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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
BRISBANE CASINO
AGREEMENT BILL 1992
Queensland
BRISBANE CASINO AGREEMENT BILL
1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Interpretation--meaning of "development" . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--AUTHORITY TO AGREE TO DEVELOP AND
OPERATE BRISBANE CASINO
4 Minister may make agreement for Brisbane Casino . . . . . . . . . . . . . . . . . . . 6
5 Agreement has effect as enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Variation of casino agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--APPLICATION OF OTHER ACTS
7 Heritage Act--casino development is Crown development . . . . . . . . . . . . . 7
8 Land Act--development and operation of Brisbane Casino . . . . . . . . . . . . 8
9 Planning Act--particular development for planning scheme . . . . . . . . . . . . 9
10 Liquor Act--type of licence and ordinary trading hours . . . . . . . . . . . . . . . . 9
11 Control Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Casino agreement not limited by this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--MISCELLANEOUS
13 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1992
A BILL
FOR
An Act to authorise the entering into of an agreement for the
development and operation of the Brisbane Casino, and for
related purposes
4
Brisbane Casino Agreement
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Brisbane Casino Agreement Act 6
Clause1.
1992. 7
8
Definitions
In this Act-- 9
Clause2.
"Brisbane Casino" means a hotel-casino complex in the City of Brisbane; 10
"casino agreement" means the agreement made under section 4, and 11
includes that agreement as varied from time to time under this Act; 12
"casino part" means the part of the Brisbane Casino that is a casino under 13
the Control Act; 14
"conduct engaged in for the purpose of making a decision" has the 15
meaning given by section 8 of the Review Act; 16
"Control Act" means the Casino Control Act 1982; 17
"decision" means a decision, report or recommendation made, proposed to 18
be made or required to be made, and includes-- 19
(a) a matter relating to a decision, report or recommendation; and 20
(b) a matter appearing to be a decision, report or recommendation; 21
"development" has the meaning given by section 3; 22
"failure to make a decision" has the meaning given by section 5 of the 23
Review Act; 24
"Heritage Act" means the Queensland Heritage Act 1992; 25
"Land Act" means the Land Act 1962; 26
"Liquor Act" means the Liquor Act 1992; 27
5
Brisbane Casino Agreement
"making of a decision" has the meaning given by section 5 of the Review 1
Act; 2
"Planning Act" means the Local Government (Planning and 3
Environment) Act 1990; 4
"permitted use" has the meaning given by section 1.4 of the Planning Act; 5
"planning scheme" has the meaning given by section 1.4 of the Planning 6
Act; 7
"public official" includes a Minister, an officer of the public service and an 8
officer or employee of a State agency; 9
"registered place" has the meaning given by section 4 of the Heritage Act; 10
"Review Act" means the Judicial Review Act 1991; 11
"site" means the land comprised in the site that is mentioned in the casino 12
agreement as the site for the Brisbane Casino, and includes any part of 13
the land; 14
"special facility licence" means a special facility licence under Division 8 15
of Part 4 of the Liquor Act; 16
"State agency" means an agency, authority or instrumentality of the State, 17
and includes the Queensland Heritage Council. 18
of "development" 19
Interpretation--meaning
"Development" of the Brisbane Casino includes the 20
Clause3.(1)
following-- 21
(a) if the Brisbane Casino is to be developed in relation to a registered 22
place--changing the use of the place; 23
(b) the work necessary for the construction of the Brisbane Casino; 24
(c) the fitting out of the Brisbane Casino (whether or not the 25
buildings that are fitted out are part of a registered place or another 26
existing place or are to be constructed); 27
(d) any other activity in relation to the site that would be a 28
development within the meaning of the Heritage Act. 29
6
Brisbane Casino Agreement
Examples if the Brisbane Casino is to be developed in relation to a 1
registered place 2
Example 1--Construction of buildings at a registered place. 3
Example 2--Relocation of fittings, monuments and other objects from a 4
registered place. 5
Example 3--Excavating, disturbing or changing the landscape of a 6
registered place. 7
(2) For the purposes of subsection (1), a regulation may declare-- 8
(a) any specified activity is work necessary for the construction of the 9
Brisbane Casino; and 10
(b) any specified activity is comprised in the fitting out of the 11
Brisbane Casino. 12
ART 2--AUTHORITY TO AGREE TO DEVELOP 13
P
AND OPERATE BRISBANE CASINO 14
may make agreement for Brisbane Casino 15
Minister
The Minister is authorised to make, on behalf of the State, an 16
Clause4.(1)
agreement with a person for the development and operation of the Brisbane 17
Casino. 18
(2) The Minister may make an agreement under subsection (1) only if 19
the proposed agreement has been approved by regulation. 20
(3) The Minister must notify the date of the making of the agreement by 21
Gazette notice. 22
has effect as enactment 23
Agreement
The casino agreement has effect as if it were an enactment of 24
Clause5.(1)
this Act. 25
7
Brisbane Casino Agreement
(2) If a provision of the casino agreement is inconsistent with an Act, the 1
provision prevails and the Act is not effective to the extent of the 2
inconsistency. 3
of casino agreement 4
Variation
The casino agreement may be varied by a further agreement 5
Clause6.(1)
between the Minister and the other parties to the casino agreement. 6
(2) The Minister may make a further agreement only if the proposed 7
further agreement has been approved by regulation. 8
(3) The Minister must notify the date of the making of the further 9
agreement by Gazette notice. 10
ART 3--APPLICATION OF OTHER ACTS 11
P
Act--casino development is Crown development 12
Heritage
Clause7.(1) This section applies if the Brisbane Casino is to be developed in 13
relation to a registered place. 14
(2) Division 1 of Part 5 of the Heritage Act does not apply to the 15
development of the Brisbane Casino. 16
(3) For the purposes of Division 2 of Part 5 of the Heritage Act, the 17
proposed development of the Brisbane Casino is taken to be a development 18
that the Crown proposes to carry out. 19
(4) In relation to the proposed development of the Brisbane Casino, the 20
Minister is the Minister responsible for the proposed development or work 21
mentioned in section 37 of the Heritage Act. 22
(5) A decision under the Heritage Act, or another decision, of a State 23
agency or public official, in relation to the development or operation of the 24
Brisbane Casino-- 25
(a) is final and conclusive; and 26
(b) cannot be challenged, appealed against, reviewed, quashed, set- 27
aside, or called in question in any other way, under the Review 28
8
Brisbane Casino Agreement
Act or otherwise (whether by the Supreme Court, another court, a 1
tribunal, an authority or a person); and 2
(c) is not subject to any declaratory, injunctive or other order of the 3
Supreme Court or another court, a tribunal, an authority or a 4
person on any ground. 5
(6) Without limiting subsection (5), the Review Act does not have effect 6
in relation to-- 7
(a) conduct engaged in for the purpose of making a decision; or 8
(b) other conduct that relates to the making of a decision; or 9
(c) the making of a decision or the failure to make a decision; or 10
(d) a decision; 11
under the Heritage Act or otherwise in relation to the development or 12
operation of the Brisbane Casino. 13
(7) The Minister's power under section 37(5) of the Heritage Act to 14
decide whether to accept or reject a recommendation of the Queensland 15
Heritage Council is not affected by subsection (5)(a) of this section. 16
Act--development and operation of Brisbane Casino 17
Land
For the purposes of the development of the Brisbane Casino, 18
Clause8.(1)
the casino agreement may provide that permission to occupy the site is to be 19
granted under section 371A of the Land Act. 20
(2) For the purposes of the operation of the Brisbane Casino, the casino 21
agreement may provide-- 22
(a) that a special lease is to be granted under section 203 of the Land 23
Act; and 24
(b) if a special lease is granted--the term of the lease (not longer than 25
75 years). 26
(3) If the site is land reserved and set apart for a public purpose, the 27
development and operation of the Brisbane Casino is taken to be a purpose 28
declared under the Land Act by the Governor in Council to be not 29
inconsistent with the reservation or the Land Act. 30
9
Brisbane Casino Agreement
(4) Sections 204A and 204B of the Land Act (and any other provision of 1
the Land Act dealing with rental amounts, payments and periods) do not 2
apply to the special lease mentioned in subsection (2). 3
(5) Matters in relation to rent for the permission to occupy and special 4
lease may be provided for in the casino agreement. 5
Act--particular development for planning scheme 6
Planning
The casino agreement may provide that, for the purposes of any 7
Clause9.
planning scheme approved for the City of Brisbane-- 8
(a) the site is taken to be zoned as a particular development (Brisbane 9
Casino) zone; and 10
(b) the use of the site for the development or operation of the 11
Brisbane Casino (and for uses incidental to the development or 12
operation) is a permitted use and, if the agreement does so 13
provide, the Brisbane City Council may not require an application 14
under the Planning Act in respect of the permitted use of the site; 15
and 16
(c) the site remains zoned as a particular development (Brisbane 17
Casino) zone for the period of the special lease. 18
Act--type of licence and ordinary trading hours 19
Liquor
The casino agreement may provide for the grant of a special 20
Clause10.(1)
facility licence for the Brisbane Casino. 21
(2) For the purposes of granting the special facility licence, the Brisbane 22
Casino is a facility that forms part of the tourist development of the State. 23
(3) Despite section 9 of the Liquor Act but for the purposes of the Act, 24
the ordinary trading hours during which the special facility licence permits 25
the sale or consumption of liquor in the casino part are the same hours 26
approved (under section 61 of the Control Act) for the operation of the 27
casino part. 28
10
Brisbane Casino Agreement
Act 1
Control
For the purposes of section 19 of the Control Act, the casino 2
Clause11.
agreement is taken to be ratified by Parliament. 3
agreement not limited by this Part 4
Casino
Clause12. This Part does not, by implication, limit what may be contained in 5
the casino agreement. 6
ART 4--MISCELLANEOUS 7
P
8
Regulations
The Governor in Council may make regulations for the purposes 9
Clause13.
of this Act (including the casino agreement). 10
11
© State of Queensland 1992
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