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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crown Land (Reserves) Amendment (Carlton
Gardens) Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 New definitions inserted 2
4 New Part 4A inserted 2
PART 4A--CARLTON GARDENS RESERVE--
SPECIAL EVENT MANAGEMENT 2
29J Special event management declarations 2
29K Content of special event management declarations 3
29L Management of Carlton Gardens Reserve 4
29M Suspension of functions, powers and duties 5
29N Powers in relation to agreements and arrangements 6
29O Regulations and local laws to be suspended 6
29P Transitional provisions 7
29Q Effect of special event management declaration 7
29R Minister to give copy of declaration to committee of
management 7
29S Special event management area to be restored 7
5 Repeal of amending Act 8
ENDNOTES 9
561158B.I-5/2/2008 i BILL LA INTRODUCTION 5/2/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crown Land (Reserves) Amendment
(Carlton Gardens) Bill 2008
A Bill for an Act to amend the Crown Land (Reserves) Act 1978 to
provide for the management of land in the Carlton Gardens Reserve
for special events and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Crown Land (Reserves) Act 1978 to provide for
the management of land in the Carlton Gardens
5 Reserve for special events.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561158B.I-5/2/2008 1 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 3
3 New definitions inserted
See: In section 3 of the Crown Land (Reserves) Act
Act No.
9212. 1978 insert the following definitions--
Reprint No. 8
as at "Carlton Gardens Reserve means the balance of
9 February
5 2007
the land described in Crown Grant
and Volume 600 Folio 905;
amending
Act Nos declaration period means the period specified in a
64/2004,
24/2006 and special event management declaration as the
57/2006. period for which the declaration is to apply;
LawToday:
10 www.
legislation.
event organiser means a person who organises or
vic.gov.au conducts events;
special event management area means the area
specified in a special event management
declaration as the area to which the
15 declaration is to apply;
special event management declaration means a
declaration under section 29J(1);
special event period means a period specified in a
special event management declaration as a
20 period during which the special event is to
take place;
Trust means the Melbourne Convention and
Exhibition Trust established by the
Melbourne Convention and Exhibition
25 Trust Act 1996.".
4 New Part 4A inserted
After Part 4 of the Crown Land (Reserves) Act
1978 insert--
"PART 4A--CARLTON GARDENS RESERVE--
30 SPECIAL EVENT MANAGEMENT
29J Special event management declarations
(1) The Governor in Council, on the
recommendation of the Minister, may, by
561158B.I-5/2/2008 2 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 4
Order published in the Government Gazette,
declare an event or series of events to be a
special event for the purposes of this Part.
(2) The Minister must not make a
5 recommendation under subsection (1) unless
the Minister is satisfied that--
(a) the event or events are suitable to be
held in the Carlton Gardens Reserve;
and
10 (b) the event or events are of significance
to the State.
29K Content of special event management
declarations
A special event management declaration
15 must specify--
(a) the name and a short description of the
special event; and
(b) the date, at least 14 days after
publication in the Government Gazette,
20 on which the declaration takes effect;
and
(c) the period (not exceeding 3 years) for
which the declaration is to apply; and
(d) the period or periods during the
25 declaration period in which the special
event is to take place; and
(e) by means of a description, map or other
document, the area of the Carlton
Gardens Reserve to which the
30 declaration is to apply.
561158B.I-5/2/2008 3 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 4
29L Management of Carlton Gardens Reserve
(1) A special event management declaration may
provide that the Secretary or the Trust is to
have specified functions, powers and duties
5 in relation to the Carlton Gardens Reserve
during the whole or specified parts of the
declaration period.
(2) The functions, powers and duties may
include--
10 (a) a power, with the consent of the
Minister, to enter into agreements or
arrangements with an event organiser;
and
(b) any power required to undertake,
15 organise or facilitate a special event;
and
(c) any function, power or duty conferred
by any other Part of this Act or any
other Act on the trustees or the
20 committee of management of the
Carlton Gardens Reserve in that
capacity; and
(d) a power to fix opening and closing
times for public access to the special
25 event management area or part of that
area.
(3) A special event management declaration
cannot confer power to permit the use of the
Carlton Gardens Reserve for a purpose that
30 is inconsistent with the reservation of the
land unless it is a purpose that is, or is
connected with, an exhibition purpose.
(4) The functions, powers and duties conferred
on the Trust by a special event management
35 declaration are in addition to those set out in
561158B.I-5/2/2008 4 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 4
the Melbourne Convention and Exhibition
Trust Act 1996.
29M Suspension of functions, powers and
duties
5 (1) A special event management declaration may
provide for--
(a) all or specified functions, powers and
duties of the trustees or the committee
of management of the Carlton Gardens
10 Reserve to be suspended for a special
event period; and
(b) all or specified functions, powers and
duties of the trustees or the committee
of management of the Carlton Gardens
15 Reserve to be suspended for any other
specified part of the declaration period.
(2) The Minister must not make a
recommendation under section 29J(1) for a
declaration to suspend the functions, powers
20 and duties of the trustees or the committee of
management unless the Minister is satisfied
that this is necessary for the purposes of the
special event.
(3) The trustees or the committee of
25 management of the Carlton Gardens Reserve
must not--
(a) exercise or perform any function,
power or duty that is suspended under
this Part during the period of the
30 suspension; and
(b) exercise or perform any other function,
power or duty in a manner that is
inconsistent with a special event
management declaration or the purpose
35 of that declaration.
561158B.I-5/2/2008 5 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 4
29N Powers in relation to agreements and
arrangements
The power conferred on the Secretary or the
Trust to enter into agreements or
5 arrangements with an event organiser may
include agreements or arrangements relating
to--
(a) the organisation and conduct of the
special event; and
10 (b) the occupation and use and period of
occupation and use by the event
organiser of any part of the special
event management area; and
(c) the fees to be charged by the event
15 organiser for entry into the special
event management area; and
(d) the fees for the occupation and use of
the special event management area to
be paid by the event organiser to the
20 Secretary or the Trust.
29O Regulations and local laws to be
suspended
(1) A special event management declaration may
provide that all or any regulations made
25 under section 13 or local laws made under
the Local Government Act 1989 are to be
suspended during the whole or any specified
part of the declaration period to the extent
that they apply to the Carlton Gardens
30 Reserve.
(2) Despite anything to the contrary in the Local
Government Act 1989 and without limiting
subsection (1), a local law made after the
making of a special event management
35 declaration does not apply to the Carlton
Gardens Reserve during the declaration
561158B.I-5/2/2008 6 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 4
period unless the special event management
declaration otherwise provides.
29P Transitional provisions
A special event management declaration may
5 contain provisions of a transitional nature
consequent on the making of the declaration,
including--
(a) provisions for the construction of
references in any instrument or in any
10 other document of any kind; and
(b) provisions relating to the end of a
special event period or the declaration
period.
29Q Effect of special event management
15 declaration
A special event management declaration has
effect according to its terms.
29R Minister to give copy of declaration to
committee of management
20 The Minister must give a copy of the special
event management declaration to the
committee of management of the Carlton
Gardens Reserve within 7 days after the
declaration is published in the Government
25 Gazette.
29S Special event management area to be
restored
(1) The event organiser of a special event must
immediately after each special event period,
30 restore, or ensure the restoration of, the
special event management area to a
condition reasonably comparable to its
condition before the beginning of the special
event period.
561158B.I-5/2/2008 7 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
s. 5
(2) If the event organiser does not comply with
subsection (1), the Secretary or the Trust
may carry out the restoration works and
recover the costs of those works from the
5 event organiser as a debt due to the Secretary
or the Trust.
__________________".
5 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
10 Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
561158B.I-5/2/2008 8 BILL LA INTRODUCTION 5/2/2008
Crown Land (Reserves) Amendment (Carlton Gardens) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561158B.I-5/2/2008 9 BILL LA INTRODUCTION 5/2/2008
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