Royal Agricultural Showgrounds Act 2003

i Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 2 1. Purposes 2 2. Commencement 3 3. Definitions 3 PART 2—AGREEMENT AND APPROVAL OF CORPORATION 4 4. Recognised agreement between the Crown and the Society 4 5. Approval of corporation by the Minister 4 PART 3—LAND TO BECOME UNALIENATED CROWN LAND 6 6. Effect of surrender of freehold showgrounds land to the Crown 6 7. Revocation of Reservations and Crown Grants 6 PART 4—LAND GRANTS AND ALLOCATIONS TO APPROVED CORPORATION 8 8. Definitions 8 9. Issue of Crown Grant 9 10. Preparation of allocation statement 9 11. Property transferred to approved corporation 10 12. Allocation of property etc. subject to encumbrances 10 13. Substitution of party to agreement 11 14. Society instruments 11 15. Taxes 11 16. Validity of things done under this Part 11 PART 5—MISCELLANEOUS AND SAVINGS PROVISIONS 13 17. Registrar of Titles to make necessary amendments 13 18. Preservation of leases 13 -- 1 of 23 -- Section Page ii PART 6—AMENDMENT OF OTHER ACTS 15 19. Repeal of certain sections in the Royal Agricultural Show- grounds Act 1931 15 20. Repeal of section 48 of the Racing Act 1958 15 __________________ SCHEDULES 16 SCHEDULE 1—Freehold Showgrounds Land 16 SCHEDULE 2—Land in respect of which Reservations are Revoked 17 SCHEDULE 3—Preserved Leases 19 ═══════════════ ENDNOTES 21 -- 2 of 23 -- 1 Royal Agricultural Showgrounds Act 2003 † [Assented to 11 June 2003] Preamble On 15 May 1882 land at Flemington and Essendon was permanently reserved as a site for the use of the National Agricultural Society of Victoria for Show Yards and other purposes: That land, by Crown grant, was subsequently granted, on 27 August 1886, to Trustees upon trust to be maintained and used as a site for show yards of the National Agricultural Society of Victoria: On 5 August 1913 other land at Flemington was permanently reserved as a site for Agricultural Show purposes: That land, by Crown grant, was subsequently granted on 22 June 1914 to Trustees upon trust to be maintained and used for agricultural show purposes: Victoria No. 45 of 2003 -- 3 of 23 -- Act No. 45/2003 Royal Agricultural Showgrounds Act 2003 2 Certain parts of that land were subsequently transferred to The Victorian Railways Commissioners and the Mayor, aldermen, councillors and citizens of the City of Melbourne: Subsequently, by the Royal Agricultural Show- grounds Act 1931, certain alterations were made to the purposes for which the remaining land could be used and certain references to the National Agricultural Society of Victoria were deemed to be references to the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785: In addition freehold titles to several parcels of land in the vicinity were acquired by predecessors in law to the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785 for use as part of the Royal Melbourne Showgrounds: It is now proposed to make provision for the land that is needed for use as showgrounds and for other recreation, entertainment and amusement purposes. To facilitate that proposal, it is expedient to provide that, on surrender of the freehold land, the reservations and Crown grants of the reserved lands are revoked and to provide for the granting of a new Crown grant to a corporation representing the Crown and the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785. The Parliament of Victoria therefore enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to make provision relating to the use of land for the purposes of the Royal Melbourne Show and for other recreation, entertainment and amusement purposes; and s. 1 -- 4 of 23 -- Part 1—Preliminary Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 3 (b) to amend the Royal Agricultural Show- grounds Act 1931 and the Racing Act 1958. 2. Commencement (1) Subject to sub-section (3), this Act, other than Part 6, comes into operation on a day to be proclaimed. (2) Subject to sub-section (3), Part 6 comes into operation on a day to be proclaimed, not being a day earlier than the day on which this Act (other than Part 6) comes into operation. (3) If this Act (other than Part 6) does not come into operation before 31 December 2004, this Act expires on that day. 3. Definitions In this Act— "approved corporation" means the corporation approved by the Minister under Part 2; "freehold showgrounds land" means the land described in the folios of the Register set out in Schedule 1, to the extent that that land is shown on the plan numbered LEGL./02–062; "plan numbered LEGL./02–062" means the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered LEGL./02–062; "Society" means the company incorporated under the Corporations Law of Victoria called the Royal Agricultural Society of Victoria Limited, A.C.N. 006 728 785, or, if that company changes its name, that company under its new name. __________________ s. 2 -- 5 of 23 -- Part 2—Agreement and Approval of Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 4 PART 2—AGREEMENT AND APPROVAL OF CORPORATION 4. Recognised agreement between the Crown and the Society For the purposes of this Act the recognised agreement is an agreement in which the Society and the Minister on behalf of the Crown agree— (a) that a corporation be incorporated under the Corporations Act, having as its members the Crown and the Society; and (b) that the freehold showgrounds land be surrendered to the Crown; and (c) that, on the surrender of the freehold showgrounds land to the Crown, the reservation of the land described in items 1, 2 and 3 of Schedule 2 be revoked; and (d) that the part of the land shown on the plan numbered LEGL./02–062 that is specified in the agreement be granted to the approved corporation; and (e) that any such grant is to be subject to any terms, conditions, covenants, exceptions, reservations and limitations specified in the agreement. 5. Approval of corporation by the Minister (1) For the purposes of this Act the Minister may approve a corporation. (2) The Minister must not approve a corporation under sub-section (1) unless the Minister is satisfied that— (a) the Society and the Crown have entered into the recognised agreement; and s. 4 -- 6 of 23 -- Part 2—Agreement and Approval of Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 5 (b) the corporation is incorporated under the Corporations Act; and (c) the corporation has two members only, of whom one is the Crown and the other is the Society; and (d) each member of the corporation is represented on the governing body of the corporation; and (e) the corporation has, as one of its objects, the facilitation and enhancement of Victorian agricultural industries. (3) As soon as possible after making an approval under this section, the Minister must cause notice of the making of the approval to be given to the Society and published in the Government Gazette. (4) An approval under this section has effect from the day on which notice of it is given to the Society. (5) Once the Minister has approved the corporation under this section, the power to make the approval is exhausted and the Minister does not have the power to make any further approval under this section, or to amend or revoke the approval so made. __________________ s. 5 -- 7 of 23 -- Part 3—Land to Become Unalienated Crown Land Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 6 PART 3—LAND TO BECOME UNALIENATED CROWN LAND 6. Effect of surrender of freehold showgrounds land to the Crown On the surrender of the whole of the freehold showgrounds land to the Crown— (a) if any part of the land is a road or is being used as a road, that part of the land ceases to be a road and all rights, easements and privileges existing or claimed in it either in the public or in any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease and determine; and (b) the land is deemed to be unalienated Crown land, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (c) the folios of the Register set out in Schedule 1 are revoked in so far as they apply to the freehold showgrounds land. 7. Revocation of Reservations and Crown Grants (1) On the surrender of the whole of the freehold showgrounds land to the Crown— (a) Crown Grant Volume 1902 Folio 325 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and (b) the Order in Council specified in item 1 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062. s. 6 -- 8 of 23 -- Part 3—Land to Become Unalienated Crown Land Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 7 (2) On the surrender of the whole of the freehold showgrounds land to the Crown— (a) Crown Grant Volume 3807 Folio 226 is revoked to the extent that it applies to the land shown on the plan numbered LEGL./02–062; and (b) the Order in Council specified in item 2 of Schedule 2 is revoked, to the extent that it applies to the land shown on the plan numbered LEGL./02–062. (3) On the surrender of the whole of the freehold showgrounds land to the Crown, the Order in Council specified in item 3 of Schedule 2 is revoked. (4) On the revocation, specified in sub-sections (1), (2) and (3), of the Orders in Council specified in items 1, 2 and 3 of Schedule 2— (a) the land to which that part of those Orders that is revoked applies, 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 persons to act as Trustees of that land is revoked, to the extent that that appointment 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. __________________ s. 7 -- 9 of 23 -- Part 4—Land Grants and Allocations to Approved Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 8 PART 4—LAND GRANTS AND ALLOCATIONS TO APPROVED CORPORATION 8. Definitions In this Part— "appointed day" means the day on which the Crown grant is issued under section 9; "former Society property" means property, rights or liabilities of the Society that, under this Part, have vested in or become property, rights or liabilities of the approved corporation; "instrument" includes a document and an oral agreement; "liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective; "property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; "Society instrument" means an instrument subsisting immediately before the appointed day— (a) to which the Society was a party; or (b) that was given in favour of the Society; or (c) that refers to the Society; or s. 8 -- 10 of 23 -- Part 4—Land Grants and Allocations to Approved Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 9 (d) under which— (i) money is or may become payable to or by the Society; or (ii) other property is to be or may become liable to be transferred to or by the Society. 9. Issue of Crown Grant (1) As soon as possible after the surrender of the whole of the freehold showgrounds land to the Crown, the Governor in Council, on behalf of the Crown, must grant to the approved corporation that part of the land shown on the plan numbered LEGL./02–062 that has been specified in the recognised agreement as land that is to be granted to the approved corporation. (2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations— (a) that are determined by the Governor in Council; and (b) that are not inconsistent with the terms of the recognised agreement. 10. Preparation of allocation statement (1) The Society may give to the Minister, before the day on which the Crown grant is issued under section 9, a statement of any property, rights and liabilities of the Society that relate to the land shown on the plan numbered LEGL./02–062 that are to be assigned to the approved corporation. (2) A statement under this section must be signed by the Chairperson of the Society, the Minister and the Chairperson of the approved corporation. s. 9 -- 11 of 23 -- Part 4—Land Grants and Allocations to Approved Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 10 (3) If the Minister and the Chairperson of the Society and of the approved corporation agree, the statement is an allocation statement for the purposes of this Part. 11. Property transferred to approved corporation On the appointed day— (a) all property and rights of the Society that are allocated to the approved corporation under the allocation statement, vest in the approved corporation; and (b) all liabilities of the Society that are allocated to the approved corporation under the allocation statement, become liabilities of the approved corporation and cease to be liabilities of the Society. 12. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part property and rights vest in the approved corporation or liabilities become liabilities of the approved corporation— (a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the rights to which the Society was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Society, vest in the approved corporation. s. 11 -- 12 of 23 -- Part 4—Land Grants and Allocations to Approved Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 11 13. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of the Society under an agreement are allocated to the approved corporation— (a) the approved corporation becomes, on the appointed day, a party to the agreement in place of the Society; and (b) on and after the appointed day, the agreement has effect as if the approved corporation had always been a party to the agreement. 14. Society instruments Each Society instrument relating to former Society property continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to the Society were a reference to the approved corporation. 15. Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Society. 16. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered by the Society, the State, a Minister or the approved corporation under this Part— (a) is to be regarded as placing the Society, the State, a Minister or the approved corporation in breach of contract or confidence or as s. 13 -- 13 of 23 -- Part 4—Land Grants and Allocations to Approved Corporation Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 12 otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligor wholly or in part from any obligation. (2) The validity of any act or transaction of the Society or the approved corporation must not be called in question in any proceedings on the ground that any provision of this Part had not been complied with. __________________ s. 16 -- 14 of 23 -- Part 5—Miscellaneous and Savings Provisions Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 13 PART 5—MISCELLANEOUS AND SAVINGS PROVISIONS 17. 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. 18. Preservation of leases (1) In this section "lease" includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease. (2) The surrender by the Society to the Crown of any land affected by a lease specified in Schedule 3 and existing immediately before that surrender does not affect the status or continuity of that lease, and that lease has effect, on and from that surrender— (a) as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and (b) as if the lease referred to the Minister instead of to the lessor (however described). (3) The revocation under section 7 of the reservation of any land affected by a lease specified in Schedule 3 and existing immediately before that revocation does not affect the status or continuity of that lease, and that lease has effect, on and from that revocation— (a) as a lease between the Minister and the lessee for the time being under the lease, as if it had been assigned to the Minister; and s. 17 -- 15 of 23 -- Part 5—Miscellaneous and Savings Provisions Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 14 (b) as if the lease referred to the Minister instead of to the lessor (however described). (4) The issue of a Crown grant of any land affected by a lease specified in Schedule 3 and existing immediately before that issue does not affect the status or continuity of that lease, and the lease has effect on and from that issue— (a) as a lease between the person to whom the Crown grant is made and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and (b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described). (5) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. (6) Nothing effected by this section— (a) is to be regarded as placing any person in breach of or as constituting a default under any provision prohibiting, restricting or regulating the assignment of the lease; or (b) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or (c) releases any surety or other obligor wholly or in part from any obligation. __________________ s. 18 -- 16 of 23 -- Part 6—Amendment of Other Acts Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 15 PART 6—AMENDMENT OF OTHER ACTS 19. Repeal of certain sections in the Royal Agricultural Show-grounds Act 1931 In the Royal Agricultural Show-grounds Act 1931, sections 1A, 2, 4, 5 and 6 are repealed. 20. Repeal of section 48 of the Racing Act 1958 Section 48 of the Racing Act 1958 is repealed. __________________ See: Act No. 3965 and amending Act Nos 18/1989 and 72/1994. LawToday: www.dms. dpc.vic. gov.au s. 19 See: Act No. 6353. Reprint No. 12 as at 26 September 2002. LawToday: www.dms. dpc.vic. gov.au -- 17 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 16 SCHEDULES SCHEDULE 1 FREEHOLD SHOWGROUNDS LAND Volume 4950 Folio 829 Volume 4950 Folio 830 Volume 1588 Folio 409 Volume 6333 Folio 488 Volume 3859 Folio 752 Volume 3893 Folio 500 Volume 8038 Folio 127 Volume 1463 Folio 579 Volume 6826 Folio 164 Volume 2859 Folio 661 Volume 2859 Folio 662 Volume 4956 Folio 111 __________________ Sch. 1 -- 18 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 17 SCHEDULE 2 LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED Item 1 Situation and area of land: Essendon and Flemington, being the land described in Crown Grant Volume 1902 Folio 325. Instrument and date of reservation: Order in Council dated 15 May 1882. Description of land by reference to Government Gazette: Government Gazette dated 19 May 1882, page 1127. Purpose of reservation: Site for the use of the National Agricultural Society of Victoria for Show Yards and other purposes. Extent of revocation: That part of the reserve that applies to the land shown on the plan numbered LEGL./02–062. Item 2 Situation and area of land: Flemington, being the land described in Crown Grant Volume 3807 Folio 226. Instrument and date of reservation: Order in Council dated 5 August 1913. Description of land by reference to Government Gazette: Government Gazette dated 13 August 1913, page 3532. Purpose of reservation: Site for Agricultural Show purposes. Extent of revocation: That part of the reserve that applies to the land shown on the plan numbered LEGL./02–062. Sch. 2 -- 19 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 18 Item 3 Situation and area of land: Flemington, Parish of Doutta Galla, County of Bourke, 0⋅024 hectares. Instrument and date of reservation: Order in Council dated 15 January 1959. Description of land by reference to Government Gazette: Government Gazette dated 21 January 1959, page 140. Purpose of reservation: Site for Showground and Public Recreation. Extent of revocation: The whole reserve. __________________ Sch. 2 -- 20 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 19 SCHEDULE 3 PRESERVED LEASES Parties Location Date of lease Affected Titles The Society The Ascot Showgrounds Day Nursery Incorporated Corner of McCaw Avenue and Staughton Parade Lease dated 28 September 1988 Lease to expire 30 December 2008 Volume 1902 Folio 325 The Society Australian Meat Board Meat Pavilion, Corner Lennon Avenue and Mitchell Street Deed dated 2 March 1965 Volume 1902 Folio 325 The Society Minister for Finance, State Government of Victoria Victorian Expo Centre Lease commenced 27 September 1996 Lease expires 30 June 2018 Volume 4950 Folio 829 Volume 4950 Folio 830 The Society Victorian Agricultural Societies Association Incorporated VASA Building McGregor Street Lease commenced 22 April 1991 Lease expires 22 April 2011 Volume 4950 Folio 829 The Society Victorian Canine Association Incorporated Woodful and Cockbill Pavilion and surrounds Lease dated 24 November 1993 Lease expires 1 January 2007 Volume 3807 Folio 226 Sch. 3 -- 21 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 20 Parties Location Date of lease Affected Titles The Society Horseland Pty. Ltd. Scott Pavilion Plummer Avenue Licence commenced 1 February 1998 Licence expired 31 January 2001 Option for further licence for 3 years exercised Volume 1902 Folio 325 ═══════════════ Sch. 3 -- 22 of 23 -- Royal Agricultural Showgrounds Act 2003 Act No. 45/2003 21 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 22 May 2003 The long title for the Bill for this Act was "to make provision relating to the use of land for the purposes of the Royal Melbourne Show and for other recreation, entertainment and amusement purposes, to amend the Royal Agricultural Show-grounds Act 1931 and the Racing Act 1958 and for other purposes." Endnotes -- 23 of 23 --