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Melbourne Cricket Ground and Yarra
Park Amendment Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of the Bill is to amend the Melbourne (Yarra Park) Land Act
1980, the Melbourne Cricket Ground Act 2009 and the Conservation,
Forests and Lands Act 1987 to revoke the appointment of the joint trustees
of Yarra Park Reserve, revoke the appointment of the Council of the City of
Melbourne as committee of management for Yarra Park Reserve, appoint the
Melbourne Cricket Ground Trust ("Trust") as the committee of management
for Yarra Park Reserve and to provide for effective management of the park
and related purposes. The Bill includes a preamble that summarises the
background to the Bill.
Clause Notes
Clause 1 sets out the purpose of the Bill which is to amend the Melbourne
(Yarra Park) Land Act 1980, the Melbourne Cricket Ground
Act 2009 and the Conservation, Forests and Lands Act 1987 to
redefine the boundaries of Yarra Park Reserve, appoint the Trust
as committee of management for Yarra Park Reserve, expand the
functions of the Trust to include its role as committee of
management for Yarra Park Reserve and specify management
arrangements for Yarra Park Reserve.
Clause 2 provides for the Bill to commence on a day to be proclaimed or
on 15 March 2010 if it has not already commenced prior to that
date.
Clause 3 inserts a new heading into the Melbourne (Yarra Park) Land
Act 1980 to identify the part of the Act concerned with
preliminary matters.
561420 1 BILL LA INTRODUCTION 10/11/2009
Clause 4 repeals the definition of corporation in the Melbourne (Yarra
Park) Land Act 1980 and inserts definitions of 2009 Act, City of
Melbourne, Council, land, major event, Melbourne and
Olympic Parks Trust, Melbourne Cricket Club, Melbourne
Cricket Ground, Melbourne Park, Olympic Park, specified
Minister, Trust, VicTrack and Yarra Park Reserve. Major event
is defined as an event or events involving the use of the
Melbourne Cricket Ground (MCG) or facilities at Melbourne
Park or Olympic Park.
Clause 5 inserts a new heading into the Melbourne (Yarra Park) Land
Act 1980 to identify the part of the Act concerned with leases
over Punt Road Oval.
Clause 6 inserts a new heading "Trust may grant leases of land described
in the Schedule" to section 3 of the Melbourne (Yarra Park)
Land Act 1980 to replace the current heading which refers to the
"corporation" (the City of Melbourne). The clause also replaces
"corporation" with "Trust" in two places elsewhere in section 3 of
the Melbourne (Yarra Park) Land Act 1980. This section
provides for the committee of management to grant leases of the
land known as Punt Road Oval.
Clause 7 substitutes "this Part" for "this Act" to limit the application of
section 4 of the Melbourne (Yarra Park) Land Act 1980 to its
original scope, which was in relation to the provision of leases.
Clause 8 inserts new Parts 3 and 4 into the Melbourne (Yarra Park)
Land Act 1980. It inserts a new heading to Part 3 to identify
clauses relating to Yarra Park Reserve and a new heading to
Part 4 which contains transitional provisions. Clause 8 includes
new sections numbered 5 to 23.
New section 5 revokes Crown grant Volume 600 Folio 119902
which relates to the land that comprises Yarra Park Reserve.
New section 6 revokes the appointment of the Council as the
committee of management for Yarra Park Reserve.
New section 7 provides that the Trust is taken to be appointed as
the committee of management for Yarra Park Reserve under the
Crown Land (Reserves) Act 1978.
New section 8 provides for the preparation and approval of a
management and improvement plan for Yarra Park Reserve.
Subsection (1) requires the Trust to prepare a management and
improvement plan each year. Subsection (2) requires the Trust to
submit the plan to the Minister administering the Melbourne
(Yarra Park) Land Act 1980 and the Minister administering the
Sport and Recreation Act 1972 by the date in each year when
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the Trust is required to submit its business plan for the MCG.
This ensures that the timing of the management and improvement
plan will be coordinated with the timing of the Trust's annual
business plan.
Subsection (3) requires the Trust to consult with the Melbourne
and Olympic Parks Trust about the provision of car parking in
Yarra Park Reserve for major events before submitting the plan
for approval.
Subsection (4) specifies that the contents of the management and
improvement plan are to include: a statement of intent; strategies
to support major events; strategies to support community access
to Yarra Park Reserve for all purposes related to its role as a
public park; strategies to improve the health and sustainability of
Yarra Park Reserve; and strategies to maintain and enhance the
amenity of Yarra Park Reserve. The subsection also provides for
the plan to include any other matter that one of the relevant
Ministers directs, provided it is consistent with the purposes for
which the land may be used under the Act, including car parking,
and consistent with the purposes for which the land is reserved.
Subsections (5) and (6) outline a process for settling the
management and improvement plan each year. The Trust is
required to consider any comment about the plan that is made by
a Minister within two months after the plan was submitted. If a
Minister makes a comment, the Trust is required to consult with
the Minister and make any agreed changes to the plan. The Trust
is also required to make any change that is reasonable, required
by each Minister in writing and consistent with the purposes for
which the land may be used under the Act, including car parking,
and the purposes for which the land is reserved. The Trust is
then required to deliver the settled plan to each Minister for
approval. Subsection (7) provides that when they receive the
settled plan each Minister may approve the plan. Subsection (8)
provides that the plan or part of the plan must not be published or
made available to other parties without the approval of each
Minister.
New section 9 authorises the Trust to provide car parking in
Yarra Park Reserve for major events; for the management, use
and enjoyment of facilities at the MCG at times when major
events are not being held at the MCG; for management, use and
enjoyment of the facilities at Punt Road Oval; and for purposes
consistent with the reservation. Subsection (2) requires the Trust
to consider a range of factors in deciding whether to provide
parking for a major event including: the expected demand for car
parking for major events; the extent and patterns of previous car
parking in Yarra Park Reserve; the effect of parking on the
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surface of the park; the effect of parking on the soil and sub-
surface; the effect of parking on trees; the need to minimise
excessive damage or wear to the surface or sub-surface; the
protection of public or private property; and safety issues.
Subsection (3) specifies that in deciding whether to provide
parking in Yarra Park Reserve for the management, use and
enjoyment of facilities at the MCG the Trust must restrict car
parking to any paved areas in the immediate vicinity of the MCG.
Subsection (4) requires the Trust to have regard for restricting
parking for use of Punt Road Oval to areas on and in the
immediate vicinity of Punt Road Oval.
Subsection (5) states that the Trust must not allow parking for
any purpose apart from the purposes set out in the section.
New section 10 deals with money received by or on behalf of the
Trust in relation to Yarra Park Reserve. It provides that such
money may only be spent on the operation, management,
maintenance and improvement of Yarra Park Reserve. The Trust
is required to account separately for money received and spent in
Yarra Park Reserve in its financial statements.
New section 11 establishes the Yarra Park Advisory Committee.
It provides that the Committee consists of up to 7 people
appointed by the Minister administering the Sport and
Recreation Act 1972. These include a member of the Trust, who
is to be the chairperson of the Committee, a representative of the
Melbourne Cricket Club (MCC) and a representative of the
Council. These appointments are not time-limited.
The Committee will include up to 2 persons nominated by the
Council, following consultation with the Minister, who the
Council considers: are regular users of public parks in the City
of Melbourne; and have knowledge of issues related to
management and use of public parks; and have an understanding
of community needs for public parks; and can demonstrate
community support for their nomination. In addition the Minister
may appoint other persons the Minister considers appropriate.
A person appointed in one of these two categories can be
appointed for up to 3 years and can be reappointed.
New section 12 provides that the function of the Yarra Park
Advisory Committee is to advise the Trust on the operation,
management and improvement of Yarra Park Reserve.
New section 13 allows the Yarra Park Advisory Committee,
subject to the Act, to regulate its own proceedings.
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New section 14 provides for an unused road to be added to Yarra
Park Reserve. The area to be added is shown hatched on a plan
lodged in the Central Plan Office and numbered LEGL./09-309.
The section provides that the Minister responsible for the Crown
Land Reserves Act 1978 may recommend to the Governor in
Council that any part of the land be added to Yarra Park Reserve.
Subsection (2) provides that the Minister may make such a
recommendation after receiving a plan of survey from the
Surveyor-General if the Minister is satisfied it represents the
land to be added to Yarra Park Reserve. On receiving a
recommendation, the Governor in Council may declare that the
land in the plan is to be added to Yarra Park Reserve, by Order
published in the Government Gazette.
Subsection (4) provides that when the Order is published, the
land will be taken to be permanently reserved for a public park
under section 4(1) of the Crown Land Reserves Act 1978 and
taken to be included in, and form part of, land permanently
reserved under the Order in Council specified in Schedule 1 to
the Bill, which relates to Yarra Park Reserve land. When the
Order is published the Trust will be taken to be appointed as the
committee of management for the land shown on the plans which
is permanently reserved as a park and included in Yarra Park
Reserve. Under subsection (5) when the Order is published the
land on the plan will cease to be a road and will be taken to be
free of all encumbrances of any kind.
New section 15 contributes to tidying up the boundaries of Yarra
Park Reserve. It excises a section of Brunton Avenue land from
Yarra Park Reserve. The area to be excised is shown hatched and
cross-hatched on a plan lodged in the Central Plan Office and
numbered LEGL./09-308. Subsection (1) provides that the
Minister responsible for the Crown Land Reserves Act 1978
may recommend to the Governor in Council that any part of the
land be excised from Yarra Park Reserve. Subsection (2)
provides that the Minister may make such a recommendation
after receiving a plan of survey from the Surveyor-General if the
Minister is satisfied it represents the land to be excised from
Yarra Park Reserve. On receiving a recommendation, the
Governor in Council may declare that the land in the plan is
taken to be a road known as Brunton Avenue, by Order published
in the Government Gazette.
Subsection (4) provides that when the Order is published, the
land will be taken to be declared as a road and as an arterial road
under sections 11 and 14 of the Road Management Act 2004
respectively. Under subsection (5), when the Order is published
the land on the plans will be taken to be free of all encumbrances
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of any kind and any regulations made under section 13 of the
Crown Land Reserves Act 1978 will be revoked to the extent
that they apply to that land. Subsection (6) states that the
declaration of the land as a road does not revoke the naming of
Brunton Avenue which took place in June 1938. Subsection (7)
specifies that any land to be excised is not to include any part of
the MCG. The MCG includes stratum above Brunton Avenue in
the area where a section of Brunton Avenue is to be excised from
Yarra Park Reserve and these stratum remain unchanged by the
Bill.
New section 16 also contributes to tidying up the boundaries of
Yarra Park Reserve. It excises railway land south of Brunton
Avenue from Yarra Park Reserve. The area to be excised is
shown hatched on a plan lodged in the Central Plan Office and
numbered LEGL./09-307. The section provides that the Minister
responsible for the Crown Land Reserves Act 1978 may
recommend to the Governor in Council that any part of the land
be excised from Yarra Park Reserve. Subsection (2) provides
that the Minister may make such a recommendation after
receiving a plan of survey from the Surveyor-General if the
Minister is satisfied it represents the land to be excised from
Yarra Park Reserve. Subsection (3) states that on receiving a
recommendation, the Governor in Council may declare that the
land in the plan is taken to be granted to VicTrack under
section 13E of the Rail Corporations Act 1996.
Subsections (4) and (5) provide that when the Order is published,
the land will be taken to be granted to VicTrack and free of all
encumbrances of any kind and any regulations made under
section 13 of the Crown Land Reserves Act 1978 will be
revoked to the extent that they apply to that land.
New section 17 authorises and directs the Registrar of Titles to
make any entries in the Register of Titles that are necessary to
give effect to this Part of the Bill which tidies up the boundaries
of Yarra Park Reserve.
New section 18 provides a regulation making power in relation to
Yarra Park Reserve in the Melbourne (Yarra Park) Land Act
1980. The Minister may make regulations for or with respect to,
subject to the provision of car parking in Yarra Park Reserve in
accordance with section 9, prohibiting or regulating traffic or car
parking. Regulations may also be made prohibiting or regulating
advertising or soliciting and commercial activities in Yarra Park
Reserve and for any other matter or thing required or permitted
by the Act to give effect to the Act.
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Subsection (2) provides that regulations made under this
provision may prescribe penalties up to 20 penalty units, may
apply at all times or at specified times, may apply throughout the
whole park or in specified areas and may all to all cases with or
without exceptions and to specified cases or classes of case.
Regulations made under this section and any revocation of
regulations must be published in the Government Gazette and
come into force on the day they are so published.
Regulations for Yarra Park Reserve may also be made under the
Crown Land Reserves Act 1978. Subsection (5) provides that
the penalty for contravention of such a regulation, except for an
offence of depositing or leaving unwanted material, may be up to
a maximum of 20 penalty units despite section 13(5) of the
Crown Land Reserves Act 1978 which establishes a maximum
of 2 penalty units. Subsection (6) provides for a penalty of up to
a maximum of 20 penalty units for an offence of depositing or
leaving unwanted material in Yarra Park Reserve in breach of
regulations made under the Crown Land Reserves Act 1978,
despite section 13(5) of that Act which establishes a maximum of
2 penalty units.
Regulations to be made in relation to Yarra Park Reserve under
the Crown Land Reserves Act 1978 and the Melbourne (Yarra
Park) Land Act 1980 will be relevant laws under the
Conservation, Forests and Lands Act 1987 and offences
against such regulations may be enforced with infringement
notices pursuant to section 91 of that Act.
A heading "PART 4--TRANSITIONAL PROVISIONS" is
inserted before new section 19.
New section 19 preserves vendor licences entered into by the
Council as the committee of management for Yarra Park
Reserve. It provides that the amendment of the Act is not to be
taken to affect the status or continuity of a vendor licence in force
immediately before the commencement of the Act. On and from
the commencement of the Act a vendor licence effectively
becomes a licence between the Trust and the licensee and it will
be as if the Trust takes the place of the Council as a party to the
licence. Subsection (3) specifies that the section does not transfer
to the Trust any right, liability or obligation in relation to vendor
licences that existed before commencement of the Bill or arises
from events or circumstances that occurred or existed before
commencement. In subsection (4) vendor licence is defined as
certain licences for the sale of refreshments or novelties entered
into by Council with Event Catering Solutions Australia Pty Ltd
or Krisanth Pty Ltd.
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New section 20 provides that the amendment of the Act is not to
be taken to affect the status or continuity of a lease over Punt
Road Oval entered into by Council with the Richmond Cricket
Club. On and from the commencement of the Act the lease
effectively becomes a lease between the Trust and the lessee and
it will be as if the Trust takes the place of the Council as a party
to the lease. Subsection (3) specifies that the section does not
transfer to the Trust any right, liability or obligation in relation to
the lease that existed before commencement of the Bill or arises
from events or circumstances that occurred or existed before
commencement.
New section 21 provides for three management contracts entered
into by Council to be preserved. The amendment of the Act will
not affect the status or continuity of a management contract in
force immediately before the commencement of the Act. On and
from the commencement of the Act a management contract will
effectively become a licence between the Trust and the licensee
and the Trust will effectively take the place of the Council as a
party to the licence. Subsection (3) specifies that the section does
not transfer to the Trust any right, liability or obligation in
relation to management contracts that existed before
commencement of the Bill or arises from events or circumstances
that occurred or existed before commencement. In subsection (4)
management contract is defined as certain contracts with
CityWide Services Solution Pty Ltd for the management and
maintenance of parks in the City of Melbourne and the
management and maintenance of trees in the City of Melbourne,
and as a certain contract with S & K Car Park Management Pty
Ltd for the management of car parking in certain parks.
New section 22 provides that the amendment of the Act will not
make the Trust a party to an existing agreement related to Punt
Road Oval between the State, the Council, the Richmond
Football Club and the Australian Football League and will not
give rise to any duty of the Trust or any liability or other
obligation on the Trust. The agreement is the Funding
Agreement for the Redevelopment of Training, Administrative
and Community Facilities at Punt Road Oval that was entered
into on 29 June 2009.
New section 23 provides that on the commencement of the Bill
any regulations made under section 13 of the Crown Land
Reserves Act 1978 that applied to the whole or part of Yarra
Park Reserve immediately before commencement are revoked to
the extent that they applied to Yarra Park Reserve.
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New section 24 provides that on the commencement of the Bill
the Yarra Park Parking Agreement ceases to have effect.
The Yarra Park Parking Agreement is defined as the agreement
in respect of Yarra Park Reserve entered into between the
Melbourne City Council and the Minister for Planning dated
28 October 2005.
Part 3 of the Bill includes amendments to the Melbourne Cricket Ground
Act 2009.
Clause 9 adds a definition of Yarra Park Reserve to section 3 of the
Melbourne Cricket Ground Act 2009.
Clause 10 adds a new function to the powers and functions of the
Melbourne Cricket Ground Trust under section 6 of the
Melbourne Cricket Ground Act 2009, namely to be the
committee of management for Yarra Park Reserve.
Clause 11 amends the provisions of the Melbourne Cricket Ground Act
2009 that allow the Trust to delegate its functions and powers to
the Melbourne Cricket Club to allow the Trust to delegate its
functions under other Acts in addition to its functions under the
Melbourne Cricket Ground Act 2009. Subsection (2) amends
section 21(2) of the Melbourne Cricket Ground Act 2009 to
require the Melbourne Cricket Club to implement the Trust's
policies in relation to Yarra Park Reserve if the Trust delegates
its functions or powers in relation to Yarra Park Reserve to the
Club.
Clause 12 amends the provisions of the Melbourne Cricket Ground Act
2009 that allow the Melbourne Cricket Club, with the approval
of the Trust, to delegate to other persons functions and powers
delegated by the Trust to the Melbourne Cricket Club.
The clause specifically amends the scope of this provision to
cover the Trust's functions under other Acts in addition to its
functions under the Melbourne Cricket Ground Act 2009.
Subsection (2) amends section 22(2) of the Melbourne Cricket
Ground Act 2009 to require a delegate of the Melbourne Cricket
Club to implement the Trust's policies in relation to Yarra Park
Reserve.
Clause 13 requires the annual business plan prepared by the Trust under
section 25 of the Melbourne Cricket Ground Act 2009 to
include the performance measures and targets included in the
annual management and improvement plan for Yarra Park
Reserve approved under section 8(7) of the Melbourne (Yarra
Park) Land Act 1980.
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Clause 14 adds a further requirement to the matters to be included in the
annual report prepared by the Trust under section 26 of the
Melbourne Cricket Ground Act 2009. The Trust is required to
provide an explanation of whether the performance measures and
targets included in the management and improvement plan for
Yarra Park Reserve approved under section 8(7) of the
Melbourne (Yarra Park) Land Act 1980 have been met for the
financial year.
Clause 15 repeals section 30(4) of the Melbourne Cricket Ground Act
2009 which provides a definition of Yarra Park Reserve for the
purposes of the provisions related to the floodlights at the MCG.
Yarra Park Reserve now has wider relevance within the
Melbourne Cricket Ground Act 2009 and a new definition has
been inserted into section 3 of the Act which contains the other
definitions required by the Act.
Clause 16 amends the Schedule 1 to the Conservation, Forests and Lands
Act 1987 to include the Melbourne (Yarra Park) Land Act
1980 as a relevant law under that Act. This means that the
enforcement provisions of the Conservation, Forests and Lands
Act 1987 will apply to any regulations made under the
Melbourne (Yarra Park) Land Act 1980.
Clause 17 provides for the Melbourne Cricket Ground and Yarra Park
Amendment Act 2009 to repeal itself on 15 March 2012.
This allows two years from the forced date of commencement of
the Bill for the processes to adjust the boundaries of Yarra Park
Reserve to be completed.
SCHEDULE
Schedule 1 describes the land known as Yarra Park Reserve to which the
unused road is added by new section 14 of the Melbourne (Yarra Park)
Land Act 1980. The schedule describes the Yarra Park Land by reference to
the situation and area of the land, the instrument and date of reservation, a
description of the land by reference to the Government Gazette in which the
Order was published and the purpose of the reservation.
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