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Act No. 59 of 1990
LUNA PARK SITE BILL1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to return the Luna Park site t o the people of New South
Wales and t o ensure that Luna Park and the associated harbour foreshore remain
available and accessible for the enjoyment of the people of New South Wales.
The Bill seeks to achieve its object by making provision:
- to vest the land comprising the Luna Park site in the Crown freed from all
encumbrances (including the current lease for the purposes of an
amusement centre)
- to dedicate that land under the Crown Lands Act 1989 for the purposes of
public recreation, public amusement and public entertainment and, in
accordance with that Act, to establish the land as the Luna Park Reserve
- to enable the lessee under the current lease of the Luna Park site to be
compensated, if appropriate, for its interest under the lease
- to provide for the removal of improvements from the Luna Park site
- to enable the appointment of an arbitrator for the purposes of the proposed
Act and to provide for the general application of the Commercial
Arbitration Act 1984 to any arbitration proceedings
- to enable, either by the creation of a separate reserve or as an extension of
the Luna Park Reserve, the dedication and reservation under the Crown
Lands Act 1989 of the adjoining railway land and, to that end, to authorise
the closure of the railway line running from St. Leonards to the Luna Park
site.
* Amended in committee -- see table at end of volume.
Act No. 59 of 1990
Luna Park Site 1990
PART1 -- PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act. The provisions of
Parts 2 and 3 and Schedule 1 may be commenced retrospectively.
Clause 3 specifies the object of the proposed Act.
Clause 4 defines certain expressions used in the proposed Act, being "appointed
day", "arbitrator", "improvement", "Luna Park lease", "Luna Park Reserve", "Luna
Park site" and "the lessee".
PART 2 -- DEDICATION OF THE LUNA PARK SITE
Clause 5 vests the land comprising the Luna Park site in the Crown freed from
all encumbrances affecting the land and provides that the land is to be taken to be
dedicated under the Crown Lands Act 1989 for the purposes of public recreation,
public amusement and public entertainment.
Clause 6 applies the Crown Lands Act 1989 to the land comprising the Luna Park
site, except as provided by the proposed Act or the regulations made under it.
PART 3 -- THE LUNA PARK RESERVE TRUST
Clause 7 estabIishes the Luna Park Reserve Trust and appoints the Trust as
trustee of the land comprising the Luna Park site (the Luna Park Reserve).
Clause 8 requires the preparation of a plan of management for the Luna Park
Reserve and specifies several matters which are required to be included in the plan
of management.
PART 4 -- COMPENSATION
Clause 9 prevents the making of claims against the Crown in respect of the Luna
Park site or the current lease of the land comprising the Luna Park site except as
provided by the proposed Part.
Clause 10 enables the lessee under the Luna Park lease to claim compensation
as a consequence of the determination of the lease or the vesting of the land in the
Crown. Any such claim is to be made and determined solely under the proposed Act.
T h e lessee has no entitlement to claim compensation if a court has determined that
the lease has been determined by forfeiture or otherwise and that the lessee is not
entitled to relief against forfeiture of the lease.
Clause 11 provides for the assessment of compensation. The maximum amount
of compensation is to be the market value, immediately before this Bill was
introduced into the Legislative Council, of the estate or interest of the lessee under
the lease. The clause sets out the matters to be taken into consideration in assessing
compensation.
Clause 12 provides for the appointment, by the Governor-in-council, of an
arbitrator for the purposes of the proposed Act. The clause also requires the Minister
to notify the lessee of the arbitrator's appointment.
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L u n a Park Site 1990
Clause 1 3 provides for the making of a claim for compensation by the lessee. Any
such claim is to be made within 3 months after notice o f appointment of the
arbitrator is given to the lessee by the Minister.
Clause 14 enables the lessee to remove improvements from the Luna Park site
with the Minister's approval. The clause requires an application for approval to be
made within 3 months after a date notified by the Minister to the lessee and enables
the lessee to submit a matter to the arbitrator for determination if an approval is not
granted within 1 month after it is applied for.
Clause 15 requires the lessee to remove improvements from the Luna Park site
if directed to do so by the Minister. If an improvement is not removed as directed,
it is to be forfeited to the Crown and no compensation is to be payable in respect
of its forfeiture.
Clause 16 provides that the lessee is not to be required t o make any payment
towards the fees and expenses of the arbitrator, but is otherwise subject to any order
for costs made by the arbitrator.
Clause 17 applies the provisions o f the Commercial Arbitration Act 1984, with
certain specified exceptions, to any arbitration under the proposed Act.
PART 5 -- DEDICATION AND RESERVATION OF THE RAILWAY SITE
Clause 18 defines "railway site".
Clause 19 vests the land comprising the railway site in the Crown freed from all
encumbrances affecting the land. It provides that part of the land is to be taken to
be dedicated under the Crown Lands Act 1989 for public recreation and the
remainder is to be taken to be reserved under that Act for the purpose of assessment
of future uses.
Clause 20 applies the Crown Lands Act 1989 to the land comprising the railway
site, except as provided by the proposed Act o r the regulations made under it.
Clause 21 requires the preparation of a plan of management for the land
comprising the railway site and specifies matter which is to be included in the plan
of management.
Clause 22 enables the railway site to be amalgamated with the Luna Park Reserve.
Clause 23 excludes the application of section 93 of the Transport Administration
Act 1988 to the railway line situated on the railway site and authorises the State Rail
Authority to close the railway line.
PART 6 -- MISCELLANEOUS
Clause 24 authorises the Luna Park Reserve Trust to take vacant possession of
the Luna Park Reserve.
Clause 25 makes it an offence for a person, without lawful authority, to remove
structures from the land comprising the Luna Park site. The maximum penalty for
the offence is 100 penalty units. Under section 56 of the Interpretation Act 1987, the
value of a penalty unit is currently $100.
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Act No. 59 of 1990
L u n a P a r k Site 1 9 9 0
Clause 26 provides that proceedings for offences are to be,taken summarily before
a Local Court.
Clause 27 excludes the operation of section 344 of the Local Government Act
1919 to prevent the vesting, by default, of any land to which the proposed Act applies
in a council.
Clause 28 provides for the repeal of the Luna Park Site Act 1981.
Clause 29 enables the Governor-in-Council to make regulations for the purposes
of the proposed Act.
SCHEDULE 1 -- LUNA PARK SITE
Schedule 1 describes the various parcels of land that comprise the Luna Park site.
SCHEDULE 2 -- RAILWAY SITE
Schedule 2 describes the various parcels of land that comprise the railway site.
Part 1 describes the whole of the land. Part 2 describes the land which is to be
dedicated for public recreation. Part 3 describes the land which is to be reserved for
the purpose of assessment of future uses.
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