Port Bellarine Tourist Resort (Repeal) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 TABLE OF PROVISIONS Section Page 1 Purposes 2 2 Commencement 2 3 Interpretation 2 4 Repeal of Port Bellarine Tourist Resort Act 1981 3 5 Termination of Agreement 3 6 Termination of Crown lease 4 7 Revocation of reservation of land 4 8 Port Bellarine Committee of Management 4 9 Port Bellarine Public Reserve Management Fund 4 10 No amount payable by the Crown 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Port Bellarine Tourist Resort (Repeal) Act 2012 † No. 16 of 2012 [Assented to 3 April 2012] Preamble In April 1981, Grawin Pty. Limited and the State of Victoria entered into an agreement for the development of a tourist resort on certain lands near Portarlington. The Agreement was ratified by the Port Bellarine Tourist Resort Act 1981. A lease of Crown land was granted to Grawin Pty. Limited for the development on 5 June 1985. The development of the resort has not occurred. It is expedient to repeal the Port Bellarine Tourist Resort Act 1981 and to terminate the Agreement and the Crown lease. Victoria -- 2 of 7 -- Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 2 Authorised by the Chief Parliamentary Counsel The Parliament of Victoria therefore enacts: 1 Purposes The main purposes of this Act are— (a) to repeal the Port Bellarine Tourist Resort Act 1981; and (b) to terminate the Agreement between Grawin Pty. Limited and the State of Victoria for the development of a tourist resort on certain lands near Portarlington; and (c) to terminate a Crown lease granted under that Act to Grawin Pty. Limited. 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. 3 Interpretation (1) In this Act— Grawin Pty. Limited means Grawin Pty. Limited ACN 005 237 098; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; the Agreement means the Agreement a copy of which is set out in the First Schedule to the Port Bellarine Tourist Resort Act 1981; s. 1 -- 3 of 7 -- Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 3 Authorised by the Chief Parliamentary Counsel the Crown lease means the lease granted on 5 June 1985 by the Port Bellarine Committee of Management under section 16 of the Port Bellarine Tourist Resort Act 1981 to Grawin Pty. Limited. (2) Words and expressions used in the Port Bellarine Tourist Resort Act 1981 have the same respective meanings in this Act as they have in that Act. 4 Repeal of Port Bellarine Tourist Resort Act 1981 The Port Bellarine Tourist Resort Act 1981 is repealed. 5 Termination of Agreement (1) The Agreement is terminated. (2) All rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with the Agreement are extinguished. (3) Without limiting subsection (2), that subsection applies whether or not the Agreement is in force at the commencement of this Act. (4) If the Agreement is not in force at the commencement of this Act, the termination of the Agreement is confirmed. See: Act No. 9555. Reprint No. 1 as at 14 July 1997 and amending Act Nos 46/1998 and 11/2001. LawToday: www. legislation. vic.gov.au s. 4 -- 4 of 7 -- Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 4 Authorised by the Chief Parliamentary Counsel 6 Termination of Crown lease (1) The Crown lease is terminated. (2) All rights and liabilities of the State and Grawin Pty. Limited arising out of or in connection with the Crown lease are extinguished. (3) Without limiting subsection (2), that subsection applies whether or not the Crown lease is in force at the commencement of this Act. (4) If the Crown lease is not in force at the commencement of this Act, the termination of the Crown lease is confirmed. 7 Revocation of reservation of land (1) This section applies in relation to any land in the Tourist Resort Area that, pursuant to section 13 of the Port Bellarine Tourist Resort Act 1981— (a) is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978; or (b) is permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978— for the purpose of providing areas for public recreation and facilities and services for tourists. (2) Any reservation referred to in subsection (1) is revoked. 8 Port Bellarine Committee of Management The Port Bellarine Committee of Management is abolished. 9 Port Bellarine Public Reserve Management Fund Any amount standing to the credit of the Port Bellarine Public Reserve Management Fund immediately before the commencement of this Act is to be paid into the Consolidated Fund. s. 6 -- 5 of 7 -- Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 5 Authorised by the Chief Parliamentary Counsel 10 No amount payable by the Crown (1) No amount is payable by the Crown (as compensation, damages or otherwise) to any person for any loss or damage arising out of or in connection with the enactment of this Act. (2) Without limiting subsection (1), the Crown is not liable to any person for any claim arising out of or in connection with the termination of the Agreement or the Crown lease. ═══════════════ s. 10 -- 6 of 7 -- Port Bellarine Tourist Resort (Repeal) Act 2012 No. 16 of 2012 6 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 March 2012 Legislative Council: 27 March 2012 The long title for the Bill for this Act was "A Bill for an Act to repeal the Port Bellarine Tourist Resort Act 1981, to terminate the Agreement ratified by that Act and to terminate a Crown lease granted under that Act, and for other purposes." Endnotes -- 7 of 7 --