State Sport Centres (Amendment) Act 2004

Victorian Legislation Parliamentary Documents i State Sport Centres (Amendment) Act 2004 Act No. 70/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Principal Act 2 PART 2—AMENDMENTS TO THE PRINCIPAL ACT 3 4. Amendment of definitions 3 5. Additional functions of Trust 3 6. Use of Albert Park land that is Melbourne Sports and Aquatic Centre land 4 7. Section 25 substituted 4 25. Trust may enter into agreements to operate services and facilities 4 8. New sections 25A to 25C inserted 4 25A. Trust to manage Melbourne Sports and Aquatic Centre land 4 25B. Powers to enter into leases 5 25C. Power to grant licences over Melbourne Sports and Aquatic Centre land 7 9. Management powers of over other land 8 10. New Division 4 of Part 3 inserted 8 Division 4—Additional Melbourne Sports and Aquatic Centre land 8 26G. Revocation of reservations—Distance Education Centre land and former railway land 8 26H. Additional land included in Albert Park as Melbourne Sports and Aquatic Centre land 9 26I. Registrar of Titles to make necessary amendments 10 11. New section 40 inserted 10 40. Transitional provisions—State Sport Centres (Amendment) Act 2004 10 12. Schedule 1 substituted 11 SCHEDULE 1—Melbourne Sports and Aquatic Centre Land 11 -- 1 of 21 -- Victorian Legislation Parliamentary Documents Section Page ii 13. Schedule 2 heading amended 12 14. Schedule 3 inserted 12 SCHEDULE 3—Former Railway Land 12 15. Consequential amendment to Gambling Regulation Act 2003 13 PART 3—AMENDMENTS TO THE AUSTRALIAN GRANDS PRIX ACT 1994 14 16. Amendment of definitions 14 17. Licence to undertake works 15 18. Fencing off land 16 19. Closure of roads 16 20. Restoration of declared area 17 21. Payment 18 22. Exemption from certain laws 18 23. New section 50A inserted 18 50A. Limitation of Supreme Court's jurisdiction—State Sport Centres (Amendment) Act 2004 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- Victorian Legislation Parliamentary Documents 1 State Sport Centres (Amendment) Act 2004 † [Assented to 19 October 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to amend the State Sport Centres Act 1994 to include additional land in the land at the Melbourne Sports and Aquatic Centre and to provide additional management powers in relation to the Melbourne Sports and Aquatic Centre land; and Victoria No. 70 of 2004 -- 3 of 21 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary State Sport Centres (Amendment) Act 2004 Act No. 70/2004 2 (b) to make amendments to the Australian Grands Prix Act 1994 required as a result of the matters referred to in paragraph (a). 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the State Sport Centres Act 1994 is called the Principal Act. __________________ s. 2 See: Act No. 117/1994. Reprint No. 2 as at 1 July 2003 and amending Act No. 114/2003. LawToday: www.dms. dpc.vic. gov.au -- 4 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 3 PART 2—AMENDMENTS TO THE PRINCIPAL ACT 4. Amendment of definitions In section 3 of the Principal Act— (a) insert the following definition— ' "Albert Park" has the same meaning as it has in the Australian Grands Prix Act 1994;'; (b) for the definition of "Melbourne Sports and Aquatic Centre land" substitute— ' "Melbourne Sports and Aquatic Centre land" means the land shown hatched in the plan in Schedule 1;'; (c) the definition of "gaming" is repealed; (d) in the definition of "Melbourne Sports and Aquatic Centre" for "gaming," substitute "education,". 5. Additional functions of Trust (1) In section 6(a) of the Principal Act, for "gaming," substitute "education,". (2) After section 6(da) of the Principal Act insert— "(dab) the care, protection and management of the Melbourne Sports and Aquatic Centre land, including maintaining that land and the facilities on that land to a standard that complements Albert Park;". (3) In section 6(dd) of the Principal Act, after "under" insert "this Act or". s. 4 -- 5 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 4 6. Use of Albert Park land that is Melbourne Sports and Aquatic Centre land (1) In section 24(1)(a)(i) of the Principal Act, for "gaming," substitute "education,". (2) Section 24(1)(b) of the Principal Act is repealed. (3) Section 24(2) and (3) of the Principal Act are repealed. 7. Section 25 substituted For section 25 of the Principal Act substitute— "25. Trust may enter into agreements to operate services and facilities The Trust may enter into agreements to operate services and facilities on the Melbourne Sports and Aquatic Centre land for the purposes described in section 24(1).". 8. New sections 25A to 25C inserted After section 25 of the Principal Act insert— "25A. Trust to manage Melbourne Sports and Aquatic Centre land (1) The Trust is responsible for the care, protection and management of the Melbourne Sports and Aquatic Centre land. (2) On the commencement of section 8 of the State Sport Centres (Amendment) Act 2004— (a) the appointment of any committee of management of that land under the Crown Land (Reserves) Act 1978 is revoked to the extent that it relates to the Melbourne Sports and Aquatic Centre land; and s. 6 -- 6 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 5 (b) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 25B. Powers to enter into leases (1) The Trust may grant a lease of the Melbourne Sports and Aquatic Centre land or any part (including a stratum) of that land for any of the purposes described in section 24(1). (2) The Trust may only grant a lease under sub- section (1) with the approval of the Minister. (3) The Minister must not approve the granting of a lease under sub-section (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land— (a) the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and (b) the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and (c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and (d) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable s. 8 -- 7 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 6 enjoyment of the stratum or other land; and (e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road. (4) A lease granted under sub-section (1) may be for a term not exceeding 50 years. (5) A lease granted under sub-section (1)— (a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 50 years; and (b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and (c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved in writing by the Minister. (6) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978. s. 8 -- 8 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 7 25C. Power to grant licences over Melbourne Sports and Aquatic Centre land (1) The Trust may grant a licence to enter and use any part (including a stratum) of the Melbourne Sports and Aquatic Centre land or any building on that land for any of the purposes described in section 24(1). (2) The Trust must not grant a licence under sub-section (1) unless the Trust is satisfied that, to the extent that the licence applies to a stratum of land— (a) the licensee for the time being under the licence can obtain reasonable access to and use of the land to be licensed; and (b) the granting of the licence will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and (c) provision has been made (in the licence or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and (d) provision has been made (in the licence or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and s. 8 -- 9 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 8 (e) if the surface of the land above the stratum is a road, the exercise of any of the licensee's rights or obligations under the licence will not interfere with the public use of that land as a road. (3) A licence granted under this section— (a) may be for a period not exceeding 50 years; and (b) is subject to the terms and conditions determined by the Trust. (4) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978.". 9. Management powers of over other land (1) In the heading to section 26AA of the Principal Act, omit "Melbourne Sports and Aquatic Centre". (2) In section 26AA of the Principal Act, for "the land shown hatched on the plan in Schedule 2" substitute "any land". 10. New Division 4 of Part 3 inserted After Division 3 of Part 3 of the Principal Act insert— "Division 4—Additional Melbourne Sports and Aquatic Centre land 26G. Revocation of reservations—Distance Education Centre land and former railway land (1) The Order in Council dated 17 July 2001 and published in the Government Gazette on 19 July 2001 at page 1688 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2. s. 9 -- 10 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 9 (2) The Order in Council dated 10 October 1995 and published in the Government Gazette on 12 October 1995 at page 2900 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3. (3) Subject to section 26H, on the revocation by this section of the Orders in Council reserving land— (a) that land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 26H. Additional land included in Albert Park as Melbourne Sports and Aquatic Centre land On the revocation of the reservations referred to in section 26G, the land— (a) is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 as a site for a Public Park; and s. 10 -- 11 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 10 (b) is deemed to be included in, and form part of, the land reserved as a site for a Public Park by Order in Council dated 21 March 1876 and published in the Government Gazette on 24 March 1876 at page 568; and (c) is part of the Melbourne Sports and Aquatic Centre land. 26I. Registrar of Titles to make necessary amendments The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.". 11. New section 40 inserted After section 39 of the Principal Act insert— "40. Transitional provisions—State Sport Centres (Amendment) Act 2004 Any sub-lease, licence or agreement entered into by the Trust under section 25(2) and in existence immediately before the commencement of section 7 of the State Sport Centres (Amendment) Act 2004 continues to have effect, on and from that commencement for the remainder of the term of that sub-lease, licence or agreement as if any reference to the Trust as the lessee of the land under a lease under section 24 (as in force immediately before its amendment by the State Sport Centres (Amendment) Act 2004) were a reference to the Trust as the body responsible for the care, protection and management of the Melbourne Sports and Aquatic Centre land under section 25A.". s. 11 -- 12 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 11 12. Schedule 1 substituted For Schedule 1 to the Principal Act substitute— "SCHEDULE 1 MELBOURNE SPORTS AND AQUATIC CENTRE LAND ". s. 12 -- 13 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 12 13. Schedule 2 heading amended For the heading to Schedule 2 to the Principal Act substitute— "FORMER DISTANCE EDUCATION CENTRE LAND". 14. Schedule 3 inserted After Schedule 2 to the Principal Act insert— "SCHEDULE 3 FORMER RAILWAY LAND ". s. 13 -- 14 of 21 -- Victorian Legislation Parliamentary Documents Part 2—Amendments to the Principal Act State Sport Centres (Amendment) Act 2004 Act No. 70/2004 13 15. Consequential amendment to Gambling Regulation Act 2003 Item 12 of Schedule 6 to the Gambling Regulation Act 2003 is repealed. __________________ See: Act No. 114/2003 and amending Act Nos 10/2004, 16/2004, 33/2004 and 45/2004. LawToday: www.dms. dpc.vic. gov.au s. 15 -- 15 of 21 -- Victorian Legislation Parliamentary Documents Part 3—Amendments to the Australian Grands Prix Act 1994 State Sport Centres (Amendment) Act 2004 Act No. 70/2004 14 PART 3—AMENDMENTS TO THE AUSTRALIAN GRANDS PRIX ACT 1994 16. Amendment of definitions In section 3(1) of the Australian Grands Prix Act 1994— (a) for the definition of "Albert Park" substitute— ' "Albert Park" means the land shown hatched on the plan set out in Schedule 1 and includes— (a) the land temporarily reserved by the Order in Council dated 10 October 1995 and published in the Government Gazette dated 12 October 1995, page 2900; and (b) the Melbourne Sports and Aquatic Centre land— but does not include— (c) the land shown hatched on the plan in Schedule 12 of the Land (Reservations and other Matters) Act 1997; or (d) the land shown hatched on the plan in Schedule 3 of the Land (Revocation of Reservations) Act 2000;'; (b) for the definition of "committee of management" substitute— ' "committee of management" means— (a) in relation to the part of Albert Park which is Melbourne Sports and Aquatic Centre land, the State Sport Centres Trust; and See: Act No. 68/1994. Reprint No. 2 as at 25 February 1999 and amending Act Nos 40/2000, 44/2001 and 19/2003. LawToday: www.dms. dpc.vic. gov.au s. 16 -- 16 of 21 -- Victorian Legislation Parliamentary Documents Part 3—Amendments to the Australian Grands Prix Act 1994 State Sport Centres (Amendment) Act 2004 Act No. 70/2004 15 (b) in relation to Albert Park other than Melbourne Sports and Aquatic Centre land, the committee of management of Albert Park appointed under the Crown Land (Reserves) Act 1978;'; (c) insert the following definitions— ' "Melbourne Sports and Aquatic Centre land" means the land shown hatched in the plan in Schedule 1 to the State Sport Centres Act 1994; "State Sport Centres Trust" means the State Sport Centres Trust established by the State Sport Centres Act 1994;'. 17. Licence to undertake works (1) In section 28 of the Australian Grands Prix Act 1994— (a) in sub-section (2), after "committee of management" insert "of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land"; and (b) in sub-section (3), for "If—" substitute "If, in relation to the part of Albert Park that is not Melbourne Sports and Aquatic Centre land—". (2) After section 28(3) of the Australian Grands Prix Act 1994 insert— "(3A) The State Sport Centres Trust, on the application of the Corporation, may, in respect of the Melbourne Sports and Aquatic Centre land, grant to the Corporation a licence to undertake the works specified in the licence on such terms and conditions as are determined by the Trust and so specified. s. 17 -- 17 of 21 -- Victorian Legislation Parliamentary Documents Part 3—Amendments to the Australian Grands Prix Act 1994 State Sport Centres (Amendment) Act 2004 Act No. 70/2004 16 (3B) If— (a) the State Sport Centres Trust fails to grant an application for a licence under sub-section (3A)— (i) within 7 days after receiving the application; or (ii) within such shorter period after receiving the application as the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act approve; or (b) the Corporation considers the terms and conditions proposed to be included in a licence to be unreasonable— the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act, may, on the request in writing of the Corporation, grant a licence authorising the Corporation to undertake the works, subject to such terms and conditions as the Ministers determine and specify in the licence.". 18. Fencing off land In section 32(5) of the Australian Grands Prix Act 1994, after "Crown Land (Reserves) Act 1978" insert "or the State Sport Centres Act 1994". 19. Closure of roads (1) In section 33(2) of the Australian Grands Prix Act 1994— (a) after "committee of management" insert "of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land"; s. 18 -- 18 of 21 -- Victorian Legislation Parliamentary Documents Part 3—Amendments to the Australian Grands Prix Act 1994 State Sport Centres (Amendment) Act 2004 Act No. 70/2004 17 (b) for "Albert Park" substitute "any part of Albert Park that is not Melbourne Sports and Aquatic Centre land". (2) After section 33(2) of the Australian Grands Prix Act 1994 insert— "(2A) The Corporation or the State Sport Centres Trust may, with the consent of the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978, temporarily close any road or part of a road in the part of Albert Park that is Melbourne Sports and Aquatic Centre land if, in the opinion of both those Ministers, it is necessary to do so for the purpose of carrying out the Corporation's or the Trust's functions or exercising its powers.". 20. Restoration of declared area (1) In section 34(3) of the Australian Grands Prix Act 1994, after "committee of management" insert "of the part of Albert Park that is not Melbourne Sports and Aquatic Centre land". (2) After section 34(3) of the Australian Grands Prix Act 1994 insert— "(3A) If, in relation to the Melbourne Sports and Aquatic Centre land, there is a dispute between the State Sport Centres Trust and the Corporation about the standard of restoration in the declared area in respect of a year, the Trust or the Corporation may refer the matter to the Minister administering the State Sport Centres Act 1994 and the Minister administering this Act for a decision on the matter and their joint decision is final.". s. 20 -- 19 of 21 -- Victorian Legislation Parliamentary Documents Part 3—Amendments to the Australian Grands Prix Act 1994 State Sport Centres (Amendment) Act 2004 Act No. 70/2004 18 21. Payment After section 41(2) of the Australian Grands Prix Act 1994 insert— "(3) In this section "committee of management" does not include the State Sport Centres Trust.". 22. Exemption from certain laws In section 48(1) of the Australian Grands Prix Act 1994, after "the Melbourne and Metropolitan Board of Works Act 1958" insert ", the State Sport Centres Act 1994". 23. New section 50A inserted After section 50 of the Australian Grands Prix Act 1994 insert— "50A. Limitation of Supreme Court's jurisdiction—State Sport Centres (Amendment) Act 2004 It is the intention of section 34(3A) to alter or vary section 85 of the Constitution Act 1975.". ═══════════════ s. 21 -- 20 of 21 -- Victorian Legislation Parliamentary Documents State Sport Centres (Amendment) Act 2004 Act No. 70/2004 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 September 2004 Legislative Council: 6 October 2004 The long title for the Bill for this Act was "to amend the State Sport Centres Act 1994 to include additional land in the land at the Melbourne Sports and Aquatic Centre and to provide for management powers in respect of the Melbourne Sports and Aquatic Centre land, to amend the Australian Grands Prix Act 1994 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 16 September 2004 Legislative Council: 6 October 2004 Absolute majorities: Legislative Assembly: 5 October 2004 Legislative Council: 14 October 2004 Endnotes -- 21 of 21 --