Draft Sydney Harbour Federation Trust Amendment Bill 2020 – and the proposed changes to Leasing Provisions

 

THE CAMPAIGN

Following the Independent Review, the Commonwealth Government is sought to change the Sydney Harbour Federation Act, to allow long leases of 35 years or more, without adequate Parliamentary and community scrutiny.

In October 2020 the Harbour Trust published the Exposure Draft Sydney Federation Harbour Trust Bill.

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CORE VALUES

HPG is committed to ensuring that Trust lands are ‘protected, conserved and interpreted’ for future generations of Australians to enjoy. This requires strong legislative protections that are transparent and will provide the necessary protections. The tragedy will be if the Trust loses control of these lands to commercial entities that have only their own interests at heart.


HPG’s position

HPG was opposed to the Harbour Trust's push for leases of 35 years or more. Proposed amendments to the Trust Act would alienate public land.

Leases of 35 years or more could result in lease terms of, say, 99 years, which is the effective sale of land for a private purpose. There is no need for leases over 35 years. Most commercial leases are for terms of 25 years or less. The Trust has many successful tenants, all of whom have leases of 25 years or less.

READ HPG's POSITION PAPER HERE→

 
 

  • When the Sydney Harbour Federation Trust (Harbour Trust) was formed in 2001, it was intended that the Trust should be largely reliant on financing through Parliamentary appropriations.

  • The rationale provided by the Minister for an amendment to leasing provisions to allow for longer leases, was to provide the Trust greater flexibility in its leasing capability. The Amendment provisions provided for long leases of 35 years or more. This was an attempt to attract additional private investment providing funding for the Trust to rehabilitate its sites.

  • HPG did not support any changes that would water down the protections afforded by the Trust Act, the Comprehensive Plan and the Management Plans.

 
ABOVE: HPG is campaigning to ensure that the Harbour Trust focuses on protecting and conserving the heritage values of all its sites. Image Marta Sengers

ABOVE: HPG campaigned to ensure that the Harbour Trust was focused on protecting and conserving the heritage values of all its sites. Image Marta Sengers

 

Key Points:

1.

Trust lands hold rich indigenous, colonial and military heritage that tell the story of our Nation. They boast a pristine natural environment of native vegetation and a rich marine habitat. The footprint of the built environment is soft upon the land providing an unparalleled natural parkland of beauty and respite.

2.

Trust lands were a gift from the Commonwealth Government to the people of Australia in celebration of 100  years of Federation. As the Prime Minister, John Howard, said: 

‘Sydney Harbour, as I don’t need to remind any Australian, is probably the world’s greatest harbour. It  is one of the great natural beauty spots of our nation. It is …….. one of those parts of our country which  gives immense pride and immense pleasure, not only to the residents of Sydney, but also to all  Australians because it wins such wide acclaim around the world.’  

3.

These exceptional Harbour Trust sites must be preserved, protected and interpreted as required by the objects  legislated in the Sydney Harbour Federation Trust Act for the people of Australia to enjoy. Three objects have  particular relevance here: 

  1. to protect, conserve and interpret the environmental and heritage values of Trust land;

  2. to maximise public access to Trust land; 

  3. to establish and manage suitable Trust land as a park on behalf of the Commonwealth as the  national government;