Territory Co-ordinator (NT)

The NT government has proposed legislation that introduces the public office of Territory Co-ordinator (TC). The TC will act as an intermediary between government agencies and private sector actors proposing large-scale developments and projects in the NT in a change aimed at fast-tracking economic development. This page outlines how the Territory Co-ordinator is proposed to operate.

Legislation

The Territory Co-ordinator Bill 2025, if passed, will govern how the Territory Co-ordinator operates and the powers they have. The Bill has been referred to the Legislative Scrutiny Committee, which is due to table its report by 12 March 2025.

Under section 8 of the Bill, the Act’s primary principle is that when exercising functions, the Co-ordinator must have regard to:

• the primary objective of driving economic development of the NT; and
• the potential social and environmental outcomes for the NT.

Appointment of Territory Co-ordinator

The Territory Co-ordinator will be appointed by the Administrator and can be any person with the suitable qualifications and experience for the role. Former INPEX General Manager Suart Knowles was appointed interim Territory Co-ordinator in 2024.

Functions of Territory Co-ordinator

Section 19 of the Bill sets out the functions of the Territory Co-ordinator. These include the following:

• To assess, facilitate and co-ordinate the delivery of economically significant projects and developments
• To identify and investigate projects and works to determine whether they should be designated as significant
• To prepare, co-ordinate and oversee projects and works
• To provide a a single point of contact for the case management of projects and works.

Powers

The TC will have very broad powers, including the power to request information, documents and assistance from a public entity in relation to a project; the power to direct a public entity to co-ordinate actions or share information in relation to a project; and the power to undertake public consultation in relation to a plan.

The TC will also have the power to issue an exemption notice. An exemption notice modifies or excludes the operation of the law in relation to a project on the basis that either:

• the application of the law is not necessary for the regulation of the project; or
• the law can be modified or excluded because it duplicates another statutory process.

The TC will also have the power to issue Step-In Notices. A Step-In Notice is a Notice advising that the TC intends to step in and exercise a power or undertake a process in the place of the entity. This may occur in relation to a decision or process that relates to a project, plan or activity to be undertaken by the Commissioner.

What is a significant project?

Under section 23 of the Bill, the Co-ordinator may designate a project a significant project if they believe on reasonable grounds that:

• the project is on economic significance to the NT or a region of the NT; or
• is complex in nature and of regional significance in terms of its scale or impact; or
• meets the criteria prescribed by Regulation.

Concerns about the proposal

Many concerns have been voiced by the community about the Bill, including that it represents a desire to ‘cut corners’ at the expense of compliance with the law and that it contains inadequate protections for the rights of Indigenous people.

The Environment Defenders Officer outlined the following concerns with the draft legislation in a briefing note:

• That the Bill gives too much power to the Territory Co-ordinator, who would be able to make decisions across a wide range of Acts without the usual controls that apply to government decisions
• The Bill does not include the appropriate checks and balances, with the Commissioner supervised only by the Chief Minister
• The criteria for designating a project a ‘significant project’ are very broad and very large, meaning that huge parts of the NT could become subject to the Commissioner’s powers
• The Bill allows for economic consideration to override social and environmental considerations, which are framed as a secondary consideration
• The Bill changes how important decisions are made, particularly through the Direction Power and the Exemption Power
• The Bill gives the Commissioner the power to vary the conditions on existing statutory approvals.

Support for the proposal

Supporters of the proposed changes argue that it will make the Territory an easier place to do business, that there has been public consultation on the legislation, and that the new powers will be used sparingly.

The Bill is expected to pass in March.

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