Northern Territory Second Reading Speeches

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AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) BILL 1999

Most major project such as the AustralAsia Railway project require special legislation to be enacted. In the Northern Territory projects such as Mount Todd, the Merlin Diamond Mine and the Granites Gold Mine have all resulted in a project legislation.

In the case of the AustralAsia Railway project, the approach has been to identify and clearly set out in legislation the modifications made to existing Territory legislation. In respect of the provisions concerning approval of the streamlining of the mining requirements, an application of the Workmen Lien’s Act, it is envisaged that these provisions of this Bill will only be required for the duration of construction of the railway between Alice Springs and Darwin. Once construction has been completed, these provisions will be repealed and normal processes will apply to any upgrades or extensions to the railway. The bill provides statutory priority for the consideration by ministers, departmental officers, statutory corporations and local government of applications by the consortium in connection with the railway, ensuring that every effort will be made by government to facilitate the project.

The bill specifies that railway infrastructure will remain personal property and not be treated as a fixture to the land. The bill streamlines certain requirements of the Planning Act in relation to the project, creating a control plan for the corridor to entitle the consortium to construct the track and associated track structures, drainage works, track support, earthworks, tunnels, bridges, signalling systems, communication systems, overhead power supply systems, and power and communication cables without making a development application. Individual development applications will still be required for transport and passenger terminals, rolling stock maintenance facilities, office buildings or housing freight centres or depots. The bill deems existing structures to comply with the Building Act. The bill efficiently reconciles the interface between the rail corridor and the Crown Lands Act, the Control of Roads Act, the Local Government Act, the Territory Parks and Wildlife Act, the Mining Act, and the Fences Act.

The bill creates a statutory right in relation to road and rail crossings required to maintain continuity of the corridor. After obtaining written consent from the minister with responsibility for the Control of Roads Act, the consortium can construct, operate and maintain a railway through a road and road reserve. The grant of permission may be subject to such conditions concerning safety, installation, operation and maintenance of safety devices, and the construction use and maintenance of the adjacent road as the minister thinks fit. Where there is a Power and Water Authority installation within the corridor at the date that title is issued, the Bill deems an easement to exist in favour of the authority and the authority has the right to have the easement noted on the title as a statutory vesting. The bill specifies that the Workman Lien’s Act does not apply to the construction of the railway. The bill also amends the AustralAsia Railway Corporation Act to increase the statutory limit on expenditure on the railway to $165m. The proposed amendment will also enable civil penalty to be recovered in respect of certain matters dealt with in the concession deed.

Finally, the amendments to the Australasia Railway Corporation contained in the bill will add a new function to the Australasia Railway Corporation, the co-ordination of the consideration of applications in connection with the railway project.

I commend the bill to honourable members.

Debate adjourned.

 

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