Macquarie Point Development Corporation Act 2012

Macquarie Point Development Corporation Act 2012

This Act may be cited as the Macquarie Point Development Corporation Act 2012.

This Act commences on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears – Agency has the same meaning as in the State Service Act 2000;Board means the board of directors of the Corporation established under section 9;Brooke Street pier means the pier and associated wharf infrastructure located in Sullivans Cove, Hobart, and known as "Brooke Street Pier"; chief executive officer means the chief executive officer of the Corporation appointed under section 15;Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997; corporate plan means a corporate plan referred to in section 38;Corporation means the Macquarie Point Development Corporation established by section 5; director means a person appointed as a director of the Board in accordance with this Act; employee means a person appointed or employed pursuant to section 19; financial statements means the financial statements referred to in section 49;Intergovernmental Agreement means the agreement, dated 22 June 2012, entered into by the Commonwealth of Australia and the State of Tasmania concerning the remediation of the Macquarie Point land and the redevelopment of the Brooke Street pier;Macquarie Point land means the land at Macquarie Point, Hobart, comprised in Tasmanian folio of the Register Volume 113521 Folio 1 registered under the Land Titles Act 1980; officer means – a director; and the chief executive officer; and a person who is concerned with, or takes part in, the management of the Corporation; partner, in relation to a person, means a person with whom the person is in a personal relationship, within the meaning of the Relationships Act 2003;Planning Minister means the Minister to whom the administration of the Land Use Planning and Approvals Act 1993 is assigned; planning scheme has the same meaning as in the Land Use Planning and Approvals Act 1993;Register means the register of title to land referred to in section 33 of the Land Titles Act 1980; relative, in relation to a person, means – the spouse or partner of the person; and a parent or remoter linear ancestor of the person; and a child or remoter issue of the person; and a brother or sister of the person; relevant planning scheme means the planning scheme that, under the Land Use Planning and Approvals Act 1993, applies from time to time to the site; relevant planning scheme planning authority means the planning authority, within the meaning of the Land Use Planning and Approvals Act 1993, for any part of the land that comprises the site; relevant statutory authority means – the Corporation within the meaning of the Water and Sewerage Corporation Act 2012; and any company established under the Port Companies Act 1997; and a person, or body, established under an Act, that is prescribed for the purposes of this definition; site means – the Macquarie Point land; and any Crown land, in proximity to the Macquarie Point land, that is transferred by the Minister to the Corporation for the purposes of this Act; and any land, in proximity to the Macquarie Point land, purchased by the Corporation for the purposes of this Act with the written approval of the Minister; site master plan means the site master plan prepared under section 37; subsidiary has the same meaning as in the Corporations Act.

A body corporate is a subsidiary of the Corporation if, were the Corporation and body corporate corporations under the Corporations Act, the body corporate would be a subsidiary of the Corporation under that Act.

In this Act – material personal interest in respect of a director of the Corporation includes – a direct or indirect interest; and a pecuniary or non-pecuniary interest; and the interest of a relative of the director; and the interest of an associated entity; and an interest in a corporation, within the meaning of the Corporations Act; and the director's employment by a person with a direct or indirect interest in the Corporation; and the holding by the director of an office where there arises or may arise a conflict between his or her duties in that office and his or her duties as a director of the Corporation; and the holding by the director of the office of a member in another statutory authority or in the governing authority of another statutory authority; and any other interest that does, or may, give rise to a conflict of interest.

A director of the Corporation does not have a material personal interest by reason only of the director also being a State Service employee or State Service officer.

A director of the Corporation does not have a material personal interest by reason only of an interest in a contract with the Corporation for a good or service ordinarily supplied by the Corporation and supplied on the same terms as that good or service is ordinarily supplied to other persons in the same situation.

In relation to a director, each of the following persons is an associated entity if the director or a relative of the director has control over the person:a body corporate; a partnership or other unincorporated association of persons; a majority of trustees of a trust.

For the purposes of determining whether the director has control over a person referred to in subsection (4), the following matters may be taken into account:whether the director or his or her relative is a shareholder in, a director or other officer of, or a trustee of, the other person; whether the director or his or her relative is a beneficiary in the trust of which the other person is a trustee; any other matter or relationship that is relevant.

For the purposes of determining whether the relative of a director has control over a person referred to in subsection (4), the following matters may be taken into account:whether the relative or his or her relative is a shareholder in, a director or other officer of or a trustee of that person; whether the relative or his or her relative is a beneficiary in the trust of which that person is a trustee; any other matter or relationship that is relevant.

The Macquarie Point Development Corporation is established.

The Corporation – is a body corporate with perpetual succession; and has a seal; and may sue and be sued in its corporate name; and is an instrumentality of the Crown.

The Corporation's seal is to be kept and used as authorised by the Board.

All courts and persons acting judicially must take judicial notice of the imprint of the Corporation's seal on a document and presume that it was duly sealed by the Corporation.

The principal objectives of the Corporation are –

to plan, facilitate and manage the remediation of the Macquarie Point land in accordance with the Intergovernmental Agreement; and to plan, facilitate and manage the redevelopment of the site so as to ensure that the site – is redeveloped as a vibrant and active area, with a mix of uses, that connects with and complements adjacent areas within Hobart; and encourages inner-city living; and encourages pedestrian and bicycle traffic; and allows for public transport; and provides for public open space; and is redeveloped so as to deliver sustainable social and economic benefits to Hobart; and is redeveloped in accordance with sound planning, urban design and environmental principles; and to plan, facilitate and manage temporary and longer-term use of the site; and to the extent practicable, to make a profit from carrying out its functions.

The Corporation has the following functions:

to plan, undertake, manage, or arrange for, the remediation of the site so that the site can be redeveloped;

to investigate options for redevelopment of the site and prepare and implement strategies for ensuring the redevelopment of the site;

to redevelop and maintain, or ensure the redevelopment and maintenance of – public open space on the site; and a corridor allowing transit through the site by means of public transport and pedestrian and bicycle traffic, so as to enable the connection of the site with areas adjacent to the site; and such other corridors, to allow transit through the site by means of other forms of transport, as the Corporation or the Minister considers desirable;

to encourage and provide, or ensure the encouragement and provision of, appropriate temporary and longer-term use of the site;

to consult with the Tasmanian community, and those persons or bodies whom the Corporation considers to have an interest in relation to the redevelopment of the site, in relation to options for the redevelopment of the site;

to advise the Minister in relation to the redevelopment of the site and other areas of land;

to advise the Minister as to any legislation that may be required to undertake or facilitate the redevelopment of the site;

to undertake, manage or facilitate the redevelopment of the site consistent with the Corporation's objectives and any site master plan;

to consider and advise the Minister in relation to options for the redevelopment or replacement of the Brooke Street pier;

subject to written approval by the Minister – to undertake, manage or facilitate the redevelopment of the Brooke Street pier or its replacement, whether or not in the same location; and to provide financial assistance to other persons in connection with the redevelopment of the Brooke Street pier or its replacement, whether or not in the same location;

any other function of the Corporation under this or any other Act.

The Corporation has the following powers:subject to subsection (3), to acquire, hold, dispose of and otherwise deal with property; to enter into contracts; to appoint agents and attorneys; to engage consultants; to do anything necessary or convenient in relation to the performance of its functions.

The Corporation also has the following powers that may only be exercised by the Corporation with the written approval of the Minister:to acquire, conduct, participate in, or dispose of, any business undertaking related to the site or the Brooke Street pier; to form, or participate in the formation of, a company; to participate in a trust; to participate in any or all of the following arrangements for the purpose of the sharing of profits:a joint venture; a partnership; any other arrangement.

The Corporation must not, without the written approval of the Minister – lease or license land held by the Corporation for any term exceeding 5 years; or purchase, gift or sell any estate or interest in land.

Subject to subsection (5), the Corporation must not carry out any works on the Macquarie Point land until that land is transferred by the Minister to the Corporation in accordance with section 53.

Subsection (4) does not prevent the Corporation from undertaking works on any part of the Macquarie Point land that is leased by the Corporation from the Minister administering the Crown Lands Act 1976 or from a tenant of that Minister.

The Corporation has a board of directors consisting of – the chairperson of the Board; and the chief executive officer; and not less than 3, and not more than 6, other persons.

The chairperson and the other directors, other than the chief executive officer, are appointed by the Governor on the recommendation of the Minister.

In making a recommendation under subsection (2), the Minister is to have regard to – the need for the chairperson, chief executive officer and other directors together to have the necessary knowledge and skills to achieve the principal objectives of the Corporation; and if the Minister has called for expressions of interest for persons to be appointed to the Board, any expressions of interest received; and the desirability of having as directors both men and women.

A person may not hold the office of chief executive officer in the Corporation in conjunction with the office of chairperson.

Schedule 1 has effect with respect to the directors.

Schedule 2 has effect with respect to meetings of the Board.

The Board is responsible to the Minister for – the performance of the functions of the Corporation; and the achievement of the Corporation's principal objectives; and ensuring that the site is redeveloped in accordance with the site master plan; and ensuring that the business and affairs of the Corporation are managed and conducted – in accordance with the principal objectives of the Corporation; and in accordance with sound business practice; and in a manner that is consistent with any directions given by the Minister under section 36; and in a manner consistent with any corporate plan approved by the Minister under section 38.

The Board has the power to do anything necessary or convenient in relation to its responsibilities under this Act.

The Board may delegate any of its powers or responsibilities, other than this power of delegation.