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Breakwater Island Casino Agreement Amendment Bill
2006
Breakwater Island Casino Agreement
Amendment Bill 2006
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 amend the Breakwater Island Casino
Agreement Act 1984 ("Agreement Act"), authorise the making of changes
to the Breakwater Island Casino Agreement ("Agreement") and cease the
ancillary agreements as defined in section 5 of the Agreement Act (being
the Townsville Harbour Board Agreement and the Townsville City Council
Agreement) from continuing to have the force of law. The Bill will
authorise the establishment of a significant part of the legislative
framework to be used to facilitate the development of a Townsville Ocean
Terminal and associated development.
Specifically, the amendments will:
· give approval to the amendment of the Agreement (through a
replacement) via a schedule to the Agreement Act which once signed
will have the force of law and will:
· in part, provide the legislative framework for the planning and
development of a Townsville Ocean Terminal, the Surplus
Casino Land and the Future Development Area;
· include deeming provisions in relation to other legislation to
facilitate the establishment or reconfiguration of tenure and other
arrangements for the Future Development Area (including the
Townsville Ocean Terminal) and the Surplus Casino Land;
· in respect of the Surplus Casino Land and the Future
Development Area Schemes, approve each scheme as a
preliminary approval under the Integrated Planning Act 1997
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Breakwater Island Casino Agreement Amendment Bill
2006
which will have the effect of the scheme overriding existing
Planning Instruments but only to the extent that there is an
inconsistency with a particular Planning Instrument;
· refine the limits and application of other legislation with respect
to the Breakwater Island Casino-Hotel Complex ("Complex");
· update the Agreement and make it more consistent with other
recently amended casino agreements including authorisation to
terminate the founder concept and update references to other
laws; and
· remove an existing Henry VIII provision in the Agreement Act with
respect to the ancillary agreements so as to comply with fundamental
legislative principles and cease those agreements from continuing to
have the force of law; and
· repeal all current regulations made pursuant to the Agreement Act
which will not affect the Agreement as made.
In addition to assisting to facilitate the Townsville Ocean Terminal project,
the proposed amendments will result in a restructure of the Agreement Act
and Agreement in a form similar to previous amendments to the Brisbane
Casino Agreement Act 1992 and the Brisbane Casino Agreement and the
Jupiters Casino Agreement Act 1983 and Jupiters Casino Agreement.
Administrative Cost to the Government
There are no administrative costs to the Government in relation to the Bill.
Fundamental Legislative Principles
The Bill was drafted with regard to fundamental legislative principles.
The Bill removes an existing Henry VIII provision in the Agreement Act
with respect to the ancillary agreements so as to comply with fundamental
legislative principles and cease those agreements from continuing to have
the force of law.
The Judicial Review Act 1991 will not apply to certain decisions made
under the Agreement with respect to development of the Complex and any
determination to approve the Future Development Area Scheme. The limits
on the operation of the Judicial Review Act 1991 is consistent with the
approach adopted for other casinos and the existing limitations contained
within the Agreement Act and Agreement.
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Breakwater Island Casino Agreement Amendment Bill
2006
Specifically, the exclusion of judicial review is an approach that has been
previously agreed to by Parliament on the basis of the significant costs and
capital requirements for such development and the need to limit the ability
of third parties to unreasonably delay the development and operation of
such projects. Also, any determination to approve the Future Development
Area Scheme is not subject to third party appeal rights on the basis that
such application under the Integrated Planning Act 1997 would involve
either exempt development or code assessable development.
Provision is made in the Agreement for an internal review procedure and
appeals in respect of development applications concerning the Complex.
Consultation
Representatives of TABCORP/Consolidated Properties Group, Breakwater
Island Limited, the Department of the Premier and Cabinet, the
Coordinator-General, the Department of State Development, Trade and
Innovation, the Department of Transport, the Department of Natural
Resources and Mines, the Department of Local Government, Planning,
Sport and Recreation, the Department of Justice and Attorney-General,
Queensland Treasury, the Environmental Protection Agency, the Great
Barrier Reef Marine Park Authority, Tourism Queensland, the Townsville
Port Authority and Townsville City Council were consulted in relation to
the Bill.
Notes On Provisions
Clause 1 states the short title of the Act being the Breakwater Island
Casino Agreement Amendment Act 2006.
Clause 2 provides that this part amends the Agreement Act.
Clause 3 (1) amends section 3(1) of the Agreement Act to authorise a
variation of the Agreement on the terms set out in schedule 2.
Clause 3(2) inserts new section 3(3) to confirm that the further agreement
in schedule 2, part 2, varies the Agreement to the extent the further
agreement contains a variation of the Agreement as in force immediately
before the making of the further agreement.
Clause 4 omits sections 4 and 5 of the Agreement Act.
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Breakwater Island Casino Agreement Amendment Bill
2006
Clause 5(1) removes references to the Townsville Harbour Board
Agreement and the Townsville City Council Agreement from section 6 of
the Agreement Act.
Clause 5(2) changes the wording of section 6 of the Agreement Act to
reflect removal of the references to the Townsville Harbour Board
Agreement and the Townsville City Council Agreement.
Clause 5(3) renumbers section 6 of the Agreement Act as section 4.
Clause 6 omits sections 7 and 8 of the Agreement Act.
Clause 7 sets out the proposed further agreement which may be entered
into.
Clause 8 repeals the Breakwater Island Casino Agreement Variation
Regulation 1997 (SL No.11).
© State of Queensland 2006