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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne Cricket Ground (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Trustees 2
5. New sections 7A and 7AB inserted 2
7A. Delegation to Melbourne Cricket Club 2
7AB. Delegation by Melbourne Cricket Club 4
6. Melbourne Cricket Club to prepare business plan for Trust 5
7. New sections 7K and 7L inserted 5
7K. Melbourne Cricket Club may be Ground Manager 5
7L. Melbourne Cricket Club may receive fees and charges 6
8. New section 8B inserted 6
8B. Special provisions relating to the new Northern Stand 6
9. Amendment of section 11A 7
10. New sections 11B, 11C and 11D inserted 7
11B. Further lands added to Melbourne Cricket Ground 7
11C. Re-reservation of certain land for Yarra Park 9
11D. Strata to be added to Melbourne Cricket Ground 10
ENDNOTES 12
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to amend the Melbourne Cricket Ground Act 1933 and for other
purposes.
Melbourne Cricket Ground
(Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne Cricket Ground Act 1933--
(a) to make further provision in relation to the
5 management of the Melbourne Cricket
Ground; and
(b) to ensure proper monitoring of the
development of the Northern Stand; and
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Melbourne Cricket Ground (Amendment) Act 2002
s. 2
Act No.
(c) to make minor changes to the area of the
Melbourne Cricket Ground for the purpose
of the development of the Northern Stand.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
10 3. Principal Act
See:
In this Act, the Melbourne Cricket Ground Act Act No.
1933 is called the Principal Act. 4149/1933.
Reprint No. 1
as at
25 July 1996
and
amending
Act Nos
104/1998 and
57/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Trustees
In section 5A(b) of the Principal Act for
15 "6 persons" substitute "not less than 6 and not
more than 8 persons".
5. New sections 7A and 7AB inserted
After section 7 of the Principal Act insert--
"7A. Delegation to Melbourne Cricket Club
20 (1) The Trust, with the approval of the Minister,
may, by instrument, delegate to the
Melbourne Cricket Club any part of the
function or powers of the Trust, other than
this power of delegation.
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Melbourne Cricket Ground (Amendment) Act 2002
s. 5
Act No.
(2) If the Trust delegates a function or power
under this section--
(a) the delegation does not prevent the
performance or exercise of the function
5 or power by the Trust; and
(b) the delegation may be made subject to
any conditions or limitations that the
Trust may specify; and
(c) a function or power so delegated, when
10 performed or exercised by the
Melbourne Cricket Club is, for the
purposes of this Act, to be taken to
have been performed or exercised by
the Trust; and
15 (d) if the function or power relates to the
management, control, improvement or
use of the Ground, the Melbourne
Cricket Club must implement any
policy from time to time made by the
20 Trust in relation to that function or
power.
(3) A policy referred to in sub-section (2)(d)
must not be inconsistent with--
(a) the terms and conditions of any
25 agreement for the appointment of the
Melbourne Cricket Club as Ground
Manager of the whole or part of the
Ground; or
(b) the terms and conditions of any lease to
30 the Melbourne Cricket Club of the
whole of the Ground.
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Melbourne Cricket Ground (Amendment) Act 2002
s. 5
Act No.
7AB. Delegation by Melbourne Cricket Club
(1) The Melbourne Cricket Club, with the
approval of the Trust, may, by instrument,
delegate to any person any function or power
5 delegated to the Melbourne Cricket Club by
the Trust.
(2) If the Melbourne Cricket Club delegates a
function or power under this section--
(a) the delegation does not prevent the
10 performance or exercise of the function
or power by the Melbourne Cricket
Club; and
(b) the delegation must be made subject to
any conditions or limitations that the
15 Trust may specify; and
(c) a function or power so delegated, when
performed or exercised by the delegate
is, for the purposes of this Act, to be
taken to have been performed or
20 exercised by the Trust; and
(d) if the function or power relates to the
management or use of the Ground, the
delegate must implement any policy
made from time to time by the Trust in
25 relation to the function or power.
(3) A policy referred to in sub-section (2)(d)
must not be inconsistent with--
(a) any agreement appointing the
Melbourne Cricket Club as Ground
30 Manager of the whole or part of the
Ground; or
(b) any lease to the Melbourne Cricket
Club of the whole of the Ground.".
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Melbourne Cricket Ground (Amendment) Act 2002
s. 6
Act No.
6. Melbourne Cricket Club to prepare business plan for
Trust
(1) After section 7F(1) of the Principal Act insert--
"(1A) While the Melbourne Cricket Club is Ground
5 Manager of the whole of the Ground, the
Melbourne Cricket Club must--
(a) prepare the business plan on behalf of
the Trust in accordance with the terms
and conditions of the Melbourne
10 Cricket Club's appointment as Ground
Manager; and
(b) submit the plan to the Trust for
approval.".
(2) In section 7F(2) of the Principal Act after
15 "prepared" insert "or approved".
7. New sections 7K and 7L inserted
After section 7J of the Principal Act insert--
"7K. Melbourne Cricket Club may be Ground
Manager
20 (1) The Trust may by agreement appoint the
Melbourne Cricket Club as Ground Manager
of the whole or part of the Ground during
any period that the Melbourne Cricket Club
is the lessee of the whole of the Ground.
25 (2) Section 7J does not apply to an appointment
under this section.
(3) While the Melbourne Cricket Club is the
Ground Manager of the whole of the
Ground, the Trust must not enter into a
30 contract with any other person to manage the
whole or any part of the Ground.
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Melbourne Cricket Ground (Amendment) Act 2002
s. 8
Act No.
7L. Melbourne Cricket Club may receive fees
and charges
(1) During any period that it is the Ground
Manager of the whole of the Ground, the
5 Melbourne Cricket Club is entitled to receive
and retain all entrance fees and charges and
all revenue and income arising in the course
of its management of the Ground.
(2) The power conferred by sub-section (1) is
10 subject to the terms and conditions of any
agreement for the appointment of the
Melbourne Cricket Club as Ground Manager
and all money collected by the Melbourne
Cricket Club under that power must be
15 allocated and disbursed in accordance with
that agreement.".
8. New section 8B inserted
After section 8A of the Principal Act insert--
"8B. Special provisions relating to the new
20 Northern Stand
(1) Despite sections 6J and 7A, the Trust must
not delegate any function or power relating
to the development of the Northern Stand on
the Ground without the approval of the
25 Minister.
(2) The Trust must report to the Minister on the
development of the Northern Stand on the
Ground.
(3) A report under sub-section (2) must be made
30 at the end of 3 months after the
commencement of section 8 of the
Melbourne Cricket Ground (Amendment)
Act 2002 and then every 3 months until the
completion of the development.".
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Melbourne Cricket Ground (Amendment) Act 2002
s. 9
Act No.
9. Amendment of section 11A
(1) After section 11A(5) of the Principal Act
insert--
"(5A) Despite anything to the contrary in the
5 Yarra Park Road Act 1897, if, on the
commencement of section 9(1) of the
Melbourne Cricket Ground
(Amendment) Act 2002, any part of
the land shown in the plan of survey is
10 or is being used as a road, that part of
the land ceases to be a road and all
rights, easements and privileges
existing or claimed in it either in the
public or by any body or person as
15 incident to any express or implied
grant, or past dedication or supposed
dedication or by user or operation of
law, cease.".
(2) In section 11A(6) of the Principal Act for
20 "and (5)" substitute ", (5) and (5A)".
10. New sections 11B, 11C and 11D inserted
After section 11A of the Principal Act insert--
'11B. Further lands added to Melbourne Cricket
Ground
25 (1) In this section "proposed MCG lands"
means the lands shown hatched on the plans
numbered LEGL./02-079 and
LEGL./02-080 and lodged in the Central
Plan Office of the Department of Natural
30 Resources and Environment.
(2) This section applies despite anything to the
contrary in the Crown Land (Reserves) Act
1978 or any other Act or law.
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Melbourne Cricket Ground (Amendment) Act 2002
s. 10
Act No.
(3) The Order in Council dated 9 June 1873 is
revoked to the extent that it applies to the
proposed MCG lands.
(4) Crown grant Volume 600, Folio 119902 is
5 revoked to the extent that it applies to the
proposed MCG lands.
(5) On the revocation of the Order in Council
specified in sub-section (3) to the extent that
it applies to the proposed MCG lands--
10 (a) the proposed MCG lands are deemed
to be permanently reserved under
section 4(1) of the Crown Land
(Reserves) Act 1978; and
(b) the proposed MCG lands are deemed to
15 be included in and form part of the land
reserved under the Order in Council
dated 20 February 1934 and referred
to in Crown grant Volume 5925,
Folio 1184828; and
20 (c) despite anything to the contrary in the
Yarra Park Road Act 1897, if any
part of the proposed MCG lands is or is
being used as a road, that part of the
proposed MCG lands ceases to be a
25 road and all rights, easements and
privileges existing or claimed in it
either in the public or by any body or
person as incident to any express or
implied grant, or past dedication or
30 supposed dedication or by user or
operation of law, cease.
(6) The Registrar of Titles is authorised and
directed to make any entries in the Register
that are necessary to give effect to sub-
35 sections (4) and (5).
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Melbourne Cricket Ground (Amendment) Act 2002
s. 10
Act No.
11C. Re-reservation of certain land for Yarra
Park
(1) In this section "proposed Yarra Park
land" means the land shown cross-hatched
5 on the plan numbered LEGL./02-081 and
lodged in the Central Plan Office of the
Department of Natural Resources and
Environment.
(2) This section applies despite anything to the
10 contrary in the Crown Land (Reserves) Act
1978 or any other Act or law.
(3) The Order in Council dated 20 February
1934 is revoked to the extent that it applies
to the proposed Yarra Park land.
15 (4) Crown grant Volume 5925, Folio 1184828 is
revoked to the extent that it applies to the
proposed Yarra Park land.
(5) On the revocation of the Order in Council
specified in sub-section (3) to the extent that
20 it applies to the proposed Yarra Park land,
the proposed Yarra Park land--
(a) ceases to be permanently reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 as a site for the
25 Melbourne Cricket Ground; and
(b) is deemed to be permanently reserved
under section 4(1) of the Crown Land
(Reserves) Act 1978 for the purposes
of Public Park (Yarra Park); and
30 (c) is deemed to be included in and form
part of the land reserved under the
Order in Council dated 9 June 1873 and
referred to in Crown grant Volume 600,
Folio 119902.
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Melbourne Cricket Ground (Amendment) Act 2002
s. 10
Act No.
(6) The Registrar of Titles is authorised and
directed to make any entries in the Register
that are necessary to give effect to sub-
sections (4) and (5).
5 11D. Strata to be added to Melbourne Cricket
Ground
(1) In this section--
"MCG strata plan" means the plan
numbered OP121865 and lodged in the
10 Central Plan Office of the Department
of Natural Resources and Environment;
"Northern Stand strata" means the strata
of land described as Crown Allotments
2013, 2014, 2015 and 2016 on the
15 MCG strata plan.
(2) This section has effect despite anything to
the contrary in the Crown Land (Reserves)
Act 1978 or any other Act or law.
(3) The Order in Council dated 9 June 1873 is
20 revoked to the extent that it applies to the
Northern Stand strata.
(4) Crown grant Volume 600, Folio 119902 is
revoked to the extent that it applies to the
Northern Stand strata.
25 (5) On the revocation of the Order in Council
specified in sub-section (3) to the extent that
it applies to the Northern Stand strata, the
Northern Stand strata--
(a) are deemed to be permanently reserved
30 under section 4(1) of the Crown Land
(Reserves) Act 1978; and
(b) are deemed to be included in and form
part of the land reserved under the
Order in Council dated 20 February
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Melbourne Cricket Ground (Amendment) Act 2002
s. 10
Act No.
1934 and referred to in Crown grant
Volume 5925, Folio 1184828; and
(6) The Registrar of Titles is authorised and
directed to make any entries in the Register
5 that are necessary to give effect to sub-
sections (4) and (5).'.
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Melbourne Cricket Ground (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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