or animals; (d) the regulation of vehicular or pedestrian traffic on Corporation land; (e) the parking of vehicles or the erection, form of or markings on traffic signs or directions on Corporation land; (f) the security or general facility of the Corporation land; (g) penalties not exceeding 2 penalty units for offences against the by-laws. (2) A by-law may provide for matters of regulation or prohibition, either absolutely or conditionally or in relation to a class of acts, matters or things or a situation or other circumstance. (3) A by-law may: (a) authorise a member of the staff or other person to do an act or thing (including the giving of directions by a member of the staff or other person); or (b) provide that an act or thing is to be done with the approval of a member of the staff or other person. 35 Application of by-laws (1) A by-law may apply to: (a) the whole or a specified part of the Corporation land; or (b) a specified class of persons or circumstances. (2) The Corporation may, in the manner prescribed by the Regulations, suspend the operation of a by-law: (a) for a specified period; (b) on the whole or a specified part of the land of the Corporation; or (c) in relation to a specified class of persons or circumstances.

Part 6 Miscellaneous Land Development Corporation Act 2003 14 36 Recovery of penalties imposed under by-laws (1) If a penalty is imposed on a person as a result of a prosecution for an offence committed against a by-law, or a penalty is payable under an infringement notice in lieu of prosecution of an offence committed or allegedly committed against a by-law, the penalty may be recovered by the Corporation as a debt due and payable to the Corporation by the person on whom it is imposed. (2) Subsection (1) does not affect the operation of the Fines and Penalties (Recovery) Act 2001. 37 Section 57 of Interpretation Act 1978 does not apply to by-laws Section 57 of the Interpretation Act 1978 does not apply to the by-laws. 38 Proof of by-laws and suspension of by-laws (1) In any proceedings, the production of: (a) a copy of a by-law purporting to be a true copy of the by-law on which the Corporation's common seal is affixed and which is certified as a true copy of the by-law and signed by a person authorised by the Corporation to do so; and (b) the Gazette in which notification of the making of the by-law is published, is conclusive evidence of the by-law having been made and the contents of the by-law. (2) In any proceedings, the production of a copy of the notice (if any) required by the Regulations to be given in relation to the suspension of a by-law purporting to be a true copy of the notice on which the Corporation's common seal is affixed, and which is certified as a true copy of the notice and signed by a person authorised by the Corporation to do so, is conclusive evidence of the suspension of the by-law. Part 6 Miscellaneous 39 Appointment of staff In addition to employees employed under the Public Sector Employment and Management Act 1993, the Corporation may, on the terms and conditions it considers appropriate, employ any other persons it considers necessary for the purposes of the Corporation.

Part 6 Miscellaneous Land Development Corporation Act 2003 15 40 Civil penalties (1) An agreement to which the Corporation is a party may provide that, if a party other than the Corporation is in breach of an obligation under the agreement, that party is required to pay to the Corporation by way of a civil penalty for the breach the amount determined in accordance with the agreement. (2) The agreement may also provide that the amount of the civil penalty is to increase over the period during which the obligation continues by a further amount determined in accordance with the agreement. (3) A civil penalty payable under this section is a debt due to the Corporation by the party concerned despite the following: (a) that neither the Corporation or any other person (whether a party to the agreement or not) suffered damage as a result of the breach; (b) that the amount of the civil penalty is unrelated to the extent of any damage that the Corporation or any other person (whether a party to the agreement or not) may have suffered as a result of the breach. 41 Validity of procedures and actions of Corporation A procedure of the Corporation, or an act or thing done by a delegate of the Corporation, is not invalid by reason only of any of the following: (a) a defect in the appointment of a person to be the Corporation; (b) a defect in a delegation by the Corporation. 42 Protection from liability (1) This section applies to a person who is or has been: (a) a person appointed to be the Corporation; or (b) a member of the staff. (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.

Part 6 Miscellaneous Land Development Corporation Act 2003 16 (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, or the performance or purported performance of a function, under this Act. (4) Subsections (2) and (3) do not affect any liability the Territory would, apart from those subsections, have for the act or omission. 43 Form and execution of documents by Corporation (1) A deed, instrument, contract or agreement relating to any property or matter that, if made or executed by an individual, would by law be required to be in writing under seal may be made on behalf of the Corporation in writing under its common seal. (2) An instrument, contract or agreement relating to any property or matter that, if made by or between individuals, would be required to be in writing signed by the parties to it may be made or entered into on behalf of the Corporation in writing by a person acting under the authority, express or implied, of the Corporation. (3) A contract relating to any property or matter that, if made between individuals, would by law be valid, although made or entered into by parole only and not reduced to writing, may be made on behalf of the Corporation by a person acting under the authority, express or implied, of the Corporation. (4) A contract entered into, or an instrument, contract or agreement signed, in relation to any property or obligation of the Corporation is taken to have been entered into or signed by the Corporation if it is entered into or signed by a person acting under the authority, express or implied, of the Corporation. 44 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may provide for the following: (a) the use or custody of the common seal of the Corporation; (b) the manner of holding or adjourning meetings of a Board;

Part 6 Miscellaneous Land Development Corporation Act 2003 17 (c) the manner in which the Corporation may suspend the operation of a by-law; (d) matters of liability, evidence or procedure relating to the commission or prosecution of offences against the by-laws; (e) penalties not exceeding 100 penalty units or, if the offender is a body corporate, 500 penalty units for offences against the Regulations; (f) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the by-laws or the Regulations and the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice; (g) the designation of an offence against the Regulations or the by-laws as a regulatory offence.

ENDNOTES Land Development Corporation Act 2003 18 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 Land Development Corporation Act 2003 (Act No. 31, 2003) Assent date 27 June 2003 Commenced 1 July 2003 (s 2) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Land Development Corporation Amendment Act 2009 (Act No. 22, 2009) Assent date 25 June 2009 Commenced 1 July 2009 (s 2) Land Development Corporation Amendment Act 2014 (Act No. 33, 2014) Assent date 13 November 2014 Commenced 13 November 2014 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 of 2018) to: ss 1, 3, 10, 26, 27, 36, 37 and 39. 4 LIST OF AMENDMENTS lt amd No. 22, 2009, s 4 s 3 amd No. 22, 2009, s 5; No. 33, 2014, s 3 s 3A ins No. 33, 2014, s 4 s 5 amd No. 22, 2009, s 8 s 6 sub No. 22, 2009, s 6 amd No. 33, 2014, s 5 s 7 amd No. 22, 2009, s 7

ENDNOTES Land Development Corporation Act 2003 19 s 10 amd No. 22, 2009, s 8 ss 13 – 14 sub No. 33, 2014, s 6 s 15 amd No. 22, 2009, s 8 sub No. 33, 2014, s 6 s 16 sub No. 33, 2014, s 6 s 17 amd No. 44, 2005, s 35 sub No. 33, 2014, s 6 ss 18 – 21 rep No. 33, 2014, s 6 s 22 amd No. 33, 2014, s 7 s 23 amd No. 33, 2014, s 8 s 24 amd No. 33, 2014, s 9 s 25 amd No. 33, 2014, s 10 ss 33 – 34 amd No. 22, 2009, s 8 s 35 amd No. 22, 2009, s 8; No. 33, 2014, s 11 ss 36 – 38 amd No. 22, 2009, s 8 s 44 amd No. 33, 2014, s 12

1 Land Development Corporation Act 2003

Definitions and structural concepts in the Act set the operational perimeter. “Corporation” is the Land Development Corporation established by s 4. It is a corporation sole , a legal person that is the individual appointed as CEO (s 4(2)(a); s 5(1)-(2)). “Corporation land” is land owned, leased, vested in, acquired by, or otherwise under control of the Corporation (s 3 definition). “Project land” includes Corporation land and “co-development land,” the latter being land declared to be co-development land by agreement between the Corporation and the landowner, leaseholder, mortgagee in possession or occupier under licence, or declared under regulation (s 3 co-development land). “Residential developments” expressly include associated community amenities and commercial/retail areas where they are linked to residential accommodation (s 3 definition and examples).

The Act is functionally dual-purpose. First, a development role focused on industrial uses and residential developments: s 6(a)-(b) tasks the Corporation to develop and promote project land to industry and for residential developments; s 6(c) allows it to undertake residential developments itself; s 6(d) permits provision of services, facilities and general assistance to facilitate establishment and conduct of industry and residential use. Second, a property and commercial role: s 7 confers broad powers to acquire and dispose of real and personal property, to erect infrastructure, to charge fees and to regulate conduct on Corporation land.

Governance concepts: the Minister appoints the CEO as the Corporation (s 5(2)); the Minister can direct the Corporation in performance of functions and the Corporation must follow those directions (s 8(1)), with prescribed transparency (s 8(2)-(3), s 32(2)). The Corporation must act “in a commercial manner” unless the Minister directs otherwise, in which case the Minister must specify how the Corporation is to act (s 9(1)-(3)). The Treasurer’s written approval is required for the Corporation to form partnerships/joint ventures or to raise money otherwise than by borrowing , and to borrow , under s 7(3), concentrating certain financial-authority decisions with the Treasurer.

Accountability and public-sector integration: the Corporation is explicitly an Agency under public sector employment and financial management frameworks (s 10(1)-(2)). The person appointed to be the Corporation is the accountable officer under the Financial Management Act (s 10(3)). The Act requires proper accounts and internal controls (s 29), annual reporting (s 32), ad hoc reporting to the Minister on significant adverse matters (s 30) and compliance with Treasurer information requests (s 31).

Regulatory tools include by-laws (Pt 5). The Corporation may make by-laws about access, conduct, vehicles, traffic, parking, security and related matters on Corporation land (s 33-34). By-laws may impose penalties up to 2 penalty units (s 34(1)(g)), and the Regulations may prescribe greater penalties for Regulations (s 44(2)(e)). By‑laws may be suspended by the Corporation in the manner prescribed by the Regulations (s 35(2)). By-laws and any required suspension notices have a prescribed proof mechanism in proceedings (s 38).

Contractual and enforcement mechanisms: the Act allows parties to agree civil penalties payable to the Corporation in breach situations and to provide for escalating penalty amounts (s 40(1)-(2)). Those amounts are debts due to the Corporation irrespective of whether damage occurred (s 40(3)). Penalties under by-laws are recoverable as debts (s 36(1)), without prejudice to the Fines and Penalties (Recovery) Act 2001 (s 36(2)).

Legal protection and criminal law overlay: Part IIAA of the Criminal Code applies to offences against this Act (s 3A). Staff and the person appointed to be the Corporation are shielded from civil or criminal liability for acts done in good faith in the exercise or purported exercise of powers or functions under the Act, although this does not alter any liability of the Territory itself (s 42(1)-(4)).

Institutional transition: s 26 vests in the Corporation all estates, interests and rights previously held by the Trade Development Zone Authority, subject to existing liabilities. s 27 allows the Corporation to be granted fee simple or leasehold Crown land under the Crown Lands Act 1992, with grant notices to be published in the Gazette (s 27(1)-(2)).

Delegation and continuity: the Corporation may delegate powers and functions in writing, with delegations to a body continuing despite membership changes unless revoked (s 12(1)-(2)). Board governance is advisory only: the Minister may establish an Advisory Board (s 13), which advises the Corporation on matters referred by the Minister or the Corporation (s 14). Board members must disclose interests and absent themselves from deliberations in which they have an interest (s 22). The Board’s decisions are by majority and a quorum is half the members plus one (s 24(2)-(4)).

Overall, the main concepts are: a single-person corporate vehicle with broad land-development powers and commercial mandate; Ministerial and Treasurer controls and reporting requirements; statutory tools for land control and by‑laws; contractual civil‑penalty architecture; and integration into public-sector financial and employment frameworks.

Primary actors affected by the Act are: the person appointed to be the Corporation (the Chief Executive Officer), the Corporation’s staff, the Minister, the Treasurer, Advisory Board members (if a Board is established), landowners/lessees/mortgagees/occupiers who might enter co-development agreements, users of Corporation land, contractors and commercial counterparties that negotiate with the Corporation, and the Territory generally through transferred assets and potential liabilities under s 26 and s 42(4).

Who pays: the Corporation’s money consists of appropriations, grants, money received in performing its functions and any other money available for use by the Corporation (s 28(1)). That means costs of operation will fall on a mix of public appropriation (s 28(a)), grants (s 28(b)) and revenue from the Corporation’s activities (fees, sales, leases , s 28(c)), subject to the usual constraints under the Financial Management Act given the Corporation’s Agency status (s 10(1), s 29). If the Corporation borrows or forms partnerships, Treasurer approval is required (s 7(3)), which allocates financial decision-making control to the Treasurer and may limit or gate how the Corporation funds activities.

Who decides: the Minister appoints the person who is the Corporation (s 5(2)), may give directions to the Corporation (s 8(1)) and may establish an Advisory Board (s 13(1)). The Treasurer must approve certain financial arrangements (s 7(3)) and may request financial information at any time (s 31(1)). Those allocations concentrate strategic and financial decision checkpoints with the political executive and Treasurer. The Corporation itself, acting through the CEO and delegated staff, decides on land transactions, by-laws, charging of fees, employment of staff, and operational contracts, subject to legislative constraints and Ministerial/Treasurer approvals (s 7, s 33-35). Advisory Board members are appointed by the Minister and advise the Corporation on referred matters (s 13-14); their role is advisory, not decision-making.

Who is regulated or restricted: persons entering Corporation land or facilities are subject to by‑laws made under s 33-35. By-laws may regulate or prohibit access, the conduct of persons, presence/use/removal of vehicles and animals, traffic and parking, and security. Penalties for by-law breaches are set by by-laws (up to 2 penalty units, s 34(1)(g)) and recovery mechanisms are provided (s 36(1)). Corporations and other entities contracting with the Corporation can be subject to civil penalties agreed in contracts (s 40).

Who benefits: the Act’s long title and s 6 frame beneficiaries as new and existing industries, residential developers and occupants, and associated community amenities. Practically, parties seeking serviced industrial or residential land, or infrastructure developed by the Corporation, are potential beneficiaries. Vendors transferring assets through the initial vesting (s 26) are affected by the transfer of rights and liabilities to the Corporation.

Secondary or indirect effects: private investors and financiers working with the Corporation will be subject to the Corporation’s public-sector constraints (Agency status, Ministerial directions and Treasurer approvals) which may influence investment risk assessments. Companies entering co-development agreements must expect the land to be declared co-development land under agreement or regulations (s 3), with consequences for project structure. Counterparties face the possibility of pre-agreed civil penalties that are enforceable as debts without proof of damage (s 40).

Who holds risk: although staff and the CEO have statutory immunity for acts done in good faith under s 42(2)-(3), the Territory’s liability remains unimpaired by that immunity (s 42(4)). The Corporation can pursue debts and penalties (s 36, s 40), and the Treasurer’s oversight of financial commitments places fiscal risk review within government processes (s 7(3), s 31).

In sum, the Act affects the public sector executive (Minister, Treasurer), the CEO acting as the Corporation, staff and advisory appointees, land‑use counterparties, land occupiers and users of Corporation land, and finance providers and investors who engage with development projects. The structure channels significant strategic control to the Minister and Treasurer while operational powers rest with the Corporation and its delegated agents.

Duties imposed on the Corporation and related actors

Act commercially: the Corporation must act in a commercial manner except where the Minister directs otherwise and specifies the required manner (s 9(1)-(3)). The duty to act commercially is subject to ministerial override.
Comply with Ministerial directions: in performing functions and exercising powers the Corporation is subject to directions of the Minister and must have directions tabled (s 8(1)-(2)); directions and the Corporation’s objections must be included in the annual report (s 32(2)).
Financial management and reporting: the Corporation must keep proper accounts and records, maintain adequate controls over liabilities and property, ensure payments are authorised and prepare financial and other reports to the Minister (s 29-30). The Corporation must provide its annual report to the Minister by 30 November following the financial year (s 32(3)).
Respond to Treasurer: the Corporation must comply with any Treasurer request for information that the Treasurer considers necessary to assess the Corporation’s financial affairs (s 31(1)-(2)).
Report material operational threats: if the Corporation considers a matter significantly affects its operations or expects such a matter, it must inform the Minister in writing with reasons and effects (s 30(1)(a)-(e)).
Make by-laws lawfully: the Corporation may make by‑laws on specified subjects (s 33-34) but must not make by-laws inconsistent with the Act, other Acts or regulations (s 33(2)).
Keep Board records and follow procedures: if an Advisory Board is established, the Board must keep records of meetings and operate by procedures determined by the Board unless otherwise prescribed (s 25(1)-(2)).

Rights and powers granted

Broad operational powers: the Corporation may do all things necessary or convenient to perform its functions, including entering contracts, forming partnerships and joint ventures, borrowing or raising money (s 7(1)-(2)).
Property powers: purchase, lease, acquire, hold, sell and dispose of real and personal property, and erect infrastructure and community amenities (s 7(b)-(fa)).
Regulatory powers on Corporation land: make by-laws regulating access, conduct, vehicles, traffic, parking and security (s 33-34).
Charging and fee rights: impose and collect fees and charges for use of Corporation land and facilities, and charge for goods, services and information (s 7(h), (m)).
Contractual enforcement: include civil penalty clauses in agreements and recover such penalties as debts irrespective of damage (s 40(1)-(3)).
Delegation: may delegate powers in writing, with delegations to a body continuing despite membership changes unless revoked (s 12(1)-(2)).
Acquisition of Crown land: may be granted fee simple estates or leases under the Crown Lands Act 1992 (s 27(1)), with public notice via Gazette (s 27(2)).
Immunities: persons appointed to be the Corporation and members of staff are not civilly or criminally liable for acts done in good faith under the Act (s 42(2)-(3)).

Constraints and checks

Treasurer approval needed: prior written Treasurer approval is mandatory to form partnerships/joint ventures or to borrow or raise money otherwise than by borrowing (s 7(3)).
Ministerial directions and reporting: the Minister’s direction power (s 8) and the requirement that directions be tabled and reported (s 8(2)-(3), s 32(2)) create political oversight.
Agency status: being an Agency under public sector legislation places the Corporation within public employment and financial management regimes (s 10(1)-(3)), imposing statutory obligations and oversight not present for ordinary private corporations.
By-law limit and regulatory overlay: by-law penalties are capped at 2 penalty units (s 34(1)(g)), although the Regulations may contain higher penalties for breaches of Regulations (s 44(2)(e)); by-laws must not be inconsistent with the Act or regulations (s 33(2)).

Other procedural duties

Board member interest disclosure: members must disclose direct or indirect interests and refrain from participating in deliberations where they have an interest unless the Board resolves otherwise in the member’s absence, and the disclosure must be recorded (s 22(1)-(4)).
Publication and proof requirements: by-laws and suspensions have specified proof procedures in proceedings (s 38).

The Act thereby creates a structure that grants substantial commercial and regulatory power to a single-person statutory corporation while embedding duties of financial stewardship, reporting, Ministerial obedience and procedural safeguards for advisory appointees. Rights to enforce contractual civil penalties and to make by‑laws are significant operational levers; constraints are primarily political and financial (Minister, Treasurer and Agency responsibilities).

By-law enforcement

By-laws may prescribe penalties not exceeding 2 penalty units for breaches (s 34(1)(g)). The Act allows the Corporation to recover penalties imposed following prosecution or payable under an infringement notice as a debt due and payable to the Corporation (s 36(1)). Section 36(2) preserves the operation of the Fines and Penalties (Recovery) Act 2001, so other recovery regimes may apply in parallel.
The Act prescribes a conclusive-evidence regime for by‑laws and their suspension notices in proceedings: production of a certified copy of the by‑law with the Corporation’s common seal and the Gazette notice is conclusive evidence the by‑law was made (s 38(1)); similarly certified suspension notices are conclusive evidence of suspension (s 38(2)).

Contractual civil penalties

Agreements to which the Corporation is a party may include civil penalties payable by other parties on breach. The agreement may provide for increasing amounts over time (s 40(1)-(2)). Section 40(3) makes such a civil penalty “a debt due to the Corporation by the party concerned” even where there is no loss or the penalty bears no relation to any damage. This is an enforcement mechanism that avoids the need to prove actual loss to recover amounts specified in the contract.

Regulatory offences and Regulations

The Administrator may make Regulations under s 44. Regulations may prescribe penalties up to 100 penalty units, or 500 penalty units for corporate offenders, for offences against Regulations (s 44(2)(e)). The Regulations may also provide for payment of prescribed amounts in lieu of penalties, and for designation of offences as regulatory offences (s 44(2)(f)-(g)). This provides an administrative enforcement pathway with potentially higher penalties than by-laws.

Criminal law overlay

Part IIAA of the Criminal Code applies to offences against the Act (s 3A). That imports general principles of criminal responsibility, defences and burden of proof applicable to criminal offences under the Criminal Code. The Act itself does not specify criminal penalties but subjects offences to the Criminal Code where applicable.

Procedural enforcement mechanics and proof

The Act’s proof provisions for by‑laws (s 38) streamline the Corporation’s ability to prove a by-law exists in proceedings, reducing evidentiary friction in prosecutions or recovery actions.
Recovery-as-debt provisions (s 36(1), s 40(3)) convert regulatory and contractual penalties into ordinary debts, enabling civil recovery processes rather than solely criminal sanctions.

Limits on enforcement actors

The Act does not create a general police power; enforcement of by‑laws, Regulations and contract terms will operate through prosecution, recovery action and civil processes. The Regulations may prescribe particulars of liability, evidence and procedure relating to commission or prosecution of offences against by‑laws (s 44(2)(d)).

Administrative remedies and transparency

Ministerial directions must be tabled and included in the annual report (s 8(2)-(3), s 32(2)), which provides a transparency channel that may inform public or political oversight of enforcement policy and practice.

Protections for officers and staff

Staff and the person appointed to be the Corporation are not civilly or criminally liable for acts done in good faith under the Act (s 42(2)-(3)). That immunity affects enforcement in that it shields individual actors from personal liability for authorised acts, while preserving any liability the Territory would have had (s 42(4)).

Practical enforcement implications

The shift of by-law and contractual penalty enforcement into debt recovery provides the Corporation with a streamlined route to monetary remedies that does not require proof of damage (s 36(1); s 40(3)). This can alter bargaining dynamics in commercial negotiations and compliance incentives for occupiers of Corporation land and contractual counterparties.
The combination of relatively low statutory by-law penalties (2 penalty units) and the potential for higher penalties via Regulations (up to 100/500 penalty units) means enforcement severity will be set partly through subordinate legislation and by-law drafting (s 34(1)(g); s 44(2)(e)).

In short, the Act provides a mix of criminal, civil and administrative enforcement tools, emphasises recoverability of monetary penalties as debts, and grants the Corporation strong contractual enforcement rights. The Treasurer and Administrator can influence enforcement reach via approval requirements and Regulations, respectively.

Statutory regime interactions

Public sector and financial management statutes: the Corporation is an Agency for the purposes of the Public Sector Employment and Management Act 1993 and the Financial Management Act 1995 (s 10(1)). This links the Corporation into the Territory’s public employment, procurement and financial control framework and subjects it to obligations and accountability mechanisms under those Acts. The person appointed to be the Corporation is the accountable officer under the Financial Management Act (s 10(3)).
Corporations Act 2001: the Act declares the Corporation to be an “excluded matter” for the purposes of s 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation (s 11). The text provided does not set out s 5F of the Corporations Act or its consequences; within this Act, the statement is declarative that the Corporation falls outside certain Corporations Act application channels by virtue of that exclusion. Practitioners should note the Act’s express declaration but consult the Corporations Act and jurisdictional practice for the precise practical effects of the exclusion.
Crown Lands Act 1992: the Corporation may be granted estates in fee simple in Crown land or leases under the Crown Lands Act 1992 (s 27(1)), and the Act requires the Minister to publish a Gazette notice of any such grant (s 27(2)). That ties property acquisition mechanics directly to the Crown Lands Act and Gazette processes.
Criminal Code: Part IIAA of the Criminal Code applies to offences against this Act (s 3A). That imports general criminal law principles and defences for any criminal offences arising under the Act or its by-laws where applicable.
Fines and Penalties (Recovery) Act 2001: recovery of penalties imposed under by-laws is subject to that Act, as s 36(2) preserves its operation.
Interpretation Act 1978: s 37 expressly provides that s 57 of the Interpretation Act 1978 does not apply to by-laws under this Act. Practically, that removes a specified interpretive or procedural rule from applying to by-laws; the Act instead sets its own proof and publication regime for by‑laws (s 38).

Regulatory ladder and subordinate instruments

Regulations made under s 44 can prescribe matters necessary or convenient for carrying out the Act, provide procedures for the common seal, meetings, suspension of by-laws, and can set penalties (s 44(1)-(2)). The Regulations may also designate offences as regulatory offences and provide for payment of prescribed amounts in lieu of penalties (s 44(2)(f)-(g)). Hence subordinate legislation is an important lever shaping enforcement, procedural rules and penalty levels, and can expand or constrain the Corporation’s operational toolbox established in the Act.

Transitional vesting

On commencement, property, levies and receivables of the Trade Development Zone Authority vested in the Corporation subject to existing liabilities (s 26). That creates an interaction with prior legislation (Trade Development Zone Act 1985) and existing contractual and statutory obligations that the Corporation inherits.

Contract law and civil enforcement

The Act allows contractual civil penalties enforceable as debts (s 40). This intersects with ordinary contract law remedies and debt recovery procedures; while the Act makes such penalties recoverable as debts without proof of damage, enforcement will run through civil recovery remedies and be affected by general civil procedure rules and any applicable limitations.

Public reporting and parliamentary oversight

Ministerial directions to the Corporation must be tabled in the Legislative Assembly within six sitting days (s 8(2)). Annual reports, including directions and objections, are to be provided to the Minister and tabled in the Legislative Assembly (s 32(2)-(4)). These provisions interact with parliamentary procedures and public accountability frameworks.

Immunity and Territory liability

Immunity for officers and staff is limited to acts done in good faith under the Act (s 42(2)-(3)), and does not affect liabilities of the Territory (s 42(4)). That keeps responsibility for public liability claims with the Territory to the extent lawfully applicable, and separates individual protection from governmental exposure.

In short, the Act sits at the intersection of property law (Crown land grants), public sector financial and employment law (Agency status), contract law (civil penalties), regulatory law (by-laws and Regulations), criminal law (Criminal Code application), and parliamentary oversight. Subordinate legislation and the Corporations Act interface (via the exclusion declaration in s 11) are important cross‑references that shape the Corporation’s functional and legal environment.

The Act was enacted as the Land Development Corporation Act 2003 with assent on 27 June 2003 and commencement on 1 July 2003 (endnotes). Key subsequent amendments and relevant dates in the provided text are:

Statute Law Revision Act 2005 (Act No. 44, 2005): assent 14 December 2005; commenced 14 December 2005. The endnotes indicate s 17 was amended by this Act (endnote list).
Land Development Corporation Amendment Act 2009 (Act No. 22, 2009): assent 25 June 2009; commenced 1 July 2009 (s 2). The endnotes record multiple amendments by the 2009 Act:
- s 3 amended (No. 22, 2009, s 5);
- s 5 amended (No. 22, 2009, s 8);
- s 6 substituted (No. 22, 2009, s 6);
- s 7 amended (No. 22, 2009, s 7);
- s 10 amended (No. 22, 2009, s 8);
- ss 33-34 amended (No. 22, 2009, s 8);
- s 35 amended (No. 22, 2009, s 8); and
- ss 36-38 amended (No. 22, 2009, s 8).
Land Development Corporation Amendment Act 2014 (Act No. 33, 2014): assent 13 November 2014; commenced 13 November 2014. The endnotes record numerous insertions and substitutions effected in 2014:
- s 3 amended (No. 33, 2014, s 3);
- s 3A inserted (No. 33, 2014, s 4) , this is the provision applying Part IIAA of the Criminal Code to offences under the Act;
- s 6 amended (No. 33, 2014, s 5) (in addition to substitution in 2009);
- ss 13-14 substituted (No. 33, 2014, s 6) , altering Board establishment and functions;
- ss 18-21 repealed (No. 33, 2014, s 6) , these sections are not present in the reprint;
- s 22 amended (No. 33, 2014, s 7) (disclosure of interests);
- s 23 amended (No. 33, 2014, s 8);
- s 24 amended (No. 33, 2014, s 9);
- s 25 amended (No. 33, 2014, s 10);
- s 35 amended (No. 33, 2014, s 11);
- s 44 amended (No. 33, 2014, s 12).
Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018): the endnotes state that this Act made general amendments of a formal nature (not listed in the main table) to ss 1, 3, 10, 26, 27, 36, 37 and 39.

The endnotes include a “List of Amendments” that maps particular sections to amendment instruments and section numbers, indicating the evolution of the Bill’s structure and content over time. Notable structural changes include the 2009 substitution of s 6 (functions) and the 2014 insertion of s 3A (application of the Criminal Code), and substitution of the Advisory Board provisions (ss 13-14) in 2014. The 2009 amendments also modified by-law provisions (ss 33-34) and updated s 35 and ss 36-38.

Practically, the amendment history shows the Act has been subject to iterative refinement: functions and governance of the Corporation were updated in 2009; criminal-law application, Board structure, and a range of procedural provisions were amended in 2014; and formal textual amendments were made in 2018. For compliance and interpretive purposes, practitioners should work from the current reprint text and consult the amending Acts listed in the endnotes for legislative intent, transitional provisions or specific drafting history if needed.

The Act text provided contains no case law, no references to judicial decisions, and no express examples of litigation. The endnotes list amendments and statutory instruments but do not record any reported litigation or judicial consideration of the Act. The only cross-reference to criminal law is s 3A, which applies Part IIAA of the Criminal Code (general criminal principles) to offences against this Act; that provision imports established criminal law doctrines but does not itself cite cases.

Where the Act anticipates procedural or evidentiary needs in litigation, it provides express rules: the production of a certified copy of a by‑law with the Corporation’s common seal and the Gazette notice is “conclusive evidence” of the by‑law and its contents in any proceedings (s 38(1)); similarly, certified suspension notices are conclusive evidence of suspension (s 38(2)). Those provisions are designed to reduce contested evidentiary issues in enforcement proceedings.

Because the Act declares the Corporation an “excluded matter” for the purposes of s 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation (s 11), potential litigation involving corporate regulation may raise threshold jurisdictional or applicability questions. Similarly, civil recovery of contractual civil penalties as debts (s 40(3)) could generate litigation over enforceability, interpretation and reasonableness of specified penalty clauses, though no cases are included in the Act text.

Absent judicial material in the provided text, practitioners should search case law databases for reported decisions after the current reprint date to identify any litigation interpreting or applying the Act, its by-laws or consequential Regulations. The Act itself gives several hooks likely to surface in litigation (conclusive proof of by‑laws, debt recovery for civil penalties, immunity provisions, vesting of assets in s 26 and Crown land grants in s 27), so those are logical areas to check against case law.

In summary: the reprint contains no litigation history; the Act contains specific procedural provisions that will shape litigation practice, and several provisions (e.g. s 40, s 36, s 38, s 42) are likely focal points for disputes once cases are brought.

Corporation is a corporation sole: The legal personality is the single person appointed as the Corporation , the CEO (s 4(2)(a); s 5(1)-(2)). That concentrates legal authority and formal contract-making in one office. Practical consequence: the appointment process and continuity arrangements are critical; defects in appointment do not necessarily invalidate acts (s 41(a)) but can be a governance risk.
Ministerial override of commercial duty: the Corporation must act commercially (s 9(1)), but the Minister may direct the Corporation to act otherwise and must specify how it should act (s 9(2)-(3); s 8(1)). The Minister’s directions must be tabled and reported (s 8(2)-(3), s 32(2)). Effect: projects that appear “commercial” may be redirected for public-policy reasons, altering investor expectations.
Treasurer approval gate: forming partnerships/joint ventures and raising money otherwise than by borrowing, and borrowing itself, require the Treasurer’s written approval (s 7(3)). That can slow or constrain financing structures and joint-venture models.
Civil penalties as debts without proof of damage: contractual clauses can specify civil penalties recoverable as a debt regardless of damage (s 40(1)-(3)). Counterparties who accept such clauses surrender a defence based on absence of damage. This shifts negotiation leverage and raises the importance of precise drafting and proportionality analysis.
By-law penalty cap vs Regulations: by-law penalties are capped at 2 penalty units (s 34(1)(g)); however, the Regulations can prescribe penalties up to 100 penalty units (or 500 for corporate offenders) for Regulations (s 44(2)(e)). The enforcement severity for practical conduct on Corporation land could therefore vary widely depending on whether a rule is in a by-law or a Regulation.
Exclusion under Corporations Act: s 11 declares the Corporation an excluded matter under s 5F of the Corporations Act 2001; the practical impact depends on Corporations Act provisions and how exclusion is interpreted. Do not assume standard Corporations Act protections or remedies apply without checking the effect of that exclusion.
By‑laws not subject to s 57 Interpretation Act 1978: s 37 removes one interpretive safety net and the Act instead builds its own proof and publication regime for by‑laws (s 38). Make sure by-laws are properly made, sealed, Gazetted and certified to ensure admissibility and conclusiveness in proceedings (s 38).
Delegation continuity: delegations to a body survive changes in the body’s membership (s 12(2)). That avoids operational gaps but may create accountability and oversight complexities when the delegate body’s composition changes.
Immunity scope: immunity for conduct in good faith (s 42(2)-(3)) protects officers and staff individually but does not affect liability of the Territory (s 42(4)). Legal claims may be redirected to the Territory even where individuals are shielded.
Vesting of prior authority assets and liabilities: s 26 vests Trade Development Zone Authority assets, levies and receivables in the Corporation subject to liabilities, which means existing contractual or statutory obligations transfer. Legacy obligations may create inherited risk.
Advisory Board is advisory: if established, the Board only advises on matters referred by the Minister or the Corporation (s 14). It does not have statutory decision-making powers; governance expectations must reflect that.
Evidence regimes and recovery mechanics: s 38 makes certified by-laws/Gazette notices conclusive evidence in proceedings; s 36 and s 40 convert penalties into debts, shifting default remedies toward civil recovery rather than punitive criminal consequences. Practitioners should plan enforcement strategy accordingly.
Reporting timeframes: the Corporation must provide reports within prescribed timeframes (financial performance report within 3 months after the reporting period , s 30(4); annual report by 30 November , s 32(3)). Failure to meet reporting obligations may attract administrative consequences under public-sector laws.
Co-development land scope: “co-development land” can be declared either by agreement in which parties include mortgagees in possession and occupiers, or by regulation (s 3). That creates flexibility but also uncertainty about when land becomes project land through regulation rather than bilateral agreement.
Regulations can expand enforcement: the Administrator’s regulation-making power (s 44) includes prescribing evidence, procedure, penalties and designation of offences as regulatory offences. Regulatory detail therefore materially affects enforcement and procedural thresholds.

Each of these is directly grounded in specific provisions of the Act (cited above). The practical impact depends on subordinate regulation, Ministerial and Treasurer practice, and contract drafting choices.

Practical compliance checklist for the Corporation and counterparties, grounded in the Act’s provisions:

For the Corporation and its officers

Appointment and authority
- Ensure the person appointed to be the Corporation is validly appointed in writing by the Minister (s 5(2)), and retain the instrument of appointment. While s 41 protects acts from being invalidated solely by defects in appointment, maintain clear records and legal advice on appointments.
Financial controls and Treasury interactions
- Maintain proper accounts and internal controls over liabilities and property (s 29(a)-(d)).
- Seek the Treasurer’s written approval before forming partnerships, joint ventures, profit‑sharing arrangements or before borrowing/raising money otherwise than by borrowing (s 7(3)). Keep written approvals on file.
Reporting and transparency
- Establish processes to detect and report matters that significantly affect operations or finances to the Minister “as soon as practicable” with reasons and effects (s 30(1)(a)-(e)).
- Prepare the financial performance report covering targets, results and projections for the next two reporting periods, and deliver within three months after reporting period (s 30(2)-(4)).
- Prepare and forward the annual report to the Minister by 30 November and include copies of Ministerial directions and any objections (s 32(1)-(3)). Ensure directions given under s 8 are tabled by the Minister in the Legislative Assembly and keep records for that process (s 8(2)).
By-law and regulatory compliance
- Draft by‑laws within the subjects permitted by s 34 and ensure they are not inconsistent with the Act or Regulations (s 33(2)). Certify, seal and publish by‑laws in the Gazette as required for conclusive evidence (s 38(1)).
- If suspending a by‑law, follow the regulatory procedure and publish required notices; retain certified copies (s 35(2), s 38(2)).
- Track Regulations made under s 44 to ensure by-laws and operations comply with any higher-level rules and penalty structures (s 44).
Contracts and civil penalties
- When drafting agreements that include civil penalties, clearly specify amounts, escalation mechanisms, and the legal basis for treating penalties as a debt due to the Corporation (s 40(1)-(3)). Obtain legal advice on enforceability and proportionality, and ensure internal legal review before signature.
Governance, delegation and Advisory Board
- If delegating powers, do so in writing and maintain instruments of delegation. Note delegations to bodies continue despite membership changes unless expressly revoked (s 12(1)-(2)).
- If the Advisory Board is established, hold meetings as needed, keep minutes and records, and ensure members disclose interests and comply with s 22 requirements.
Staff and employment matters
- As an Agency under public-sector employment law (s 10(1)), ensure employment practices comply with the Public Sector Employment and Management Act 1993 and Financial Management Act 1995 obligations (s 10). Maintain records and processes for appointment, conduct and performance as required by those Acts.
Liability and insurance
- Recognise statutory immunity for good‑faith acts (s 42(2)-(3)) but assume the Territory’s liability remains. Maintain appropriate insurance and risk-transfer arrangements where the Territory’s liability may be invoked (s 42(4)).

For counterparties, landowners and occupiers

Contract negotiation
- Beware of civil‑penalty clauses enforceable as debts without proof of damage (s 40(1)-(3)). Negotiate caps, mitigation triggers, dispute resolution and reasonableness safeguards.
Co-development agreements
- Where entering co-development agreements, ensure declarations of co‑development land are explicit and documented, and understand how such declarations convert land into project land (s 3 co‑development land).
Compliance with by-laws
- Review relevant Corporation by‑laws (certified copies as published) and ensure operations and site activities comply with access, conduct and vehicle rules (s 33-34). Note the conclusive-evidence mechanism for by‑laws in proceedings (s 38).
Financing and security
- Recognise the Treasurer’s approval requirement for Corporation borrowing and partnership formation (s 7(3)) may affect project financing timelines. Negotiate contractual protections for financial risk if Treasurer approval delays financing.
Governance and disclosure
- If serving on an Advisory Board, disclose any direct or indirect interests early and follow withdrawal procedures in s 22. Keep records of disclosures (s 22(2)-(3)).

For both sides , general compliance mechanics

Document retention
- Keep written Ministerial directions, Treasurer approvals and certified copies of by‑laws and suspension notices. Those documents have specific legal effects (s 7(3), s 8(2)-(3), s 38).
Reporting calendar
- Put s 30 and s 32 timeframes into a reporting calendar: three months after reporting period for the financial performance report (s 30(4)); annual report to Minister by 30 November (s 32(3)).
Regulatory monitoring
- Monitor Regulations under s 44 for penalty levels, suspension procedures and evidence/procedure rules that will affect enforcement and operational compliance (s 44(2)(d)-(g)).
Legal review and process checks
- Before entering agreements with civil‑penalty clauses or before creating by-laws, obtain legal review to ensure consistency with the Act, Regulations and other applicable territory or Commonwealth law, given the Act declares certain exclusions (s 11) and links to other Acts (s 10, s 27).
Dispute and enforcement planning
- Prepare mechanisms for dispute resolution and debt-recovery scenarios, recognising the Act’s debt-recovery approach to penalties (s 36(1), s 40(3)). Include contractual clauses that allocate litigation jurisdiction, set notice/rectification periods and balance remedies.

In short, compliance requires proactive governance, strict financial and reporting processes, careful contract drafting around civil penalties, formal procedures for by‑law making and publication, and ongoing monitoring of subordinate Regulations and Ministerial/Treasurer directives. All actions should be documented in writing, with approvals and certified instruments retained to meet the Act’s evidentiary and reporting requirements.

Land Development Corporation Act 2003

Plain English Summary

Deep Dive

What it does

Current sections

Land Development Corporation Act 2003

Source text: opening excerpt

1 Land Development Corporation Act 2003

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