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/.

Purpose

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amend the Sydney Harbour Federation Trust Act 2001 (the SHFTA) in order to extend the date by which that Act is to be repealed to 19 September 2033.

Background

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:

By 3 September 2003 the five sites had been extended to seven described as:

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]

Financial implications

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:

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.

Main provisions

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