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Queensland
BRISBANE CASINO
AGREEMENT AMENDMENT
BILL 2001
Queensland
BRISBANE CASINO AGREEMENT
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
2001
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF BRISBANE CASINO AGREEMENT
ACT 1992
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Omission of s 3 (Interpretation--meaning of "development") . . . . . . . . . . . 5
6 Amendment of s 4 (Minister may make agreement for Brisbane Casino) . . 5
7 Amendment of s 6 (Variation of casino agreement) . . . . . . . . . . . . . . . . . . . 5
8 Replacement of pt 3 hdg (Application of other Acts) . . . . . . . . . . . . . . . . . . 5
9 Omission of ss 710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10 Omission of s 12 (Casino agreement not limited by this Part) . . . . . . . . . . . 6
11 Omission of pt 4 hdg (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SCHEDULE
PROPOSED FURTHER AGREEMENT
13 Renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
PART 3--REPEAL OF CERTAIN SUBORDINATE LEGISLATION
14 Repeal of regulation made under Brisbane Casino Agreement Act 1992 . 97
15 Repeal of subordinate legislation made under the Jupiters Casino
Agreement Act 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
2001
A BILL
FOR
An Act to amend the Brisbane Casino Agreement Act 1992, and for
other purposes
s1 4 s4
Brisbane Casino Agreement Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Brisbane Casino Agreement Amendment 4
Act 2001. 5
2 Commencement
Clause 6
Sections 4, 5, 8 to 11 and 13 commence immediately after a further 7
agreement is entered into under the Brisbane Casino Agreement Act 1992, 8
section 5(1) (as renumbered by this Act). 9
PART 2--AMENDMENT OF BRISBANE CASINO 10
AGREEMENT ACT 1992 11
3 Act amended in pt 2
Clause 12
This part amends the Brisbane Casino Agreement Act 1992. 13
4 Amendment of s 2 (Definitions)
Clause 14
(1) Section 2, definitions other than the definitions "Brisbane Casino", 15
"casino agreement" and "Control Act"-- 16
omit. 17
(2) Section 2, definition "casino agreement", `section 4'-- 18
omit, insert-- 19
`section 3'. 20
s5 5 s9
Brisbane Casino Agreement Amendment Bill 2001
5 Omission of s 3 (Interpretation--meaning of "development")
Clause 1
Section 3-- 2
omit. 3
6 Amendment of s 4 (Minister may make agreement for Brisbane
Clause 4
Casino) 5
Section 4-- 6
insert-- 7
`(4) The Minister may not enter into an agreement under this section 8
after the commencement of the Brisbane Casino Agreement Amendment 9
Act 2001, section 6. 10
7 Amendment of s 6 (Variation of casino agreement)
Clause 11
(1) Section 6(1), after `further agreement'-- 12
insert-- 13
`corresponding to the proposed further agreement set out in the 14
schedule'. 15
(2) Section 6(2)-- 16
omit. 17
(3) Section 6(3)-- 18
renumber as section 6(2). 19
8 Replacement of pt 3 hdg (Application of other Acts)
Clause 20
Part 3, heading-- 21
omit, insert-- 22
`PART 3--MISCELLANEOUS'. 23
9 Omission of ss 710
Clause 24
Sections 7 to 10-- 25
omit. 26
s 10 6 s 12
Brisbane Casino Agreement Amendment Bill 2001
10 Omission of s 12 (Casino agreement not limited by this Part)
Clause 1
Section 12-- 2
omit. 3
11 Omission of pt 4 hdg (Miscellaneous)
Clause 4
Part 4, heading-- 5
omit. 6
12 Insertion of new schedule
Clause 7
After section 13-- 8
insert-- 9
`SCHEDULE 10
`PROPOSED FURTHER AGREEMENT 11
section 5(1) 12
THIS DEED is made on 13
BETWEEN THE STATE OF QUEENSLAND ("the State") 14
AND JUPITERS LIMITED ACN 010 741 045 of 9th Floor, 15
Niecon Tower, 17 Victoria Avenue, Broadbeach 16
("Jupiters") 17
RECITALS 18
A The parties are the parties to an agreement made on 6 May 1993 19
relating to the development and operation of a casino-hotel 20
complex at Brisbane in the State of Queensland which was 21
authorised by the Act and was varied pursuant to the Act by 22
agreements made on 15 June 1993, 21 October 1994, 6 April 1995 23
and 3 February 1997. 24
B The parties have agreed to amend the Brisbane Casino Agreement 25
in the manner set out in this document. 26
s 12 7 s 12
Brisbane Casino Agreement Amendment Bill 2001
IT IS AGREED 1
1 INTERPRETATION 2
1.1 Definitions 3
In this document: 4
"Act" means the Brisbane Casino Agreement Act 1992. 5
"Brisbane Casino Agreement" means the agreement referred to in 6
Recital A. 7
1.2 Construction 8
Unless expressed to the contrary: 9
(a) words importing: 10
(i) the singular include the plural and vice versa; and 11
(ii) any gender includes the other genders; 12
(b) if a word or phrase is defined cognate words and phrases have 13
corresponding definitions; 14
(c) a reference to: 15
(i) a person includes a firm, unincorporated association, 16
corporation and a government or statutory body or 17
authority; 18
(ii) a person includes its legal personal representatives, 19
successors and assigns; 20
(iii) a statute, ordinance, code or other law includes regulations 21
and other statutory instruments under it and consolidations, 22
amendments, re-enactments or replacements of any of them; 23
(iv) a right includes a benefit, remedy, discretion, authority or 24
power; 25
(v) an obligation includes a warranty or representation and a 26
reference to a failure to observe or perform an obligation 27
includes a breach of warranty or representation; 28
(vi) provisions or terms of this document or another document, 29
agreement, understanding or arrangement include a 30
s 12 8 s 12
Brisbane Casino Agreement Amendment Bill 2001
reference to both express and implied provisions and terms; 1
and 2
(vii) this or any other document includes the document as varied 3
or replaced and notwithstanding any change in the identity 4
of the parties; and 5
(d) a reference to this document includes all schedules and 6
annexures referred to in it. 7
1.3 Headings 8
Headings do not affect the interpretation of this document. 9
2 AMENDMENT OF BRISBANE CASINO AGREEMENT 10
The parties agree that the Brisbane Casino Agreement is amended in the 11
manner set out in Schedule 1. 12
3 MISCELLANEOUS 13
3.1 Governing law and jurisdiction 14
(a) This document is governed by and is to be construed in accordance 15
with the laws in force in Queensland. 16
(b) Each party irrevocably and unconditionally submits to the 17
non-exclusive jurisdiction of the courts of Queensland and any courts 18
which have jurisdiction to hear appeals from any of those courts and waives 19
any right to object to any proceedings being brought in those courts. 20
EXECUTED as a deed. 21
SIGNED BY ) 22
the Treasurer of the State of Queensland) 23
for and on behalf of the State of ) 24
Queensland in the presence of: ) 25
s 12 9 s 12
Brisbane Casino Agreement Amendment Bill 2001
............................................................. .................................................. 1
Witness 2
............................................................. 3
Name of Witness (print) 4
THE COMMON SEAL of ) 5
JUPITERS LIMITED is affixed ) 6
in the presence of: ) 7
............................................................. ................................................. 8
Company Secretary/Director Director 9
10
.............................................................. ................................................. 11
Name of Company Secretary/Director Name of Director (print) 12
(print) 13
SCHEDULE 1 14
AMENDMENTS TO BRISBANE CASINO AGREEMENT 15
1 Insertion of new index 16
Before the heading, `CASINO AGREEMENT'-- 17
insert-- 18
`INDEX 19
PART I--PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 20
1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21
2. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22
3. Counting of days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 23
4. Legislative Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24
s 12 10 s 12
Brisbane Casino Agreement Amendment Bill 2001
5. Authority to enter into Agreement . . . . . . . . . . . . . . . . . . . . . . . 16 1
6. Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2
7. Variation of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3
8. Stamp Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4
9. Agreement to have force of law . . . . . . . . . . . . . . . . . . . . . . . . . 17 5
10. Illegal acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6
11. Encumbrances to the Licence . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7
12. Bear own costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8
PART II--DEVELOPMENT AND USE OF BRISBANE 9
CASINO-HOTEL COMPLEX AND RELATED MATTERS 18 10
13. Application of Development Legislation to Brisbane 11
Casino-Hotel Complex and the Site. . . . . . . . . . . . . . . . . . . . . . 18 12
14. Use of Brisbane Casino-Hotel Complex Lawful. . . . . . . . . . . . 18 13
15. Development of the Brisbane Casino-Hotel Complex and 14
the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15
16. Brisbane Casino-Hotel Complex to Comply. . . . . . . . . . . . . . . 20 16
17. Acknowledgment and Warranties . . . . . . . . . . . . . . . . . . . . . . . 20 17
18. Internal Review Procedure--Development Applications . . . . 21 18
19. Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19
20. Time for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20
21. Schematic Design Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 21
22. Casino to Comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22
23. Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23
24. Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24
25. Acknowledgments and Warranties in respect of 25
Queens Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 26
26. Application of Development Legislation and Heritage 27
Legislation to Queens Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28
27. Permitted Park Works in Queens Park. . . . . . . . . . . . . . . . . . . 24 29
28. Minor Park Works in Queens Park. . . . . . . . . . . . . . . . . . . . . . 25 30
29. Major Park Works in Queens Park. . . . . . . . . . . . . . . . . . . . . . 26 31
s 12 11 s 12
Brisbane Casino Agreement Amendment Bill 2001
30. Internal Review Procedure--Park Works Application . . . . . . 27 1
PART III--HERITAGE PROTECTION. . . . . . . . . . . . . . . . . . . . . . 27 2
31. Application of Heritage Legislation to Brisbane 3
Casino-Hotel Complex and the Site. . . . . . . . . . . . . . . . . . . . . . 27 4
32. Heritage Management Principles . . . . . . . . . . . . . . . . . . . . . . . 27 5
33. Heritage Management Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6
34. Minor Variation Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 7
35. Major Variation Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 8
36. Permitted Variation Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 9
37. Approval of Method Statement . . . . . . . . . . . . . . . . . . . . . . . . . 33 10
38. Emergency Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11
39. Decision or Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12
40. Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13
41. Heritage Advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 14
42. Stop Orders--Heritage Minister . . . . . . . . . . . . . . . . . . . . . . . . 35 15
43. Stop Orders--Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 16
44. Internal Review--Stop Order. . . . . . . . . . . . . . . . . . . . . . . . . . . 37 17
45. Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 18
46. Management of Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 19
47. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 20
48. State Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 21
49. Company Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 22
50. Materials Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 23
51. Inspection of the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 24
PART IV--CORPORATE ORGANISATION AND RELATED 25
MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 26
52. Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 27
53. Company requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 28
54. Corporate structure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 29
55. Additional Founder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 30
s 12 12 s 12
Brisbane Casino Agreement Amendment Bill 2001
56. Disposal of excess voting Shares . . . . . . . . . . . . . . . . . . . . . . . . . 44 1
57. Foreign person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2
PART V--CASINO LICENCE AND RELATED MATTERS. . . . . 46 3
58. Casino Licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 4
59. Provisions of Land Act not to apply to Special Lease. . . . . . . . 46 5
60. Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6
61. Casino Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 7
62. Liquor Act--Special Facility Licence . . . . . . . . . . . . . . . . . . . . 48 8
63. Land Act--Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 9
64. Assignment and Subletting of Special Lease . . . . . . . . . . . . . . . 49 10
65. Partial Surrender of Special Lease. . . . . . . . . . . . . . . . . . . . . . . 50 11
66. Review of Decisions in respect of Brisbane Casino-Hotel 12
Complex, Site and Queens Park . . . . . . . . . . . . . . . . . . . . . . . . . 50 13
PART VI--CASINO OPERATIONS AND REVIEW THEREOF . 52 14
67. Hours of Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 15
68. Operational Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 16
PART VII--TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 17
69. Grounds for Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 18
70. Termination of Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 19
71. Appointment of Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . 55 20
72. Impact of Termination on the Development of the Brisbane 21
Casino-Hotel Complex or the Site . . . . . . . . . . . . . . . . . . . . . . . 57 22
73. Impact of Termination on Special Facility Licence . . . . . . . . . 57 23
PART VIII--GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 24
74. Approvals and Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 25
75. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 26
76. Governing Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 27
77. Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 28
78. Extensions of Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 29
s 12 13 s 12
Brisbane Casino Agreement Amendment Bill 2001
SCHEDULE I--BRIEF TO APPLICANTS . . . . . . . . . . . . . . . . . . . 61 1
SCHEDULE II--WORKS & FEES. . . . . . . . . . . . . . . . . . . . . . . . . 63'. 2
2 Amendment of introductory clause 3
(1) Introductory clause, `this day of 1993'-- 4
omit, insert-- 5
`this sixth day of May 1993'. 6
(2) Introductory clause, `hereinafter called "the State" '-- 7
omit, insert-- 8
` "the State" '. 9
(3) Introductory clause, `principal'-- 10
omit, insert-- 11
`registered'. 12
(4) Introductory clause, `in the State of Queensland'-- 13
omit. 14
(5) Introductory clause, `hereinafter called "the Company" '-- 15
omit, insert-- 16
` "the Company" '. 17
3 Replacement of recital A 18
Recital A-- 19
omit, insert-- 20
`This Agreement was entered into in accordance with section 4 (Minister 21
may make agreement for Brisbane Casino) of the Agreement Act to satisfy 22
section 19 (Agreement to precede grant of casino licence) of the Control 23
Act.'. 24
4 Omission of recital B 25
Recital B-- 26
omit. 27
s 12 14 s 12
Brisbane Casino Agreement Amendment Bill 2001
5 Amendment of recital C 1
(1) Recital C-- 2
renumber as recital B. 3
(2) Recital B, as renumbered, `The'-- 4
omit, insert-- 5
`Prior to the grant of the Casino Licence, the'. 6
(3) Recital B, as renumbered, `has'-- 7
omit. 8
(4) Recital B, as renumbered, `an hotel-casino complex'-- 9
omit, insert-- 10
`a casino-hotel'. 11
6 Amendment of recital D 12
(1) Recital D-- 13
renumber as recital C. 14
(2) Recital C, as renumbered, `acknowledges'-- 15
omit, insert-- 16
`acknowledged'. 17
(3) Recital C, as renumbered, `Complex is'-- 18
omit, insert-- 19
`Brisbane Casino-Hotel Complex was'. 20
(4) Recital C, as renumbered, `is necessary'-- 21
omit, insert-- 22
`was necessary'. 23
(5) Recital C, as renumbered, after `for the establishment of the'-- 24
insert-- 25
`Brisbane Casino-Hotel'. 26
s 12 15 s 12
Brisbane Casino Agreement Amendment Bill 2001
7 Omission of recital E 1
Recital E-- 2
omit. 3
8 Amendment of recital F 4
Recital F-- 5
renumber as recital D. 6
9 Amendment of recital G 7
(1) Recital G-- 8
renumber as recital E. 9
(2) Recital E, as renumbered, `Agreement'-- 10
omit, insert-- 11
`agreement'. 12
10 Replacement of introductory words 13
(1) Introductory words at the end of the recitals, `NOW THEREFORE 14
IT IS HEREBY AGREED AS FOLLOWS:'-- 15
omit, insert-- 16
`IT IS AGREED'. 17
11 Amendment of cl 1 18
(1) Clause 1, definitions, "Building Agreement", "Commissioning", 19
"Company's Contractor", "Company's Nominated Representative", 20
"Complex", "Construction Period", "Development Program", 21
"Easement Plan", "Facility Letter", "Fit-out", "Lands Minister", 22
"Licence Agreement", "Management Agreement", "Minister's 23
Nominated Representative", "Operative Date", "Ordinances", 24
"Permitted Development", "Permit to Occupy", "Planning 25
Legislation", "Planning Scheme", "Planning Scheme Maps", "Project 26
Advisory Group", "Registered Place", "Show Cause", "Site 27
Establishment" and "Statutory Planning Provisions"-- 28
s 12 16 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit. 1
(2) Clause 1-- 2
insert-- 3
` "Approved Holder" means-- 4
(a) a body registered under the Life Insurance Act 1995 (Cwlth) if 5
the body, in its last published audited financial statements, held 6
net assets of at least $100 million; or 7
(b) a regulated superannuation fund, an approved deposit fund, a 8
pooled superannuation trust, or a public sector superannuation 9
scheme within the meaning of the Superannuation Industry 10
(Supervision) Act 1993 (Cwlth) if the fund, trust or scheme, in its 11
last published audited financial statements, held net assets of at 12
least $100 million; or 13
(c) a managed investment scheme within the meaning of the 14
Corporations Law if the scheme, in its last published audited 15
financial statements, held net assets of at least $100 million; or 16
(d) a person who is a licensed dealer and a member organisation of 17
an Australian stock exchange within the meaning of the 18
Corporations Law acting as principal, if the licensed dealer, in its 19
last published audited financial statements, held net assets of at 20
least $100 million; or 21
(e) an authorised deposit-taking institution that carries on any 22
banking business in Australia within the meaning of the Banking 23
Act 1959 (Cwlth) and their wholly-owned subsidiaries; or 24
(f) any building society regulated by the Australian Prudential 25
Regulation Authority and their wholly-owned subsidiaries. 26
"Brisbane Casino-Hotel Complex" means all land and Works used, 27
constructed or effected or to be used, constructed or effected on the 28
Site for a hotel, casino and other Uses in accordance with this 29
Agreement. 30
"Building" has the meaning given in the Integrated Planning Act 1997. 31
"Casino Part" means the part of the Brisbane Casino-Hotel Complex that 32
is a Casino. 33
"Chief Executive (Gaming Regulation)" means the chief executive of the 34
department responsible for the Control Act. 35
s 12 17 s 12
Brisbane Casino Agreement Amendment Bill 2001
"Chief Executive (Heritage)" means the chief executive of the department 1
responsible for the Heritage Act. 2
"Chief Executive (Natural Resources and Mines)" means the chief 3
executive of the department responsible for the Land Act. 4
"Chief Executive (Public Works)" means the chief executive of the 5
department responsible for public works. 6
"1992 Conservation Study" means the 1992 conservation study 7
undertaken by Allom Lovell Marquis-Kyle Architects in respect of the 8
Treasury Buildings Groups, a copy of which has been lodged by the 9
Company with the Chief Executive (Gaming Regulation). 10
"1995 Conservation Report" means the 1995 report undertaken by Allom 11
Lovell Marquis-Kyle Architects in respect of the Former Museum/ 12
Library Brisbane, a copy of which has been lodged by the Company 13
with the Chief Executive (Gaming Regulation). 14
"Cultural Heritage Significance" has the meaning given to it in the 15
Heritage Act. 16
"Decision Date" means the day immediately following-- 17
(a) the end of the Public Notice Period where the Heritage Council 18
has decided to publish a Public Notice pursuant to 19
clause 35(g)(i); or 20
(b) the day on which the Heritage Council has decided not to publish 21
a Public Notice pursuant to clause 35(g)(i). 22
"Decision Notice" means a notice-- 23
(a) published in-- 24
(i) the gazette; and 25
(ii) a newspaper circulating throughout Queensland; and 26
(iii) a newspaper circulating in the Local Government Area; and 27
(b) containing details of the Minister's decision. 28
"Development Application" means an application to the Minister for 29
approval of Regulated Development in respect of the Brisbane 30
Casino-Hotel Complex or the Site pursuant to clause 15. 31
"Development Approval" means an approval granted by the Minister in 32
respect of a Development Application and includes other working 33
drawings and specifications approved by the Minister as part of the 34
s 12 18 s 12
Brisbane Casino Agreement Amendment Bill 2001
Development Approval which will result in variations to the 1
Schematic Design Drawings. 2
"Development Legislation" means any-- 3
(a) legislation of whatsoever nature relating to Development 4
including, without limitation, the Building Act 1975, the 5
Sewerage and Water Supply Act 1949, the Local Government Act 6
1993, the City of Brisbane Act 1924, the City of Brisbane Town 7
Planning Act 1964, the City of Brisbane Town Planning 8
Modification Act 1976, the Local Government (Planning and 9
Environment) Act 1990, the Integrated Planning Act 1997, and 10
the Land Act 1994; and 11
(b) Planning Instrument whether or not made under the legislation 12
specified in paragraph (a); and 13
(c) other statutory provisions regulating the Development of the Site. 14
"Easements" means easements 700603724, 700603750 and 700603774. 15
"Emergency Work" means the Variation Work that is necessary to 16
support, stabilise or secure the Heritage Place. 17
"Emergency Works Notice" means a notice setting out-- 18
(a) the damage that has been caused to the Heritage Place; and 19
(b) the Variation Work that is necessary to repair the Heritage Place 20
so as to-- 21
(i) mitigate the hazards or risks specified in clause 38(a); and 22
(ii) ensure the safety and effective operation of the Brisbane 23
Casino-Hotel Complex. 24
"Fabric" means all the physical material of the Heritage Place. 25
"Former Construction Site" has the meaning given to construction site in 26
the Brisbane Casino Agreement Regulation 1993. 27
"Heritage Legislation" means any legislation of whatsoever nature 28
relating to the Cultural Heritage Significance of a place or an object 29
and includes the Heritage Act. 30
"Heritage Management Plan" means the Heritage Management Plan 31
agreed or approved by the Minister pursuant to clause 33 and includes 32
any amendments to the Heritage Management Plan approved by the 33
Minister. 34
s 12 19 s 12
Brisbane Casino Agreement Amendment Bill 2001
"Heritage Management Principles" means the following principles for 1
the heritage management of the Heritage Places-- 2
(a) The Use of the Heritage Places to house a casino-hotel requires 3
frequent changes to decoration and presentation during the Lease 4
Period. In the long term such changes generally do not harm the 5
Cultural Heritage Significance of the Heritage Places. 6
(b) A clear distinction must be made between the Heritage Places 7
themselves and the casino-hotel and furniture and fitments which 8
are temporary and benign and without Cultural Heritage 9
Significance. 10
(c) The Heritage Places are to be used like a theatre stage, equipped 11
to work and dressed to create the atmosphere required by the 12
casino-hotel function. It is a decision for the Company to decide 13
the style "stage set", to change it from time to time and to make 14
judgements about the taste. 15
(d) The aim is to protect for the future the Fabric of the Heritage 16
Places that is of Cultural Heritage Significance. It is understood 17
that some elements, even though they are of Cultural Heritage 18
Significance, may be hidden from view during the Lease Period. 19
These hidden elements are to be protected from damage. 20
(e) The taste and judgment applied to the temporary decoration and 21
furnishings of areas which are-- 22
(i) not of special Cultural Heritage Significance can be 23
undertaken in most cases as Permitted Variation Work; and 24
(ii) of special Cultural Heritage Significance can be undertaken 25
in most cases with approval for Major Variation Work or 26
Minor Variation Work. 27
"Heritage Place" means the Treasury Building, Land Administration 28
Building, John Oxley Library Building and the Queens Wharf Road 29
Retaining Wall. 30
"Land Act" means the Land Act 1994. 31
"Liquor Act" means the Liquor Act 1992. 32
"Major Park Works" has the meaning given in clause 29. 33
"Major Variation Work" has the meaning given in clause 35. 34
"Material Change of Use" means a change of the Use of the Brisbane 35
Casino-Hotel Complex or the Site. 36
s 12 20 s 12
Brisbane Casino Agreement Amendment Bill 2001
"Materials" means all furniture, fittings, fixtures, statues, ornaments and 1
monuments within or attached to the Buildings, Structures and land 2
comprising the Former Construction Site. 3
"Method Statement" means a written description of the manner in which 4
Variation Work that is likely to be required repeatedly and that has the 5
potential to cause cumulative harm to the Cultural Heritage 6
Significance of the Heritage Place should be carried out. 7
"Minor Park Works" has the meaning given in clause 28. 8
"Minor Variation Work" has the meaning given in clause 34. 9
"Natural Resources Minister" means the Minister responsible for the 10
Land Act. 11
"Park Works" means Works that are carried out in Queens Park. 12
"Park Works Application" means an application to the Minister for 13
approval of Minor Park Works or Major Park Works pursuant to 14
clauses 28 and 29. 15
"Permitted Park Works" has the meaning given in clause 27. 16
"Permitted Variation Work" has the meaning given in clause 36. 17
"Planning Instrument" means any statutory instrument regulating 18
Development. 19
"Prescribed Development Legislation" means the following 20
Development Legislation-- 21
(a) Standard Building Regulation 1993; 22
(b) Standard Water Law; 23
(c) Standard Sewerage Law; 24
(d) Fire and Rescue Authority Act 1990; 25
(e) Workplace Health and Safety Act 1995; and 26
(f) State laws generally applicable to Works. 27
"Prescribed Information" means details of-- 28
(a) the existing condition of that part of the Heritage Place relevant 29
to the application for approval of Major Variation Work; and 30
(b) the history and Development of that part of the Heritage Place 31
relevant to the application for approval of Major Variation Work; 32
and 33
s 12 21 s 12
Brisbane Casino Agreement Amendment Bill 2001
(c) the Cultural Heritage Significance of that part of the Heritage 1
Place relevant to the application for approval of Major Variation 2
Work; and 3
(d) the proposed Major Variation Work; and 4
(e) the likely impact of the proposed Major Variation Work on the 5
Cultural Heritage Significance of that part of the Heritage Place 6
relevant to the application for approval of Major Variation Work. 7
"Prescribed Works" means plumbing work or drainage work as defined in 8
the Integrated Planning Act 1997. 9
"Public Notice" means a notice-- 10
(a) published in-- 11
(i) the gazette; and 12
(ii) a newspaper circulating throughout Queensland; and 13
(iii) a newspaper circulating in the Local Government Area in 14
which the Heritage Place is situated; and 15
(b) containing any details of the proposed Major Variation Work; and 16
(c) inviting written representations from interested members of the 17
public within the Public Notice Period. 18
"Public Notice Period" means the period specified in the Public Notice 19
not exceeding 20 days from the publication of the Public Notice. 20
"Public Official" includes a minister, an officer of the public service and 21
an officer or employee of a Public Sector Entity. 22
"Public Sector Entity" means-- 23
(a) a department or part of a department; or 24
(b) an agency, authority, commission, corporation, instrumentality, 25
office, or other entity, established under an Act for the public or a 26
State purpose. 27
"Public Works Minister" means the Minister of the Crown charged with 28
the construction of Works in respect of land owned by the Crown. 29
"Reconfiguring a Lot" has the meaning given in the Integrated Planning 30
Act 1997. 31
"Regulated Development" means Development other than Prescribed 32
Works. 33
s 12 22 s 12
Brisbane Casino Agreement Amendment Bill 2001
1
Example--
2
Regulated Development means--
3
(a) a Material Change of Use; and
4
(b) Reconfiguring a Lot; and
5
(c) Works other than plumbing work and drainage work.
"Review Act" means the Judicial Review Act 1991. 6
"State law" means a law other than a law made by the Local Government 7
or by the Commonwealth. 8
"State Notice" means the written notice served pursuant to clause 48(a). 9
"Stored Materials" means the Materials removed from the Site to storage. 10
"Structure" has the meaning given in the Integrated Planning Act 1997. 11
"Superfluous Notice" means the written notice served pursuant to 12
clause 49(a). 13
"Use", in relation to the Brisbane Casino-Hotel Complex or the Site, 14
includes any use incidental to and necessarily associated with the use 15
of the Brisbane Casino-Hotel Complex or the Site. 16
"Variation Work" means Works that change the Fabric of a Heritage Place 17
on the Site.'. 18
(3) Clause 1, definition "Approval Share", `and to this Agreement'-- 19
omit. 20
(4) Clause 1, definition "Brief to Applicants", `the First Schedule'-- 21
omit, insert-- 22
`Schedule I'. 23
(5) Clause 1, definition "Casino", from `Complex identified' to 24
`accounting and storage.'-- 25
omit, insert-- 26
`Brisbane Casino-Hotel Complex identified in the Casino Licence.'. 27
(6) Clause 1, definition "Casino Gross Revenue", `Casino'-- 28
omit, insert-- 29
`casino'. 30
(7) Clause 1, definition "Casino Licence", `a licence to be'-- 31
s 12 23 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`the licence dated 11 April 1995'. 2
(8) Clause 1, definition "Construction Site", from `the surrounding 3
area' to `footpaths'-- 4
omit, insert-- 5
`such other land'. 6
(9) Clause 1, definition "Construction Site", `the indicated areas'-- 7
omit, insert-- 8
`the Site'. 9
(10) Clause 1, definition "Construction Site", `and approved'-- 10
omit, insert-- 11
`which has been approved'. 12
(11) Clause 1, definition "Corporations Law", `Section 3'-- 13
omit, insert-- 14
`section 3 (Definitions)'. 15
(12) Clause 1, definition "Decision", ` "Decision" in Part III'-- 16
omit, insert-- 17
` "decision" '. 18
(13) Clause 1, first definition of "Development", from `in Part III' to 19
`meanings given in this Agreement.'-- 20
omit, insert-- 21
`means-- 22
(a) a Material Change of Use; or 23
(b) Works; or 24
(c) Reconfiguring a Lot.'. 25
(14) Clause 1, second definition of "Development"-- 26
omit. 27
(15) Clause 1, definition "External Structure", `structure'-- 28
omit, insert-- 29
`Structure'. 30
s 12 24 s 12
Brisbane Casino Agreement Amendment Bill 2001
(16) Clause 1, definition "Facade", after `for the relevant Special 1
Lease;'-- 2
insert-- 3
`and'. 4
(17) Clause 1, definition "Financial Agreement", `even date'-- 5
omit, insert-- 6
`the date 6 May 1993'. 7
(18) Clause 1, definition "Foundation Agreement", from `, a copy' to 8
`Parliament'-- 9
omit. 10
(19) Clause 1, definition "gaming" or "gambling", `or "gambling" '-- 11
omit. 12
(20) Clause 1, definition "gaming machine", after `chance and skill;'-- 13
insert-- 14
`and'. 15
(21) Clause 1, definition "gaming machine", after `into the device;'-- 16
insert-- 17
`or'. 18
(22) Clause 1, definition "gaming machine", after `gaming machine 19
credits;'-- 20
insert-- 21
`or'. 22
(23) Clause 1, definition "Heritage Archaeologist", from `heritage 23
archaeologist agreed' to `set out in this clause'-- 24
omit, insert-- 25
`person approved by the Minister pursuant to clause 41(e)'. 26
(24) Clause 1, definition "Heritage Architect", from `heritage architect 27
agreed' to `set out in this clause'-- 28
omit, insert-- 29
`person approved by the Minister pursuant to clause 41(d)'. 30
(25) Clause 1, definition "Heritage Council", `of the Heritage Act'-- 31
s 12 25 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`(Establishment of Council) of the Heritage Act'. 2
(26) Clause 1, definition "Heritage Minister", from `of the Crown 3
charged' to `duties of the Heritage Minister'-- 4
omit, insert-- 5
`responsible for the Heritage Act'. 6
(27) Clause 1, definition "Lease Commencement Date", from `in 7
respect of' to `public'-- 8
omit, insert-- 9
`11 April 1995'. 10
(28) Clause 1, definition "Lease Period", `, subject to clause 45, the 11
period'-- 12
omit, insert-- 13
`75 years,'. 14
(29) Clause 1, definition "Lease Period", from `of the final' to `for the 15
Site'-- 16
omit. 17
(30) Clause 1, definition "Local Authority", from ` "Local Authority" 18
means' to `in which the Site is situated.'-- 19
omit, insert-- 20
` "Local Government" means the Brisbane City Council constituted under 21
the City of Brisbane Act 1924 and any local government or joint local 22
government established under the Local Government Act 1993 having 23
jurisdiction in respect of the Local Government Area in which the Site 24
is situated.'. 25
(31) Clause 1, definition "Local Authority Area", `a Local 26
Authority'-- 27
omit, insert-- 28
`the Local Government'. 29
(32) Clause 1, definition "Local Authority Area", `Local Authority 30
outside'-- 31
omit, insert-- 32
s 12 26 s 12
Brisbane Casino Agreement Amendment Bill 2001
`Local Government outside'. 1
(33) Clause 1, definition "Local Authority Area", ` "Local Authority 2
Area" '-- 3
omit, insert-- 4
` "Local Government Area" '. 5
(34) Clause 1, definition "Maintenance Work", from `means work 6
performed' to `or under Part III.'-- 7
omit, insert-- 8
`means Variation Work performed for the purposes of the protective care 9
of the Heritage Place including without limitation, for example, the 10
protective care of the materials, features, contents and setting that 11
comprise-- 12
(a) fences; 13
(b) gardens and grounds; 14
(c) roads and paths; 15
(d) roof and drainage systems; 16
(e) services and utilities; and 17
(f) the Facade. 18
Maintenance Work also includes painting work in a colour that 19
substantially conforms with an existing colour scheme at the Heritage 20
Place or a colour scheme approved under section 37 (Development by the 21
Crown) of the Heritage Act or under Part III.'. 22
(35) Clause 1, definition "Minister", from `The term' to `duties of the 23
Minister.'-- 24
omit. 25
(36) Clause 1, definition "Minor Repair Work", from `means:' to 26
`Casino Control Division.'-- 27
omit, insert-- 28
`means-- 29
(a) Variation Works of a minor nature that involves repairs to the 30
Fabric of the Heritage Place and which-- 31
(i) use the same types of materials and the same construction 32
methods as were originally used on the Heritage Place or 33
s 12 27 s 12
Brisbane Casino Agreement Amendment Bill 2001
which have been approved under section 37 (Development 1
by the Crown) of the Heritage Act or under clause 37; or 2
(ii) are recommended by the Heritage Architect and approved in 3
writing by the Minister having regard to best available 4
information, conservation technology and conservation 5
trade; and 6
(b) other Variation Work which is determined from time to time by 7
the Chief Executive (Gaming Regulation).'. 8
(37) Clause 1, definition "Premium Junket Revenue", `Control Act'-- 9
omit, insert-- 10
`Control Act'. 11
(38) Clause 1, definition "Schematic Design Drawings", from `means' 12
to `provided.'-- 13
omit, insert-- 14
`means-- 15
(a) the Schematic Design Drawings including all plans, drawings, 16
reports or other material relating to the Schematic Design 17
Drawings which were tabled in Parliament; and 18
(b) all variations and additional plans, drawings, reports and other 19
material relating to the Schematic Design Drawings which were 20
approved under the Agreement; and 21
(c) the amended Schematic Design Drawings that are prepared 22
pursuant to clause 21.'. 23
(39) Clause 1, definition "Share Holder", `Articles of Association'-- 24
omit, insert-- 25
`Constitution'. 26
(40) Clause 1, definition "Share Holder", ` "Share Holder" '-- 27
omit, insert-- 28
` "Shareholder" '. 29
(41) Clause 1, definition "Site", from `means' to `Lot 10 on Crown Plan 30
B31753.'-- 31
omit, insert-- 32
s 12 28 s 12
Brisbane Casino Agreement Amendment Bill 2001
`means the area of land described as situated in the County of Stanley, 1
Parish of North Brisbane and consisting of-- 2
· Lot 492 on Crown Plan 855445; 3
· Lot 682 on Crown Plan 855445; 4
· Lot 300 on Crown Plan 866930; 5
· Lot 301 on Crown Plan 866931; 6
· Lot 303 on Crown Plan 866933; 7
· Lot 304 on Crown Plan 866934; 8
· Lot 11 on Crown Plan 866932; and 9
· Lot 10 on Crown Plan B31753.'. 10
(42) Clause 1, definition "Special Facility Licence", from `a special 11
facility licence' to `Eleventh Schedule.'-- 12
omit, insert-- 13
`Special Facility Licence No 45100594.'. 14
(43) Clause 1, definition "Special Lease", from `the lease' to `Seventh 15
Schedule.'-- 16
omit, insert-- 17
`registered lease No 17750245.'. 18
(44) Clause 1, definition "Stop Order", `Minister,'-- 19
omit, insert-- 20
`Minister or'. 21
(45) Clause 1, definition "Stop Order", `or their nominated 22
representatives'-- 23
omit. 24
(46) Clause 1, definition "Works", from `all design' to `the Site.'-- 25
omit, insert-- 26
`building work, operational work, plumbing work and drainage work as 27
defined in the Integrated Planning Act 1997.'. 28
12 Amendment of cl 2 29
Clause 2, `his'-- 30
s 12 29 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`and that person's'. 2
13 Amendment of cl 3 3
(1) Clause 3(a), `Brisbane'-- 4
omit, insert-- 5
`the Local Government Area'. 6
(2) Clause 3(a), `(a)'-- 7
omit. 8
(3) Clause 3(b)-- 9
omit. 10
14 Amendment of cl 4 11
(1) Clause 4, `Act or Acts, regulations, ordinances or by-laws'-- 12
omit, insert-- 13
`primary or subordinate legislation'. 14
(2) Clause 4, from `Act or those Acts' to `regulation, ordinance or 15
by-law'-- 16
omit, insert-- 17
`primary or subordinate legislation'. 18
15 Amendment of cl 5 19
(1) Clause 5, `with the Agreement Act'-- 20
omit, insert-- 21
`with the Agreement Act'. 22
(2) Clause 5, `to the Agreement Act'-- 23
omit, insert-- 24
`to the Agreement Act'. 25
(3) Clause 5, after `section 19'-- 26
s 12 30 s 12
Brisbane Casino Agreement Amendment Bill 2001
insert-- 1
`(Agreement to precede grant of Casino licence)'. 2
16 Replacement of cl 6 3
Clause 6-- 4
omit, insert-- 5
`6. Special Lease. 6
(a) The benefits conferred upon, and the obligations imposed upon, the 7
Company pursuant to this Agreement include those benefits and obligations 8
contained in the Special Lease. 9
(b) In the event of any conflict between this Agreement and the Special 10
Lease, this Agreement shall prevail.'. 11
17 Omission of cl 7 12
Clause 7-- 13
omit. 14
18 Amendment of cl 8 15
(1) Clause 8-- 16
renumber as clause 7. 17
(2) Clause 7, as renumbered, `section 6 of the Agreement Act'-- 18
omit, insert-- 19
`the Agreement Act'. 20
19 Omission of cl 9 21
Clause 9-- 22
omit. 23
20 Amendment of cl 10 24
(1) Clause 10-- 25
s 12 31 s 12
Brisbane Casino Agreement Amendment Bill 2001
renumber as clause 9. 1
(2) Clause 9, as renumbered, `section 5 of the Agreement Act'-- 2
omit, insert-- 3
`section 5 (Agreement has effect as enactment) of the Agreement Act'. 4
(3) Clause 9, as renumbered, `enactment of the Agreement Act'-- 5
omit, insert-- 6
`enactment of the Agreement Act'. 7
21 Amendment of cl 11 8
Clause 11-- 9
renumber as clause 10. 10
22 Amendment of cl 12 11
(1) Clause 12-- 12
renumber as clause 11. 13
(2) Clause 11, as renumbered, `act'-- 14
omit, insert-- 15
`Act'. 16
(3) Clause 11, as renumbered, before `Complex'-- 17
insert-- 18
`Brisbane Casino-Hotel'. 19
(4) Clause 11, as renumbered, `this Agreement in accordance with 20
Section 32 of the Control Act.'-- 21
omit, insert-- 22
`this Agreement, 23
in accordance with section 32 (Mortgage and assignment of casino 24
licence etc.) of the Control Act;'. 25
(5) Clause 11, as renumbered, from `and the Minister shall' to `and in 26
accordance with Section 32 of the Control Act'-- 27
omit. 28
s 12 32 s 12
Brisbane Casino Agreement Amendment Bill 2001
23 Omission of cl 13 1
Clause 13-- 2
omit. 3
24 Amendment of cl 14 4
Clause 14-- 5
renumber as clause 12. 6
25 Amendment of cl 15 7
(1) Clause 15-- 8
renumber as clause 8. 9
(2) Clause 8, as renumbered, `, the Permit to Occupy'-- 10
omit. 11
26 Amendment of pt II hdg 12
Part II, heading, `OF'-- 13
omit, insert-- 14
`AND USE OF BRISBANE CASINO-HOTEL'. 15
27 Omission of cls 1637 16
Clauses 16 to 37-- 17
omit. 18
28 Insertion of new cls 1322 19
Clauses 13 to 22-- 20
insert-- 21
`13. Application of Development Legislation to Brisbane Casino-Hotel 22
Complex and the Site. 23
(a) Any Development Legislation in force in the Local Government Area 24
in which the Brisbane Casino-Hotel Complex and the Site is situated shall 25
s 12 33 s 12
Brisbane Casino Agreement Amendment Bill 2001
not apply to the Development of the Brisbane Casino-Hotel Complex or the 1
Site except to the extent provided for in this Agreement. 2
(b) For the purposes of the Integrated Planning Act 1997, the 3
Development of the Brisbane Casino-Hotel Complex or the Site (other than 4
Prescribed Works) shall be exempt development. 5
`14. Use of Brisbane Casino-Hotel Complex Lawful. 6
(a) The Brisbane Casino-Hotel Complex shall be deemed to be a lawful 7
Use and to be lawfully constructed under any Development Legislation in 8
force in the Local Government Area in which the Brisbane Casino-Hotel 9
Complex and the Site is situated. 10
(b) Any Development Legislation in force in the Local Government Area 11
in which the Brisbane Casino-Hotel Complex and the Site is situated 12
cannot-- 13
(i) stop the Use of the Brisbane Casino-Hotel Complex and the Site 14
from commencing or continuing; or 15
(ii) further regulate the Use of the Brisbane Casino-Hotel Complex 16
and the Site; or 17
(iii) require the Use of the Brisbane Casino-Hotel Complex and the 18
Site to be changed; or 19
(iv) require the Works constructed or effected or to be constructed or 20
effected in respect of the Brisbane Casino-Hotel Complex or the 21
Site in accordance with this Agreement to be altered or removed. 22
(c) The Brisbane Casino-Hotel Complex or the Site cannot be interfered 23
with or interrupted by any Public Sector Entity or any person on the 24
grounds that the Brisbane Casino-Hotel Complex or the Site is contrary to 25
any Development Legislation in force in the Local Government Area in 26
which the Brisbane Casino-Hotel Complex and the Site is situated. 27
(d) All Planning Instruments in force in the Local Government Area in 28
which the Brisbane Casino-Hotel Complex and the Site is situated are 29
deemed to be of no effect to the extent they are inconsistent with this 30
Agreement. 31
`15. Development of the Brisbane Casino-Hotel Complex and the Site. 32
(a) Any Development Legislation in force in the Local Government Area 33
in which the Brisbane Casino-Hotel Complex and the Site is situated-- 34
s 12 34 s 12
Brisbane Casino Agreement Amendment Bill 2001
(i) shall not apply to Development (other than Prescribed Works) in 1
respect of the Brisbane Casino-Hotel Complex or the Site; and 2
(ii) shall apply to the Prescribed Works except to the extent that the 3
Prescribed Works shall only be required to comply with the 4
standards and requirements applicable to Prescribed Works 5
contained in the Prescribed Development Legislation. 6
(b) If the Company proposes to carry out Regulated Development in 7
respect of the Brisbane Casino-Hotel Complex or the Site, the Company 8
must make application to the Minister for approval of the Regulated 9
Development. 10
(c) The Company must make application to the Minister by lodging with 11
the Chief Executive (Gaming Regulation)-- 12
(i) a submission comprising such drawings, reports or other material 13
as is necessary to illustrate the Regulated Development; and 14
(ii) amended Schematic Design Drawings containing particulars of 15
the Regulated Development; and 16
(iii) such other information which may be required by the Chief 17
Executive (Gaming Regulation). 18
(d) The Minister must-- 19
(i) consider the application; and 20
(ii) make a decision in respect of the application in accordance with 21
clause 15(e); and 22
(iii) advise the Company in writing of the decision. 23
(e) The Minister may subject to clause 15(f)-- 24
(i) approve the application in whole or in part unconditionally; or 25
(ii) approve the application in whole or in part subject to conditions; 26
or 27
(iii) refuse the application in whole or in part; or 28
(iv) deal with the application under any combination of 29
clauses 15(e)(i), 15(e)(ii) and 15(e)(iii). 30
(f) The Minister may refuse the Development Application only if in the 31
case of a Regulated Development involving-- 32
(i) a Material Change of Use, the Material Change of Use is-- 33
s 12 35 s 12
Brisbane Casino Agreement Amendment Bill 2001
(A) not of a like nature to the Uses comprising the Brisbane 1
Casino-Hotel Complex; and 2
(B) in the Minister's discretion an undesirable Development of 3
the Site; or 4
(ii) Reconfiguring a Lot, the Reconfiguring a Lot is in the Minister's 5
discretion an undesirable Development of the Site; or 6
(iii) Works-- 7
(A) the Works do not comply with the standards and 8
requirements applicable to Works contained in the 9
Prescribed Development Legislation; and 10
(B) compliance with the standards and requirements applicable 11
to Works contained in the Prescribed Development 12
Legislation cannot be achieved by the imposition of 13
conditions. 14
(g) If Regulated Development involves a Material Change of Use the 15
Company must before carrying out Regulated Development, negotiate with 16
all Public Sector Entities and agree upon, to the satisfaction of the Minister, 17
all matters (including financial contributions) which but for clause 13(a) 18
could have been lawfully required as a condition of the consent, permission 19
or approval of the Public Sector Entities under any Development 20
Legislation with respect to that Regulated Development. 21
(h) If Regulated Development involves Works then in relation to that part 22
of Regulated Development which is Works, the Minister is hereby 23
empowered to authorise, either generally or in a particular case, any person 24
to exercise a power, authority or discretion or to perform a function or duty 25
which is conferred or imposed on the Minister pursuant to clause 15. 26
(i) If Regulated Development involves a Reconfiguration of Lot, then in 27
relation to that part of Regulated Development which is a Reconfiguration 28
of Lot, the Minister shall assess the application as if it were an application 29
for Reconfiguration of Lot under the Land Act. 30
(j) The Company shall, if required by the Chief Executive (Gaming 31
Regulation), within 1 month of 30 June of each year or such longer period 32
approved by the Chief Executive (Gaming Regulation) provide a report to 33
the Chief Executive (Gaming Regulation) of all Uses carried out on the Site 34
or Brisbane Casino-Hotel Complex since the last report. 35
s 12 36 s 12
Brisbane Casino Agreement Amendment Bill 2001
`16. Brisbane Casino-Hotel Complex to Comply. 1
The Brisbane Casino-Hotel Complex must comply with-- 2
(a) a Development Approval including any condition in the 3
Development Approval where the Regulated Development 4
authorised by the Development Approval has been started; and 5
(b) Development Legislation only-- 6
(i) in respect of personal licences that may be required to be 7
held by Development Legislation; and 8
9
Example--
10
The Company must hold if applicable a combustible and flammable
11
liquids licence under the Building (Flammable and Combustible
12
Liquids) Regulation 1994 and an environmental authority under the
13
Environmental Protection Act 1994.
(ii) to the extent that the standards and requirements applicable 14
to Works contained in the Prescribed Development 15
Legislation are complied with (except to the extent they are 16
inconsistent with a Development Approval); and 17
(c) legislation (including subordinate legislation) other than-- 18
(i) Development Legislation; and 19
(ii) legislation specifically excluded by this Agreement. 20
`17. Acknowledgment and Warranties. 21
(a) The State acknowledges that in respect of the Brisbane Casino-Hotel 22
Complex the Company has-- 23
(i) performed at its own cost the Works set out in Part A of 24
Schedule II; and 25
(ii) paid to the Local Government the cost of the Works set out in 26
Part B of Schedule II. 27
(b) Subject to clause 15(g), the parties acknowledge that compliance by 28
the Company with the provisions of clause 16 shall in no manner 29
whatsoever compel or require the Company to carry out any additional 30
Works or to make any financial contributions to any Public Sector Entities 31
in respect of the Use or Development of the Brisbane Hotel-Casino 32
Complex which are in addition to those provided for in clause 17(a). This 33
clause does not affect the rights of a Public Sector Entity to require the 34
payment of-- 35
s 12 37 s 12
Brisbane Casino Agreement Amendment Bill 2001
(i) a levy or charge of general application; or 1
(ii) a fee for a service provided by that Public Sector Entity in 2
relation to Works. 3
`18. Internal Review Procedure--Development Applications. 4
(a) If the Minister does not approve the whole or any part of a 5
Development Application, the Minister must-- 6
(i) issue to the Company a written notice stating-- 7
(A) the grounds upon which the Minister does not approve the 8
whole or such part of the Development Application; and 9
(B) that the Company may make a written, oral or other type of 10
further submission to the Minister including the 11
introduction of such further alternative proposals for 12
consideration by the Minister as the Company deems 13
necessary; and 14
(C) the time (at least 10 days after the notice is issued to the 15
Company) within which the further submission may be 16
made; and 17
(ii) consider any further submission made by the Company within 18
the time stated in the notice (being not more than 20 days after 19
the further submission is made by the Company). 20
(b) After considering any further submission made by the Company, the 21
Minister must within the time stated in the notice issue to the Company-- 22
(i) a written notice stating-- 23
(A) if the Minister does not accept the further submission, that 24
the Company modify its Development Application in such 25
manner as will satisfy the Minister; or 26
(B) if the Minister does accept the further submission, the 27
Minister's approval of the Development Application of the 28
Company in its original form or subject to any modification 29
which the Minister directs; and 30
(ii) in the case of that part of a Development Application a statement 31
of reasons containing-- 32
(A) the reasons for the Minister's decision; and 33
s 12 38 s 12
Brisbane Casino Agreement Amendment Bill 2001
(B) a reference to the evidence or other material on which the 1
reasons were based. 2
(c) In the Minister's consideration of all Development Applications or 3
submissions made pursuant to this clause the Minister must have regard to 4
the general design and planning objectives of the State and the Company 5
contained in the Schematic Design Drawings. 6
`19. Appeal. 7
(a) In this clause-- 8
"Appeal Court" means the Planning and Environment Court established 9
under the Integrated Planning Act 1997. 10
"Reviewed Decision" means a decision made by the Minister pursuant to 11
clause 18(b) in respect of that part of a Development Application 12
involving-- 13
(a) a Material Change of Use, that the Material Change of Use is not 14
of a like nature to the uses comprising the Brisbane Casino-Hotel 15
Complex; or 16
(b) Works. 17
(b) The Company may appeal against a Reviewed Decision within 20 18
days after a notice is issued to the Company pursuant to clause 18(b). 19
(c) An appeal must be started by-- 20
(i) filing a written notice of appeal with the Appeal Court; and 21
(ii) serving a copy of the notice of appeal on the Chief Executive 22
(Gaming Regulation). 23
(d) The Appeal Court may extend the period for appealing. 24
(e) In deciding an appeal, the Appeal Court-- 25
(i) has the same powers as the Minister; and 26
(ii) is not bound by the rules of evidence; and 27
(iii) must comply with natural justice; and 28
(iv) may hear the appeal in court or in chambers. 29
(f) An appeal is by way of hearing. 30
(g) The Appeal Court may-- 31
s 12 39 s 12
Brisbane Casino Agreement Amendment Bill 2001
(i) confirm the Reviewed Decision; or 1
(ii) set aside the Reviewed Decision and return the issue to the 2
Minister with the directions that it considers appropriate; or 3
(iii) substitute another decision for the Reviewed Decision, in which 4
case the substituted decision is, for the purposes of this 5
Agreement, taken to be that of the Minister. 6
`20. Time for Approval. 7
(a) The Minister must, subject to clause 20(b), decide a Development 8
Application within 20 days of the lodgment of the Development 9
Application. 10
(b) If a Development Application relates to Regulated Development 11
comprising Works as well as a Material Change of Use or Reconfiguring a 12
Lot, the Minister must decide that component of the Development 13
Application being-- 14
(i) the Material Change of Use or Reconfiguring a Lot within 20 15
days of the lodgement of the Development Application; and 16
(ii) the Works within 20 days after the approval of the Material 17
Change of Use or Reconfiguring a Lot. 18
(c) The Minister may in the case of a Development Application (other 19
than a Development Application involving only Works) extend the decision 20
making period specified in clause 20(a) and (b) by not more than 20 days 21
by written notice given to the Company before the end of the decision 22
making period. 23
(d) If the Minister at any time during the period specified in clause 20(a) 24
and (b) or as extended by clause 20(c) requests the Company to provide 25
further information relevant to the Development Application, the days 26
between the date that the information is requested and the date that the 27
information is provided, inclusive of both dates, shall not be counted in the 28
period specified in clause 20(a) and (b) or as extended by clause 20(c). 29
(e) If the Minister has not advised the Company of the Minister's 30
decision within the time specified in clause 20(a) and (b) or as extended by 31
clause 20(c)-- 32
(i) that the Development Application has to be resubmitted, giving 33
particular reasons for non-approval; or 34
s 12 40 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) that the Development Application is approved subject to 1
particular conditions being undertaken; or 2
(iii) that a notice pursuant to clause 18(a) has already been issued 3
covering the topic of the Development Application; or 4
(iv) that a notice pursuant to clause 18(a) is hereby issued; 5
then the Company may at its discretion advise that deemed approval will be 6
in effect by formally advising the Minister. 7
(f) If no written response as required herein has been received within 2 8
days of the Company's notice being served, the Minister's approval is 9
deemed to be in effect and the Company may proceed with the Regulated 10
Development for which approval was sought. 11
`21. Schematic Design Drawings. 12
If Development involving Works is commenced on the Site or the 13
Brisbane Casino-Hotel Complex, the Company shall, as soon as is 14
reasonably practicable, upon the completion of those Works submit to the 15
Chief Executive (Gaming Regulation) amended Schematic Design 16
Drawings that incorporate the Works. 17
`22. Casino to Comply. 18
The Company shall ensure that all materials, fittings and equipment 19
utilised in operation of the Casino shall be of a high standard of 20
manufacture and of a quality commensurate with an international class 21
casino-hotel.'. 22
29 Amendment of cl 38 23
(1) Clause 38-- 24
renumber as clause 23. 25
(2) Clauses 23(a) and (b), as renumbered-- 26
omit. 27
(3) Clause 23, as renumbered, `(c) Any easement granted pursuant to this 28
clause'-- 29
omit, insert-- 30
`(a) The State granted the Easements to the Company. 31
s 12 41 s 12
Brisbane Casino Agreement Amendment Bill 2001
(b) The Easements'. 1
(4) Clause 23, as renumbered, `any Special Lease granted pursuant to 2
this Agreement'-- 3
omit, insert-- 4
`the Special Lease'. 5
(5) Clause 23, as renumbered, `clause 29.(a)'-- 6
omit, insert-- 7
`clause 29(a)'. 8
30 Omission of cls 39 and 40 9
Clauses 39 and 40-- 10
omit. 11
31 Amendment of cl 40A 12
(1) Clause 40A-- 13
renumber as clause 24. 14
(2) Clause 24, as renumbered, heading-- 15
omit, insert-- 16
`Special Lease.'. 17
(3) Clause 24, as renumbered, before `In determining the obligations'-- 18
insert-- 19
`(a) The State granted the Special Lease to the Company. 20
(b)'. 21
(4) Clause 24, as renumbered, after `Company in respect of the'-- 22
insert-- 23
`Brisbane Casino-Hotel'. 24
(5) Clause 24, as renumbered, after `Works in respect of the'-- 25
insert-- 26
`Brisbane Casino-Hotel'. 27
s 12 42 s 12
Brisbane Casino Agreement Amendment Bill 2001
(6) Clause 24, as renumbered, `further development of the'-- 1
omit, insert-- 2
`Development of the Brisbane Casino-Hotel'. 3
(7) Clause 24, as renumbered, `clause 42'-- 4
omit, insert-- 5
`clause 15'. 6
(8) Clause 24, as renumbered, after `condition of the'-- 7
insert-- 8
`Brisbane Casino-Hotel'. 9
(9) Clause 24, as renumbered, after `relevant part of the'-- 10
insert-- 11
`Brisbane Casino-Hotel'. 12
32 Omission of cls 4143 13
Clauses 41 to 43-- 14
omit. 15
33 Amendment of cl 44 16
(1) Clause 44-- 17
renumber as clause 25. 18
(2) Clause 25(d), (e) and (f), as renumbered-- 19
omit. 20
(3) Clause 25(a), (b) and (c), as renumbered-- 21
renumber as clause 25(b), (c) and (e) respectively. 22
(4) Clause 25, as renumbered, heading-- 23
omit, insert-- 24
`Acknowledgments and Warranties in respect of Queens Park.'. 25
(5) Clause 25, as renumbered, before clause 25(b)-- 26
insert-- 27
s 12 43 s 12
Brisbane Casino Agreement Amendment Bill 2001
`(a) For the purposes of clarity the parties acknowledge that-- 1
(i) Queens Park and Queens Park Car Park are not Heritage Places 2
for the purposes of this Agreement and as such are not subject to 3
Part III of this Agreement; and 4
(ii) Queens Park is a registered place as that term is defined in 5
Section 4 (Definitions) of the Heritage Act; and'. 6
(6) Clause 25(b), as renumbered, from `forms an integral' to 7
`development of the Site'-- 8
omit, insert-- 9
`is integrally associated with the Brisbane Casino-Hotel Complex'. 10
(7) Clause 25(c), as renumbered, from `From the Lease' to `Carpark 11
the'-- 12
omit, insert-- 13
`(d) The'. 14
(8) Clause 25(e), as renumbered, `clauses 5.(a), 5.(c) and 5.(e)'-- 15
omit, insert-- 16
`clauses 5(a), 5(c) and 5(e)'. 17
(9) Clause 25(e), as renumbered, `relating to Queens Park Carpark'-- 18
omit. 19
(10) Clause 25(e), as renumbered, `structures'-- 20
omit, insert-- 21
`Structures'. 22
34 Insertion of new cls 2630 23
Clauses 26 to 30-- 24
insert-- 25
`26. Application of Development Legislation and Heritage Legislation 26
to Queens Park. 27
Any Development Legislation and Heritage Legislation in force in the 28
Local Government Area in which Queens Park is situated shall not apply 29
to-- 30
s 12 44 s 12
Brisbane Casino Agreement Amendment Bill 2001
(a) Permitted Park Works; or 1
(b) Minor Park Works except to the extent provided for in clause 28. 2
`27. Permitted Park Works in Queens Park. 3
(a) In this clause-- 4
"Emergency Works" means Park Works that are in the reasonable opinion 5
of the Company required to be carried out urgently to deal with any 6
emergency on or immediately adjacent to the Site. 7
"Park Maintenance Works" means the Park Works that are required to be 8
carried out by the Company to comply with clause 25(e). 9
"Permitted Park Works" means Park Works that are-- 10
(i) Park Maintenance Works; or 11
(ii) Minor Park Works that are determined by the Minister to be 12
Permitted Park Works; or 13
(iii) Emergency Works. 14
(b) During the Lease Period, the Company may carry out Permitted Park 15
Works without an approval under any Development Legislation or Heritage 16
Legislation. 17
(c) If the Company is carrying out-- 18
(i) Emergency Works, the Company shall-- 19
(A) only carry out such Park Works as is reasonably necessary 20
to remedy the emergency; and 21
(B) not cause or allow any nuisance or any hindrance to the 22
rights of the State or any other person except in so far as is 23
reasonably necessary to carry out the Emergency Work; or 24
(ii) Park Maintenance Works, the Company shall not unduly hinder 25
or restrict access to the public to Queens Park or any part thereof; 26
or 27
(iii) Minor Park Works that have been determined by the Minister to 28
be Permitted Park Works, the Company shall not unduly hinder 29
or restrict access to the public to Queens Park or any part thereof 30
beyond that which is reasonably necessary to carry out the Park 31
Works. 32
(d) The Company shall-- 33
s 12 45 s 12
Brisbane Casino Agreement Amendment Bill 2001
(i) if required by the Chief Executive (Gaming Regulation) within 1
1 month of 30 June of each year or such longer period approved 2
by the Chief Executive (Gaming Regulation) provide a report to 3
the Chief Executive (Gaming Regulation) of the Park 4
Maintenance Works carried out since the previous report; and 5
(ii) as soon as is reasonably practicable after carrying out Emergency 6
Works give written notice of the Permitted Park Works that were 7
carried out to the Chief Executive (Gaming Regulation). 8
`28. Minor Park Works in Queens Park. 9
(a) In this clause-- 10
"Minor Park Works" means Park Works that are required for the 11
maintenance, repair or operation of the Brisbane Casino-Hotel 12
Complex. 13
(b) Subject to clause 28(c), during the Lease Period, the Company may 14
carry out Minor Park Works without an approval under any Development 15
Legislation or Heritage Legislation. 16
(c) During the Lease Period, the Company must not carry out Minor 17
Park Works without the approval of the Minister pursuant to clause 28. 18
(d) If the Company proposes to carry out Minor Park Works, the 19
Company must make application to the Minister for approval of Minor 20
Park Works. 21
(e) The Company must make application to the Minister by lodging with 22
the Chief Executive (Gaming Regulation) a submission comprising such 23
drawings, reports or other material as is necessary to illustrate the Minor 24
Park Works. 25
(f) The Company must within 5 days after the lodgement of the 26
application pursuant to clause 28(e), give a copy of the application to the 27
Chief Executive (Natural Resources and Mines) and the Chief Executive 28
(Public Works). 29
(g) The Minister must within 20 days of the lodgement of the application 30
pursuant to clause 28(e)-- 31
(i) consider the application and the recommendations (if any) of the 32
Chief Executive (Natural Resources and Mines) and Chief 33
Executive (Public Works); and 34
s 12 46 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) make a decision in respect of the application in accordance with 1
clause 28(h); and 2
(iii) advise the Company in writing of the decision. 3
(h) The Minister may subject to clause 28(i)-- 4
(i) approve the application in whole or in part unconditionally; and 5
(ii) approve the application in whole or in part subject to conditions; 6
or 7
(iii) refuse the application in whole or in part; or 8
(iv) deal with the application under any combination of 9
clauses 28(h)(i), 28(h)(ii) and 28(h)(iii). 10
(i) The Minister may refuse the application only if-- 11
(i) the Minor Park Works do not comply with the standards and 12
requirements applicable to Works contained in the Prescribed 13
Development Legislation; and 14
(ii) compliance with the standards and requirements applicable to 15
Works contained in the Prescribed Development Legislation 16
cannot be achieved by the imposition of conditions. 17
(j) If the Company is dissatisfied with the Minister's decision under 18
clause 28(h), the Company may seek a review of the decision in accordance 19
with clause 30. 20
`29. Major Park Works in Queens Park. 21
(a) In this clause-- 22
"Major Park Works" means Park Works other than Permitted Park Works 23
and Minor Park Works. 24
(b) During the Lease Period, the Company must not carry out Major 25
Park Works without-- 26
(i) the approval of the Minister pursuant to clause 29; and 27
(ii) the approvals required from all Public Sector Entities under any 28
Development Legislation. 29
(c) If the Company proposes to carry out Major Park Works, the 30
Company must make application to the Minister for approval of Major Park 31
Works. 32
s 12 47 s 12
Brisbane Casino Agreement Amendment Bill 2001
(d) The Company must make application to the Minister by lodging with 1
the Chief Executive (Gaming Regulation) a submission comprising such 2
drawings, reports or other material as is necessary to illustrate the Major 3
Park Works. 4
(e) The Minister must within 20 days of the lodgement of the application 5
pursuant to clause 29(d)-- 6
(i) consider the application; and 7
(ii) make a decision in respect of the application in accordance with 8
clause 29(f); and 9
(iii) advise the Company in writing of the decision. 10
(f) The Minister may-- 11
(i) approve the application in whole or in part unconditionally; or 12
(ii) approve the application in whole or in part subject to conditions; 13
or 14
(iii) refuse the application in whole or in part; or 15
(iv) deal with the application under any combination of 16
clauses 29(f)(i), 29(f)(ii) and 29(f)(iii). 17
(g) The Minister may extend the decision making period specified in 18
clause 29(e) by not more than 20 days by written notice to the Company 19
before the end of the decision making period. 20
(h) If the Company is dissatisfied with the Minister's decision under 21
clause 29(f), the Company may seek a review of the decision in accordance 22
with clause 30. 23
`30. Internal Review Procedure--Park Works Application. 24
(a) If the Minister does not approve the whole or part of a Park Works 25
Application, the Minister must-- 26
(i) issue to the Company a written notice stating-- 27
(A) the grounds upon which the Minister does not approve the 28
whole or such part of the Park Works Application; and 29
(B) that the Company may make a written, oral or other type of 30
further submission to the Minister including the 31
introduction of such further alternative proposals for 32
s 12 48 s 12
Brisbane Casino Agreement Amendment Bill 2001
consideration by the Minister as the Company deems 1
necessary; and 2
(C) the time (at least 10 days after the notice is issued to the 3
Company) within which the further submission may be 4
made; and 5
(ii) consider any further submission made by the Company within 6
the time stated in the notice (being not more than 10 days after 7
the further submission is made by the Company). 8
(b) After considering any further submission made by the Company the 9
Minister must within the time stated in the notice issue to the Company-- 10
(i) if the Minister does not accept the further submission--a written 11
notice directing that the Company modify its Park Works 12
Application in such manner as will satisfy the Minister; or 13
(ii) if the Minister does accept the further submission--a written 14
notice stating the Minister's approval of the Park Works 15
Application of the Company in its original form or subject to any 16
modification which the Minister directs. 17
(c) In the Minister's consideration of all Park Works Applications or 18
submissions made pursuant to this clause the Minister must have regard 19
to-- 20
(i) the 1992 Conservation Study to the extent that it is relevant to 21
Queens Park; and 22
(ii) the 1995 Conservation Report to the extent that it is relevant to 23
Queens Park.'. 24
35 Omission of cls 4553 25
Clauses 45 to 53-- 26
omit. 27
36 Insertion of new cls 3140 28
Clauses 31 to 40-- 29
insert-- 30
s 12 49 s 12
Brisbane Casino Agreement Amendment Bill 2001
`31. Application of Heritage Legislation to Brisbane Casino-Hotel 1
Complex and the Site. 2
(a) During the Lease Period, Heritage Legislation shall not apply to the 3
Brisbane Casino-Hotel Complex and the Site and this Part III shall apply in 4
lieu thereof; 5
(b) The Heritage Council shall be deemed to have all the powers that are 6
necessary to perform any functions imposed on it pursuant to this 7
Agreement. 8
`32. Heritage Management Principles. 9
During the Lease Period, the parties shall exercise their rights and 10
perform their obligations having regard to the Heritage Management 11
Principles. 12
`33. Heritage Management Plan. 13
(a) The Heritage Management Plan has been agreed by the Minister and 14
the Company. 15
(b) If the Company wishes to amend the Heritage Management Plan the 16
Company must make application to the Minister to amend the Heritage 17
Management Plan in accordance with the provisions of clause 35 as if the 18
application for amendment of the Heritage Management Plan were an 19
application for approval of Major Variation Work. 20
(c) The Minister may amend the Heritage Management Plan by 21
publishing a Decision Notice if-- 22
(i) the Company and the Minister have consulted in good faith; and 23
(ii) the amendment to the Heritage Management Plan is consistent 24
with the Heritage Management Principles; and 25
(iii) the parties have agreed in writing to the amendments. 26
(d) The Minister may suspend the Heritage Management Plan from 27
applying to the Brisbane Casino-Hotel Complex and the Site by publishing 28
a Decision Notice if the Minister is unable to amend the Heritage 29
Management Plan pursuant to clause 33(c). 30
(e) If the Minister is satisfied it is necessary to suspend a Heritage 31
Management Plan, the Minister must-- 32
(i) give the Company a written notice stating-- 33
s 12 50 s 12
Brisbane Casino Agreement Amendment Bill 2001
(A) the reasons for the proposed suspension; and 1
(B) that the Company may make written representations to the 2
Minister about the suspension; and 3
(C) the time (at least 15 days after the notice is given to the 4
Company) within which written representations may be 5
made; and 6
(ii) consider any written representations made by the Company 7
within the time stated in the notice. 8
(f) After considering any written representations made by the Company 9
the Minister must give to the Company-- 10
(i) if the Minister is not satisfied that the suspension is necessary--a 11
written notice stating that the Minister has decided not to 12
suspend the Heritage Management Plan; or 13
(ii) if the Minister is satisfied that the suspension is necessary--a 14
written notice stating that the Minister has decided to suspend the 15
Heritage Management Plan. 16
(g) The suspension of the Heritage Management Plan takes effect from 17
the day the written notice was given to the Company. 18
(h) If the Minister has suspended the Heritage Management Plan from 19
applying to the Brisbane Casino-Hotel Complex or the Site the Minister 20
may cancel the suspension at any time. 21
(i) The Company may at any time make application to the Minister for 22
approval of the Heritage Management Plan in accordance with the 23
provisions of clause 35 for approval of a Heritage Management Plan as if 24
the application were an application for approval of Major Variation Work. 25
(j) The Chief Executive (Gaming Regulation) must hold the original or 26
certified copy of each of the following-- 27
(i) any Heritage Management Plan that has been agreed or approved 28
pursuant to clause 33(a) or 33(i); and 29
(ii) each amendment to the Heritage Management Plan and the 30
corresponding Decision Notice that has been made pursuant to 31
clauses 33(b) and 33(c); and 32
(iii) any Heritage Management Plan that has been suspended and the 33
corresponding Decision Notice pursuant to clause 33(d); and 34
(iv) a consolidated Heritage Management Plan incorporating the 35
Heritage Management Plan and all amendments. 36
s 12 51 s 12
Brisbane Casino Agreement Amendment Bill 2001
`34. Minor Variation Work. 1
(a) In this clause-- 2
"Minor Variation Work" means-- 3
(i) the approval of a Method Statement in respect of Minor Variation 4
Work for the purposes of clause 37; and 5
(ii) if a Heritage Management Plan does apply to the Brisbane 6
Casino-Hotel Complex and the Site, the Variation Work specified 7
as Minor Variation Work in the Heritage Management Plan; and 8
(iii) if a Heritage Management Plan does not apply to the Brisbane 9
Casino-Hotel Complex and the Site due to its suspension 10
pursuant to clause 33(d), the Variation Work-- 11
(A) involving refurbishment of the Brisbane Casino-Hotel 12
Complex which, in the opinion of the Minister, does not 13
substantially reduce the Cultural Heritage Significance of 14
the Heritage Place; or 15
(B) relating to Casino operation and surveillance or to security; 16
or 17
(C) involving installation in the Brisbane Casino-Hotel 18
Complex of security systems, surveillance or computer 19
systems and cabling; or 20
(D) other than the Variation Work specified in 21
clauses 34(a)(iii)(A), 34(a)(iii)(B) or 34(a)(iii)(C) which-- 22
(1) in the opinion of the Minister is minor in nature; or 23
(2) does not substantially reduce the Cultural Heritage 24
Significance of the Heritage Place. 25
(b) During the Lease Period, the Company must not carry out Minor 26
Variation Work without the approval of the Minister pursuant to clause 34. 27
(c) If the Company proposes to carry out Minor Variation Work, the 28
Company must make application to the Minister for approval of Minor 29
Variation Work. 30
(d) The Company must make application to the Minister by lodging with 31
the Chief Executive (Gaming Regulation), a submission comprising such 32
drawings, reports or other material as is necessary to illustrate the proposed 33
Minor Variation Work. 34
s 12 52 s 12
Brisbane Casino Agreement Amendment Bill 2001
(e) The Company must within 5 days after the lodgment of the 1
application pursuant to clause 34(d), give a copy of the application to the 2
Chief Executive (Heritage). 3
(f) The Chief Executive (Heritage) must within 10 days of the receipt of 4
the copy of the application pursuant to clause 34(e)-- 5
(i) consider the application; and 6
(ii) recommend to the Minister that the proposed Minor Variation 7
Work should be carried out, carried out subject to specified 8
conditions or modifications or not be carried out; and 9
(iii) forward its recommendation to the Chief Executive (Gaming 10
Regulation). 11
(g) If the Chief Executive (Heritage) does not give its recommendation 12
to the Chief Executive (Gaming Regulation) within the period prescribed in 13
clause 34(f), the Chief Executive (Heritage) shall be deemed to have 14
recommended the approval of the application without conditions or 15
modifications. 16
(h) The Minister must within 20 days of the lodgement of the application 17
pursuant to clause 34(d)-- 18
(i) consider the application and the recommendations (if any) of the 19
Chief Executive (Heritage) and Chief Executive (Gaming 20
Regulation); and 21
(ii) make a decision in respect of the application in accordance with 22
clause 34(i); and 23
(iii) advise the Company in writing of the decision. 24
(i) The Minister may-- 25
(i) approve the application in whole or in part unconditionally; or 26
(ii) approve the application in whole or in part subject to conditions; 27
or 28
(iii) refuse the application in whole or in part; or 29
(iv) deal with the application under any combination of 30
clauses 34(i)(i), 34(i)(ii) and 34(i)(iii). 31
(j) If the Company is dissatisfied with the Minister's decision under 32
clause 34(i) then it may-- 33
(i) elect to have the Minor Variation Work treated as Major Variation 34
Work for the purpose of this Part III; and 35
s 12 53 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) make whatever application and seek whatever approval would be 1
required for Major Variation Work. 2
(k) The Minister may extend the decision making period specified in 3
clause 34(h) by not more than 20 days by written notice given to the 4
Company before the end of the decision making period. 5
`35. Major Variation Work. 6
(a) In this clause-- 7
"Major Variation Work" means-- 8
(i) the approval of a Method Statement in respect of Major Variation 9
Work for the purposes of clause 37; and 10
(ii) the approval or amendment of a Heritage Management Plan for 11
the purposes of clause 33; and 12
(iii) if a Heritage Management Plan does apply to the Brisbane 13
Casino-Hotel Complex and the Site, the Variation Work specified 14
as Major Variation Work in the Heritage Management Plan; and 15
(iv) if a Heritage Management Plan does not apply to the Brisbane 16
Casino-Hotel Complex and the Site due to its suspension 17
pursuant to clause 33(d), the Variation Work which is not 18
Permitted Variation Work or Minor Variation Work. 19
(b) During the Lease Period, the Company must not carry out Major 20
Variation Work without the approval of the Minister pursuant to clause 35. 21
(c) If the Company proposes to carry out Major Variation Work, the 22
Company must make application to the Minister for approval of Major 23
Variation Work. 24
(d) The Company must prior to lodging an application pursuant to 25
clause 35(e), consult with-- 26
(i) the Chief Executive (Gaming Regulation) in relation to all 27
operational matters relating to the Brisbane Casino-Hotel 28
Complex; and 29
(ii) the Chief Executive (Public Works) in relation to Works matters; 30
and 31
(iii) the Chief Executive (Heritage) in relation to matters of Cultural 32
Heritage Significance; and 33
s 12 54 s 12
Brisbane Casino Agreement Amendment Bill 2001
(iv) such other Public Sector Entities as may be nominated by the 1
persons referred to in clauses 35(d)(i), 35(d)(ii) or 35(d)(iii). 2
(e) The Company must make application to the Minister by lodging with 3
the Chief Executive (Gaming Regulation)-- 4
(i) a submission comprising such drawings, reports or other material 5
as is necessary to illustrate the Major Variation Work; and 6
(ii) the Prescribed Information; and 7
(iii) such other information which may be required by the persons 8
referred to in clauses 35(d)(i), 35(d)(ii) or 35(d)(iii). 9
(f) The Company must within 5 days after the lodgment of the 10
application pursuant to clause 35(e) give a copy of the application to-- 11
(i) the Heritage Council by providing a copy of the application to 12
the Chief Executive (Heritage); and 13
(ii) the Chief Executive (Public Works). 14
(g) The Heritage Council or a person authorised by the Heritage Council 15
must as soon as practicable after the receipt of the application-- 16
(i) decide whether to publish a Public Notice; and 17
(ii) publish the Public Notice if it so decides pursuant to 18
clause 35(g)(i). 19
(h) The Heritage Council must as soon as is reasonably practicable after 20
the Decision Date-- 21
(i) consider the application and any written representations made in 22
respect of the Public Notice published pursuant to 23
clause 35(g)(ii); and 24
(ii) recommend to the Minister that the proposed Major Variation 25
Work should be carried out, carried out subject to specified 26
conditions or modifications or not be carried out; and 27
(iii) forward its recommendation to the Minister. 28
(i) The Chief Executive (Gaming Regulation) and the Chief Executive 29
(Public Works) may as soon as is reasonably practicable after the receipt of 30
the application-- 31
(i) consider the application; and 32
s 12 55 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) recommend to the Minister that the proposed Major Variation 1
Work should be carried out, carried out subject to specified 2
conditions or modifications or not be carried out; and 3
(iii) forward their recommendations to the Minister. 4
(j) The Minister must as soon as practicable after receiving the 5
recommendation of the Heritage Council-- 6
(i) consider the application, the Heritage Council's recommendation 7
and the recommendations (if any) of the Chief Executive (Public 8
Works) and the Chief Executive (Gaming Regulation); and 9
(ii) make a decision in respect of the application in accordance with 10
clause 35(k); and 11
(iii) advise the Company in writing of the decision. 12
(k) The Minister may-- 13
(i) approve the application in whole or in part unconditionally; or 14
(ii) approve the application in whole or in part subject to conditions; 15
or 16
(iii) refuse the application in whole or in part; or 17
(iv) deal with the application under any combination of 18
clauses 35(k)(i), 35(k)(ii) and 35(k)(iii). 19
(l) The Minister must publish a Decision Notice as soon as practicable 20
after making the decision in respect of the application in accordance with 21
clause 35(k). 22
(m) Where the proposed major variation work has been approved by the 23
Minister in accordance with clause 35(k), the Company may carry out the 24
Major Variation Work prior to the Minister publishing a Decision Notice in 25
accordance with clause 35(l). 26
`36. Permitted Variation Work. 27
(a) In this clause-- 28
"Permitted Variation Work" means-- 29
(i) Variation Work which-- 30
(A) involves a change to the content of a sign or banner in or on 31
a Heritage Place; or 32
s 12 56 s 12
Brisbane Casino Agreement Amendment Bill 2001
(B) is carried out in accordance with a Method Statement 1
approved pursuant to clause 34 or clause 35; or 2
(C) is Emergency Work and which is carried out in accordance 3
with clause 38(a); or 4
(D) is specified in an Emergency Works Notice and which is 5
carried out in accordance with clause 38(e); and 6
(ii) if a Heritage Management Plan does apply to the Brisbane 7
Casino-Hotel Complex and the Site, Variation Work specified as 8
Permitted Variation Work in the Heritage Management Plan; and 9
(iii) if a Heritage Management Plan does not apply to the Brisbane 10
Casino-Hotel Complex and the Site due to its suspension 11
pursuant to clause 33(d)-- 12
(A) Maintenance Work; or 13
(B) Minor Repair Work; or 14
(C) Variation Work (other than Minor Repair Work) that 15
involves the replacement of small items, for example, door 16
or window furniture, or the laying of new carpet, that-- 17
(1) will cause no detriment to the Cultural Heritage 18
Significance of the Heritage Place; and 19
(2) is not of significant scale; and 20
(3) is reversible; or 21
(D) Variation Work that is to be wholly undertaken in the 22
basements of the Treasury Building and Land 23
Administration Building in respect of the kitchens, laundry 24
areas, plant rooms, service entrances and back of house 25
areas and plant and equipment installations of the Brisbane 26
Casino-Hotel Complex which do not involve the removal of 27
Fabric; or 28
(E) Variation Work that involves variations to the furniture and 29
furnishings in the Brisbane Casino-Hotel Complex. 30
(b) During the Lease Period, the Company may carry out Permitted 31
Variation Work without an approval under this Part III. 32
(c) The Company shall within 1 month of 30 June of each year or such 33
longer period approved by the Chief Executive (Gaming Regulation) 34
provide a report to the Chief Executive (Gaming Regulation) of all 35
Permitted Variation Work carried out since the previous report. 36
s 12 57 s 12
Brisbane Casino Agreement Amendment Bill 2001
`37. Approval of Method Statement. 1
(a) If the Company wishes to have a Method Statement approved by the 2
Minister, the Company must make application to the Minister for approval 3
of a Method Statement in respect of-- 4
(i) Minor Variation Work in accordance with the provisions of 5
clause 34 as if the application for approval of the Method 6
Statement were an application for approval of Minor Variation 7
Work; or 8
(ii) Major Variation Work in accordance with the provisions of 9
clause 35 as if the application for approval of the Method 10
Statement were an application for approval of Major Variation 11
Work. 12
(b) The Chief Executive (Gaming Regulation) must maintain at no cost 13
to the Company a Register of approved Method Statements that contains-- 14
(i) all approved Method Statements; and 15
(ii) details of the date of approval of the approved Method 16
Statements; and 17
(iii) such other matters as the Chief Executive (Gaming Regulation) 18
considers appropriate. 19
`38. Emergency Work. 20
(a) The Company may carry out Emergency Work without obtaining any 21
approval under this Part III where-- 22
(i) the Fabric of the Heritage Place is damaged causing-- 23
(A) a hazard or a risk of a hazard to human health or safety; or 24
(B) a risk of further damage to the Heritage Place; or 25
(ii) directed by an officer authorised by the Chief Executive of the 26
department which administers the Fire and Rescue Authority 27
Act 1990. 28
(b) The Company must as soon as is reasonably practicable after starting 29
the Emergency Work in accordance with clause 38(a) give written notice of 30
the Emergency Work to-- 31
(i) the Chief Executive (Gaming Regulation); and 32
(ii) the Chief Executive (Heritage); and 33
s 12 58 s 12
Brisbane Casino Agreement Amendment Bill 2001
(iii) the Chief Executive (Public Works). 1
(c) The Company must as soon as is reasonably practicable after 2
carrying out the Emergency Work in accordance with clause 38(a)-- 3
(i) give written notice of the Emergency Work that was carried out 4
to the persons specified in clause 38(b); and 5
(ii) determine the Variation Work that is necessary to repair the 6
Heritage Place; and 7
(iii) give an Emergency Works Notice to the Chief Executive 8
(Gaming Regulation) and a copy of the Emergency Works Notice 9
to the Chief Executive (Heritage) and the Chief Executive 10
(Public Works). 11
(d) The Minister must as soon as is reasonably practicable after the 12
receipt of the Emergency Works Notice-- 13
(i) consider the Emergency Works Notice; and 14
(ii) consult with the Chief Executive (Heritage) and the Chief 15
Executive (Public Works); and 16
(iii) determine whether the Variation Work specified in the 17
Emergency Works Notice should be carried out, carried out 18
subject to specified conditions or modifications or not be carried 19
out; and 20
(iv) advise the Company in writing of the decision. 21
(e) The Company may carry out the Variation Works that is approved by 22
the Minister pursuant to clause 38(d) without any other approval under this 23
Part III. 24
(f) If the Company is dissatisfied with the decision of the Minister under 25
clause 38(d) then it may make application to the Minister for approval of 26
the Variation Work as Minor Variation Work under clause 34 or Major 27
Variation Work under clause 35. 28
`39. Decision or Opinion. 29
(a) A decision made or an opinion formed under this Part III, in respect 30
of-- 31
(i) the suspension, approval or amendment of a Heritage 32
Management Plan pursuant to clause 33, must be consistent with 33
the Heritage Management Principles; and 34
s 12 59 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) a matter not referred to in clause 39(a)(i), must be consistent 1
with-- 2
(A) if a Heritage Management Plan does apply to the Brisbane 3
Casino-Hotel Complex and the Site, the Heritage 4
Management Plan; and 5
(B) if a Heritage Management Plan does not apply to the 6
Brisbane Casino-Hotel Complex and the Site due to its 7
suspension pursuant to clause 33(d)-- 8
(1) the Heritage Management Principles; and 9
(2) the 1992 Conservation Study to the extent that it is not 10
inconsistent with the Heritage Management Principles; 11
and 12
(3) the 1995 Conservation Report to the extent that it is not 13
inconsistent with the Heritage Management Principles. 14
(b) The Minister must provide in respect of any decision or when 15
forming an opinion under this Part III, a statement of reasons containing-- 16
(i) the reasons for the decision or forming the opinion; and 17
(ii) a reference to the evidence or other material on which the reasons 18
were based. 19
`40. Other Requirements. 20
(a) All Variation Work must be carried out in accordance with the 21
requirements of all Public Sector Entities in respect of the carrying out of 22
Variation Work except where otherwise provided for in this Agreement. 23
(b) If there is any inconsistency between the requirements of the 24
Minister under this Part III and the requirements of any Public Sector 25
Entity for carrying out Variation Work, the requirements of the Minister 26
may notwithstanding any other Act, at the Minister's discretion expressly 27
override the requirements of any Public Sector Entity to the extent of such 28
inconsistency. 29
30
Example--
31
If a development approval granted by the Local Government in respect of plumbing
32
work or drainage work involves Variation Work that conflicts with an approval granted
33
by the Minister under Part III the Minister may override the requirements of the Local
34
Government.'.
s 12 60 s 12
Brisbane Casino Agreement Amendment Bill 2001
37 Amendment of cl 54 1
(1) Clause 54-- 2
renumber as clause 41. 3
(2) Clause 41(a), as renumbered, from `throughout' to `construction of 4
the Site'-- 5
omit. 6
(3) Clause 41(a), as renumbered, `cultural heritage significance of the 7
Registered Place'-- 8
omit, insert-- 9
`Cultural Heritage Significance of the Heritage Place'. 10
(4) Clause 41(b), as renumbered, `Registered Place'-- 11
omit, insert-- 12
`Heritage Place'. 13
(5) After clause 41(c), as renumbered-- 14
insert-- 15
`(d) The Heritage Architect shall be agreed between the Company and 16
the Minister and failing agreement the Heritage Architect shall be a person 17
nominated by the Company and approved in writing by the Minister whose 18
approval shall not be unreasonably withheld where the person nominated 19
by the Company is an architect of at least 5 years best conservation practice 20
experience in the restoration, renovation, repair and maintenance of 21
heritage buildings utilised for a commercial purpose. 22
(e) The Heritage Archaeologist shall be agreed between the Minister and 23
the Company and failing agreement the heritage archaeologist shall be a 24
person nominated by the Company and approved in writing by the Minister 25
whose approval shall not be unreasonably withheld where the person 26
nominated by the Company is an archaeologist of at least 5 years 27
experience in the investigation and recording of heritage sites and 28
buildings. 29
(f) The Company may serve a notice on the Minister that the Company 30
wishes to appoint a new Heritage Architect or a new Heritage 31
Archaeologist in which case a new Heritage Architect or a new Heritage 32
Archaeologist must be approved in accordance with clauses 41(d) 33
and 41(e).'. 34
s 12 61 s 12
Brisbane Casino Agreement Amendment Bill 2001
38 Amendment of cl 55 1
(1) Clause 55-- 2
renumber as clause 42. 3
(2) Clause 42, as renumbered, from `(a) If during the Construction 4
Period,' to `(i) The Minister must give written notice to the Company of the 5
person authorised by the Heritage Minister under this clause.'-- 6
omit, insert-- 7
`(a) If, during the Lease Period, the Heritage Minister is of the opinion 8
that-- 9
(i) Variation Work is being carried out other than in accordance with 10
Part III of this Agreement; and 11
(ii) it is necessary to do so to protect the Heritage Place; 12
the Heritage Minister may issue a Stop Order requiring a person to stop any 13
Variation Work or prohibiting a person from starting any Variation Work-- 14
(iii) that is not in accordance with Part III of this Agreement; and 15
(iv) that may destroy or reduce the Cultural Heritage Significance of 16
the Heritage Place. 17
(b) A Stop Order issued by the Heritage Minister shall be in writing and 18
may be served by affixing it in a prominent position in the Site, whereupon 19
it shall become immediately binding on the Company, its servants and 20
agents and any independent contractors claiming through the Company. 21
The Heritage Minister must send the Stop Order by facsimile transfer to the 22
Company and to the Minister at the same time the Stop Order is served 23
under this clause. 24
(c) During the Lease Period the Stop Order continues in force, until-- 25
(i) it is revoked by the Heritage Minister or the Minister; or 26
(ii) the Minister has reached a final determination pursuant to 27
clause 44. 28
(d) A contravention of a Stop Order made by the Heritage Minister shall 29
constitute a substantial breach by the Company of its obligations under this 30
Agreement. 31
(e) The Heritage Minister may authorise, by instrument in writing, a 32
person to exercise the Heritage Minister's powers under this clause, which 33
authorisation may be subject to conditions. 34
s 12 62 s 12
Brisbane Casino Agreement Amendment Bill 2001
(f) The Minister must give written notice to the Company of the person 1
authorised by the Heritage Minister under this clause. 2
(g) No liability for any loss arising from the giving of a Stop Order will 3
be incurred by the Heritage Minister, the Heritage Minister's appointee or 4
the Crown if the Stop Order is given by the Heritage Minister in the honest 5
and reasonable belief that the requirements of Part III were not being 6
complied with.'. 7
39 Amendment of cl 56 8
(1) Clause 56-- 9
renumber as clause 43. 10
(2) Clause 43, as renumbered, from `(a) If during the Construction 11
Period,' to `honest and reasonable belief that the requirements of Part III 12
were not being complied with.'-- 13
omit, insert-- 14
`(a) If, during the Lease Period, the Minister is of the opinion that-- 15
(i) Variation Work is being carried out other than in accordance with 16
Part III of this Agreement; and 17
(ii) it is necessary to do so to protect the Heritage Place; 18
the Minister may make a Stop Order requiring a person to stop any 19
Variation Work or prohibiting a person from starting any Variation Work 20
that-- 21
(iii) is not in accordance with Part III of this Agreement; and 22
(iv) may destroy or reduce the Cultural Heritage Significance of the 23
Heritage Place. 24
(b) A Stop Order issued by the Minister shall be in writing and may be 25
served by affixing it in a prominent position in the Site, whereupon it shall 26
become immediately binding on the Company, its servants and agents and 27
any independent contractors claiming through the Company. The Minister 28
shall send the Stop Order by facsimile transfer to the Company and the 29
Heritage Minister at the same time as the Stop Order is served under this 30
clause. 31
(c) During the Lease Period the Stop Order continues in force until-- 32
(i) it is revoked by the Minister; or 33
s 12 63 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) the Minister has reached a final determination pursuant to 1
clause 44. 2
(d) A contravention of a Stop Order made by the Minister shall constitute 3
a substantial breach by the Company of its obligations under this 4
Agreement. 5
(e) The Minister may authorise, by instrument in writing, a person to 6
exercise the Minister's powers under this clause, which authorisation may 7
be subject to conditions. 8
(f) The Minister must give written notice to the Company of the person 9
authorised by the Minister under this clause. 10
(g) No liability for any loss arising from the giving of a Stop Order will 11
be incurred by the Minister, the Minister's appointee or the Crown if the 12
Stop Order is given in the honest and reasonable belief that the 13
requirements of Part III were not being complied with. 14
(h) The Minister has the power to revoke a Stop Order made under 15
clause 42.'. 16
40 Omission of cl 57 17
Clause 57-- 18
omit. 19
41 Insertion of new cl 44 (Internal Review--Stop Order.) 20
After clause 43, as renumbered-- 21
insert-- 22
`44. Internal Review--Stop Order. 23
(a) If a Stop Order is issued pursuant to clauses 42 or 43-- 24
(i) the person issuing the Stop Order must at the same time the Stop 25
Order is served issue to the Company a written notice stating-- 26
(A) the grounds upon which the Stop Order has been issued; and 27
(B) that the Company may make a written, oral or other type of 28
further submission to the Minister; and 29
s 12 64 s 12
Brisbane Casino Agreement Amendment Bill 2001
(C) the time (at least 10 days after the notice is issued to the 1
Company) in which the further submission may be made; 2
and 3
(ii) the Minister must consider any further submission made by the 4
Company within the time stated in the notice (being not more 5
than 10 days after the further submission is made by the 6
Company). 7
(b) After considering any further submission made by the Company, the 8
Minister must within the time stated in the notice issue to the Company-- 9
(i) if the Minister does not accept the further submission--a written 10
notice directing that the Company not carry out the Variation 11
Work; 12
(ii) if the Minister does accept the further submission--a written 13
notice directing that the Company carry out the Variation Work in 14
its original form or subject to any modification which the 15
Minister directs. 16
(c) In the Minister's consideration of all submissions made pursuant to 17
this clause, the Minister must have regard to-- 18
(i) the general design and planning objectives of the State and the 19
Company contained in the Schematic Design Drawings; and 20
(ii) the Heritage Management Principles.'. 21
42 Amendment of cl 58 22
(1) Clause 58-- 23
renumber as clause 45. 24
(2) Clause 45(a), as renumbered, from `All furniture,' to `this 25
Agreement'-- 26
omit, insert-- 27
`The Materials'. 28
(3) Clause 45(b), as renumbered, `Construction'-- 29
omit. 30
s 12 65 s 12
Brisbane Casino Agreement Amendment Bill 2001
43 Amendment of cl 59 1
(1) Clause 59-- 2
renumber as clause 46. 3
(2) Clause 46(a), as renumbered, `Construction Site ("Stored 4
Materials")'-- 5
omit, insert-- 6
`Site'. 7
(3) Clause 46(a), as renumbered, `his'-- 8
omit, insert-- 9
`the Minister's'. 10
(4) Clause 46(a), as renumbered, after `appropriate;'-- 11
insert-- 12
`and'. 13
(5) Clause 46(b), as renumbered, after `Materials;'-- 14
insert-- 15
`and'. 16
(6) Clause 46(c), as renumbered, `clause 59.(a);'-- 17
omit, insert-- 18
`clause 46(a); and'. 19
44 Amendment of cl 60 20
(1) Clause 60-- 21
renumber as clause 47. 22
(2) Clause 47(a), as renumbered, `his authorised representatives'-- 23
omit, insert-- 24
`a person authorised in writing by the Minister'. 25
(3) Clause 47(a), as renumbered, `his intention to inspect the 26
Materials'-- 27
omit, insert-- 28
`the Minister's intention to inspect the Stored Materials'. 29
s 12 66 s 12
Brisbane Casino Agreement Amendment Bill 2001
(4) Clause 47(b), as renumbered, `authorised representative of'-- 1
omit, insert-- 2
`person authorised by'. 3
(5) Clause 47(b), as renumbered, `his'-- 4
omit, insert-- 5
`the Minister's'. 6
(6) Clause 47(b), as renumbered, `clause 59.(a) then'-- 7
omit, insert-- 8
`clause 46(a) then'. 9
(7) Clause 47(b), as renumbered, `clause 59.(a).'-- 10
omit, insert-- 11
`clause 46(a).'. 12
45 Amendment of cl 61 13
(1) Clause 61-- 14
renumber as clause 48. 15
(2) Clause 48(a), as renumbered, `notice'-- 16
omit, insert-- 17
`a State Notice'. 18
(3) Clause 48(a), as renumbered, `("State Notice")'-- 19
omit. 20
(4) Clause 48(c), as renumbered, `clause 61.(b) then'-- 21
omit, insert-- 22
`clause 48(b) then'. 23
(5) Clause 48(c), as renumbered, `issue a notice'-- 24
omit, insert-- 25
`issue a written notice on the Company'. 26
(6) Clause 48(c), as renumbered, `and the following procedures shall 27
apply:'-- 28
s 12 67 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`.'. 2
(7) Clause 48(d), as renumbered-- 3
renumber as clause 48(e). 4
(8) After clause 48(c), as renumbered-- 5
insert-- 6
`(d) If clause 48(c) applies the following procedure shall apply--'. 7
(9) Clauses 48(c)(i), (ii) and (iii), as renumbered-- 8
relocate and renumber as clauses 48(d)(i), (ii) and (iii) respectively. 9
(10) Clause 48(d)(i), as relocated and renumbered, `such Show Cause'-- 10
omit, insert-- 11
`the written'. 12
(11) Clause 48(d)(i), as relocated and renumbered, after `respond;'-- 13
insert-- 14
`and'. 15
(12) Clause 48(d)(ii), as relocated and renumbered, after `written'-- 16
insert-- 17
`,'. 18
(13) Clause 48(d)(ii), as relocated and renumbered, after `State 19
Notice;'-- 20
insert-- 21
`and'. 22
(14) Clause 48(d)(iii), as relocated and renumbered, `him'-- 23
omit, insert-- 24
`the Minister'. 25
(15) Clause 48(d)(iii), as relocated and renumbered, `Show Cause'-- 26
omit, insert-- 27
`written'. 28
(16) Clause 48(d)(iii), as relocated and renumbered, `his'-- 29
s 12 68 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`the Minister's'. 2
(17) Clause 48(d)(iii)(A), as relocated and renumbered, `clause 61.(b) 3
the'-- 4
omit, insert-- 5
`clause 48(b) the'. 6
(18) Clause 48(d)(iii)(A), as relocated and renumbered, `clause 61.(b); 7
or'-- 8
omit, insert-- 9
`clause 48(b); or'. 10
(19) Clause 48(d)(iii)(B), as relocated and renumbered, `clause 61.(b), 11
then'-- 12
omit, insert-- 13
`clause 48(b), then'. 14
(20) Clause 48(d)(iii)(B), as relocated and renumbered, `clause 61.(b) 15
which'-- 16
omit, insert-- 17
`clause 48(b) which'. 18
46 Amendment of cl 62 19
(1) Clause 62-- 20
renumber as clause 49. 21
(2) Clause 49(a), as renumbered, `give notice'-- 22
omit, insert-- 23
`give a Superfluous Notice'. 24
(3) Clause 49(a), as renumbered, `notice ("Superfluous Notice")'-- 25
omit, insert-- 26
`Superfluous Notice'. 27
(4) Clause 49(b), as renumbered, `then'-- 28
omit, insert-- 29
s 12 69 s 12
Brisbane Casino Agreement Amendment Bill 2001
`then-- 1
(i)'. 2
(5) Clause 49(b), as renumbered, `Notice,'-- 3
omit, insert-- 4
`Notice; and 5
(ii)'. 6
(6) Clause 49(b), as renumbered `Stored Materials and'-- 7
omit, insert-- 8
`Stored Materials; and 9
(iii)'. 10
(7) Clause 49(c), as renumbered, `then,'-- 11
omit, insert-- 12
`then: 13
(i)'. 14
(8) Clause 49(c), as renumbered, `Stored Materials,'-- 15
omit, insert-- 16
`Stored Materials; and 17
(ii)'. 18
(9) Clause 49(c), as renumbered, `Stored Materials and'-- 19
omit, insert-- 20
`Stored Materials; and 21
(iii)'. 22
47 Amendment of cl 63 23
(1) Clause 63-- 24
renumber as clause 50. 25
(2) Clause 50(a), as renumbered, from `on and from' to `Construction 26
Site'-- 27
omit. 28
s 12 70 s 12
Brisbane Casino Agreement Amendment Bill 2001
(3) Clause 50(b), as renumbered, `clauses 58 to 63'-- 1
omit, insert-- 2
`clauses 45 to 50'. 3
(4) Clause 50(b), as renumbered, `clause 81'-- 4
omit, insert-- 5
`clause 69'. 6
48 Amendment of cl 64 7
(1) Clause 64-- 8
renumber as clause 51. 9
(2) Clause 51, as renumbered, heading-- 10
omit, insert-- 11
`Inspection of the Site.'. 12
(3) Clause 51, as renumbered, from `(a) The Heritage Minister may,' to 13
`on-site health and safety.'-- 14
omit, insert-- 15
`(a) The Heritage Minister, Natural Resources Minister and Public 16
Works Minister may, for the purposes of ensuring compliance with Part III, 17
authorise in writing a person to enter and inspect the Site on the basis set 18
out in this clause. 19
(b) The Heritage Minister, Natural Resources Minister and Public Works 20
Minister must give written notice to the Company of any person authorised 21
in writing pursuant to clause 51(a) to enter and inspect the Site. 22
(c) Upon receipt by the Company of the written notification pursuant to 23
clause 51(b), the person the subject of such written notification shall 24
subject to clause 51(d) be entitled to access to the Site during the Lease 25
Period. 26
(d) A person authorised by the Heritage Minister, Natural Resources 27
Minister or Public Works Minister pursuant to clause 51(b)-- 28
(i) must give due notice to the Company of that person's intention to 29
enter and inspect the Site; and 30
(ii) must not interfere with the progress of any Variation Work except 31
for the purpose of exercising any powers under clause 51; and 32
s 12 71 s 12
Brisbane Casino Agreement Amendment Bill 2001
(iii) must upon entering the Site-- 1
(A) inform the senior representative of the Company on the Site 2
of the person's presence; and 3
(B) comply with all reasonable directions given and on-site 4
policies made by the Company or its contractors in relation 5
to persons entering the Site for the purpose of on-site health 6
and safety.'. 7
49 Omission of cl 65 8
Clause 65-- 9
omit. 10
50 Insertion of new cl 52 (Approvals.) 11
After Part IV heading-- 12
insert-- 13
`52. Approvals. 14
The State has accepted and approved the following-- 15
(a) the Constitution of the Company; and 16
(b) the Foundation Agreement.'. 17
51 Amendment of cl 66 18
(1) Clause 66-- 19
renumber as clause 53. 20
(2) Clause 53, as renumbered, heading-- 21
omit, insert-- 22
`Company requirements.'. 23
(3) Clause 53(b), as renumbered, `ten'-- 24
omit, insert-- 25
`10'. 26
(4) Clause 53(b), as renumbered, from `all or any' to `Section 724 of the 27
Corporations Law;'-- 28
s 12 72 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`any register required to be kept by the Company pursuant to the 2
Corporations Law,'. 3
(5) Clause 53(b), as renumbered, `any such'-- 4
omit, insert-- 5
`the'. 6
(6) Clause 53(b), as renumbered, `year.'-- 7
omit, insert-- 8
`year;'. 9
(7) After clause 53(b), as renumbered-- 10
insert-- 11
`(c) obtain the prior approval in writing of the Minister to any 12
appointment as a director or alternate director or associate 13
director of the Company; 14
(d) when directed by the Minister, issue a notice pursuant to 15
section 672A (Disclosure Notices) of the Corporations Law; 16
(e) when directed by the Governor-in-Council, which direction shall 17
be final and conclusive and shall not be appealed against, 18
reviewed, quashed or in any other way called in question in any 19
Court on any account whatsoever, enforce the disposal of the 20
Shares of any Shareholder in accordance with the procedure in 21
that respect set forth in the Constitution of the Company; 22
PROVIDED THAT the Governor-in-Council shall not issue a 23
direction to dispose of such Shares unless the Shareholder is 24
considered not to be a suitable person to be a Shareholder having 25
regard to those matters specified in section 20 (Suitability of 26
casino licensee and other persons) of the Control Act given after 27
a recommendation from the Minister that such Shareholder is not 28
suitable having regard to the matters set out in section 20 29
(Suitability of casino licensee and other persons) of the Control 30
Act; 31
(f) enforce the vacating from office of any director or alternate 32
director or associate director of the Company in accordance with 33
any direction to that effect by the Governor-in-Council; 34
s 12 73 s 12
Brisbane Casino Agreement Amendment Bill 2001
(g) when directed by the Minister require the production of a 1
statutory declaration by any person registered as the holder of 2
any Shares setting forth the name and address of any person with 3
a relevant interest in the same and full particulars of that interest; 4
(h) refrain from entering into any loan agreement except with a party 5
or parties or a class of parties approved in writing by the 6
Minister; 7
(i) refrain from registering any transfer by a Founder (or its 8
approved associate) of any Approval Shares held by that Founder 9
(or associate, as applicable) without the prior approval of the 10
Governor-in-Council; 11
(j) except in the case of-- 12
(i) a pro-rata offer of Shares to existing Shareholders of Shares 13
of a class which is already on issue by the Company where 14
notice of the pro-rata offer of Shares has been given to the 15
Minister; or 16
(ii) an issue of voting Shares pursuant to the terms of any 17
non-voting Shares or convertible securities approved in 18
accordance with clause 53(k), 19
refrain from the issue of any voting Shares unless the 20
Governor-in-Council has approved such issue and such issue 21
shall be on such terms and conditions as the Governor-in-Council 22
thinks fit; 23
(k) refrain from issuing any non-voting Shares or securities 24
convertible into voting Shares unless the Minister has approved 25
such issue and such issue shall be on such terms and conditions 26
as the Minister thinks fit; 27
(l) ensure that the appointment of the auditors of the Company shall 28
be in accordance with the provisions of the Corporations Law 29
and that no person shall be nominated as auditor unless that 30
person's nomination has been approved in writing by the 31
Minister; 32
(m) ensure that the total voting power of any person (other than a 33
Founder) shall not exceed 5% at any time without the prior 34
approval in writing of the Minister; 35
s 12 74 s 12
Brisbane Casino Agreement Amendment Bill 2001
(n) ensure that the total voting power of any Founder shall not 1
exceed 25% at any time without the prior approval in writing of 2
the Minister; 3
(o) ensure that the aggregate voting power of all foreign persons 4
shall not exceed 40% without the prior approval in writing of the 5
Minister PROVIDED THAT the Minister may by notice in 6
writing exempt any holding of specified voting Shares by a 7
specified person from the provisions of this paragraph for a 8
specified period and during that period such voting Shares shall 9
be disregarded for the purposes of this paragraph; 10
(p) ensure that the total number of Shares in any class of non-voting 11
Shares in which any person and their associates (other than an 12
Approved Holder) shall have a relevant interest shall not exceed 13
5% of the total number of Shares of that class on issue at any 14
time without the prior approval in writing of the Minister; 15
(q) ensure that the Constitution of the Company shall not be altered 16
or amended without the prior approval in writing of the Minister; 17
(r) make available for inspection by the Minister or the Minister's 18
nominee duly authorised in writing all information held in 19
respect to the ownership, shareholdings, directors or corporate 20
structure of the Company and all minutes of meetings of 21
Shareholders and directors and other records relating thereto; 22
(s) make available for inspection by the Minister or the Minister's 23
nominee duly authorised in writing all books, records and 24
documents relating to the financial transactions, bank accounts, 25
source and application of funds, loans and investments of the 26
Company; 27
(t) ensure that the Minister or the Minister's nominee duly 28
authorised in writing shall be entitled to attend and to speak at 29
any meeting of the Company as though the Minister were a 30
Shareholder in the Company but nothing contained in this clause 31
shall confer on the Minister or the Minister's nominee a right to 32
vote; and 33
(u) deliver to the Minister a copy of all notices that are forwarded to 34
Shareholders or directors advising of such meetings in the same 35
manner and time frame as if the Minister were a Shareholder or a 36
director.'. 37
s 12 75 s 12
Brisbane Casino Agreement Amendment Bill 2001
52 Amendment of cl 67 1
(1) Clauses 67-- 2
renumber as clause 54. 3
(2) Clauses 54(a), (b), (c), (d) and (e), as renumbered-- 4
omit. 5
(3) Clauses 54(f), (g), (h) and (i), as renumbered-- 6
renumber as clauses 54(a), (b), (c), and (d) respectively. 7
(4) Clause 54(a), as renumbered, after `shall be'-- 8
insert-- 9
`no termination of the Foundation Agreement and'. 10
(5) Clause 54(a), as renumbered, after `of the Minister;'-- 11
insert-- 12
`and'. 13
(6) Clause 54(b), as renumbered, after `Minister;'-- 14
insert-- 15
`and'. 16
(7) Clause 54(c), as renumbered, after `Founder;'-- 17
insert-- 18
`and'. 19
(8) Clause 54(d) as renumbered, from `that:' to `September 1993,'-- 20
omit, insert-- 21
`that'. 22
53 Omission of cl 68 23
Clause 68-- 24
omit. 25
54 Amendment of cl 69 26
(1) Clause 69-- 27
s 12 76 s 12
Brisbane Casino Agreement Amendment Bill 2001
renumber as clause 55. 1
(2) Clause 55(a), as renumbered, `shareholder'-- 2
omit, insert-- 3
`Shareholder'. 4
(3) Clause 55(b), as renumbered, `shareholder'-- 5
omit, insert-- 6
`Shareholder'. 7
(4) Clause 55(b), as renumbered, `paragraph (a) above:'-- 8
omit, insert-- 9
`clause 55(a)--'. 10
(5) Clause 55(b), as renumbered, `for the purposes of clause 73'-- 11
omit. 12
(6) Clause 55(b), as renumbered, `a Casino Licence in accordance with 13
clause 73'-- 14
omit, insert-- 15
`the Casino Licence'. 16
(7) Clause 55(b), as renumbered, from `at the time of' to `clause 73 or 17
thereafter,'-- 18
omit. 19
(8) Clause 55(c), as renumbered, `Articles of Association'-- 20
omit, insert-- 21
`Constitution'. 22
(9) Clause 55(c), as renumbered, from `Conrad International Investment' 23
to `between them'-- 24
omit, insert-- 25
`BI Gaming Corporation shall'. 26
(10) Clause 55(d), as renumbered, `paragraph (a) above'-- 27
omit, insert-- 28
`clause 55(a)'. 29
(11) Clause 55(d), as renumbered, `Articles of Association'-- 30
s 12 77 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`Constitution'. 2
55 Amendment of cl 70 3
(1) Clause 70-- 4
renumber as clause 56. 5
(2) Clause 56, as renumbered, `clause 67, an entitlement to voting 6
Shares'-- 7
omit, insert-- 8
`clause 53, a person's voting power or shareholding which is'. 9
(3) Clause 56, as renumbered, `paragraphs (c), (d) and (e) of 10
clause 67'-- 11
omit, insert-- 12
`clause 53(m), (n), (o) or (p)'. 13
(4) Clause 56, as renumbered, after `relevant voting Shares'-- 14
insert-- 15
`or shareholding'. 16
(5) Clause 56, as renumbered, `Memorandum and Articles of 17
Association'-- 18
omit, insert-- 19
`Constitution'. 20
(6) Clause 56, as renumbered, `that entitlement and that the 21
entitlement'-- 22
omit, insert-- 23
`the person's voting power or shareholding and that the voting power or 24
shareholding'. 25
(7) Clause 56, as renumbered, `transfer of voting'-- 26
omit, insert-- 27
`transfer of'. 28
s 12 78 s 12
Brisbane Casino Agreement Amendment Bill 2001
56 Omission of cl 71 1
Clause 71-- 2
omit. 3
57 Amendment of cl 72 4
(1) Clause 72-- 5
renumber as clause 57. 6
(2) Clause 57, as renumbered, after `this Part'-- 7
insert-- 8
`IV'. 9
(3) Clause 57(e), as renumbered, `The'-- 10
omit, insert-- 11
`For the purposes of clause 57(c) and clause 57(d), the'. 12
(4) Clause 57(e), as renumbered, `corporation--any'-- 13
omit, insert-- 14
`corporation, any'. 15
(5) Clause 57(f), as renumbered-- 16
omit, insert-- 17
`(f) A reference to-- 18
(i) a person's voting power shall have the same meaning as a 19
reference in section 610 (Voting Power in a body corporate) of 20
the Corporations Law to a person's voting power; 21
(ii) a relevant interest in Shares shall have the same meaning as a 22
reference to section 608 (Relevant interests in securities) of the 23
Corporations Law; and 24
(iii) an associate, other than for the purposes of clause 57(c) and 25
clause 57(d), shall have the same meaning as a reference in 26
Division 2 of Part 1.2 (Associates) of the Corporations Law 27
excluding section 13 (References in chapter 7) and section 14 28
(References in chapter 8) of the Corporations Law.'. 29
s 12 79 s 12
Brisbane Casino Agreement Amendment Bill 2001
58 Amendment of Part V hdg 1
Part V, heading, `GRANTING OF'-- 2
omit. 3
59 Amendment of cl 73 4
(1) Clause 73-- 5
renumber as clause 58. 6
(2) Clause 58, as renumbered, heading-- 7
omit, insert-- 8
`Casino Licence.'. 9
(3) Clauses 58(a) to (e), as renumbered-- 10
omit. 11
(4) After heading-- 12
insert-- 13
`(a) The State granted the Casino Licence to the Company.'. 14
(5) Clause 58(f), as renumbered-- 15
renumber as clause 58(b). 16
(6) Clause 58(b), as renumbered, `term of the Special Lease or Special 17
Leases'-- 18
omit, insert-- 19
`Lease Period'. 20
(7) Clause 58(b), as renumbered, `Control Act'-- 21
omit, insert-- 22
`Control Act'. 23
60 Amendment of cl 74 24
(1) Clause 74-- 25
renumber as clause 59. 26
(2) Clause 59, as renumbered, `Land Act 1962'-- 27
s 12 80 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`Land Act'. 2
61 Amendment of cl 75 3
(1) Clause 75-- 4
renumber as clause 60. 5
(2) Clause 60(b), as renumbered, `clause 75.(a) and'-- 6
omit, insert-- 7
`clause 60(a) and'. 8
(3) Clause 60(b), as renumbered, `clause 75.(a) or'-- 9
omit, insert-- 10
`clause 60(a) or'. 11
(4) Clause 60(c), as renumbered, `clause 75.(a)'-- 12
omit, insert-- 13
`clause 60(a)'. 14
(5) Clause 60(c), as renumbered, `sub-clause (d) of this clause'-- 15
omit, insert-- 16
`clause 60(d)'. 17
(6) Clause 60(d)(i), as renumbered, `his'-- 18
omit, insert-- 19
`the Minister's'. 20
(7) Clause 60(d)(i), as renumbered, `in sub-clause (b) of this clause'-- 21
omit, insert-- 22
`in clause 60(b)'. 23
(8) Clause 60(d)(i), as renumbered, `of sub-clause (b) of this clause'-- 24
omit, insert-- 25
`of clause 60(b)'. 26
(9) Clause 60(d)(ii), as renumbered, `he may'-- 27
omit, insert-- 28
s 12 81 s 12
Brisbane Casino Agreement Amendment Bill 2001
`the Minister may'. 1
(10) Clause 60(d)(ii), as renumbered, `him'-- 2
omit, insert-- 3
`the Minister'. 4
(11) Clause 60(d)(ii), as renumbered, `he shall'-- 5
omit, insert-- 6
`the Minister shall'. 7
(12) Clause 60(d)(ii), as renumbered, `his'-- 8
omit, insert-- 9
`the'. 10
(13) Clause 60(d)(iii), as renumbered, `his'-- 11
omit, insert-- 12
`the Minister's'. 13
(14) Clause 60(d)(iv), as renumbered, `paragraph (iii) of this 14
sub-clause'-- 15
omit, insert-- 16
`clause 60(d)(iii)'. 17
(15) Clause 60(d)(iv), as renumbered, `subject to Section 63 of the 18
Control Act he shall'-- 19
omit. 20
(16) Clause 60(d)(iv), as renumbered, `him'-- 21
omit, insert-- 22
`the Minister'. 23
(17) Clause 60(d)(iv), as renumbered, `he'-- 24
omit, insert-- 25
`the Minister'. 26
(18) Clause 60(d)(iv), as renumbered, `his'-- 27
omit, insert-- 28
`the Minister's'. 29
s 12 82 s 12
Brisbane Casino Agreement Amendment Bill 2001
(19) Clause 60(e), as renumbered, `Art Unions and Public Amusements 1
Act 1992'-- 2
omit, insert-- 3
`Charitable and Non-Profit Gaming Act 1999'. 4
62 Amendment of cl 76 5
(1) Clause 76-- 6
renumber as clause 61. 7
(2) Clause 61, as renumbered, `clause 80'-- 8
omit, insert-- 9
`clause 68'. 10
(3) Clause 61, as renumbered, from `The rates' to `1 July 1996.'-- 11
omit. 12
63 Amendment of cl 77 13
(1) Clause 77-- 14
renumber as clause 62. 15
(2) Clause 62, as renumbered, heading-- 16
omit, insert-- 17
`Liquor Act--Special Facility Licence.'. 18
(3) Clauses 62(a) and (b), as renumbered-- 19
omit. 20
(4) Clauses 62(c) and (d), as renumbered-- 21
renumber as clauses 62(d) and (e) respectively. 22
(5) Before clause 62(d), as renumbered-- 23
insert-- 24
`(a) The Special Facility Licence was granted in respect of the Brisbane 25
Casino-Hotel Complex and is taken to be a special facility licence for the 26
purposes of the Liquor Act. 27
s 12 83 s 12
Brisbane Casino Agreement Amendment Bill 2001
(b) The Special Facility Licence shall, subject to this Agreement, be 1
administered in accordance with the Liquor Act. 2
(c) Despite section 9 (Ordinary trading hours) of the Liquor Act but for 3
the purposes of this Agreement, the ordinary trading hours during which 4
the Special Facility Licence permits the sale or consumption of liquor in 5
the Casino Part are the same hours approved (under section 61 (Hours of 6
operation) of the Control Act) for the operation of the Casino Part.'. 7
(6) Clause 62(d), as renumbered, `term of the Special Lease or Special 8
Leases'-- 9
omit, insert-- 10
`Lease Period'. 11
(7) Clause 62(d), as renumbered, `Liquor Act 1992'-- 12
omit, insert-- 13
`Liquor Act'. 14
(8) Clause 62(e), as renumbered, `Liquor Act 1992'-- 15
omit, insert-- 16
`Liquor Act'. 17
64 Insertion of new cl 63 (Land Act--Special Lease.) 18
After clause 62, as renumbered-- 19
insert-- 20
`63. Land Act--Special Lease. 21
(a) The Special Lease was granted under the Land Act 1962 and is taken 22
to be a term lease pursuant to section 476 (Existing lease continues) of the 23
Land Act. 24
(b) If the Site is land reserved and set apart for a public purpose, the 25
Development and operation of the Brisbane Casino-Hotel Complex and the 26
Development of the Site is taken to be a purpose declared under the Land 27
Act by the Governor-in-Council to be not inconsistent with the reservation 28
or the Land Act. 29
(c) The provisions of the Land Act dealing with rental amounts, 30
payments and periods do not apply to the Special Lease.'. 31
s 12 84 s 12
Brisbane Casino Agreement Amendment Bill 2001
65 Amendment of cl 78 1
(1) Clause 78-- 2
renumber as clause 64. 3
(2) Clause 64(a)(iii), as renumbered, `of his'-- 4
omit, insert-- 5
`of the'. 6
(3) Clause 64(a)(iii), as renumbered, `for his'-- 7
omit, insert-- 8
`for the'. 9
(4) Clause 64(a)(iv), as renumbered, `quoted by the'-- 10
omit, insert-- 11
`quoted by'. 12
(5) Clause 64(b), as renumbered, `clause 78.(a)(i)'-- 13
omit, insert-- 14
`clause 64(a)(i)'. 15
(6) Clause 64(c), as renumbered-- 16
omit. 17
(7) Clause 64(d), as renumbered-- 18
renumber as clause 64(c). 19
(8) Clause 64(c), as renumbered, `sections 274, 286 and 288 of the Land 20
Act 1962. Sections 274, 286 and 288 of the Land Act 1962'-- 21
omit, insert-- 22
`Division 3--subleases of Part 4--Dealings Affecting Land and 23
Division 1--Transfers of Part 4--Dealings Affecting Land of the Land Act. 24
These sections of the Land Act'. 25
66 Amendment of cl 78A 26
Clause 78A-- 27
renumber as clause 65. 28
s 12 85 s 12
Brisbane Casino Agreement Amendment Bill 2001
67 Insertion of new cl 66 (Review of Decisions in respect of Brisbane 1
Casino-Hotel Complex, Site and Queens Park.) 2
After clause 65, as renumbered-- 3
insert-- 4
`66. Review of Decisions in respect of Brisbane Casino-Hotel Complex, 5
Site and Queens Park. 6
(a) Decisions made in relation to the Development of the Brisbane 7
Casino-Hotel Complex, Site or Queens Park under-- 8
(i) this Agreement, in the case of Regulated Development, shall-- 9
(A) not be subject to review under the Review Act or otherwise; 10
and 11
(B) only be subject to review in accordance with any review 12
process set out under this Agreement; and 13
(ii) Development Legislation, in the case of Prescribed Works as 14
contemplated by clause 15(a)(ii), shall-- 15
(A) not be subject to review under the Review Act or otherwise; 16
and 17
(B) only be subject to review in accordance with any review 18
process set out under that Development Legislation which is 19
applicable to the Prescribed Works. 20
21
Example for clause 66(a)(i)(B)--
22
This Agreement provides for an internal review procedure and appeals in
23
respect of Regulated Development in Part II.
24
This Agreement provides for an internal review procedure in respect of
25
Stop Orders in Part III.
26
Example for clause 66(a)(ii)(B)--
27
Decisions made under Development Legislation in respect of Prescribed
28
Works shall be subject to any rights of review that are provided for in that
29
Development Legislation which is applicable to plumbing work and
30
drainage work.
(b) In particular, a decision under Part II or Part III of this Agreement, or 31
another decision, of a Public Sector Entity or Public Official, in relation to 32
the Development of the Brisbane Casino-Hotel Complex, Site or Queens 33
Park-- 34
(i) is final and conclusive; and 35
s 12 86 s 12
Brisbane Casino Agreement Amendment Bill 2001
(ii) cannot be challenged, appealed against, reviewed, quashed, 1
set-aside, or called into question in any other way, under the 2
Review Act or otherwise (whether by the Supreme Court, another 3
court, a tribunal, an authority or a person); and 4
(iii) is not subject to any writ or order of the Supreme Court, another 5
court, a tribunal, an authority or a person on any ground. 6
7
Examples of writs and orders to which the sub-clause applies--
8
Example 1--
9
Writs of mandamus, prohibition and certiorari.
10
Example 2--
11
Certiorari orders, prohibition orders, prerogative orders, prerogative injunctions, and
12
statutory orders of review, within the meaning of the Review Act.
13
Example 3--
14
Declaratory and injunctive orders.
(c) Without limiting clause 66(b), the Review Act does not apply to the 15
following matters-- 16
(i) conduct engaged in for the purpose of making a decision which 17
has the meaning given by section 8 (Conduct engaged in for 18
making decision-- preparatory acts) of the Review Act; 19
(ii) other conduct that relates to the making of a decision; 20
(iii) the making of a decision or the failure to make a decision which 21
has the meaning given by section 5 (Meaning of "making of a 22
decision" and "failure to make a decision") of the Review Act; 23
(iv) a decision; 24
under this Agreement, or otherwise, in relation to the Development of the 25
Brisbane Casino-Hotel Complex, Site or Queens Park. 26
(d) In particular, but without limiting clause 66(c), the Supreme Court 27
does not have jurisdiction to hear and determine applications made to it 28
under Part 3, 4 or 5 of the Review Act in relation to matters mentioned in 29
clause 66(c). 30
(e) The Minister's power under this Agreement to decide whether to 31
accept or reject a recommendation of a Public Official, the Heritage 32
Council or other Public Sector Entity is not affected by clause 66(b).'. 33
s 12 87 s 12
Brisbane Casino Agreement Amendment Bill 2001
68 Amendment of cl 79 1
(1) Clause 79-- 2
renumber as clause 67. 3
(2) Clause 67, as renumbered, `Section 61 (8)'-- 4
omit, insert-- 5
`section 61(8) (Hours of Operation)'. 6
(3) Clause 67, as renumbered, `time;'-- 7
omit, insert-- 8
`time,'. 9
69 Amendment of cl 80 10
(1) Clause 80-- 11
renumber as clause 68. 12
(2) Clause 68, as renumbered, `review the rate'-- 13
omit, insert-- 14
`review the rates'. 15
70 Amendment of cl 81 16
(1) Clause 81-- 17
renumber as clause 69. 18
(2) Clause 69, as renumbered, `clause 85'-- 19
omit, insert-- 20
`clause 71'. 21
(3) Clause 69(b)(ii), as renumbered, `clause 12'-- 22
omit, insert-- 23
`clause 11'. 24
(4) Clause 69(b)(ii), as renumbered, `Section 32'-- 25
omit, insert-- 26
`section 32 (Mortgage and assignment of casino licence)'. 27
s 12 88 s 12
Brisbane Casino Agreement Amendment Bill 2001
(5) Clause 69(b), as renumbered, `company'-- 1
omit, insert-- 2
`Company'. 3
71 Omission of cls 82 and 83 4
Clauses 82 and 83-- 5
omit. 6
72 Amendment of cl 84 7
(1) Clause 84-- 8
renumber as clause 70. 9
(2) Clause 70(a), as renumbered, `If:'-- 10
omit, insert-- 11
`The Special Lease shall be liable to be forfeited if--'. 12
(3) Clause 70(a)(iv)(A), as renumbered, `company is made'-- 13
omit, insert-- 14
`Company is made'. 15
(4) Clause 70(a)(iv)(A), as renumbered, `company is effectively'-- 16
omit, insert-- 17
`Company is effectively'. 18
(5) Clause 70(a)(iv)(B), as renumbered, `Corporations Law'-- 19
omit, insert-- 20
`Corporations Law'. 21
(6) Clause 70(a)(iv)(C), as renumbered, `Governor in Council'-- 22
omit, insert-- 23
`Governor-in-Council'. 24
(7) Clause 70(a)(iv)(C), as renumbered, `Section 32(2)(b)'-- 25
omit, insert-- 26
`section 32(2)(b) (Mortgage and assignment of casino licence etc.)'. 27
s 12 89 s 12
Brisbane Casino Agreement Amendment Bill 2001
(8) Clause 70(a)(v), as renumbered, `; or'-- 1
omit, insert-- 2
`;'. 3
(9) Clause 70(a)(vi), as renumbered, before `or other person'-- 4
insert-- 5
`, any mortgagee'. 6
(10) Clause 70(a)(vi), as renumbered, `it'-- 7
omit, insert-- 8
`the Company'. 9
(11) Clause 70(a)(vi), as renumbered, after `Lease; and'-- 10
insert-- 11
`either--'. 12
(12) Clause 70(a)(vii), as renumbered-- 13
renumber as clause 70(a)(vi)(A). 14
(13) Clause 70(a)(vi)(A), as renumbered, `being not'-- 15
omit, insert-- 16
`not being'. 17
(14) Clause 70(a)(viii), as renumbered-- 18
renumber as clause 70(a)(vi)(B). 19
(15) Clause 70(a)(vi)(B), as renumbered, `;'-- 20
omit, insert-- 21
`.'. 22
(16) Clause 70(a), as renumbered, `the Special Lease shall be liable to be 23
forfeited.'-- 24
omit. 25
(17) Clause 70(b), as renumbered, `clause 84.(a)'-- 26
omit, insert-- 27
`clause 70(a)'. 28
(18) Clause 70(c), as renumbered, `his'-- 29
s 12 90 s 12
Brisbane Casino Agreement Amendment Bill 2001
omit, insert-- 1
`the Minister's'. 2
(19) Clause 70(d), as renumbered, `his'-- 3
omit, insert-- 4
`the Minister's'. 5
(20) Clause 70(d), as renumbered, `he'-- 6
omit, insert-- 7
`the Minister'. 8
(21) Clause 70(e), as renumbered, `clause 84.(d)(i)'-- 9
omit, insert-- 10
`clause 70(d)(i)'. 11
(22) Clause 70(f), as renumbered, from `sections 295 and 297' to `Land 12
Act 1962'-- 13
omit, insert-- 14
`section 234 (When lease may be forfeited), section 238 (Application to 15
the Court for forfeiture), section 239 (Governor-in-Council's options if 16
court decides on forfeiture) and section 241 (Effect of forfeiture) of the 17
Land Act. The sections of the Land Act'. 18
(23) Clause 70(g), as renumbered, `Land Act 1962'-- 19
omit, insert-- 20
`Land Act'. 21
73 Amendment of cl 85 22
(1) Clause 85-- 23
renumber as clause 71. 24
(2) Clause 71, as renumbered, from `(a) In the event that the Casino 25
Licence' to `shall maintain continue and be of full force and effect as if this 26
Agreement had not been terminated.'-- 27
omit, insert-- 28
`(a) In the event that the Casino Licence is cancelled or suspended for 29
any reason whatsoever, the following provisions shall apply-- 30
s 12 91 s 12
Brisbane Casino Agreement Amendment Bill 2001
(i) The Governor-in-Council shall appoint an Administrator-- 1
(A) in the case of cancellation of the licence as aforesaid within 2
7 days of the date of such cancellation; or 3
(B) in the case of suspension of the licence as aforesaid for a 4
period of not less than 3 months, within 7 days of the date of 5
receipt by the Minister of a request from the Company to 6
appoint an Administrator. 7
(ii) In the event of a receiver and manager having been approved or 8
appointed prior to either clause 71(a)(i)(A) or clause 71(a)(i)(B) 9
becoming effective, the Governor-in-Council shall appoint that 10
person as Administrator for the purposes of this Agreement. 11
(iii) Notwithstanding the provisions of sections 19 (Agreement to 12
precede grant of casino licence) and 21 (Hotel-casino complex 13
owner or State as licensee) of the Control Act or any provision of 14
this Agreement of the Special Lease the Governor-in-Council 15
shall-- 16
(A) within the period of 7 days referred to in clause 71(a)(i) 17
grant a casino licence to the Administrator; and 18
(B) if the Special Lease issued to the Company in respect of the 19
Brisbane Casino-Hotel Complex is terminated for any 20
reason grant a special lease (substantially in the form of the 21
Special Lease) in respect of the Brisbane Casino-Hotel 22
Complex to the Administrator. 23
(iv) The Administrator shall pursuant to the casino licence to be 24
granted pursuant to clause 71(a)(iii) manage and operate in 25
accordance with the provisions of the Control Act the Casino as 26
the agent of the Company. 27
(v) The Administrator if such Administrator has been appointed 28
pursuant to clause 71(a)(ii) may at any time and from time to 29
time but always subject to the rights of any mortgagee pursuant 30
to its security and also pursuant to the provisions of section 32 31
(Mortgage and assignment of casino licence etc.) of the Control 32
Act during a period of 12 calendar months from the date of the 33
appointment of the Administrator introduce a proposed assignee 34
to whom the provisions of section 32 (Mortgage and assignment 35
of casino licence etc.) of the Control Act shall apply as if such 36
assignee was proposed by a mortgagee wishing to enforce its 37
security. 38
s 12 92 s 12
Brisbane Casino Agreement Amendment Bill 2001
(vi) Should the proposed assignee be acceptable to the 1
Governor-in-Council in the terms of clause 71(a)(v) the 2
Governor-in-Council shall terminate the appointment of the 3
Administrator and assign to the proposed assignee in accordance 4
with the procedure set out in section 32 (Mortgage and 5
assignment of casino licence etc.) of the Control Act the casino 6
licence issued to the Administrator and the Minister shall 7
approve an assignment of the special lease to the assignee of the 8
casino licence in accordance with clause 64 of this Agreement. 9
(vii) In the event that the Administrator is unable to introduce an 10
acceptable assignee as hereinbefore provided in clause 71(a)(v) 11
the Administrator shall while continuing to operate the Casino as 12
hereinbefore in this clause provided but always subject to any 13
rights of any mortgagee pursuant to its security and also the 14
mortgagee's rights pursuant to the provisions of section 32 15
(Mortgage and assignment of casino licence etc.) of the Control 16
Act dispose of the Brisbane Casino-Hotel Complex and arrange 17
for the assignment of the casino licence at the highest attainable 18
price to the assignee who is approved by the 19
Governor-in-Council as if that assignee had been nominated by a 20
mortgagee seeking to enforce its security in accordance with 21
section 32 (Mortgage and assignment of casino licence etc.) of 22
the Control Act. 23
(viii)The casino licence and special lease granted to an Administrator 24
shall not be cancelled or suspended prior to its assignment as 25
referred to in clause 71(a)(vi) but the Governor-in-Council may 26
from time to time within the Governor-in-Council's discretion 27
remove an Administrator and appoint another Administrator in 28
that person's place and shall remove an Administrator who is not 29
a receiver or manager approved pursuant to section 32(2)(b) 30
(Mortgage and assignment of casino licence etc.) of the Control 31
Act and replace that person with an Administrator who becomes 32
so approved. 33
(ix) If the term of any suspension mentioned in clause 71(a)(i) is 34
reduced after a request for the appointment of an Administrator 35
has been made, the Governor-in-Council shall terminate the 36
appointment of any Administrator the Governor-in-Council has 37
appointed following a request that the appointment be so 38
terminated, and 39
s 12 93 s 12
Brisbane Casino Agreement Amendment Bill 2001
(A) if the Company's Casino Licence has been cancelled, the 1
Governor-in-Council shall assign to the Company the 2
casino licence granted to the Administrator; or 3
(B) if the Company's Casino Licence has not been cancelled, 4
the Governor-in-Council shall cancel the casino licence 5
granted to the Administrator. 6
(x) An Administrator may be appointed on such terms which are not 7
inconsistent with this clause as the Governor-in-Council 8
considers desirable in the circumstances of the appointment. 9
(xi) The term of any special lease granted pursuant to clause 71(a)(iii) 10
shall expire on the last day of the Lease Period. 11
(b) The parties hereto acknowledge confirm and agree that any 12
termination of this Agreement pursuant to the provisions of clause 69 shall 13
not in any manner whatsoever terminate or reduce the effect of clause 71(a) 14
and the rights and obligations of the parties and any mortgagee therein 15
referred to shall maintain continue and be of full force and effect as if this 16
Agreement had not been terminated.'. 17
74 Amendment of cl 86 18
(1) Clause 86-- 19
renumber as clause 72. 20
(2) Clause 72, as renumbered, heading-- 21
omit, insert-- 22
`Impact of Termination on the Development of the Brisbane 23
Casino-Hotel Complex or the Site.'. 24
(3) Clause 72, as renumbered, from `or the Casino' to `cancelled or 25
suspended as aforesaid'-- 26
omit, insert-- 27
`the provisions of clause 14 shall apply to Development in respect of the 28
Brisbane Casino-Hotel Complex and the Site which at the date of 29
termination has been carried out or approved in accordance with this 30
Agreement'. 31
s 12 94 s 12
Brisbane Casino Agreement Amendment Bill 2001
75 Amendment of cl 87 1
(1) Clause 87-- 2
renumber as clause 73. 3
(2) Clause 73, as renumbered, `contemplated by clause 77 shall'-- 4
omit, insert-- 5
`granted pursuant to the Liquor Act shall,'. 6
(3) Clause 73, as renumbered, `to be granted pursuant to clause 73'-- 7
omit. 8
(4) Clause 73, as renumbered, `Complex'-- 9
omit, insert-- 10
`Brisbane Casino-Hotel Complex'. 11
(5) Clause 73, as renumbered, `Liquor Act 1992 as amended'-- 12
omit, insert-- 13
`Liquor Act'. 14
76 Omission of cl 88 15
Clause 88-- 16
omit. 17
77 Amendment of cl 89 18
(1) Clause 89-- 19
renumber as clause 74. 20
(2) Clause 74(a)(i), as renumbered, `the Executive Building, 100 George 21
Street, Brisbane in the State of Queensland'-- 22
omit, insert-- 23
`the Minister's principal office in Brisbane'. 24
(3) Clause 74(a)(ii), as renumbered, `nominated office in the State of 25
Queensland;'-- 26
omit, insert-- 27
`registered office; and'. 28
s 12 95 s 12
Brisbane Casino Agreement Amendment Bill 2001
(4) Clause 74(a)(iii), as renumbered, `designated'-- 1
omit, insert-- 2
`designate'. 3
(5) Clause 74(i), as renumbered, from `and are a condition' to `this 4
Agreement'-- 5
omit. 6
78 Amendment of cl 90 7
Clause 90-- 8
renumber as clause 75. 9
79 Amendment of cl 91 10
Clause 91-- 11
renumber as clause 76. 12
80 Omission of cls 9294 13
Clauses 92 to 94-- 14
omit. 15
81 Insertion of new cl 77 (Delegations.) 16
After clause 76, as renumbered-- 17
insert-- 18
`77. Delegations. 19
(a) The Minister may delegate in writing the Minister's powers, rights or 20
obligations pursuant to this Agreement, or any of them, to the Chief 21
Executive (Gaming Regulation) or the Executive Director of the 22
Queensland Office of Gaming Regulation. 23
(b) The Chief Executive (Gaming Regulation) may delegate in writing 24
the Chief Executive's (Gaming Regulation) powers, rights or obligations 25
pursuant to this Agreement to an officer of the public service within that 26
unit of the public sector for which the Chief Executive (Gaming 27
Regulation) is responsible.'. 28
s 12 96 s 12
Brisbane Casino Agreement Amendment Bill 2001
82 Amendment of cl 95 1
(1) Clause 95-- 2
renumber as clause 78. 3
(2) Clause 78, as renumbered, `his'-- 4
omit, insert-- 5
`the Minister's'. 6
83 Omission of cl 96 7
Clause 96-- 8
omit. 9
84 Omission of Index to Schedules 10
Index to Schedules-- 11
omit. 12
85 Amendment of First schedule 13
First Schedule, heading-- 14
omit, insert-- 15
`SCHEDULE I--BRIEF TO APPLICANTS'. 16
86 Omission of Second and Third Schedules 17
Second and Third Schedules-- 18
omit. 19
87 Amendment of Fourth Schedule 20
(1) Fourth Schedule-- 21
renumber as Schedule II. 22
(2) Schedule II, as renumbered, heading-- 23
omit, insert-- 24
s 13 97 s 14
Brisbane Casino Agreement Amendment Bill 2001
`SCHEDULE II--WORKS & FEES'. 1
(3) Schedule II, as renumbered, `8. Footpath rental fees'-- 2
omit. 3
88 Omission of Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and 4
Eleventh Schedules 5
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Schedules-- 6
omit.'. 7
13 Renumbering
Clause 8
Sections 4, 5, 6, 11 and 13-- 9
renumber as sections 3 to 7. 10
PART 3--REPEAL OF CERTAIN SUBORDINATE 11
LEGISLATION 12
14 Repeal of regulation made under Brisbane Casino Agreement
Clause 13
Act 1992 14
The Brisbane Casino Agreement Regulation 1993 (1993 SL No. 135) is 15
repealed. 16
s 15 98 s 15
Brisbane Casino Agreement Amendment Bill 2001
15 Repeal of subordinate legislation made under the Jupiters Casino
Clause 1
Agreement Act 1983 2
The following subordinate legislation made under the Jupiters Casino 3
Agreement Act 1983 is repealed-- 4
· the order in council published in the gazette on 23 November 5
1991 at pages 130511 6
· Jupiters Casino (Variation of Agreement) Order 1992 published 7
in the gazette on 1 February 1992 at pages 4046. 8
9
10
© State of Queensland 2001
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