Bills Digest no. 45 2007–08
Sydney Harbour
Federation Trust Amendment Bill 2007
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Endnotes
Contact officer & copyright details
Passage history
Sydney Harbour
Federation Trust
Amendment Bill 2007
Date introduced:
16 August 2007
House: House of Representatives
Portfolio: Environment and Water
Resources
Commencement:
On the day on which it
receives the Royal Assent
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
To amend the
Sydney Harbour Federation Trust Act 2001
(the SHFTA) in order to extend the date by which that Act is to be
repealed to 19 September 2033.
In delivering the
1997-98 budget, the Commonwealth Government announced that it would
establish a $1 billion Federation Fund to fully or partly finance
projects of national significance as part of centenary
activities. [1]
Its 1998 election commitment was, amongst
other things, to preserve for future generations, Commonwealth
lands on the Sydney Harbour foreshore on which stood former
military installations. The Government announced that, as the
Department of Defence relocated from certain sites around Sydney
Harbour, it would establish a Trust to assume management and
planning responsibilities for those sites. [2]
The SHFTA which established the Sydney Harbour
Federation Trust (the Trust) came into force on 20 September 2001.
The objects of the Trust are, amongst other things, to ensure that
management of Trust land contributes to enhancing the amenity of
the Sydney Harbour regions, to protect and conserve the
environmental and heritage values of the land and to maximise
public access to it. [3]
There were originally five sites covered by this
commitment being land at:
-
Cockatoo Island
-
Georges Heights
-
Middle Head
-
North Head, and
-
By 3 September 2003 the five sites had been
extended to seven described as:
-
North Head Artillery School
-
Middle Head, Georges Heights, Chowder Bay
-
Woolwich Dock and Parklands
-
Cockatoo Island
-
Macquarie Lightstation, and
- Former Marine Biological Station, Watsons Bay. [5]
The work of the Trust in planning,
rehabilitating and conserving its sites for future generations has
been recognised on a number of occasions by professional
bodies.
On 23 July 2005 an eighth site, Sydney s
disused submarine base, HMAS Platypus was put into the care of the
Trust. [6]
The Australian Government s original intention
was for the Trust to be a transitional body to manage Commonwealth
lands in and around the Sydney harbour region and maximise public
access until 2011, when suitable land would be transferred to New
South Wales for inclusion in the national parks and reserve system.
The extension of the life of the Trust supports a recent agreement
between the Commonwealth and New South Wales to transfer
Commonwealth Crown land at North head to the Trust until 2032. This
extension of the date by which the Act is to be repealed will
ensure that the Trust is in existence when the North Head site is
due to be transferred back to New South Wales. [7]
The Explanatory Memorandum states that the
Bill will have no financial impact. [8]
The SHFTA contains a number of measures
designed to allow the Trust to develop a sustainable financial
base. The Trust s most recent Annual Report for the financial year
2005/06 indicates that:
The Harbour Trust received total Government
appropriation of $23.651m comprising $3.151m in departmental
appropriation and $20.5m capital equity injection. Revenue was also
generated from sale of houses at Markham Close, the rental of Trust
properties, licences for the hire of Harbour Trust sites and
facilities, tour fees, and a grant from the Natural Heritage Fund
for environmental works.
[9]
It would appear that the Trust will generate
some financial resources on its own account which can be utilised
to fund the cost of maintenance of the Trust lands and buildings
from 2011 to 2033.
Existing paragraph 64(1)(b) provides that the
Trust must not, except with the Minister s written approval, enter
into a lease or licence of Trust land for a period that ends more
than 10 years after the date of commencement of the SHFTA. As the
SHFTA commenced on 20 September 2001, this means that the Trust
must not, currently, enter into a lease or licence of Trust land
which ends after 19 September 2011, except with the Minister s
written approval.
Item 1 amends this paragraph
to extend the period to 19 September 2033.
Item 2 inserts a note at the
end of existing paragraph 64(1)(b) to clarify that the SHFTA
commenced on 20 September 2001. As the SHFTA commenced on a date to
be fixed by Proclamation [10] this clarifies the date of
commencement.
Item 3 amends existing
subsection 66(1) by omitting the provision for the SHFTA to be
repealed ten years after the commencement of the Act and inserting
that the SHFTA is to be repealed on 19 September 2033.
Item 4 adds a note to the
existing subsection 66(1) that the SHFTA commenced on 20 September
2001.
Endnotes
[1]. The Hon Peter
Costello, Second Reading Speech, Appropriation Bill No.1 1999,
Representative Debates, 13 May 1997, p. 3398.
[2]. Coalition
Environment Policy, Protecting the Sydney
Harbour Foreshore, September 1998.
[3]. Section 6,
Sydney Harbour Federation Trust Act
2001.
[4]. Preamble,
Sydney Harbour Federation Trust Act
2001.
[5]. The Hon Dr David
Kemp MP, Minister for Environment and Heritage, Plans to revitalise
Sydney Harbour landmarks gets the official tick , Media
Release, 3 September 2003.
[6]. C. Munro,
Platypus plans to bring businesses back to base , Sydney
Morning Herald, 18 January, 2007, p. 3.
[7]. Explanatory
Memorandum, p. 2.
[9]. Sydney Harbour
Federation Trust, Sydney Harbour Federation Trust Annual Report
05/06 , Mosman, NSW, p.28.
[10]. Section 2,
Sydney Harbour Federation Trust Act
2001.
Paula Pyburne
Law and Bills Digest Section
11 September 2007
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