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Sydney Harbour Federation Trust Amendment Bill 2007

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2004-2005-2006-2007

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

SYDNEY HARBOUR FEDERATION TRUST AMENDMENT BILL 2007

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for the Environment and Water Resources, the Honourable Malcolm Turnbull MP)

 



SYDNEY HARBOUR FEDERATION TRUST AMENDMENT BILL 2007

 

GENERAL OUTLINE

 

The purpose of this Bill is to amend the Sydney Harbour Federation Trust Act 2001 (‘the Act’) in order to extend the date by which the Act is to be repealed to 19 September 2033.

 

FINANCIAL IMPACT STATEMENT

 

The Bill will have no financial impact .

 

 



NOTES ON INDIVIDUAL CLAUSES

 

Clause 1 - Short title

1.         This clause provides that the short title by which the Act may be cited is the Sydney Harbour Federation Trust Amendment Act 2007.

 

Clause 2 - Commencement

2.         This clause provides that the provisions of the Bill will commence on the day on which it receives the Royal Assent.

 

Clause 3 - Schedule(s)

3.         This clause provides that each Act specified in a Schedule is amended or repealed as set out in the Schedule concerned and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1 - Amendment of the Sydney Harbour Federation Trust Act 2001

 

Item 1- Paragraph 64(1)(b)

4.         Currently, paragraph 64(1)(b) prohibits the Sydney Harbour Federation Trust (the Trust), except with the Minister’s written approval, from entering into a lease or licence of Trust land for a period that ends after the end of 10 years from the commencement of the Sydney Harbour Federation Trust Act 2001 (the Act) (the Act commenced on

20 September 2001).

 

5.         The purpose of this item is to amend paragraph 64(1)(b) to extend the period for which the Trust must obtain the Minister’s written approval for a lease or licence of Trust land from “10 years” to “19 September 2033”, and is required as a consequence of item 3 below (which extends the period by which the Act is to be repealed from 10 years after the commencement of the Act (2011) to 19 September 2033).

 

Item 2 - At the end of paragraph 64(1)(b)

6.         This item inserts a note at the end of paragraph 64(1)(b) to clarify that the Act commenced on 20 September 2001.

 

Item 3 - Subsection 66(1)

7.         This item amends subsection 66(1) to extend the period by which the Act is to be repealed from “10 years after the commencement of the Act (2011)” to

“19 September 2033”.  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 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 transferred back to New South Wales.

 

Item 4 - At the end of subsection 66(1)

8.         This item inserts a note at the end of subsection 66(1) of the Act to clarify that the Act commenced on 20 September 2001.