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Melbourne Cricket Ground (Amendment) Bill Circulation Print EXPLANATORY MEMORANDUM Clause 1 states that the main purpose of the Act is to amend the Melbourne Cricket Ground Act 1933 to make further provision regarding the management of the Melbourne Cricket Ground to make minor changes to the area of the MCG for the Northern Stand and to ensure proper monitoring of the Northern Stand development. Clause 2 provides for the commencement of the Act. Clause 3 provides that the Melbourne Cricket Ground Act 1933 is the Principal Act for the purposes of this Act. Clause 4 enables the appointment of between 6 and 8 persons as members of the Trust by the Governor in Council on the recommendation of the Minister. Clause 5 inserts new sections 7A and 7AB in the Act. Section 7A(1) provides that the Trust is able to delegate by instrument any part of the functions and powers of the Trust, except this power of delegation to the Melbourne Cricket Club with the approval of the Minister. Section 7A(2) provides that if the Trust delegates a power or function under sub-section (1), it does not prevent the Trust from performing or exercising that power or function and the delegation must be in accordance with any conditions or limitations that the Trust may specify. Delegated functions or powers under this section are taken to have been performed by the Trust. The delegate must implement any policy made from time to time by the Trust in relation to the functions and powers relating to the management of the Ground so delegated. The policy cannot be inconsistent with any agreement appointing the Melbourne Cricket Club as Ground Manager or any lease to the Melbourne Cricket Club. Section 7AB(1) provides that the Melbourne Cricket Club is able to delegate the functions or powers delegated to it by the Trust. 1 551020 BILL LA CIRCULATION 21/3/2003
Section 7AB(2) provides that if the Melbourne Cricket Club delegates a power or function under sub-section (1) it does not prevent the Club from performing or exercising that function or power and the delegation must be in accordance with any conditions or limitations that the Trust may specify. Delegated functions or powers under this section are taken to have been performed by the Trust. The delegate must implement any policy made from time to time by the Trust in relation to any functions and powers relating to management of the Ground so delegated. The policy cannot be inconsistent with any agreement appointing the Melbourne Cricket Club as Ground Manager or with the lease to the Melbourne Cricket Club. Clause 6 inserts a new section 7F(1A) in the Melbourne Cricket Ground Act 1933. This provision provides that the Melbourne Cricket Club must prepare a business plan on behalf of the Trust and submit it to the Trust for approval while it is Ground Manager of the whole of the Ground. The words "or approved" are inserted into section 7F(2) of the Melbourne Cricket Ground Act 1933 to enable the Trust to submit a business plan that it prepares or approves to the Government. Clause 7 inserts new sections 7K and 7L in the Melbourne Cricket Ground Act 1933. Section 7K provides for the Trust to appoint the Melbourne Cricket Club as Ground Manager during any period that the Club is the lessee of the whole ground. During this period of appointment section 7J of the Act does not apply and the Trust must not enter into a contract with any other person to manage the whole or any part of the Ground. Section 7L provides that the Melbourne Cricket Club is entitled to receive and retain all entrance fees and charges and all revenue arising in the course of its management of the Ground while it is Ground Manager. This is subject to the terms and conditions of its appointment with all moneys collected allocated and disbursed in accordance with that agreement. Clause 8 inserts a new section 8B in the Melbourne Cricket Ground Act 1933. This section provides that the Trust is unable to delegate any functions and powers in relation to the development of the Northern Stand without the approval of the Minister. 2
The Trust must also provide a report to the Minister on the development of the Northern Stand on a 3 monthly basis until completion of the development commencing 3 months after the commencement of this section. Clause 9 inserts a new section 11A(5A) in the Melbourne Cricket Ground Act 1933. This sub-section provides that despite anything in the Yarra Park Road Act 1897 all rights, easements and privileges existing or claimed regarding any road on the land affected by section 11A cease. Clause 10 inserts new sections 11B, 11C and 11D in the Melbourne Cricket Ground Act 1933 for land added to and removed from the Melbourne Cricket Ground. Section 11B adds further lands to the Melbourne Cricket Ground as shown hatched on plans numbered LEGL./03-021 and LEGL./03-022 which are lodged in the Central Plan Office and applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any other Act or law. The Order in Council dated 9 June 1873 and Crown Grant Volume 600, Folio 119902 are revoked to the extent to which they apply to the land shown on the plan of survey. On revocation of the Order, the land shown on the plans of survey is deemed to be-- (a) permanently reserved as a site for the Melbourne Cricket Ground under section 4(1) of the Crown Land (Reserves) Act 1978; and (b) included in and form part of the land reserved under the Order in Council dated 20 February 1934 and referred to in Crown Grant Volume 5925, Folio 1184828; and (c) no longer a road and all rights, easements and privileges existing or claimed cease despite anything in the Yarra Park Road Act 1897. Sub-section (6) authorises and directs the Registrar of Titles to make entries in the register that are necessary to give effect to these provisions. Section 11C in the Melbourne Cricket Ground Act 1933 re-reserves the land shown cross-hatched on plan number LEGL./03-023 which is lodged in the Central Plan Office for Yarra Park. The section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any other Act or law. 3
The Order in Council dated 20 February 1934 and Crown Grant Volume 5925, Folio 1184828 are revoked to the extent to which they apply to the land shown on the plan of survey. On revocation of the Order, the land shown on the plan of survey-- (a) ceases to be permanently reserved as a site for the Melbourne Cricket Ground under section 4(1) of the Crown Land (Reserves) Act 1978; (b) is deemed to be permanently reserved as a site for the purposes of Public Park (Yarra Park) under section 4(1) of the Crown Land (Reserves) Act 1978; (c) is deemed to be included in and form part of the land reserved under the Order in Council dated 9 June 1873 and referred to in Crown Grant Volume 600, Folio 119902. Sub-section (6) authorises and directs the Registrar of Titles to make entries in the Register that are necessary to give effect to these provisions. Section 11D is inserted in the Melbourne Cricket Ground Act 1933 for strata added to the Melbourne Cricket Ground for the Northern Stand as shown on plan numbered OP121865 and described as Crown Allotments 2013, 2014, 2015 and 2016 which is lodged in the Central Plan Office. The section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any other Act or law. The Order in Council dated 9 June 1873 and Crown Grant Volume 600, Folio 119902 is revoked to the extent to which they apply to the land shown on the plan of survey for the Northern Stand strata. On revocation of the Order, the Northern Stand strata shown on the plan of survey is deemed to be-- (a) permanently reserved as a site for the Melbourne Cricket Ground under section 4(1) of the Crown Land (Reserves) Act 1978; (b) included in and form part of the land reserved under the Order in Council dated 20 February 1934 and referred to in Crown Grant Volume 5925, Folio 1184828. Sub-section (6) authorises and directs the Registrar of Titles to make entries in the Register that are necessary to give effect to these provisions. 4