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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Cricket and Sports Ground
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Sydney Cricket and Sports Ground
Act 1978 No 72 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Sydney Cricket and Sports Ground
Amendment Bill 2006
Act No , 2006
An Act to amend the Sydney Cricket and Sports Ground Act 1978 in relation to the
purposes for which the scheduled lands under the Act may be used; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Sydney Cricket and Sports Ground Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sydney Cricket and Sports Ground Amendment
Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Sydney Cricket and Sports Ground Act 1978 No 72
The Sydney Cricket and Sports Ground Act 1978 is amended as set out
in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Sydney Cricket and Sports Ground Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8 Continuation of dedication of land in Part 1 of Schedule 2
Omit "shall be deemed to be Crown land dedicated under the Crown Lands
Consolidation Act 1913 for public recreation and (without affecting section
10) that Act, with the exception of Divisions 2 and 4 of Part 3B thereof, shall
apply to and in respect of that land".
Insert instead "is taken to be Crown land dedicated under the Crown Lands Act
1989 for public recreation".
[2] Section 9 Vesting and dedication of land in Part 2 of Schedule 2
Omit "shall be deemed to be Crown land dedicated under the Crown Lands
Consolidation Act 1913 for public recreation, and (without affecting section
10) that Act, with the exception of Divisions 2 and 4 of Part 3B thereof, shall
apply to and in respect of that land" from section 9 (b).
Insert instead "is taken to be Crown land dedicated under the Crown Lands Act
1989 for public recreation".
[3] Section 9A Vesting and dedication of land in Part 3 of Schedule 2
Omit "shall be deemed to be Crown land dedicated under the Crown Lands
Consolidation Act 1913 for public recreation, and (without affecting section
10) that Act, with the exception of Division 2 and 4 of Part 3B thereof, shall
apply to and in respect of that land" from section 9A (b).
Insert instead "is taken to be Crown land dedicated under the Crown Lands Act
1989 for public recreation".
[4] Section 9B
Insert after section 9A:
9B Application of Crown Lands Act 1989
The Crown Lands Act 1989 applies to and in respect of scheduled
lands, except for the following provisions:
(a) sections 100, 101, 111, 111A, 121A and 122128,
(b) Divisions 4, 6 and 7 of Part 5.
Page 3
Sydney Cricket and Sports Ground Amendment Bill 2006
Schedule 1 Amendments
[5] Sections 1012
Omit the sections. Insert instead:
10 Revocation of dedication
(1) Despite the provisions of this or any other Act, a dedication
referred to in section 8, 9 or 9A cannot be revoked except by an
Act of Parliament.
(2) However, subsection (1) does not affect the operation of section
104 of the Crown Lands Act 1989.
11 Appointment of Trust as trustee
The Trust is taken to be a reserve trust under the Crown Lands Act
1989 of the scheduled lands and is the sole trustee of the
scheduled lands.
12 Estate of Trust in, and dealings with, scheduled lands
(1) For the purposes only of this Act and any by-law under this Act,
and the provisions of Division 5 of Part 5 of the Crown Lands Act
1989 applying by virtue of section 9B of this Act, the Trust is
taken to have an estate in fee simple in the scheduled lands.
(2) Subsection (1) operates only to the extent that the Trust would not
have an estate in fee simple in the scheduled lands apart from that
subsection.
(3) The Trust is not capable of alienating, charging, granting leases
of, or licences in respect of, the scheduled lands or any part of the
scheduled lands except in accordance with the provisions of
Division 5 of Part 5 of the Crown Lands Act 1989 applying by
virtue of section 9B of this Act.
(4) A reference in section 108 of the Crown Lands Act 1989 to
prescribed purposes includes, in relation to the scheduled lands,
a reference to the purposes referred to in section 14 of this Act.
(5) A reference in the provisions of Division 5 of Part 5 of the Crown
Lands Act 1989 applying by virtue of section 9B of this Act to the
Minister is, in relation to the scheduled lands, to be read as a
reference to the Minister administering this Act.
(6) The Trust is, in the exercise or performance of its functions in
relation to the grant of licences under section 108 of the Crown
Lands Act 1989, subject to the control and direction of the
Minister.
Page 4
Sydney Cricket and Sports Ground Amendment Bill 2006
Amendments Schedule 1
[6] Sections 16C16E
Insert after section 16B:
16C Additional uses allowed on scheduled lands
(1) Subject to section 16D, any part of the scheduled lands may be
used for purposes permitted on that part by a State environmental
planning policy.
(2) After the commencement of this section, a State environmental
planning policy may not permit the use of the scheduled lands for
any purpose unless the use of the land for that purpose has been
approved by the Minister administering this Act.
(3) Section 16B does not prevent provision being included in a State
environmental planning policy in relation to any part of the
scheduled lands that is designated land. However, if such
provision is made, section 16B ceases to apply to that part of the
land except in relation to:
(a) any improvement or use of that part of the land carried out
pursuant to an approval under section 16A that was
granted before the date on which the State environmental
planning policy took effect, or
(b) any improvement carried out, or use of that part of the
land, pursuant to an approval under section 16A that was
granted on or after the date on which the State
environmental planning policy took effect in response to
an application made by the Trust before that date.
(4) This section:
(a) does not affect any provision of a State environmental
planning policy as in force before the commencement of
this section, and
(b) affects provisions included in a State environmental
planning policy after the commencement of this section
only to the extent that those provisions relate to the
scheduled lands.
(5) In this section, State environmental planning policy has the
same meaning as in the Environmental Planning and Assessment
Act 1979.
Page 5
Sydney Cricket and Sports Ground Amendment Bill 2006
Schedule 1 Amendments
16D Certain uses of scheduled lands restricted
(1) Despite any other provision of this Act, any other Act or any
instrument made under this or any other Act:
(a) no part of the scheduled lands (other than land described in
Schedule 2B) may be used for residential accommodation,
and
(b) no part of the scheduled lands (other than designated land)
may be used for tourist and visitor accommodation.
(2) In this section:
residential accommodation means a building or place used
predominantly as a place of residence, but does not include
tourist and visitor accommodation.
tourist and visitor accommodation means a building or place that
provides temporary or short-term accommodation on a
commercial basis, and includes hotel accommodation and
serviced apartments.
16E Ancillary provisions relating to development and use of scheduled
lands for additional purposes
(1) The dedication of the scheduled lands for public recreation does
not prevent or otherwise affect the use of any part of the
scheduled lands for a permissible purpose and does not prevent
or otherwise affect the grant of a lease or licence that permits or
otherwise provides for its use for a permissible purpose.
(2) The provisions of sections 102, 103 and 108 of the Crown Lands
Act 1989 extend to the leasing and licensing of any part of the
scheduled lands for a permissible purpose.
(3) Without limiting the work that may be carried out by the Trust to
enable the use of any part of the scheduled lands for a permissible
purpose, the provisions of section 16 apply to any such purpose
in the same way as they apply to purposes referred to in sections
14 and 15.
(4) For the purpose of enabling the use of any part of the scheduled
lands for a permissible purpose, the functions of the Trust may be
exercised by the Trust in a partnership, joint venture or other
association with other persons or bodies.
(5) In this section, permissible purpose, in relation to a part of the
scheduled lands, means a purpose permitted on that part by a
State environmental planning policy referred to in section 16C.
Page 6
Sydney Cricket and Sports Ground Amendment Bill 2006
Amendments Schedule 1
[7] Schedule 2B
Insert after Schedule 2A:
Schedule 2B Section 16D--land description
(Section 16D (1) (a))
All that piece or parcel of land situated in the Parish of Alexandria County of
Cumberland comprising part of Portion 1528 and part of Portion 1530 being
part of the land in Schedule 2A: commencing on the southeastern side of
Driver Avenue at its intersection with the southwestern side of Moore Park
Road bounded thence on the northeast by the southwestern side of Moore Park
Road bearing successively 102 degrees 6 minutes 50.27 metres, 104 degrees
51 minutes 30 seconds 95.72 metres, 109 degrees 60.13 metres and
111 degrees 47 minutes 30 seconds 23.475 metres to the intersection of the
southwestern side of Moore Park Road with the northeastern face of a concrete
kerb; on the northeast by the northeastern face of a concrete kerb and the
prolongation thereof bearing 161 degrees 29 minutes 30 seconds
34.945 metres to the corner of a concrete pavement; on the southeast by a line
joining the corner of a concrete pavement to the northeastern corner of a brick
wall bearing 246 degrees 23 minutes 20 seconds 19.1 metres; along the
southeastern face of a brick wall bearing successively 243 degrees 40 minutes
2.275 metres, 238 degrees 34 minutes 9.515 metres and 233 degrees
19 minutes 5.36 metres to the southeastern corner of a brick wall; by a line
joining the southeastern corner of a brick wall to the northeastern corner of a
brick wall bearing 230 degrees 52 minutes 10.745 metres; along the
southeastern face of a brick wall bearing successively 229 degrees 10 minutes
4.965 metres and 222 degrees 22 minutes 3.77 metres; by a line joining the
southeastern corner of a brick wall to the northeastern corner of a brick wall
bearing 222 degrees 11 minutes 2.305 metres; along the southeastern face of a
brick wall bearing 222 degrees 24 minutes 14.915 metres; by a line joining the
southeastern corner of a brick wall to the northeastern corner of a concrete
kerb bearing 209 degrees 55 minutes 7.16 metres; along the southeastern face
of a concrete kerb bearing successively 209 degrees 27 minutes 12.315 metres,
202 degrees 37 minutes 11.73 metres, 200 degrees 19 minutes 9.26 metres and
192 degrees 25 minutes 8.805 metres; along the southeastern face of a brick
wall bearing 189 degrees 13 minutes 2.62 metres; on the south by the southern
face of a brick wall bearing 277 degrees 45 minutes 4.53 metres; on the
southeast by the southeastern face of a timber retaining wall bearing
252 degrees 25 minutes 4.03 metres; on the east by the eastern edge of a
concrete dish drain bearing 186 degrees 36 minutes 14.26 metres; on the south
by the southern face of a concrete kerb bearing 273 degrees 34 minutes
10 seconds 58.155 metres to the intersection of the kerb and the eastern side
of Driver Avenue; on the southwest, west and northwest by the northeastern,
eastern and southeastern sides of Driver Avenue bearing successively
Page 7
Sydney Cricket and Sports Ground Amendment Bill 2006
Schedule 1 Amendments
307 degrees 24 minutes 30 seconds 114.89 metres, 321 degrees 3 minutes
30 seconds 20.115 metres, 345 degrees 3 minutes 30 seconds 20.115 metres,
3 degrees 33 minutes 30 seconds 20.115 metres and 17 degrees 3 minutes
30 seconds 75.74 metres to the point of commencement and containing in all
an area of 3.2 hectares or thereabout.
[8] Schedule 4 Savings and transitional provisions
Insert before clause 1:
Part 1 Preliminary
1A Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
Sydney Cricket and Sports Ground Amendment Act 2006
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of
this Act
Page 8
Sydney Cricket and Sports Ground Amendment Bill 2006
Amendments Schedule 1
[9] Schedule 4, Part 3
Insert after clause 8:
Part 3 Provisions consequent on enactment of
Sydney Cricket and Sports Ground
Amendment Act 2006
9 Dedication of scheduled lands
No amendment made by the Sydney Cricket and Sports Ground
Amendment Act 2006 affects the continued dedication of the
scheduled lands for the purposes of public recreation as referred
to in section 8, 9 or 9A.
10 Existing leases and licences
(1) An amendment to this Act made by the Sydney Cricket and
Sports Ground Amendment Act 2006 does not affect any lease or
licence granted by the Trust and in force immediately before the
commencement of the amendment.
(2) However, subclause (1) does not limit the operation of section
16 (2) and (3) (as applied by section 16E) in relation to a lease or
licence referred to in that subclause.
Page 9
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