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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Motor Racing Events
(Townsville) Amendment Bill
2008
Queensland
Motor Racing Events (Townsville)
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2A References in Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of s 5 (Expiry of Act). . . . . . . . . . . . . . . . . . . . . . . . 6
Part 1A Provisions about proposed declared area
5 Declaration of proposed declared area . . . . . . . . . . . 6
5A State may enter and construct on public land . . . . . . 6
5B Access to public land for maintenance of works. . . . . 7
5C State may enter and construct on private land . . . . . . 7
5D Access to private land for maintenance of works . . . . 7
5E Registrar to maintain records of agreement relating
to private land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5F Terms and conditions of agreement . . . . . . . . . . . . . . 9
5G Certain Acts and laws not to apply . . . . . . . . . . . . . . . 9
5H Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Consequential amendments of other Acts
8 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Schedule Consequential amendments of Acts . . . . . . . . . . . . . . . . . . . . 13
Gold Coast Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . 13
2 Section 32(1), `a declared'-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Motor Racing Events (Townsville) Amendment Bill 2008
Contents
3 Section 39(1), `a declared'-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Page 2
2008
A Bill
for
An Act to amend the Gold Coast Motor Racing Events Act 1990
to facilitate motor racing events in Townsville and in other
places in Queensland
Motor Racing Events (Townsville) Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Motor Racing Events 4
(Townsville) Amendment Act 2008. 5
Part 2 Amendment of Gold Coast 6
Motor Racing Events Act 1990 7
Clause 2 Act amended in pt 2 8
This part and the schedule amend the Gold Coast Motor 9
Racing Events Act 1990. 10
Clause 3 Amendment of long title 11
Long title, from `a promoter'-- 12
omit, insert-- 13
`promoters of motor racing events in Queensland, and to 14
facilitate the construction of works for, and the staging of, 15
the events in Queensland'. 16
Clause 4 Amendment of s 1 (Short title) 17
Section 1, `Gold Coast'-- 18
omit. 19
Page 4
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 5]
Clause 5 Insertion of new s 2A 1
After section 2-- 2
insert-- 3
`2A References in Act 4
`In a provision of this Act that uses the expression `the 5
promoter'-- 6
(a) the expression refers to any person who is declared 7
under a regulation to be the promoter of a motor racing 8
event for a year (the relevant motor racing event); and 9
(b) the expression `the declared area' refers to the declared 10
area for the relevant motor racing event; and 11
(c) the expression `the declared period' refers to the 12
declared period for the relevant motor racing event; and 13
(d) a reference to a motor racing event is a reference to the 14
relevant motor racing event; and 15
(e) a reference to any year is a reference to the year stated in 16
the regulation declaring the person to be the promoter of 17
the relevant motor racing event; and 18
(f) a reference to an authorised person is a reference to an 19
authorised person appointed by the promoter; and 20
(g) a reference to official motor racing insignia is a 21
reference to official motor racing insignia for the 22
relevant motor racing event; and 23
(h) a reference to a motor racing circuit is a reference to the 24
motor racing circuit for the relevant motor racing event. 25
Example for section 2A-- 26
Section 39(2) uses the expression `the promoter', and section 39(1)(a)(i) 27
uses the expression `the declared area'. Section 2A applies in relation to 28
section 39 so that if a person is declared under a regulation to be the 29
promoter of a motor racing event, the reference to `the promoter' is a 30
reference to that person, and the reference to `the declared area' is a 31
reference to the declared area for that motor racing event.'. 32
Page 5
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 6]
Clause 6 Replacement of s 5 (Expiry of Act) 1
Section 5-- 2
omit, insert-- 3
`Part 1A Provisions about proposed 4
declared area 5
`5 Declaration of proposed declared area 6
`(1) The Minister may, by gazette notice, declare an area (a 7
proposed declared area) that is proposed to be the area for the 8
staging of a motor racing event. 9
`(2) If the gazette notice identifies the proposed declared area by 10
reference to a map or plan, the notice must state where and at 11
what times the map or plan showing the proposed declared 12
area is to be available for public inspection. 13
`(3) A regulation under this Act that declares an area to be a 14
declared area may, but need not, include some or all of the 15
proposed declared area in the declared area. 16
`(4) However, an area that is a proposed declared area ceases to be 17
a proposed declared area to the extent that it forms part of a 18
declared area. 19
`5A State may enter and construct on public land 20
`(1) The State may enter any public land in a proposed declared 21
area to construct any works and perform other activities the 22
Minister considers reasonably necessary for, or incidental to, 23
preparing for the staging of a motor racing event in the 24
proposed declared area. 25
`(2) The State may exercise its powers under subsection (1)-- 26
(a) only with the agreement of an entity that owns, occupies 27
or controls the land; or 28
(b) in the absence of agreement for any matter--in 29
accordance with the terms and conditions decided by the 30
Minister. 31
Page 6
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 6]
`5B Access to public land for maintenance of works 1
`(1) This section applies-- 2
(a) after the construction of the works mentioned in section 3
5A(1) is completed; and 4
(b) whether or not the public land mentioned in section 5
5A(1) is still in a proposed declared area, or is in a 6
declared area. 7
`(2) An entity identified by the Minister, by gazette notice, may 8
enter the land and perform activities reasonably necessary for 9
the proper maintenance of the works. 10
`(3) The entity may exercise its powers under subsection (2)-- 11
(a) only with the agreement of an entity that owns, controls 12
or occupies the land; or 13
(b) in the absence of agreement for any matter--in 14
accordance with the terms and conditions decided by the 15
Minister. 16
`5C State may enter and construct on private land 17
`(1) The State may enter any private land in a proposed declared 18
area to construct any works and perform other activities the 19
Minister considers reasonably necessary for, or incidental to, 20
preparing for the staging of a motor racing event in the 21
proposed declared area. 22
`(2) The State may exercise its powers under subsection (1), only 23
with the agreement of any person who owns or occupies the 24
land. 25
`(3) However, if an agreement under subsection (2) is with an 26
owner of the land, the agreement runs with the land and binds 27
any subsequent owner or occupier of the land. 28
`5D Access to private land for maintenance of works 29
`(1) This section applies if-- 30
Page 7
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 6]
(a) after the construction of the works mentioned in section 1
5C(1) is completed; and 2
(b) whether or not the private land mentioned in section 3
5C(1) is still in a proposed declared area, or is in a 4
declared area. 5
`(2) An entity identified by the Minister, by gazette notice, may 6
enter the land and perform activities reasonably necessary for 7
the proper maintenance of the works. 8
`(3) The entity may exercise its powers under subsection (2) only 9
with the agreement of any person who owns or occupies the 10
land. 11
`(4) However, if an agreement under subsection (3) is with an 12
owner of land, the agreement runs with the land and binds any 13
subsequent owner or occupier of the land. 14
`5E Registrar to maintain records of agreement relating 15
to private land 16
`(1) The chief executive must, within 14 days after an agreement 17
is entered into under section 5C or 5D, give written notice to 18
the registrar that the agreement has been entered into in 19
relation to specified private land. 20
`(2) The registrar must maintain records that-- 21
(a) show that the land specified in the notice is the subject 22
of an agreement; and 23
(b) state the places where particulars of the agreement may 24
be inspected. 25
`(3) The registrar must maintain the records in a way that allows a 26
search of the register maintained by the registrar under any 27
Act relating to the land to show the existence of the 28
agreement. 29
`(4) The chief executive must, within 14 days after an agreement 30
entered into under section 5C or 5D ends, give written notice 31
to the registrar that the agreement has ended. 32
Page 8
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 6]
`(5) The registrar must, on receipt of a notice under subsection (4), 1
remove the particulars of the agreement from the registrar's 2
records. 3
`(6) In this section-- 4
registrar means the registrar of titles under the Land Title Act 5
1994. 6
`5F Terms and conditions of agreement 7
`Without limiting sections 5A to 5D, the terms and conditions 8
that may be the subject of an agreement or a decision of the 9
Minister may include the following-- 10
(a) terms and conditions that limit or prevent any 11
unnecessary or reasonably avoidable interference with 12
or damage to the land in the proposed declared area; 13
(b) terms and conditions that limit or prevent any 14
unnecessary or reasonably avoidable interference with 15
any activity that may be lawfully carried on in the 16
proposed declared area; 17
(c) terms and conditions providing for reimbursement of 18
proper costs or expenses that may be incurred by a local 19
government or public authority or other owner or 20
occupier of the land in the proposed declared area. 21
`5G Certain Acts and laws not to apply 22
`(1) The Environmental Protection Act 1994 does not apply to or 23
in relation to any noise from the construction or other activity 24
authorised under this part. 25
`(2) Except to the extent that the provisions of the Local 26
Government Act 1993, the Building Act 1975, the Coastal 27
Protection and Management Act 1995, the Integrated 28
Planning Act 1997 and the Land Act 1994, chapter 3, part 1 29
require compliance with prescribed standards, the provisions 30
do not apply to or in relation to the construction or other 31
activity authorised under this part. 32
Page 9
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 7]
`(3) An activity carried on by or under the direction of the State for 1
the purposes of the construction or other activity authorised 2
under this part does not constitute a nuisance. 3
`5H Directions by Minister 4
`(1) The Minister may give all directions necessary or convenient 5
for the purpose of the exercise by the State or another entity of 6
its powers under this part. 7
`(2) An entity mentioned in subsection (1) given a direction under 8
the subsection must comply with the direction and must not 9
authorise any act or omission contrary to the direction.'. 10
Clause 7 Amendment of schedule (Dictionary) 11
(1) Schedule, definitions declared area, declared period and 12
promoter-- 13
omit. 14
(2) Schedule-- 15
insert-- 16
`construction includes site development and construction of 17
works. 18
declared area means an area declared under a regulation to be 19
the declared area for a motor racing event for a year. 20
declared period means a period, of not more than 5 days, 21
declared under a regulation to be the declared period for a 22
motor racing event for a year. 23
promoter means a person declared under a regulation to be the 24
promoter of a motor racing event for a year. 25
proposed declared area see section 5.'. 26
(3) Schedule, definition emergency vehicle, paragraph (d), `the'-- 27
omit, insert-- 28
`a'. 29
Page 10
Motor Racing Events (Townsville) Amendment Bill 2008
Part 2 Amendment of Gold Coast Motor Racing Events Act 1990
[s 7]
(4) Schedule, definition graphic standards manual, `by the 1
promoter'-- 2
omit, insert-- 3
`by a promoter'. 4
(5) Schedule, definition logo, `the promoter'-- 5
omit, insert-- 6
`a promoter'. 7
(6) Schedule, definition logo, `the graphic'-- 8
omit, insert-- 9
`a graphic'. 10
(7) Schedule, definition motor racing circuit, `the declared'-- 11
omit, insert-- 12
`a declared'. 13
(8) Schedule, definition occupant, `of the declared'-- 14
omit, insert-- 15
`of a declared'. 16
(9) Schedule, definition official motor racing insignia, 17
`particular'-- 18
omit. 19
(10) Schedule, definition relevant local government, `the declared 20
area for any year'-- 21
omit, insert-- 22
`a declared area'. 23
(11) Schedule, definition ticket, `the'-- 24
omit, insert-- 25
`a'. 26
Page 11
Motor Racing Events (Townsville) Amendment Bill 2008
Part 3 Consequential amendments of other Acts
[s 8]
Part 3 Consequential amendments of 1
other Acts 2
Clause 8 Acts amended in schedule 3
(1) The schedule amends the Acts it mentions. 4
(2) However, subsection (1) does not apply in relation to a 5
particular Act if another provision of this Act states that the 6
schedule amends the particular Act. 7
Page 12
Motor Racing Events (Townsville) Amendment Bill 2008
Schedule
Schedule Consequential amendments of 1
Acts 2
sections 2 and 8 3
Gold Coast Motor Racing Events Act 1990 4
1 Section 24(1) and (2), `the'-- 5
omit, insert-- 6
`a'. 7
2 Section 32(1), `a declared'-- 8
omit, insert-- 9
`the declared'. 10
3 Section 39(1), `a declared'-- 11
omit, insert-- 12
`the declared'. 13
4 Section 47(1), from `for any year' to `takes place'-- 14
omit. 15
5 Section 51(2)(a) and (c), `to the declared'-- 16
omit, insert-- 17
`to a declared'. 18
6 Section 51(2)(b), `the declared'-- 19
omit, insert-- 20
`a declared'. 21
Page 13
Motor Racing Events (Townsville) Amendment Bill 2008
Schedule
Liquor Act 1992 1
1 Section 142AA(2)(d), `Gold Coast Motor Racing Events 2
Act 1990'-- 3
omit, insert-- 4
`Motor Racing Events Act 1990'. 5
Local Government Act 1993 6
1 Section 956G(5), `Gold Coast'-- 7
omit. 8
9
© State of Queensland 2008
Page 14
AMENDMENTS TO BILL
Motor Racing Events (Townsville) Amendment Bill 2008
Motor Racing Events (Townsville)
Amendment Bill 2008
Amendments agreed to during Consideration
1 After clause 1--
At page 4, after line 5--
insert--
`1A Commencement
`This Act commences on a day to be fixed by proclamation.'.
© State of Queensland 2008
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