Melbourne Cricket Ground and Yarra Park Amendment Act 2009

i Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 2 1 Purpose 2 2 Commencement 2 PART 2—AMENDMENTS TO THE MELBOURNE (YARRA PARK) LAND ACT 1980 4 3 New Part 1 heading inserted 4 4 Definition 4 5 New Part 2 heading inserted 5 6 Consequential amendments to section 3 6 7 Consequential amendments to section 4 6 8 New Parts 3 and 4 inserted 6 PART 3—OTHER PROVISION AS TO YARRA PARK RESERVE 6 5 Revocation of Crown grant for Yarra Park Reserve 6 6 Revocation of appointment of Council as committee of management for Yarra Park Reserve 6 7 Appointment of Trust as committee of management for Yarra Park Reserve 7 8 Management and improvement plan for Yarra Park Reserve 7 9 Car parking 9 10 Money received in relation to Yarra Park Reserve 11 11 Yarra Park Advisory Committee 11 12 Function of Yarra Park Advisory Committee 12 13 Procedure of Yarra Park Advisory Committee 13 14 Unused road to be added to Yarra Park Reserve 13 15 Brunton Avenue land to be excised from Yarra Park Reserve 15 16 Railway land to be excised from Yarra Park Reserve 16 17 Registrar of Titles 17 18 Regulations for Yarra Park Reserve 18 -- 1 of 32 -- Section Page ii PART 4—TRANSITIONAL PROVISIONS 19 19 Preservation of vendor licences 19 20 Preservation of Punt Road Oval lease 21 21 Preservation of management contracts 21 22 Punt Road Oval Agreement 23 23 Revocation of old regulations 23 24 Revocation of Yarra Park Parking Agreement 24 PART 3—AMENDMENTS TO THE MELBOURNE CRICKET GROUND ACT 2009 25 9 Definitions 25 10 Powers and functions 25 11 Delegation to Melbourne Cricket Club 25 12 Delegation by Melbourne Cricket Club 25 13 Business plan 26 14 Annual report 26 15 Ministerial determination in relation to floodlights 26 PART 4—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987 27 16 Schedule 1 amended to include Melbourne (Yarra Park) Land Act 1980 27 PART 5—REPEAL OF ACT 28 17 Repeal of Act 28 __________________ SCHEDULES 29 SCHEDULE 1—Yarra Park Land 29 ═══════════════ ENDNOTES 30 -- 2 of 32 -- 1 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 † No. 89 of 2009 [Assented to 15 December 2009] Preamble By an Order in Council dated 9 June 1873 land known as Yarra Park was permanently reserved as a site for a public park. By a Crown grant dated 13 June 1873 and entered in the register book of the Office of Titles Volume 600 Folio 119902, the Board of Land and Works and the Council of the City of Melbourne were appointed as joint trustees of Yarra Park. By an Order in Council dated 9 October 1917, the Council of the City of Melbourne was appointed as the committee of management for Yarra Park. The Minister for Environment and Climate Change and the Council of the City of Melbourne are the current trustees of Yarra Park. Victoria -- 3 of 32 -- Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 2 It is expedient that the appointment of the Council of the City of Melbourne as the committee of management for Yarra Park and the appointment of the joint trustees of Yarra Park be revoked and that the Melbourne (Yarra Park) Land Act 1980, the Melbourne Cricket Ground Act 2009 and the Conservation, Forests and Lands Act 1987 be amended in order to appoint the Melbourne Cricket Ground Trust as the committee of management for Yarra Park. The Parliament of Victoria therefore enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Melbourne (Yarra Park) Land Act 1980, the Melbourne Cricket Ground Act 2009 and the Conservation, Forests and Lands Act 1987 to— (a) redefine the boundaries of Yarra Park Reserve; and (b) provide for the Melbourne Cricket Ground Trust to be the committee of management for Yarra Park Reserve; and (c) expand the functions of the Melbourne Cricket Ground Trust; and (d) make further provision for management arrangements for Yarra Park Reserve. 2 Commencement (1) This Act comes into operation on a day to be proclaimed. s. 1 -- 4 of 32 -- Part 1—Preliminary Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 3 (2) If this Act does not come into operation before 15 March 2010, it comes into operation on that day. __________________ s. 2 -- 5 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 4 PART 2—AMENDMENTS TO THE MELBOURNE (YARRA PARK) LAND ACT 1980 3 New Part 1 heading inserted Before section 1 of the Melbourne (Yarra Park) Land Act 1980 insert— "PART 1—PRELIMINARY". 4 Definition (1) In section 2 of the Melbourne (Yarra Park) Land Act 1980 the definition of corporation is repealed. (2) In section 2 of the Melbourne (Yarra Park) Land Act 1980 insert the following definitions— "2009 Act means the Melbourne Cricket Ground and Yarra Park Amendment Act 2009; City of Melbourne has the same meaning as in the City of Melbourne Act 2001; Council means the Melbourne City Council; land includes a stratum of land; major event means an event or events involving the use of the Melbourne Cricket Ground or facilities at Melbourne Park or Olympic Park; Melbourne and Olympic Parks Trust means the Melbourne and Olympic Parks Trust established by the Melbourne and Olympic Parks Act 1985; s. 3 See: Act No. 9422 and amending Act No 41/1987. LawToday: www. legislation. vic.gov.au -- 6 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 5 Melbourne Cricket Club has the same meaning as in the Melbourne Cricket Ground Act 2009; Melbourne Cricket Ground has the same meaning as Ground has in the Melbourne Cricket Ground Act 2009; Melbourne Park has the same meaning as in the Melbourne and Olympic Parks Act 1985; Olympic Park has the same meaning as in the Melbourne and Olympic Parks Act 1985; specified Minister means— (a) the Minister; or (b) the Minister administering the Sport and Recreation Act 1972; Trust means the Melbourne Cricket Ground Trust established by the Melbourne Cricket Ground Act 2009; VicTrack means Victorian Rail Track established by the Rail Corporations Act 1996; Yarra Park Reserve means the land described as Crown Allotment 2B of section 19C and Crown Allotment 2019 at East Melbourne, City of Melbourne, Parish of Melbourne North and any land taken to be part of Yarra Park Reserve by the operation of this Act.". 5 New Part 2 heading inserted After section 2 of the Melbourne (Yarra Park) Land Act 1980 insert— "PART 2—LEASES OF CERTAIN LAND IN YARRA PARK". s. 5 -- 7 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 6 6 Consequential amendments to section 3 (1) Insert the following heading to section 3 of the Melbourne (Yarra Park) Land Act 1980— "Trust may grant leases of land described in the Schedule". (2) In section 3(1) of the Melbourne (Yarra Park) Land Act 1980, for "corporation" substitute "Trust". (3) In section 3(3) of the Melbourne (Yarra Park) Land Act 1980, for "corporation" substitute "Trust". 7 Consequential amendments to section 4 In section 4 of the Melbourne (Yarra Park) Land Act 1980, for "this Act" substitute "this Part". 8 New Parts 3 and 4 inserted After section 4 of the Melbourne (Yarra Park) Land Act 1980 insert— "__________________ PART 3—OTHER PROVISION AS TO YARRA PARK RESERVE 5 Revocation of Crown grant for Yarra Park Reserve Crown grant Volume 600 Folio 119902 is revoked. 6 Revocation of appointment of Council as committee of management for Yarra Park Reserve The appointment of the Council as the committee of management for Yarra Park Reserve under the Order in Council dated 9 October 1917 is revoked. s. 6 -- 8 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 7 7 Appointment of Trust as committee of management for Yarra Park Reserve The Trust is taken to be appointed under section 14(2) of the Crown Land (Reserves) Act 1978 as the committee of management for Yarra Park Reserve. 8 Management and improvement plan for Yarra Park Reserve (1) The Trust must prepare a management and improvement plan for Yarra Park Reserve for each year. (2) The Trust must submit the plan to each specified Minister for approval on or before the same date in each year that is determined by the Minister under section 25(3) of the Melbourne Cricket Ground Act 2009. (3) Before submitting the plan under subsection (2), the Trust must consult with the Melbourne and Olympic Parks Trust in relation to the provision of car parking in Yarra Park Reserve for the purpose of major events. (4) The plan must be in the form approved by each specified Minister and must include— (a) a statement of intent, being information about the objectives, main undertakings, activities, performance measures and targets of the Trust in relation to Yarra Park Reserve; and (b) strategies to support major events; and (c) strategies to support community access to Yarra Park Reserve for all purposes consistent with the purposes of the reservation of Yarra Park Reserve s. 8 -- 9 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 8 including informal recreation and events; and (d) strategies to improve the long term health and sustainability of Yarra Park Reserve and its trees; and (e) strategies to maintain and enhance the amenity of Yarra Park Reserve; and (f) any other matter that a specified Minister directs and that is consistent with— (i) the purposes for which the land may be used under this Act; and (ii) the purposes for which the land is reserved. (5) The Trust must consider any comment on the plan prepared under subsection (4) that is made by a specified Minister within 2 months after the plan was submitted to that Minister. (6) If a specified Minister has made a comment under subsection (5), the Trust must— (a) consult in good faith with the Minister; and (b) make any change to the plan that is agreed upon between the Minister and the Trust; and (c) make any change to the plan that is reasonable and required by each specified Minister in writing and that is consistent with— (i) the purposes for which the land may be used under this Act; and (ii) the purposes for which the land is reserved; and s. 8 -- 10 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 9 (d) deliver the settled plan to each specified Minister for approval. (7) On receiving a settled plan under subsection (6)(d) each specified Minister may approve the plan. (8) The whole or a part of the plan must not be published or made available except for the purposes of this section without the prior approval of each specified Minister. 9 Car parking (1) Subject to this section, the Trust may provide car parking in Yarra Park Reserve for the following purposes— (a) major events; (b) the management, use and enjoyment of the facilities at the Melbourne Cricket Ground when major events are not being held at the Melbourne Cricket Ground; (c) the management, use and enjoyment of the facilities of the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval; (d) any purpose consistent with the purposes of the reservation of Yarra Park Reserve. (2) In making any decision to provide car parking for the purpose set out in subsection (1)(a), the Trust must have regard to— (a) the expected demand for car parking in Yarra Park Reserve for major events; s. 8 -- 11 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 10 (b) the extent and patterns of previous use of Yarra Park Reserve for car parking for major events; (c) an assessment of the effect the car parking will have on the condition of the surface of Yarra Park Reserve; (d) an assessment of the effect the car parking will have on the condition of the soil of Yarra Park Reserve and the level of sub-surface water content; (e) an assessment of the effect the car parking will have on the condition of the trees in Yarra Park Reserve; (f) the need to rotate car parking to minimise excessive damage or wear to the surface or sub-surface of Yarra Park Reserve; (g) the protection of private or public property in Yarra Park Reserve; (h) the safety of pedestrians and car parking attendants in Yarra Park Reserve. (3) In making any decision to provide car parking for a purpose set out in subsection (1)(b), the Trust must restrict car parking to any paved areas in the immediate vicinity of the Melbourne Cricket Ground. (4) In making any decision to provide car parking for a purpose set out in subsection (1)(c), the Trust must have regard to restricting car parking to areas on, and in the immediate vicinity of, the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval. s. 8 -- 12 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 11 (5) The Trust must not provide car parking in Yarra Park Reserve for any purpose other than a purpose set out in this section. 10 Money received in relation to Yarra Park Reserve (1) Any money received by, or collected on behalf of, the Trust in relation to Yarra Park Reserve must not be spent for any purpose other than the operation, management, maintenance and improvement of Yarra Park Reserve. (2) All money received and spent in relation to Yarra Park Reserve must be accounted for separately in the financial statements of the Trust. 11 Yarra Park Advisory Committee (1) There is established by this Act an advisory committee known as the Yarra Park Advisory Committee. (2) The Yarra Park Advisory Committee consists of up to 7 members appointed by the Minister administering the Sport and Recreation Act 1972 including— (a) a member of the Trust; (b) a representative of the Melbourne Cricket Club, being the chief executive officer or a nominee of the chief executive officer; (c) a person nominated by the Council to represent the Council; (d) up to 2 other persons nominated by the Council, following consultation with the Minister administering the Sport and Recreation Act 1972, that the Council considers— s. 8 -- 13 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 12 (i) have regular use of public parks within the City of Melbourne; and (ii) have knowledge of the issues involved in the management and use of public parks within the City of Melbourne; and (iii) have an understanding of community needs for public parks within the City of Melbourne; and (iv) can demonstrate community support for their nomination; (e) other persons considered by the Minister administering the Sport and Recreation Act 1972 to be appropriate. (3) The chairperson of the Yarra Park Advisory Committee is the member appointed under subsection (2)(a). (4) A person appointed under subsection (2)(d) or (e)— (a) is appointed for the period, not exceeding 3 years, specified in his or her instrument of appointment; and (b) is eligible for re-appointment; and (c) is subject to the terms and conditions specified in his or her instrument of appointment. 12 Function of Yarra Park Advisory Committee The function of the Yarra Park Advisory Committee is to advise the Trust on the operation, management and improvement of Yarra Park Reserve. s. 8 -- 14 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 13 13 Procedure of Yarra Park Advisory Committee Subject to this Act, the Yarra Park Advisory Committee may regulate its own proceedings. 14 Unused road to be added to Yarra Park Reserve (1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-309 be added to Yarra Park Reserve. (2) The Minister may make a recommendation under subsection (1) on— (a) receiving plans of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plans signed by the Surveyor- General represents land that is to be added to Yarra Park Reserve. (3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is to be added to Yarra Park Reserve. (4) On the publication of an Order under subsection (3)— (a) the land shown on the plans signed by the Surveyor-General is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) s. 8 -- 15 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 14 Act 1978 for the purpose of a public park; and (b) the land shown on the plans signed by the Surveyor-General is taken to be included in, and form part of, the land permanently reserved under the Order in Council specified in Schedule 1; and (c) the Trust is taken to be appointed as the committee of management for the land shown on the plans signed by the Surveyor-General under section 14(2) of the Crown Land (Reserves) Act 1978. (5) On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General— (a) ceases to be a road or a part of a road or a road reserve and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and (b) is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that publication. s. 8 -- 16 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 15 15 Brunton Avenue land to be excised from Yarra Park Reserve (1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched and shown cross-hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-308 be excised from Yarra Park Reserve. (2) The Minister may make a recommendation under subsection (1) on— (a) receiving plans of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plans signed by the Surveyor- General represents land that is to be excised from Yarra Park Reserve. (3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is taken to be a road known as Brunton Avenue. (4) On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General is taken to be— (a) declared as a road under section 11 of the Road Management Act 2004; and (b) declared as an arterial road under section 14 of the Road Management Act 2004. s. 8 -- 17 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 16 (5) On the publication of an Order under subsection (3)— (a) subject to subsection (7), the land shown on the plans signed by the Surveyor-General is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests applying to that land immediately before that publication; and (b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land shown on the plans signed by the Surveyor-General. (6) Subsection (5)(a) is not to be taken to revoke the naming of Brunton Avenue on 28 June 1938 and published in the Government Gazette on 29 June 1938. (7) Any land excised from Yarra Park Reserve under this section is not to be taken to include any part of the Melbourne Cricket Ground. 16 Railway land to be excised from Yarra Park Reserve (1) The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-307 be excised from Yarra Park Reserve. (2) The Minister may make a recommendation under subsection (1) on— (a) receiving plans of land signed by the Surveyor-General; and s. 8 -- 18 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 17 (b) being satisfied that the land shown on the plans signed by the Surveyor- General represents land that is to be excised from Yarra Park Reserve. (3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is taken to be granted to VicTrack under section 13E of the Rail Corporations Act 1996. (4) On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General is taken to be granted to VicTrack under section 13E of the Rail Corporations Act 1996. (5) On the publication of an Order under subsection (3)— (a) the land shown on the plans signed by the Surveyor-General is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests applying to that land immediately before that publication; and (b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land shown on the plans signed by the Surveyor-General. 17 Registrar of Titles The Registrar of Titles is authorised and directed to make any entries in the Register that are necessary to give effect to this Part. s. 8 -- 19 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 18 18 Regulations for Yarra Park Reserve (1) The Minister may make regulations for or with respect to— (a) subject to the provision of car parking in Yarra Park Reserve in accordance with section 9, prohibiting or regulating traffic or car parking in Yarra Park Reserve; (b) prohibiting or regulating advertising or soliciting in Yarra Park Reserve; (c) prohibiting or regulating commercial activities in Yarra Park Reserve; (d) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act— (a) may prescribe a penalty not exceeding 20 penalty units for a contravention of any regulation; (b) may apply at all times or at specified times; (c) may apply throughout the whole of Yarra Park Reserve or in a specified part or parts of Yarra Park Reserve; (d) may apply to all cases or to all cases subject to specified exceptions or to any specified case or class of case. (3) Regulations made under this section and any revocation of any such regulations must be published in the Government Gazette. s. 8 -- 20 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 19 (4) Regulations made under this section and any revocation of any such regulations come into operation on the day that they are published in the Government Gazette. (5) Despite section 13(5) of the Crown Land (Reserves) Act 1978, any person who contravenes any regulation made under section 13 of that Act that applies to Yarra Park Reserve (other than a regulation of the kind referred to in section 13(6) of that Act) is liable to a penalty of not more than 20 penalty units. (6) Despite section 13(6) of the Crown Land (Reserves) Act 1978, any person who contravenes any regulation made under that section for or with respect to prohibiting the depositing and the leaving of any unwanted material or thing on Yarra Park Reserve is liable to a penalty of not more than 20 penalty units. Note Regulations made under this Act and regulations made under the Crown Land (Reserves) Act 1978 are relevant laws under the Conservation, Forests and Lands Act 1987. An offence under a relevant law may be enforced by way of infringement notice. See section 91 of the Conservation, Forests and Lands Act 1987. __________________ PART 4—TRANSITIONAL PROVISIONS 19 Preservation of vendor licences (1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of a vendor licence that is in force immediately before the commencement of that Act. s. 8 -- 21 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 20 (2) On and from the commencement of the 2009 Act, a vendor licence that is in force immediately before that commencement has effect— (a) as a licence between the Trust as licensor and the licensee for the time being under the licence, as if it had been assigned to the Trust; and (b) as if the Trust were a party to the licence instead of the Council. (3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under a vendor licence, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement. (4) In this section— vendor licence means— (a) a licence for the sale of refreshments or novelties in Yarra Park Reserve entered into by the Council with Event Catering Solutions Australia Pty Ltd, ABN 32 457 585 833 on 26 October 2007; (b) the licence for the sale of refreshments or novelties in Yarra Park Reserve entered into by the Council with Krisanth Pty Ltd, ABN 44 087 775 273 on 26 October 2007. s. 8 -- 22 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 21 20 Preservation of Punt Road Oval lease (1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of the lease over the land delineated and shown hatched on the plan in the Schedule and known as Punt Road Oval entered into by the Council with the Richmond Cricket Club, ABN 96 550 695 944 on 1 January 1995 that is in force immediately before the commencement of that Act. (2) The lease referred to in subsection (1) has effect on and from the commencement of the 2009 Act— (a) as a lease between the Trust as lessor and the lessee for the time being under the lease, as if it had been assigned to the Trust; and (b) as if the Trust were a party to the lease instead of the Council. (3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under the Punt Road Oval lease, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement. 21 Preservation of management contracts (1) The amendment of this Act by the 2009 Act is not to be taken to affect the status or continuity of a management contract that is in force immediately before the commencement of that Act. s. 8 -- 23 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 22 (2) On and from the commencement of the 2009 Act, a management contract that is in force immediately before that commencement has effect— (a) in so far as the contract relates to Yarra Park Reserve, as a contract between the Trust and the other party for the time being under the contract, as if it had been assigned to the Trust; and (b) in so far as the contract relates to Yarra Park Reserve, as if the Trust were a party to the contract instead of the Council. (3) Nothing in this section is to be taken as having the effect of transferring or assigning to the Trust any right, liability or obligation under a management contract, to the extent that the right, liability or obligation existed before the commencement of the 2009 Act or arises from events or circumstances that occurred or existed before that commencement. (4) In this section— management contract means— (a) the contract for the management and maintenance of parks and gardens in the City of Melbourne entered into by the Council with CityWide Services Solution Pty Ltd, ABN 94 066 960 085 on 1 April 2004; (b) the contract for the management and maintenance of trees in the City of Melbourne entered into by the Council with CityWide Services Solution Pty Ltd, s. 8 -- 24 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 23 ABN 94 066 960 085 on 1 April 2004; (c) the contract for the management of car parking in certain parks and gardens in the City of Melbourne entered into by the Council with S & K Car Park Management Pty Ltd, ABN 94 108 043 689 on 1 October 2008. 22 Punt Road Oval Agreement (1) Nothing in the amendments made to this Act by the 2009 Act is to be taken as having the effect of— (a) making the Trust a party to the Punt Road Oval Agreement; or (b) giving rise to any duty of the Trust or liability or other obligation on the Trust arising out of the Punt Road Oval Agreement. (2) In this section, the Punt Road Oval Agreement means the Funding Agreement for the Redevelopment of Training, Administrative and Community Facilities at Punt Road Oval entered into between the State of Victoria, the Melbourne City Council, the Richmond Football Club, ABN 25 679 793 340, and the Australian Football League, ACN 004 155 211 on 29 June 2009 in respect of the land described in the Schedule. 23 Revocation of old regulations On the commencement of the 2009 Act any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the whole or any part of Yarra Park Reserve immediately before that s. 8 -- 25 of 32 -- Part 2—Amendments to the Melbourne (Yarra Park) Land Act 1980 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 24 commencement are revoked to the extent that they apply to Yarra Park Reserve. 24 Revocation of Yarra Park Parking Agreement (1) On the commencement of the 2009 Act, the Yarra Park Parking Agreement ceases to have effect. (2) In this section, the Yarra Park Parking Agreement means the Yarra Park Parking Agreement entered into between the Melbourne City Council and the Minister for Planning on 28 October 2005 in respect of Yarra Park Reserve.". _________________ s. 8 -- 26 of 32 -- Part 3—Amendments to the Melbourne Cricket Ground Act 2009 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 25 PART 3—AMENDMENTS TO THE MELBOURNE CRICKET GROUND ACT 2009 9 Definitions (1) In section 3 of the Melbourne Cricket Ground Act 2009 insert the following definition— "Yarra Park Reserve has the same meaning as in the Melbourne (Yarra Park) Land Act 1980.". (2) In section 3 of the Melbourne Cricket Ground Act 2009, in the definition of Trust, for "4." substitute "4;". 10 Powers and functions After section 6(1)(a) of the Melbourne Cricket Ground Act 2009 insert— "(ab) to be the committee of management for Yarra Park Reserve; and". 11 Delegation to Melbourne Cricket Club (1) In section 21(1) of the Melbourne Cricket Ground Act 2009, after "Trust" (where secondly occurring) insert "under this or any other Act". (2) In section 21(2) of the Melbourne Cricket Ground Act 2009, after "Ground" insert "or to the Trust's role as committee of management for Yarra Park Reserve". 12 Delegation by Melbourne Cricket Club (1) In section 22(1) of the Melbourne Cricket Ground Act 2009, after "Trust" (where secondly occurring) insert "under this or any other Act". (2) In section 22(2) of the Melbourne Cricket Ground Act 2009, after "Ground" insert "or Yarra Park Reserve". s. 9 See: Act No. 15/2009. LawToday: www. legislation. vic.gov.au -- 27 of 32 -- Part 3—Amendments to the Melbourne Cricket Ground Act 2009 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 26 13 Business plan After section 25(4) of the Melbourne Cricket Ground Act 2009 insert— "(4A) The plan prepared under subsection (4) must also include the performance measures and targets included in the statement of intent included in the management and improvement plan for the year approved under section 8(7) of the Melbourne (Yarra Park) Land Act 1980.". 14 Annual report (1) In section 26(2) of the Melbourne Cricket Ground Act 2009, in paragraph (b), for "year." substitute "year; and". (2) In section 26(2) of the Melbourne Cricket Ground Act 2009, after paragraph (b) insert— "(c) an explanation of whether the performance measures and targets included in the statement of intent included in the management and improvement plan for the year approved under section 8(7) of the Melbourne (Yarra Park) Land Act 1980 have been met for the financial year.". 15 Ministerial determination in relation to floodlights Section 30(4) of the Melbourne Cricket Ground Act 2009 is repealed. __________________ s. 13 -- 28 of 32 -- Part 4—Amendments to the Conservation, Forests and Lands Act 1987 Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 27 PART 4—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987 16 Schedule 1 amended to include Melbourne (Yarra Park) Land Act 1980 In Schedule 1 to the Conservation, Forests and Lands Act 1987, after "Land Conservation (Vehicle Control) Act 1972." insert "Melbourne (Yarra Park) Land Act 1980.". __________________ s. 16 See: Act No. 41/1987. Reprint No. 7 as at 29 February 2008 and amending Act Nos 12/2008, 4/2009, 6/2009 and 40/2009. LawToday: www. legislation. vic.gov.au -- 29 of 32 -- Part 5—Repeal of Act Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 28 PART 5—REPEAL OF ACT 17 Repeal of Act This Act is repealed on 15 March 2012. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 17 -- 30 of 32 -- Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 29 SCHEDULES SCHEDULE 1 YARRA PARK LAND Situation and area of land: County of Bourke, City of Melbourne, East Melbourne, land known as Yarra Park. Instrument and date of reservation: Order in Council dated 9 June 1873. Description of land by reference to Government Gazette: Government Gazette dated 13 June 1873, page 1059. Purpose of reservation: Site for Public Park. ═══════════════ Sch. 1 -- 31 of 32 -- Melbourne Cricket Ground and Yarra Park Amendment Act 2009 No. 89 of 2009 30 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 November 2009 Legislative Council: 9 December 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Melbourne (Yarra Park) Land Act 1980, the Melbourne Cricket Ground Act 2009 and the Conservation, Forests and Lands Act 1987 and for other purposes." Endnotes -- 32 of 32 --