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ROYAL AGRICULTURAL SHOWGROUNDS BILL 2003

                 PARLIAMENT OF VICTORIA

         Royal Agricultural Showgrounds Act 2003
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         2
  1.     Purposes                                                           2
  2.     Commencement                                                       3
  3.     Definitions                                                        3

PART 2--AGREEMENT AND APPROVAL OF CORPORATION                               5
  4.     Recognised agreement between the Crown and the Society             5
  5.     Approval of corporation by the Minister                            5

PART 3--LAND TO BECOME UNALIENATED CROWN LAND                               7
  6.     Effect of surrender of freehold showgrounds land to the Crown      7
  7.     Revocation of Reservations and Crown Grants                        7

PART 4--LAND GRANTS AND ALLOCATIONS TO APPROVED
CORPORATION                                                                 9
  8.     Definitions                                                        9
  9.     Issue of Crown Grant                                              10
  10.    Preparation of allocation statement                               10
  11.    Property transferred to approved corporation                      11
  12.    Allocation of property etc. subject to encumbrances               11
  13.    Substitution of party to agreement                                12
  14.    Society instruments                                               12
  15.    Taxes                                                             12
  16.    Validity of things done under this Part                           12

PART 5--MISCELLANEOUS AND SAVINGS PROVISIONS                               14
  17.    Registrar of Titles to make necessary amendments                  14
  18.    Preservation of leases                                            14




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551043B.I1-2/5/2003                           BILL LA CIRCULATION 25-10-2004

 


 

Clause Page PART 6--AMENDMENT OF OTHER ACTS 16 19. Repeal of certain sections in the Royal Agricultural Show- grounds Act 1931 16 20. Repeal of section 48 of the Racing Act 1958 16 __________________ SCHEDULES 17 SCHEDULE 1--Freehold Showgrounds Land 17 SCHEDULE 2--Land in respect of which Reservations are Revoked 18 SCHEDULE 3--Preserved Leases 20 ENDNOTES 22 ii 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 29 April 2003 A BILL 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. Royal Agricultural Showgrounds Act 2003 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: 1 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 s. 1 Act No. 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: 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-- 2 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 1--Preliminary s. 2 (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 5 (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 10 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. 15 (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-- 20 "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 25 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 30 Environment and numbered LEGL./02-062; 3 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 1--Preliminary s. 3 "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 5 company changes its name, that company under its new name. __________________ 4 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 2--Agreement and Approval of Corporation s. 4 PART 2--AGREEMENT AND APPROVAL OF CORPORATION 4. Recognised agreement between the Crown and the Society 5 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 10 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 15 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 20 corporation; and (e) that any such grant is to be subject to any terms, conditions, covenants, exceptions, reservations and limitations specified in the agreement. 25 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 30 satisfied that-- (a) the Society and the Crown have entered into the recognised agreement; and 5 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 2--Agreement and Approval of Corporation s. 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 5 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 10 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 15 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 20 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. __________________ 6 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 3--Land to Become Unalienated Crown Land s. 6 PART 3--LAND TO BECOME UNALIENATED CROWN LAND 6. Effect of surrender of freehold showgrounds land to the Crown 5 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 10 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 15 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 20 (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 25 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 30 (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. 7 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 3--Land to Become Unalienated Crown Land s. 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 5 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 10 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. 15 (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 20 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 25 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 30 land. __________________ 8 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 4--Land Grants and Allocations to Approved Corporation s. 8 PART 4--LAND GRANTS AND ALLOCATIONS TO APPROVED CORPORATION 8. Definitions In this Part-- 5 "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, 10 rights or liabilities of the approved corporation; "instrument" includes a document and an oral agreement; "liabilities" means all liabilities, duties and 15 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 20 property of any description; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; "Society instrument" means an instrument 25 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 30 (c) that refers to the Society; or 9 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 4--Land Grants and Allocations to Approved Corporation s. 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 5 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 10 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 15 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 20 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 25 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. 30 (2) A statement under this section must be signed by the Chairperson of the Society, the Minister and the Chairperson of the approved corporation. 10 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 4--Land Grants and Allocations to Approved Corporation s. 11 (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. 5 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 10 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 15 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 20 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; 25 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. 11 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 4--Land Grants and Allocations to Approved Corporation s. 13 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-- 5 (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 10 corporation had always been a party to the agreement. 14. Society instruments Each Society instrument relating to former Society property continues to have effect 15 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 20 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 25 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 30 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 12 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 4--Land Grants and Allocations to Approved Corporation s. 16 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 5 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 10 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 15 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 20 called in question in any proceedings on the ground that any provision of this Part had not been complied with. __________________ 13 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 5--Miscellaneous and Savings Provisions s. 17 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 5 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, 10 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 15 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 20 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 25 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-- 30 (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 14 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 5--Miscellaneous and Savings Provisions s. 18 (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 5 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 10 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 15 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-- 20 (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 25 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. __________________ 15 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Part 6--Amendment of Other Acts s. 19 PART 6--AMENDMENT OF OTHER ACTS See: 19. Repeal of certain sections in the Royal Agricultural Act No. Show-grounds Act 1931 3965 and In the Royal Agricultural Show-grounds Act amending Act Nos 5 1931, sections 1A, 2, 4, 5 and 6 are repealed. 18/1989 and 72/1994. LawToday: www.dms. dpc.vic. gov.au See: 20. Repeal of section 48 of the Racing Act 1958 Act No. 6353. Section 48 of the Racing Act 1958 is repealed. Reprint No. 12 as at 26 September 2002. LawToday: www.dms. dpc.vic. gov.au __________________ 16 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Sch. 1 SCHEDULES SCHEDULE 1 FREEHOLD SHOWGROUNDS LAND Volume 4950 Folio 829 5 Volume 4950 Folio 830 Volume 1588 Folio 409 Volume 6333 Folio 488 Volume 3859 Folio 752 Volume 3893 Folio 500 10 Volume 8038 Folio 127 Volume 1463 Folio 579 Volume 6826 Folio 164 Volume 2859 Folio 661 Volume 2859 Folio 662 15 Volume 4956 Folio 111 __________________ 17 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Sch. 2 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 dated 19 May Government Gazette: 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 dated 13 Government Gazette: 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. 18 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Sch. 2 Item 3 Situation and area of land: Flemington, Parish of Doutta Galla, County of Bourke, 0024 hectares. Instrument and date of reservation: Order in Council dated 15 January 1959. Description of land by reference to Government Gazette dated Government Gazette: 21 January 1959, page 140. Purpose of reservation: Site for Showground and Public Recreation. Extent of revocation: The whole reserve. __________________ 19 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Sch. 3 SCHEDULE 3 PRESERVED LEASES Parties Location Date of lease Affected Titles The Society Corner of Lease dated 28 Volume 1902 McCaw Avenue September 1988 Folio 325 The Ascot and Staughton Showgrounds Lease to expire Parade Day Nursery 30 December Incorporated 2008 The Society Meat Pavilion, Deed dated 2 Volume 1902 Corner Lennon March 1965 Folio 325 Australian Meat Avenue and Board Mitchell Street The Society Victorian Expo Lease Volume 4950 Centre commenced 27 Folio 829 Minister for September 1996 Finance, State Volume 4950 Government of Lease expires 30 Folio 830 Victoria June 2018 The Society VASA Building Lease Volume 4950 commenced 22 Folio 829 Victorian McGregor Street April 1991 Agricultural Societies Lease expires 22 Association April 2011 Incorporated The Society Woodful and Lease dated 24 Volume 3807 Cockbill November 1993 Folio 226 Victorian Canine Pavilion and Association Lease expires surrounds Incorporated 1 January 2007 20 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Sch. 3 Parties Location Date of lease Affected Titles The Society Scott Pavilion Licence Volume 1902 commenced Horseland Pty. Plummer Folio 325 1 February 1998 Ltd. Avenue Licence expired 31 January 2001 Option for further licence for 3 years exercised 21 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

Royal Agricultural Showgrounds Act 2003 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 22 551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004

 


 

 


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