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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Royal Agricultural Showgrounds Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 3
3. Definitions 3
PART 2--AGREEMENT AND APPROVAL OF CORPORATION 5
4. Recognised agreement between the Crown and the Society 5
5. Approval of corporation by the Minister 5
PART 3--LAND TO BECOME UNALIENATED CROWN LAND 7
6. Effect of surrender of freehold showgrounds land to the Crown 7
7. Revocation of Reservations and Crown Grants 7
PART 4--LAND GRANTS AND ALLOCATIONS TO APPROVED
CORPORATION 9
8. Definitions 9
9. Issue of Crown Grant 10
10. Preparation of allocation statement 10
11. Property transferred to approved corporation 11
12. Allocation of property etc. subject to encumbrances 11
13. Substitution of party to agreement 12
14. Society instruments 12
15. Taxes 12
16. Validity of things done under this Part 12
PART 5--MISCELLANEOUS AND SAVINGS PROVISIONS 14
17. Registrar of Titles to make necessary amendments 14
18. Preservation of leases 14
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Clause Page
PART 6--AMENDMENT OF OTHER ACTS 16
19. Repeal of certain sections in the Royal Agricultural Show-
grounds Act 1931 16
20. Repeal of section 48 of the Racing Act 1958 16
__________________
SCHEDULES 17
SCHEDULE 1--Freehold Showgrounds Land 17
SCHEDULE 2--Land in respect of which Reservations are Revoked 18
SCHEDULE 3--Preserved Leases 20
ENDNOTES 22
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551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to make provision relating to the use of land for the purposes of the
Royal Melbourne Show and for other recreation, entertainment and
amusement purposes, to amend the Royal Agricultural Show-
grounds Act 1931 and the Racing Act 1958 and for other purposes.
Royal Agricultural Showgrounds Act
2003
On 15 May 1882 land at Flemington and Essendon
was permanently reserved as a site for the use of the
National Agricultural Society of Victoria for Show
Yards and other purposes:
That land, by Crown grant, was subsequently granted,
on 27 August 1886, to Trustees upon trust to be
maintained and used as a site for show yards of the
National Agricultural Society of Victoria:
On 5 August 1913 other land at Flemington was
permanently reserved as a site for Agricultural Show
purposes:
1
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Royal Agricultural Showgrounds Act 2003
s. 1
Act No.
That land, by Crown grant, was subsequently granted
on 22 June 1914 to Trustees upon trust to be
maintained and used for agricultural show purposes:
Certain parts of that land were subsequently
transferred to The Victorian Railways Commissioners
and the Mayor, aldermen, councillors and citizens of
the City of Melbourne:
Subsequently, by the Royal Agricultural Show-
grounds Act 1931, certain alterations were made to
the purposes for which the remaining land could be
used and certain references to the National
Agricultural Society of Victoria were deemed to be
references to the Royal Agricultural Society of
Victoria Limited, A.C.N. 006 728 785:
In addition freehold titles to several parcels of land in
the vicinity were acquired by predecessors in law to
the Royal Agricultural Society of Victoria Limited,
A.C.N. 006 728 785 for use as part of the Royal
Melbourne Showgrounds:
It is now proposed to make provision for the land that
is needed for use as showgrounds and for other
recreation, entertainment and amusement purposes.
To facilitate that proposal, it is expedient to provide
that, on surrender of the freehold land, the reservations
and Crown grants of the reserved lands are revoked
and to provide for the granting of a new Crown grant
to a corporation representing the Crown and the
Royal Agricultural Society of Victoria Limited,
A.C.N. 006 728 785.
The Parliament of Victoria therefore enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 1--Preliminary
s. 2
(a) to make provision relating to the use of land
for the purposes of the Royal Melbourne
Show and for other recreation, entertainment
and amusement purposes; and
5 (b) to amend the Royal Agricultural Show-
grounds Act 1931 and the Racing Act 1958.
2. Commencement
(1) Subject to sub-section (3), this Act, other than
Part 6, comes into operation on a day to be
10 proclaimed.
(2) Subject to sub-section (3), Part 6 comes into
operation on a day to be proclaimed, not being a
day earlier than the day on which this Act (other
than Part 6) comes into operation.
15 (3) If this Act (other than Part 6) does not come into
operation before 31 December 2004, this Act
expires on that day.
3. Definitions
In this Act--
20 "approved corporation" means the corporation
approved by the Minister under Part 2;
"freehold showgrounds land" means the land
described in the folios of the Register set out
in Schedule 1, to the extent that that land
25 is shown on the plan numbered
LEGL./02062;
"plan numbered LEGL./02062" means the
plan lodged in the Central Plan Office of the
Department of Sustainability and
30 Environment and numbered
LEGL./02062;
3
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 1--Preliminary
s. 3
"Society" means the company incorporated under
the Corporations Law of Victoria called the
Royal Agricultural Society of Victoria
Limited, A.C.N. 006 728 785, or, if that
5 company changes its name, that company
under its new name.
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 2--Agreement and Approval of Corporation
s. 4
PART 2--AGREEMENT AND APPROVAL OF
CORPORATION
4. Recognised agreement between the Crown and the
Society
5 For the purposes of this Act the recognised
agreement is an agreement in which the Society
and the Minister on behalf of the Crown agree--
(a) that a corporation be incorporated under the
Corporations Act, having as its members the
10 Crown and the Society; and
(b) that the freehold showgrounds land be
surrendered to the Crown; and
(c) that, on the surrender of the freehold
showgrounds land to the Crown, the
15 reservation of the land described in items 1,
2 and 3 of Schedule 2 be revoked; and
(d) that the part of the land shown on the plan
numbered LEGL./02062 that is specified in
the agreement be granted to the approved
20 corporation; and
(e) that any such grant is to be subject to any
terms, conditions, covenants, exceptions,
reservations and limitations specified in the
agreement.
25 5. Approval of corporation by the Minister
(1) For the purposes of this Act the Minister may
approve a corporation.
(2) The Minister must not approve a corporation
under sub-section (1) unless the Minister is
30 satisfied that--
(a) the Society and the Crown have entered into
the recognised agreement; and
5
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 2--Agreement and Approval of Corporation
s. 5
(b) the corporation is incorporated under the
Corporations Act; and
(c) the corporation has two members only, of
whom one is the Crown and the other is the
5 Society; and
(d) each member of the corporation is
represented on the governing body of the
corporation; and
(e) the corporation has, as one of its objects, the
10 facilitation and enhancement of Victorian
agricultural industries.
(3) As soon as possible after making an approval
under this section, the Minister must cause notice
of the making of the approval to be given to the
15 Society and published in the Government Gazette.
(4) An approval under this section has effect from the
day on which notice of it is given to the Society.
(5) Once the Minister has approved the corporation
under this section, the power to make the approval
20 is exhausted and the Minister does not have the
power to make any further approval under this
section, or to amend or revoke the approval so
made.
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 3--Land to Become Unalienated Crown Land
s. 6
PART 3--LAND TO BECOME UNALIENATED CROWN
LAND
6. Effect of surrender of freehold showgrounds land to
the Crown
5 On the surrender of the whole of the freehold
showgrounds land to the Crown--
(a) if any part of the land is a road or is being
used as a road, that part of the land ceases to
be a road and all rights, easements and
10 privileges existing or claimed in it either in
the public or in any body or person as
incident to any express or implied grant, or
past dedication or supposed dedication or by
user or operation of law or otherwise, cease
15 and determine; and
(b) the land is deemed to be unalienated Crown
land, freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests; and
20 (c) the folios of the Register set out in
Schedule 1 are revoked in so far as they
apply to the freehold showgrounds land.
7. Revocation of Reservations and Crown Grants
(1) On the surrender of the whole of the freehold
25 showgrounds land to the Crown--
(a) Crown Grant Volume 1902 Folio 325 is
revoked to the extent that it applies to the
land shown on the plan numbered
LEGL./02062; and
30 (b) the Order in Council specified in item 1 of
Schedule 2 is revoked, to the extent that it
applies to the land shown on the plan
numbered LEGL./02062.
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 3--Land to Become Unalienated Crown Land
s. 7
(2) On the surrender of the whole of the freehold
showgrounds land to the Crown--
(a) Crown Grant Volume 3807 Folio 226 is
revoked to the extent that it applies to the
5 land shown on the plan numbered
LEGL./02062; and
(b) the Order in Council specified in item 2 of
Schedule 2 is revoked, to the extent that it
applies to the land shown on the plan
10 numbered LEGL./02062.
(3) On the surrender of the whole of the freehold
showgrounds land to the Crown, the Order in
Council specified in item 3 of Schedule 2 is
revoked.
15 (4) On the revocation, specified in sub-sections (1),
(2) and (3), of the Orders in Council specified in
items 1, 2 and 3 of Schedule 2--
(a) the land to which that part of those Orders
that is revoked applies, is deemed to be
20 unalienated land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions, encumbrances,
estates and interests; and
(b) the appointment of any persons to act as
25 Trustees of that land is revoked, to the extent
that that appointment relates to that land; and
(c) any regulations under section 13 of the
Crown Land (Reserves) Act 1978 are
revoked to the extent that they apply to that
30 land.
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 4--Land Grants and Allocations to Approved Corporation
s. 8
PART 4--LAND GRANTS AND ALLOCATIONS TO
APPROVED CORPORATION
8. Definitions
In this Part--
5 "appointed day" means the day on which the
Crown grant is issued under section 9;
"former Society property" means property,
rights or liabilities of the Society that, under
this Part, have vested in or become property,
10 rights or liabilities of the approved
corporation;
"instrument" includes a document and an oral
agreement;
"liabilities" means all liabilities, duties and
15 obligations, whether actual, contingent or
prospective;
"property" means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in personal
20 property of any description;
"rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
"Society instrument" means an instrument
25 subsisting immediately before the appointed
day--
(a) to which the Society was a party; or
(b) that was given in favour of the Society;
or
30 (c) that refers to the Society; or
9
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 4--Land Grants and Allocations to Approved Corporation
s. 9
(d) under which--
(i) money is or may become payable
to or by the Society; or
(ii) other property is to be or may
5 become liable to be transferred to
or by the Society.
9. Issue of Crown Grant
(1) As soon as possible after the surrender of the
whole of the freehold showgrounds land to the
10 Crown, the Governor in Council, on behalf of the
Crown, must grant to the approved corporation
that part of the land shown on the plan numbered
LEGL./02062 that has been specified in the
recognised agreement as land that is to be granted
15 to the approved corporation.
(2) A Crown grant under this section is subject to any
terms, conditions, covenants, exceptions,
reservations and limitations--
(a) that are determined by the Governor in
20 Council; and
(b) that are not inconsistent with the terms of the
recognised agreement.
10. Preparation of allocation statement
(1) The Society may give to the Minister, before the
25 day on which the Crown grant is issued under
section 9, a statement of any property, rights and
liabilities of the Society that relate to the land
shown on the plan numbered LEGL./02062 that
are to be assigned to the approved corporation.
30 (2) A statement under this section must be signed by
the Chairperson of the Society, the Minister and
the Chairperson of the approved corporation.
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 4--Land Grants and Allocations to Approved Corporation
s. 11
(3) If the Minister and the Chairperson of the Society
and of the approved corporation agree, the
statement is an allocation statement for the
purposes of this Part.
5 11. Property transferred to approved corporation
On the appointed day--
(a) all property and rights of the Society that are
allocated to the approved corporation under
the allocation statement, vest in the approved
10 corporation; and
(b) all liabilities of the Society that are allocated
to the approved corporation under the
allocation statement, become liabilities of the
approved corporation and cease to be
15 liabilities of the Society.
12. Allocation of property etc. subject to encumbrances
Unless an allocation statement under this Part
otherwise provides, where, under this Part
property and rights vest in the approved
20 corporation or liabilities become liabilities of the
approved corporation--
(a) the property and rights so vested are subject
to the encumbrances (if any) to which they
were subject immediately before so vesting;
25 and
(b) the rights to which the Society was entitled
in respect of those liabilities immediately
before they ceased to be liabilities of the
Society, vest in the approved corporation.
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 4--Land Grants and Allocations to Approved Corporation
s. 13
13. Substitution of party to agreement
If, under an allocation statement, the rights and
liabilities of the Society under an agreement are
allocated to the approved corporation--
5 (a) the approved corporation becomes, on the
appointed day, a party to the agreement in
place of the Society; and
(b) on and after the appointed day, the
agreement has effect as if the approved
10 corporation had always been a party to the
agreement.
14. Society instruments
Each Society instrument relating to former
Society property continues to have effect
15 according to its tenor on and after the appointed
day as if a reference in the instrument to the
Society were a reference to the approved
corporation.
15. Taxes
20 No duty or other tax is chargeable under any Act
in respect of anything done under this Part or in
respect of any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
25 instrument made, executed, lodged or given, for
the purpose of, or connected with the transfer of
property, rights or liabilities of the Society.
16. Validity of things done under this Part
(1) Nothing effected by this Part or done or suffered
30 by the Society, the State, a Minister or the
approved corporation under this Part--
(a) is to be regarded as placing the Society, the
State, a Minister or the approved corporation
in breach of contract or confidence or as
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 4--Land Grants and Allocations to Approved Corporation
s. 16
otherwise making any of them guilty of a
civil wrong; or
(b) is to be regarded as placing any of them in
breach of or as constituting a default under
5 any Act or other law or any provision in any
agreement, arrangement or understanding
including, without limiting the generality of
the foregoing, any provision prohibiting,
restricting or regulating the assignment or
10 transfer of any property or the disclosure of
any information; or
(c) is to be regarded as fulfilling any condition
which allows a person to exercise a right or
remedy in respect of or to terminate any
15 agreement or obligation; or
(d) releases any surety or other obligor wholly or
in part from any obligation.
(2) The validity of any act or transaction of the
Society or the approved corporation must not be
20 called in question in any proceedings on the
ground that any provision of this Part had not been
complied with.
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 5--Miscellaneous and Savings Provisions
s. 17
PART 5--MISCELLANEOUS AND SAVINGS PROVISIONS
17. Registrar of Titles to make necessary amendments
The Registrar of Titles must make any recordings
in or amendments to the Register under the
5 Transfer of Land Act 1958 that are necessary
because of the operation of any provision of this
Act.
18. Preservation of leases
(1) In this section "lease" includes an agreement,
10 licence or other interest arising under or in
relation to a lease whether or not the lease has
expired and an interest in the nature of a lease.
(2) The surrender by the Society to the Crown of any
land affected by a lease specified in Schedule 3
15 and existing immediately before that surrender
does not affect the status or continuity of that
lease, and that lease has effect, on and from that
surrender--
(a) as a lease between the Minister and the
20 lessee for the time being under the lease, as
if it had been assigned to the Minister; and
(b) as if the lease referred to the Minister instead
of to the lessor (however described).
(3) The revocation under section 7 of the reservation
25 of any land affected by a lease specified in
Schedule 3 and existing immediately before that
revocation does not affect the status or continuity
of that lease, and that lease has effect, on and from
that revocation--
30 (a) as a lease between the Minister and the
lessee for the time being under the lease, as
if it had been assigned to the Minister; and
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Royal Agricultural Showgrounds Act 2003
Act No.
Part 5--Miscellaneous and Savings Provisions
s. 18
(b) as if the lease referred to the Minister instead
of to the lessor (however described).
(4) The issue of a Crown grant of any land affected
by a lease specified in Schedule 3 and existing
5 immediately before that issue does not affect the
status or continuity of that lease, and the lease has
effect on and from that issue--
(a) as a lease between the person to whom the
Crown grant is made and the lessee for the
10 time being under the lease, as if it had been
assigned to the person to whom the Crown
grant is made; and
(b) as if the lease referred to the person to whom
the Crown grant is made instead of to the
15 lessor (however described).
(5) This section has effect despite anything to the
contrary in any Act or law or in a Crown grant of
the land.
(6) Nothing effected by this section--
20 (a) is to be regarded as placing any person in
breach of or as constituting a default under
any provision prohibiting, restricting or
regulating the assignment of the lease; or
(b) is to be regarded as fulfilling any condition
25 which allows a person to exercise a right or
remedy in respect of, or to terminate, any
agreement or obligation; or
(c) releases any surety or other obligor wholly or
in part from any obligation.
__________________
15
551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Royal Agricultural Showgrounds Act 2003
Act No.
Part 6--Amendment of Other Acts
s. 19
PART 6--AMENDMENT OF OTHER ACTS
See: 19. Repeal of certain sections in the Royal Agricultural
Act No.
Show-grounds Act 1931
3965
and
In the Royal Agricultural Show-grounds Act
amending
Act Nos
5 1931, sections 1A, 2, 4, 5 and 6 are repealed.
18/1989 and
72/1994.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 20. Repeal of section 48 of the Racing Act 1958
Act No.
6353.
Section 48 of the Racing Act 1958 is repealed.
Reprint No. 12
as at
26 September
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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551043B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Royal Agricultural Showgrounds Act 2003
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
FREEHOLD SHOWGROUNDS LAND
Volume 4950 Folio 829
5 Volume 4950 Folio 830
Volume 1588 Folio 409
Volume 6333 Folio 488
Volume 3859 Folio 752
Volume 3893 Folio 500
10 Volume 8038 Folio 127
Volume 1463 Folio 579
Volume 6826 Folio 164
Volume 2859 Folio 661
Volume 2859 Folio 662
15 Volume 4956 Folio 111
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Sch. 2
SCHEDULE 2
LAND IN RESPECT OF WHICH RESERVATIONS ARE
REVOKED
Item 1
Situation and area of land: Essendon and Flemington, being the
land described in Crown Grant
Volume 1902 Folio 325.
Instrument and date of reservation: Order in Council dated 15 May 1882.
Description of land by reference to Government Gazette dated 19 May
Government Gazette: 1882, page 1127.
Purpose of reservation: Site for the use of the National
Agricultural Society of Victoria for
Show Yards and other purposes.
Extent of revocation: That part of the reserve that applies
to the land shown on the plan
numbered LEGL./02062.
Item 2
Situation and area of land: Flemington, being the land described
in Crown Grant Volume 3807 Folio
226.
Instrument and date of reservation: Order in Council dated 5 August
1913.
Description of land by reference to Government Gazette dated 13
Government Gazette: August 1913, page 3532.
Purpose of reservation: Site for Agricultural Show purposes.
Extent of revocation: That part of the reserve that applies
to the land shown on the plan
numbered LEGL./02062.
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Royal Agricultural Showgrounds Act 2003
Act No.
Sch. 2
Item 3
Situation and area of land: Flemington, Parish of Doutta Galla,
County of Bourke, 0024 hectares.
Instrument and date of reservation: Order in Council dated 15 January
1959.
Description of land by reference to Government Gazette dated
Government Gazette: 21 January 1959, page 140.
Purpose of reservation: Site for Showground and Public
Recreation.
Extent of revocation: The whole reserve.
__________________
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Royal Agricultural Showgrounds Act 2003
Act No.
Sch. 3
SCHEDULE 3
PRESERVED LEASES
Parties Location Date of lease Affected Titles
The Society Corner of Lease dated 28 Volume 1902
McCaw Avenue September 1988 Folio 325
The Ascot
and Staughton
Showgrounds Lease to expire
Parade
Day Nursery 30 December
Incorporated 2008
The Society Meat Pavilion, Deed dated 2 Volume 1902
Corner Lennon March 1965 Folio 325
Australian Meat
Avenue and
Board
Mitchell Street
The Society Victorian Expo Lease Volume 4950
Centre commenced 27 Folio 829
Minister for
September 1996
Finance, State Volume 4950
Government of Lease expires 30 Folio 830
Victoria June 2018
The Society VASA Building Lease Volume 4950
commenced 22 Folio 829
Victorian McGregor Street
April 1991
Agricultural
Societies Lease expires 22
Association April 2011
Incorporated
The Society Woodful and Lease dated 24 Volume 3807
Cockbill November 1993 Folio 226
Victorian Canine
Pavilion and
Association Lease expires
surrounds
Incorporated 1 January 2007
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Royal Agricultural Showgrounds Act 2003
Act No.
Sch. 3
Parties Location Date of lease Affected Titles
The Society Scott Pavilion Licence Volume 1902
commenced
Horseland Pty. Plummer Folio 325
1 February 1998
Ltd. Avenue
Licence expired
31 January 2001
Option for
further licence
for 3 years
exercised
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Royal Agricultural Showgrounds Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
22
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