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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Cricket Ground and Yarra Park
Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1 Purpose 2
2 Commencement 2
PART 2--AMENDMENTS TO THE MELBOURNE (YARRA
PARK) LAND ACT 1980 3
3 New Part 1 heading inserted 3
4 Definition 3
5 New Part 2 heading inserted 4
6 Consequential amendments to section 3 5
7 Consequential amendments to section 4 5
8 New Parts 3 and 4 inserted 5
PART 3--OTHER PROVISION AS TO YARRA PARK
RESERVE 5
5 Revocation of Crown grant for Yarra Park Reserve 5
6 Revocation of appointment of Council as committee
of management for Yarra Park Reserve 5
7 Appointment of Trust as committee of management
for Yarra Park Reserve 6
8 Management and improvement plan for Yarra Park
Reserve 6
9 Car parking 8
10 Money received in relation to Yarra Park Reserve 10
11 Yarra Park Advisory Committee 10
12 Function of Yarra Park Advisory Committee 11
13 Procedure of Yarra Park Advisory Committee 12
14 Unused road to be added to Yarra Park Reserve 12
15 Brunton Avenue land to be excised from Yarra Park
Reserve 14
16 Railway land to be excised from Yarra Park Reserve 15
17 Registrar of Titles 16
18 Regulations for Yarra Park Reserve 17
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Clause Page
PART 4--TRANSITIONAL PROVISIONS 18
19 Preservation of vendor licences 18
20 Preservation of Punt Road Oval lease 20
21 Preservation of management contracts 20
22 Punt Road Oval Agreement 22
23 Revocation of old regulations 22
24 Revocation of Yarra Park Parking Agreement 23
PART 3--AMENDMENTS TO THE MELBOURNE CRICKET
GROUND ACT 2009 24
9 Definitions 24
10 Powers and functions 24
11 Delegation to Melbourne Cricket Club 24
12 Delegation by Melbourne Cricket Club 24
13 Business plan 25
14 Annual report 25
15 Ministerial determination in relation to floodlights 25
PART 4--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987 26
16 Schedule 1 amended to include Melbourne (Yarra Park)
Land Act 1980 26
PART 5--REPEAL OF ACT 27
17 Repeal of Act 27
__________________
SCHEDULES 28
SCHEDULE 1--Yarra Park Land 28
ENDNOTES 29
561420B.I-10/11/2009 ii BILL LA INTRODUCTION 10/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Melbourne Cricket Ground and Yarra
Park Amendment Bill 2009
A Bill for an Act to amend the Melbourne (Yarra Park) Land Act
1980, the Melbourne Cricket Ground Act 2009 and the
Conservation, Forests and Lands Act 1987 and for other purposes.
Preamble
By an Order in Council dated 9 June 1873 land
known as Yarra Park was permanently reserved as
a site for a public park.
By a Crown grant dated 13 June 1873 and entered
in the register book of the Office of Titles
Volume 600 Folio 119902, the Board of Land and
Works and the Council of the City of Melbourne
were appointed as joint trustees of Yarra Park.
By an Order in Council dated 9 October 1917, the
Council of the City of Melbourne was appointed as
the committee of management for Yarra Park.
The Minister for Environment and Climate Change
and the Council of the City of Melbourne are the
current trustees of Yarra Park.
It is expedient that the appointment of the Council
of the City of Melbourne as the committee of
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s. 1
management for Yarra Park and the appointment
of the joint trustees of Yarra Park be revoked and
that the Melbourne (Yarra Park) Land Act 1980,
the Melbourne Cricket Ground Act 2009 and the
Conservation, Forests and Lands Act 1987 be
amended in order to appoint the Melbourne Cricket
Ground Trust as the committee of management for
Yarra Park.
The Parliament of Victoria therefore enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Melbourne (Yarra Park) Land Act 1980, the
5 Melbourne Cricket Ground Act 2009 and the
Conservation, Forests and Lands Act 1987 to--
(a) redefine the boundaries of Yarra Park
Reserve; and
(b) provide for the Melbourne Cricket Ground
10 Trust to be the committee of management for
Yarra Park Reserve; and
(c) expand the functions of the Melbourne
Cricket Ground Trust; and
(d) make further provision for management
15 arrangements for Yarra Park Reserve.
2 Commencement
(1) This Act comes into operation on a day to be
proclaimed.
(2) If this Act does not come into operation before
20 15 March 2010, it comes into operation on that
day.
__________________
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Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 3
PART 2--AMENDMENTS TO THE MELBOURNE (YARRA
PARK) LAND ACT 1980
3 New Part 1 heading inserted
Before section 1 of the Melbourne (Yarra Park) See:
Act No.
5 Land Act 1980 insert-- 9422
and
amending
"PART 1--PRELIMINARY". Act No
41/1987.
LawToday:
www.
legislation.
vic.gov.au
4 Definition
(1) In section 2 of the Melbourne (Yarra Park)
Land Act 1980 the definition of corporation is
10 repealed.
(2) In section 2 of the Melbourne (Yarra Park)
Land Act 1980 insert the following definitions--
"2009 Act means the Melbourne Cricket
Ground and Yarra Park Amendment Act
15 2009;
City of Melbourne has the same meaning as in the
City of Melbourne Act 2001;
Council means the Melbourne City Council;
land includes a stratum of land;
20 major event means an event or events involving
the use of the Melbourne Cricket Ground or
facilities at Melbourne Park or Olympic
Park;
Melbourne and Olympic Parks Trust means the
25 Melbourne and Olympic Parks Trust
established by the Melbourne and Olympic
Parks Act 1985;
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s. 5
Melbourne Cricket Club has the same meaning as
in the Melbourne Cricket Ground Act
2009;
Melbourne Cricket Ground has the same
5 meaning as Ground has in the Melbourne
Cricket Ground Act 2009;
Melbourne Park has the same meaning as in the
Melbourne and Olympic Parks Act 1985;
Olympic Park has the same meaning as in the
10 Melbourne and Olympic Parks Act 1985;
specified Minister means--
(a) the Minister; or
(b) the Minister administering the Sport
and Recreation Act 1972;
15 Trust means the Melbourne Cricket Ground Trust
established by the Melbourne Cricket
Ground Act 2009;
VicTrack means Victorian Rail Track established
by the Rail Corporations Act 1996;
20 Yarra Park Reserve means the land described as
Crown Allotment 2B of section 19C and
Crown Allotment 2019 at East Melbourne,
City of Melbourne, Parish of Melbourne
North and any land taken to be part of Yarra
25 Park Reserve by the operation of this Act.".
5 New Part 2 heading inserted
After section 2 of the Melbourne (Yarra Park)
Land Act 1980 insert--
"PART 2--LEASES OF CERTAIN LAND IN
30 YARRA PARK".
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6 Consequential amendments to section 3
(1) Insert the following heading to section 3 of the
Melbourne (Yarra Park) Land Act 1980--
"Trust may grant leases of land described in
5 the Schedule".
(2) In section 3(1) of the Melbourne (Yarra Park)
Land Act 1980, for "corporation" substitute
"Trust".
(3) In section 3(3) of the Melbourne (Yarra Park)
10 Land Act 1980, for "corporation" substitute
"Trust".
7 Consequential amendments to section 4
In section 4 of the Melbourne (Yarra Park)
Land Act 1980, for "this Act" substitute
15 "this Part".
8 New Parts 3 and 4 inserted
After section 4 of the Melbourne (Yarra Park)
Land Act 1980 insert--
"__________________
20 PART 3--OTHER PROVISION AS TO YARRA
PARK RESERVE
5 Revocation of Crown grant for Yarra
Park Reserve
Crown grant Volume 600 Folio 119902 is
25 revoked.
6 Revocation of appointment of Council as
committee of management for Yarra Park
Reserve
The appointment of the Council as the
30 committee of management for Yarra Park
Reserve under the Order in Council dated
9 October 1917 is revoked.
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7 Appointment of Trust as committee of
management for Yarra Park Reserve
The Trust is taken to be appointed under
section 14(2) of the Crown Land
5 (Reserves) Act 1978 as the committee of
management for Yarra Park Reserve.
8 Management and improvement plan for
Yarra Park Reserve
(1) The Trust must prepare a management and
10 improvement plan for Yarra Park Reserve
for each year.
(2) The Trust must submit the plan to each
specified Minister for approval on or before
the same date in each year that is determined
15 by the Minister under section 25(3) of the
Melbourne Cricket Ground Act 2009.
(3) Before submitting the plan under subsection
(2), the Trust must consult with the
Melbourne and Olympic Parks Trust in
20 relation to the provision of car parking in
Yarra Park Reserve for the purpose of major
events.
(4) The plan must be in the form approved by
each specified Minister and must include--
25 (a) a statement of intent, being information
about the objectives, main
undertakings, activities, performance
measures and targets of the Trust in
relation to Yarra Park Reserve; and
30 (b) strategies to support major events; and
(c) strategies to support community access
to Yarra Park Reserve for all purposes
consistent with the purposes of the
reservation of Yarra Park Reserve
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including informal recreation and
events; and
(d) strategies to improve the long term
health and sustainability of Yarra Park
5 Reserve and its trees; and
(e) strategies to maintain and enhance the
amenity of Yarra Park Reserve; and
(f) any other matter that a specified
Minister directs and that is consistent
10 with--
(i) the purposes for which the land
may be used under this Act; and
(ii) the purposes for which the land is
reserved.
15 (5) The Trust must consider any comment on the
plan prepared under subsection (4) that is
made by a specified Minister within
2 months after the plan was submitted to that
Minister.
20 (6) If a specified Minister has made a comment
under subsection (5), the Trust must--
(a) consult in good faith with the Minister;
and
(b) make any change to the plan that is
25 agreed upon between the Minister and
the Trust; and
(c) make any change to the plan that is
reasonable and required by each
specified Minister in writing and that is
30 consistent with--
(i) the purposes for which the land
may be used under this Act; and
(ii) the purposes for which the land is
reserved; and
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(d) deliver the settled plan to each specified
Minister for approval.
(7) On receiving a settled plan under subsection
(6)(d) each specified Minister may approve
5 the plan.
(8) The whole or a part of the plan must not be
published or made available except for the
purposes of this section without the prior
approval of each specified Minister.
10 9 Car parking
(1) Subject to this section, the Trust may provide
car parking in Yarra Park Reserve for the
following purposes--
(a) major events;
15 (b) the management, use and enjoyment of
the facilities at the Melbourne Cricket
Ground when major events are not
being held at the Melbourne Cricket
Ground;
20 (c) the management, use and enjoyment of
the facilities of the land delineated and
shown hatched on the plan in the
Schedule and known as Punt Road
Oval;
25 (d) any purpose consistent with the
purposes of the reservation of Yarra
Park Reserve.
(2) In making any decision to provide car
parking for the purpose set out in subsection
30 (1)(a), the Trust must have regard to--
(a) the expected demand for car parking in
Yarra Park Reserve for major events;
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(b) the extent and patterns of previous use
of Yarra Park Reserve for car parking
for major events;
(c) an assessment of the effect the car
5 parking will have on the condition of
the surface of Yarra Park Reserve;
(d) an assessment of the effect the car
parking will have on the condition of
the soil of Yarra Park Reserve and the
10 level of sub-surface water content;
(e) an assessment of the effect the car
parking will have on the condition of
the trees in Yarra Park Reserve;
(f) the need to rotate car parking to
15 minimise excessive damage or wear to
the surface or sub-surface of Yarra Park
Reserve;
(g) the protection of private or public
property in Yarra Park Reserve;
20 (h) the safety of pedestrians and car
parking attendants in Yarra Park
Reserve.
(3) In making any decision to provide car
parking for a purpose set out in subsection
25 (1)(b), the Trust must restrict car parking to
any paved areas in the immediate vicinity of
the Melbourne Cricket Ground.
(4) In making any decision to provide car
parking for a purpose set out in subsection
30 (1)(c), the Trust must have regard to
restricting car parking to areas on, and in the
immediate vicinity of, the land delineated
and shown hatched on the plan in the
Schedule and known as Punt Road Oval.
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(5) The Trust must not provide car parking in
Yarra Park Reserve for any purpose other
than a purpose set out in this section.
10 Money received in relation to Yarra Park
5 Reserve
(1) Any money received by, or collected on
behalf of, the Trust in relation to Yarra Park
Reserve must not be spent for any purpose
other than the operation, management,
10 maintenance and improvement of Yarra Park
Reserve.
(2) All money received and spent in relation to
Yarra Park Reserve must be accounted for
separately in the financial statements of the
15 Trust.
11 Yarra Park Advisory Committee
(1) There is established by this Act an advisory
committee known as the Yarra Park
Advisory Committee.
20 (2) The Yarra Park Advisory Committee
consists of up to 7 members appointed by the
Minister administering the Sport and
Recreation Act 1972 including--
(a) a member of the Trust;
25 (b) a representative of the Melbourne
Cricket Club, being the chief executive
officer or a nominee of the chief
executive officer;
(c) a person nominated by the Council to
30 represent the Council;
(d) up to 2 other persons nominated by the
Council, following consultation with
the Minister administering the Sport
and Recreation Act 1972, that the
35 Council considers--
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(i) have regular use of public parks
within the City of Melbourne; and
(ii) have knowledge of the issues
involved in the management and
5 use of public parks within the City
of Melbourne; and
(iii) have an understanding of
community needs for public parks
within the City of Melbourne; and
10 (iv) can demonstrate community
support for their nomination;
(e) other persons considered by the
Minister administering the Sport and
Recreation Act 1972 to be appropriate.
15 (3) The chairperson of the Yarra Park Advisory
Committee is the member appointed under
subsection (2)(a).
(4) A person appointed under subsection (2)(d)
or (e)--
20 (a) is appointed for the period, not
exceeding 3 years, specified in his or
her instrument of appointment; and
(b) is eligible for re-appointment; and
(c) is subject to the terms and conditions
25 specified in his or her instrument of
appointment.
12 Function of Yarra Park Advisory
Committee
The function of the Yarra Park Advisory
30 Committee is to advise the Trust on the
operation, management and improvement of
Yarra Park Reserve.
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s. 8
13 Procedure of Yarra Park Advisory
Committee
Subject to this Act, the Yarra Park Advisory
Committee may regulate its own
5 proceedings.
14 Unused road to be added to Yarra Park
Reserve
(1) The Minister administering the Crown Land
(Reserves) Act 1978 may recommend to the
10 Governor in Council that any part of the land
shown hatched on the plan lodged in the
Central Plan Office and numbered
LEGL./09-309 be added to Yarra Park
Reserve.
15 (2) The Minister may make a recommendation
under subsection (1) on--
(a) receiving plans of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on
20 the plans signed by the Surveyor-
General represents land that is to be
added to Yarra Park Reserve.
(3) On receiving a recommendation of the
Minister under subsection (1), the Governor
25 in Council, by Order published in the
Government Gazette, may declare that the
land shown on the plans signed by the
Surveyor-General is to be added to Yarra
Park Reserve.
30 (4) On the publication of an Order under
subsection (3)--
(a) the land shown on the plans signed by
the Surveyor-General is taken to be
permanently reserved under section
35 4(1) of the Crown Land (Reserves)
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Act 1978 for the purpose of a public
park; and
(b) the land shown on the plans signed by
the Surveyor-General is taken to be
5 included in, and form part of, the land
permanently reserved under the Order
in Council specified in Schedule 1; and
(c) the Trust is taken to be appointed as the
committee of management for the land
10 shown on the plans signed by the
Surveyor-General under section 14(2)
of the Crown Land (Reserves) Act
1978.
(5) On the publication of an Order under
15 subsection (3), the land shown on the plans
signed by the Surveyor-General--
(a) ceases to be a road or a part of a road or
a road reserve and all rights, easements
and privileges existing or claimed
20 either by the public or any body or
person as incident to any express or
implied grant or past dedication or
supposed dedication or any past user or
operation of law or otherwise, cease;
25 and
(b) is taken to be freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests in or applying to any part of
30 the land immediately before that
publication.
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Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 8
15 Brunton Avenue land to be excised from
Yarra Park Reserve
(1) The Minister administering the Crown Land
(Reserves) Act 1978 may recommend to the
5 Governor in Council that any part of the land
shown hatched and shown cross-hatched on
the plan lodged in the Central Plan Office
and numbered LEGL./09-308 be excised
from Yarra Park Reserve.
10 (2) The Minister may make a recommendation
under subsection (1) on--
(a) receiving plans of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on
15 the plans signed by the Surveyor-
General represents land that is to be
excised from Yarra Park Reserve.
(3) On receiving a recommendation of the
Minister under subsection (1), the Governor
20 in Council, by Order published in the
Government Gazette, may declare that the
land shown on the plans signed by the
Surveyor-General is taken to be a road
known as Brunton Avenue.
25 (4) On the publication of an Order under
subsection (3), the land shown on the plans
signed by the Surveyor-General is taken to
be--
(a) declared as a road under section 11 of
30 the Road Management Act 2004; and
(b) declared as an arterial road under
section 14 of the Road Management
Act 2004.
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(5) On the publication of an Order under
subsection (3)--
(a) subject to subsection (7), the land
shown on the plans signed by the
5 Surveyor-General is taken to be freed
and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests
applying to that land immediately
10 before that publication; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked to the extent that they
apply to the land shown on the plans
15 signed by the Surveyor-General.
(6) Subsection (5)(a) is not to be taken to revoke
the naming of Brunton Avenue on 28 June
1938 and published in the Government
Gazette on 29 June 1938.
20 (7) Any land excised from Yarra Park Reserve
under this section is not to be taken to
include any part of the Melbourne Cricket
Ground.
16 Railway land to be excised from Yarra
25 Park Reserve
(1) The Minister administering the Crown Land
(Reserves) Act 1978 may recommend to the
Governor in Council that any part of the land
shown hatched on the plan lodged in the
30 Central Plan Office and numbered
LEGL./09-307 be excised from Yarra Park
Reserve.
(2) The Minister may make a recommendation
under subsection (1) on--
35 (a) receiving plans of land signed by the
Surveyor-General; and
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(b) being satisfied that the land shown on
the plans signed by the Surveyor-
General represents land that is to be
excised from Yarra Park Reserve.
5 (3) On receiving a recommendation of the
Minister under subsection (1), the Governor
in Council, by Order published in the
Government Gazette, may declare that the
land shown on the plans signed by the
10 Surveyor-General is taken to be granted to
VicTrack under section 13E of the Rail
Corporations Act 1996.
(4) On the publication of an Order under
subsection (3), the land shown on the plans
15 signed by the Surveyor-General is taken to
be granted to VicTrack under section 13E of
the Rail Corporations Act 1996.
(5) On the publication of an Order under
subsection (3)--
20 (a) the land shown on the plans signed by
the Surveyor-General is taken to be
freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests
25 applying to that land immediately
before that publication; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked to the extent that they
30 apply to the land shown on the plans
signed by the Surveyor-General.
17 Registrar of Titles
The Registrar of Titles is authorised and
directed to make any entries in the Register
35 that are necessary to give effect to this Part.
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18 Regulations for Yarra Park Reserve
(1) The Minister may make regulations for or
with respect to--
(a) subject to the provision of car parking
5 in Yarra Park Reserve in accordance
with section 9, prohibiting or regulating
traffic or car parking in Yarra Park
Reserve;
(b) prohibiting or regulating advertising or
10 soliciting in Yarra Park Reserve;
(c) prohibiting or regulating commercial
activities in Yarra Park Reserve;
(d) any other matter or thing required or
permitted by this Act to be prescribed
15 or necessary to be prescribed to give
effect to this Act.
(2) Regulations made under this Act--
(a) may prescribe a penalty not exceeding
20 penalty units for a contravention of
20 any regulation;
(b) may apply at all times or at specified
times;
(c) may apply throughout the whole of
Yarra Park Reserve or in a specified
25 part or parts of Yarra Park Reserve;
(d) may apply to all cases or to all cases
subject to specified exceptions or to any
specified case or class of case.
(3) Regulations made under this section and any
30 revocation of any such regulations must be
published in the Government Gazette.
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(4) Regulations made under this section and any
revocation of any such regulations come into
operation on the day that they are published
in the Government Gazette.
5 (5) Despite section 13(5) of the Crown Land
(Reserves) Act 1978, any person who
contravenes any regulation made under
section 13 of that Act that applies to Yarra
Park Reserve (other than a regulation of the
10 kind referred to in section 13(6) of that Act)
is liable to a penalty of not more than
20 penalty units.
(6) Despite section 13(6) of the Crown Land
(Reserves) Act 1978, any person who
15 contravenes any regulation made under that
section for or with respect to prohibiting the
depositing and the leaving of any unwanted
material or thing on Yarra Park Reserve is
liable to a penalty of not more than
20 20 penalty units.
Note
Regulations made under this Act and regulations made
under the Crown Land (Reserves) Act 1978 are relevant
laws under the Conservation, Forests and Lands Act
25 1987. An offence under a relevant law may be enforced by
way of infringement notice. See section 91 of the
Conservation, Forests and Lands Act 1987.
__________________
PART 4--TRANSITIONAL PROVISIONS
30 19 Preservation of vendor licences
(1) The amendment of this Act by the 2009 Act
is not to be taken to affect the status or
continuity of a vendor licence that is in force
immediately before the commencement of
35 that Act.
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(2) On and from the commencement of the 2009
Act, a vendor licence that is in force
immediately before that commencement has
effect--
5 (a) as a licence between the Trust as
licensor and the licensee for the time
being under the licence, as if it had
been assigned to the Trust; and
(b) as if the Trust were a party to the
10 licence instead of the Council.
(3) Nothing in this section is to be taken as
having the effect of transferring or assigning
to the Trust any right, liability or obligation
under a vendor licence, to the extent that the
15 right, liability or obligation existed before
the commencement of the 2009 Act or arises
from events or circumstances that occurred
or existed before that commencement.
(4) In this section--
20 vendor licence means--
(a) a licence for the sale of
refreshments or novelties in Yarra
Park Reserve entered into by the
Council with Event Catering
25 Solutions Australia Pty Ltd,
ABN 32 457 585 833 on
26 October 2007;
(b) the licence for the sale of
refreshments or novelties in Yarra
30 Park Reserve entered into by the
Council with Krisanth Pty Ltd,
ABN 44 087 775 273 on
26 October 2007.
561420B.I-10/11/2009 19 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 8
20 Preservation of Punt Road Oval lease
(1) The amendment of this Act by the 2009 Act
is not to be taken to affect the status or
continuity of the lease over the land
5 delineated and shown hatched on the plan in
the Schedule and known as Punt Road Oval
entered into by the Council with the
Richmond Cricket Club,
ABN 96 550 695 944 on 1 January 1995 that
10 is in force immediately before the
commencement of that Act.
(2) The lease referred to in subsection (1) has
effect on and from the commencement of the
2009 Act--
15 (a) as a lease between the Trust as lessor
and the lessee for the time being under
the lease, as if it had been assigned to
the Trust; and
(b) as if the Trust were a party to the lease
20 instead of the Council.
(3) Nothing in this section is to be taken as
having the effect of transferring or assigning
to the Trust any right, liability or obligation
under the Punt Road Oval lease, to the extent
25 that the right, liability or obligation existed
before the commencement of the 2009 Act or
arises from events or circumstances that
occurred or existed before that
commencement.
30 21 Preservation of management contracts
(1) The amendment of this Act by the 2009 Act
is not to be taken to affect the status or
continuity of a management contract that is
in force immediately before the
35 commencement of that Act.
561420B.I-10/11/2009 20 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 8
(2) On and from the commencement of the 2009
Act, a management contract that is in force
immediately before that commencement has
effect--
5 (a) in so far as the contract relates to Yarra
Park Reserve, as a contract between the
Trust and the other party for the time
being under the contract, as if it had
been assigned to the Trust; and
10 (b) in so far as the contract relates to Yarra
Park Reserve, as if the Trust were a
party to the contract instead of the
Council.
(3) Nothing in this section is to be taken as
15 having the effect of transferring or assigning
to the Trust any right, liability or obligation
under a management contract, to the extent
that the right, liability or obligation existed
before the commencement of the 2009 Act or
20 arises from events or circumstances that
occurred or existed before that
commencement.
(4) In this section--
management contract means--
25 (a) the contract for the management
and maintenance of parks and
gardens in the City of Melbourne
entered into by the Council with
CityWide Services Solution Pty
30 Ltd, ABN 94 066 960 085 on
1 April 2004;
(b) the contract for the management
and maintenance of trees in the
City of Melbourne entered into by
35 the Council with CityWide
Services Solution Pty Ltd,
561420B.I-10/11/2009 21 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 8
ABN 94 066 960 085 on 1 April
2004;
(c) the contract for the management
of car parking in certain parks and
5 gardens in the City of Melbourne
entered into by the Council with
S & K Car Park Management Pty
Ltd, ABN 94 108 043 689 on
1 October 2008.
10 22 Punt Road Oval Agreement
(1) Nothing in the amendments made to this Act
by the 2009 Act is to be taken as having the
effect of--
(a) making the Trust a party to the Punt
15 Road Oval Agreement; or
(b) giving rise to any duty of the Trust or
liability or other obligation on the Trust
arising out of the Punt Road Oval
Agreement.
20 (2) In this section, the Punt Road Oval
Agreement means the Funding Agreement
for the Redevelopment of Training,
Administrative and Community Facilities at
Punt Road Oval entered into between the
25 State of Victoria, the Melbourne City
Council, the Richmond Football Club,
ABN 25 679 793 340, and the Australian
Football League, ACN 004 155 211 on
29 June 2009 in respect of the land described
30 in the Schedule.
23 Revocation of old regulations
On the commencement of the 2009 Act any
regulations made under section 13 of the
Crown Land (Reserves) Act 1978 that
35 applied to the whole or any part of Yarra
Park Reserve immediately before that
561420B.I-10/11/2009 22 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 2--Amendments to the Melbourne (Yarra Park) Land Act 1980
s. 8
commencement are revoked to the extent
that they apply to Yarra Park Reserve.
24 Revocation of Yarra Park Parking
Agreement
5 (1) On the commencement of the 2009 Act, the
Yarra Park Parking Agreement ceases to
have effect.
(2) In this section, the Yarra Park Parking
Agreement means the Yarra Park Parking
10 Agreement entered into between the
Melbourne City Council and the Minister for
Planning on 28 October 2005 in respect of
Yarra Park Reserve.".
_________________
561420B.I-10/11/2009 23 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 3--Amendments to the Melbourne Cricket Ground Act 2009
s. 9
PART 3--AMENDMENTS TO THE MELBOURNE CRICKET
GROUND ACT 2009
9 Definitions
See: (1) In section 3 of the Melbourne Cricket Ground
Act No.
5 15/2009. Act 2009 insert the following definition--
LawToday:
www. "Yarra Park Reserve has the same meaning as in
legislation.
vic.gov.au
the Melbourne (Yarra Park) Land Act
1980.".
(2) In section 3 of the Melbourne Cricket Ground
10 Act 2009, in the definition of Trust, for "4."
substitute "4;".
10 Powers and functions
After section 6(1)(a) of the Melbourne Cricket
Ground Act 2009 insert--
15 "(ab) to be the committee of management for
Yarra Park Reserve; and".
11 Delegation to Melbourne Cricket Club
(1) In section 21(1) of the Melbourne Cricket
Ground Act 2009, after "Trust" (where secondly
20 occurring) insert "under this or any other Act".
(2) In section 21(2) of the Melbourne Cricket
Ground Act 2009, after "Ground" insert "or to
the Trust's role as committee of management for
Yarra Park Reserve".
25 12 Delegation by Melbourne Cricket Club
(1) In section 22(1) of the Melbourne Cricket
Ground Act 2009, after "Trust" (where secondly
occurring) insert "under this or any other Act".
(2) In section 22(2) of the Melbourne Cricket
30 Ground Act 2009, after "Ground" insert "or
Yarra Park Reserve".
561420B.I-10/11/2009 24 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 3--Amendments to the Melbourne Cricket Ground Act 2009
s. 13
13 Business plan
After section 25(4) of the Melbourne Cricket
Ground Act 2009 insert--
"(4A) The plan prepared under subsection (4) must
5 also include the performance measures and
targets included in the statement of intent
included in the management and
improvement plan for the year approved
under section 8(7) of the Melbourne (Yarra
10 Park) Land Act 1980.".
14 Annual report
(1) In section 26(2) of the Melbourne Cricket
Ground Act 2009, in paragraph (b), for "year."
substitute "year; and".
15 (2) In section 26(2) of the Melbourne Cricket
Ground Act 2009, after paragraph (b) insert--
"(c) an explanation of whether the performance
measures and targets included in the
statement of intent included in the
20 management and improvement plan for the
year approved under section 8(7) of the
Melbourne (Yarra Park) Land Act 1980
have been met for the financial year.".
15 Ministerial determination in relation to floodlights
25 Section 30(4) of the Melbourne Cricket Ground
Act 2009 is repealed.
__________________
561420B.I-10/11/2009 25 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 4--Amendments to the Conservation, Forests and Lands Act 1987
s. 16
PART 4--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987
16 Schedule 1 amended to include Melbourne (Yarra
Park) Land Act 1980
5 See: In Schedule 1 to the Conservation, Forests and
Act No.
41/1987. Lands Act 1987, after "Land Conservation
Reprint No. 7 (Vehicle Control) Act 1972." insert "Melbourne
as at
29 February (Yarra Park) Land Act 1980.".
2008
and
amending
Act Nos
12/2008,
4/2009, 6/2009
and 40/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561420B.I-10/11/2009 26 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Part 5--Repeal of Act
s. 17
PART 5--REPEAL OF ACT
17 Repeal of Act
This Act is repealed on 15 March 2012.
Note
5 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).
__________________
561420B.I-10/11/2009 27 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Sch. 1
SCHEDULES
SCHEDULE 1
YARRA PARK LAND
Situation and area of land: County of Bourke, City of
Melbourne, East Melbourne, land
known as Yarra Park.
Instrument and date of reservation: Order in Council dated 9 June 1873.
Description of land by reference to Government Gazette dated 13 June
Government Gazette: 1873, page 1059.
Purpose of reservation: Site for Public Park.
561420B.I-10/11/2009 28 BILL LA INTRODUCTION 10/11/2009
Melbourne Cricket Ground and Yarra Park Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561420B.I-10/11/2009 29 BILL LA INTRODUCTION 10/11/2009
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