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Brisbane Casino Agreement Amendment Bill 2001
BRISBANE CASINO AGREEMENT
AMENDMENT BILL 2001
EXPLANATORY NOTES
GENERAL OUTLINE
Policy Objectives of the Bill and the Way in Which They Will be
Achieved
The objective of the Bill is to cease the operation of the Henry VIII
provisions in the Brisbane Casino Agreement Act 1992 ("Agreement Act")
and to give approval to the proposed amendments to the Brisbane Casino
Agreement ("Agreement") on the terms as contained in clause 12 of the
Bill. The proposed amendments to the Agreement will--
1. ensure that the Agreement operates independently of the
Agreement Act to limit or control the application of other acts to
the Brisbane Casino-Hotel Complex ("Complex");
2. refine the limits and controls as to the application of other acts in
relation to Development of the Complex and Works that can be
carried out in Queens Park;
3. refine the heritage protection measures in respect to
Development of the Complex (including the creation of a
Heritage Management Plan) and Works that can be carried out in
Queens Park; and
4. update and simplify the Agreement.
Administrative Cost to the Government
There are no administrative costs to the Government in relation to the
Bill.
Fundamental Legislative Principles
The cessation of the Henry VIII provisions through the Bill is consistent
with fundamental legislative principles.
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Brisbane Casino Agreement Amendment Bill 2001
The approval of the proposed amendments to the Agreement as
contained in the Bill will operate to restrict the application of the Judicial
Review Act 1991, Integrated Planning Act 1997, Land Act 1962 and
Queensland Heritage Act 1992 to certain decisions made under the
Agreement in relation to Development of the Complex and Works that can
be carried out in Queens Park. Generally, the exclusion of the Judicial
Review Act 1991 is consistent with the approach adopted for other Casino
developments. Also, the Agreement itself provides for alternative review
processes in relation to various decisions concerning Development of the
Complex. To the extent that the application of the other acts are restricted,
the Agreement provides for alternative heritage protection and
development approval processes.
Consultation
Representatives of Jupiters Limited, Treasury Department, the
Department of Communication and Information, Local Government and
Planning, Department of Premier and Cabinet, Department of State
Development, Department of Justice and Attorney-General, Department of
Employment, Youth and The Arts, Department of Public Works,
Department of Environment and Heritage and the Department of Natural
Resources and Mines were consulted in relation to the Bill.
NOTES ON PROVISIONS
Clause 1 states the short title of the Act being the Brisbane Casino
Agreement Amendment Act 2001.
Clause 2 provides that sections 4, 5, 8 to 11 and 13 commence at the
time immediately after the further agreement is entered into under the
Agreement Act.
Clause 3 provides that this part amends the Agreement Act.
Clause 4(1) amends section 2 of the Agreement Act by omiting all
definitions except for, "Brisbane Casino", "casino agreement" and
"Control Act".
Clause 4(2) amends the definition of "casino agreement".
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Brisbane Casino Agreement Amendment Bill 2001
Clause 5 omits section 3 of the Agreement Act which defined the term
"development".
Clause 6 inserts new section 4(4) to prohibit the Minister from entering
into an agreement under section 4 after the commencement of the Brisbane
Casino Agreement Amendment Act 2001.
Clause 7(1) amends section 6(1) of the Agreement Act to authorise a
variation of the Agreement on the terms set out in the schedule.
Clause 7(2) omits section 6(2) of the Agreement Act.
Clause 7(3) renumbers section 6(3) of the Agreement Act as section
6(2).
Clause 8 replaces the heading for Part 3 of the Agreement Act.
Clause 9 omits sections 7 to 10 of the Agreement Act.
Clause 10 omits section 12 of the Agreement Act.
Clause 11 omits the Part 4 heading of the Agreement Act.
Clause 12 sets out the proposed further agreement which may be entered
into.
Clause 13 renumbers sections 4, 5, 6, 11 and 13 as sections 3 to 7 of the
Agreement Act.
Clause 14 repeals the Brisbane Casino Agreement Regulation 1993 (SL
No 135).
Clause 15 repeals subordinate legislation made under the Jupiters
Casino Agreement Act 1983.
© State of Queensland 2001