Brisbane Cricket Ground Act Amendment Act 1971 (Qld)

859 01tE$1I 1 4 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 67 of 1971 An Act to Amend The Brisbane Cricket Ground Acts 1958 to 1961 in certain particulars [ASSENTED TO 24TH DECEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Brisbane Cricket Ground Act Amendment Act 1971. (2) The Brisbane Cricket Ground Act of 1958 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Brisbane Cricket Ground Act 1958-1971.

860 Brisbane Cricket Ground Act Amendment Act 1971, No. 67 2. Amendment of s. 4 . Establishment of Trust. Section 4 of the Principal Act is amended by adding the following subsection:- " (5) The Trust is a public authority of the State of Queensland. No part of the property of the Trust shall be distributable, whether by way of division of profits or by way of distribution of assets, among the members of any body on whose behalf the property of the Trust is held under section 18 of this Act.". 3. New section 22A. The following section is insetted in the Principal Act, after section 22:- 16 22A. Implementation of Improvement Scheme. (1) In this section the term " commercial lands " means all that part of the freehold lands (described as Resubdivision 2 of Subdivision 1 of Allotment 1 of Section 54, County of Stanley, Parish of South Brisbane, City of Brisbane, containing ten acres three roods eleven perches and four-tenths of a perch more or less contained in Certificate of Title, Volume 3577, Folio 26) vested in the Trust under this Act at the commencement of this section that abuts on Stanley Street and is shown hachured on the plan contained in Schedule III to this Act and such other land so vested as the Trust designates as commercial lands pursuant to subsection (2) of this section. (2) The Trust may, with the approval of the Governor in Council, designate as " commercial lands " such part of the freehold lands vested in the Trust under this Act as is, in the opinion of the Trust, suitable for commercial development and which may, in the opinion of the Trust, be commercially developed without rendering the part of such freehold lands that is not commercial lands unsuitable or substantially less suitable for use as a cricket ground. (3) The estate in fee-simple in the commercial lands shown on the plan contained-in Schedule III to this Act is hereby vested (the estate of the Trust therein being hereby divested from the Trust) in the State Government Insurance Office (Queensland), hereinafter in this section referred to as the " Office ", freed and discharged from the trusts upon and subject to which such lands were held by the Trust and from Bills of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered B864143 and D232913 but, save those Bills of Mortgage, subject to all encumbrances, liens , leases, easements , agreements, licences or other transactions affecting the same as at the commencement of this section for a period of forty years from the completion of- (a) the construction and performance by the Office of the improvements or works to be constructed or performed on the land by the Office; or (b) the expenditure of moneys to be expended by the Office in connexion with the land, in pursuance of any Order in Council made under this section whichever the later occurs. (4) Where the Governor in Council is of opinion that it is expedient for the provision on the freehold lands vested in the Trust under this Act of adequate facilities to permit or facilitate the use by the Trust of those lands for the purposes for which

Brisbane Cricket Ground Act Amendment Act 1971, No. 67 861 they are so vested the Governor in Council may, by Order in Council published in the Gazette, vest (the estate of the Trust therein being thereby divested from the Trust) the estate in fee-simple in the whole, or such part as he deems fit, of the lands designated by the Trust as commercial lands pursuant to subsection (2) of this section in the Office freed and discharged from the trusts upon and subject to which such lands were held by the Trust, and from Bills of Mortgage registered in the office of the Registrar of Titles at Brisbane and numbered B864143 and D232913 but, save those Bills of Mortgage, subject to all encumbrances, liens , leases , easements , agreements , licences or other transactions affecting the same at the time the Order in Council is made, for such period as shall be specified in the Order in Council not exceeding forty years from the completion of- (a) the construction and performance by the Office of the improvements or works to be constructed or performed on the land by the Office; or (b) the expenditure of moneys to be expended by the Office in connexion with the land, in pursuance of any Order in Council made under this section whichever the later occurs. (5) Where the estate in fee-simple in any land is vested in the Office by or under this section for a specified period that estate shall remain so vested during any extension of the period under subsection (15) of this section. (6) The Registrar of Titles shall, upon production to him of, in the case of lands vested in the Office by subsection (3) of this section, a copy of the Brisbane Cricket Ground Act Amendment Act 1971 and, in the case of lands vested in the Office under an Order in Council made under subsection (4) of this section, sufficient evidence of the making of the Order in Council under the said subsection (4), register on the instruments of title to the lands so vested a memorial of the vesting. (7) The Office shall hold and deal with the lands of the Trust vested in the Office by or under this section at all times in accordance with such terms, conditions, authorities and directions as having been agreed, whether before or after the commencement of this section, between the Trust and the Office and approved by the Governor in Council are specified in an Order in Council whether an Order in Council made under subsection (4) of this section in respect of the lands in question or in another Order in Council. (8) The terms, conditions, authorities and directions referred to in subsection (7) of this section may, in addition to provision with respect to the construction and performance of improvements or works and the expenditure of moneys by the Office on or in connexion with the lands in question, include provision for the construction and performance by the Office of improvements or works of any kind or description on, and the expenditure of moneys by the Office in connexion with, lands remaining vested in the Trust. (9) The Office, being thereunto required by the Trust, shall forthwith upon the vesting in the Office by or under this Act of the estate in fee-simple in any land give a head lease or head

862 Brisbane Cricket Ground Act Amendment Act 1971, No. 67 leases to the Trust of the land so vested for a term being the term during which the estate in fee-simple in the land in question is vested in the Office less one day on such terms, reservations and conditions as the Office with the consent of the Governor in Council shall specify. Where more than one head lease is given by. the Office in pursuance of this subsection, each head lease shall be in relation to such part of the land in question as the Office shall, with the consent of the Governor in Council, determine and no other consent or approval of any other authority shall be required in respect thereto. (10) The Trust shall sub-let any land leased to it by the Office pursuant to subsection (9) of this section to such persons on such terms, reservations and conditions as are approved by the Office. (11) It shall be lawful for the Trust to undertake financial obligations to the Office to ensure the recoupment to, and to the satisfaction of, the Office of moneys expended or to be expended by the Office on or in connexion with the lands of the Trust or lands vested in the Office by or under this section in accordance with the terms, conditions, authorities and directions mentioned in subsection (7) of this section together with interest at the rate or rates approved by the Governor in Council. (12) The Trust being required so to do by the Office, shall notwithstanding any provision of section 14 of this Act, give to the Office such security (including but without limiting the generality of this subsection a first ranking Mortgage Debenture and a Bill of Mortgage) over all the property of the Trust including lands vested in the Trust under this Act and any lands leased back to the Trust under subsection (9) of this section, and containing such covenants , conditions and requirements, as the Office shall require to secure the liabilities of the Trust, the Queensland Cricket Association and the Queensland Cricketers Club under (a) a Base Deed to be entered into by the Trust, the Queensland Cricket Association and the Queensland Cricketers Club with the Office in connexion with the recoupment to, and to the satisfaction of, the Office of moneys expended or to be expended by the Office under or by virtue of any agreement between the Trust and the Office to which this section applies whensoever made together with interest at the rate or rates approved by the Governor in Council; (b) any head lease or lease back by the Office to the Trust pursuant to subsection (9) of this section, and whilst any such liability remains undischarged the Trust shall not give any security affecting the said property of the Trust to any person other than the Office without the consent of the Office first had and obtained. No power of sale under any security given in pursuance of this section shall be exercised by the Office without the consent of the Governor in Council. (13) Notwithstanding any other provision of this section, where the Governor in Council is satisfied that it is necessary for the recoupment to the Office of moneys expended by the Office as mentioned in subsection (11) of this section together with

Brisbane Cricket Ground Act Amendment Act 1971, No. 67 863 interest at the rate or rates approved under this section in relation thereto that all or any of the land vested in the Office by or under this section be sold or leased and consents thereto, the Office may sell or lease in accordance with the consent of the Governor in Council , for the best price or, in the case of a lease , rental obtainable and, if the Governor in Council so specifies , subject to such terms and conditions as the Governor in Council deems fit, such land or part thereof according as the Governor in Council specifies and in the case of a lease, for a term not exceeding a term specified by the Governor in Council. This subsection does not limit any power to lease conferred on the Office under or pursuant to any other provision of this , section. (14) The land sold under subsection ( 13) of this section shall upon the sale thereof be freed and discharged from any trust upon and subject to which it was formerly held by the Trust and from any limitation applicable under subection ( 15) of this section which subsection shall upon such sale cease to be applicable to that land. 1 (15) Upon the expiration of the period specified in subsection (3) of this section or any Order in Council made pursuant to subsection ( 4) of this section for which the land to which the said subsection ( 3) applies or that is specified in such Order in Council is vested in the Office or any extension of the period which the Governor in Council is authorized by Order in Council published in the Gazette so to do where the Governor in Council determines that it is proper to extend the period to enable the provisions of the Order in Council , or any agreement entered into pursuant to the Order in Council or this section, to be carried out or complied with, the lands to which the said subsection (3) relates or , as the case may be , that are specified in the Order in Council first mentioned in this subsection shall revert ( the estate of the Office therein being divested from the Office ) in the Trust for the same estate and interest and, subject to subsection (17) of this section , upon and subject to the same trusts , as the estate, interest and trusts for, on or upon which those lands were held by the Trust immediately before the vesting of the lands in the Office by or under this section but subject to all encumbrances , liens, leases , easements , agreements, licences or other transactions affecting the same at the expiration of the period or extended period during which the lands were vested in the Office. (16) The Registrar of Titles shall upon production to him of a certificate under the hand of the Minister certifying that the period or extended period for which the lands in question were vested in the Office by or under this section has expired (which the said Minister is hereby authorised so to do upon the application in that behalf by a person having an interest in the matter ) register on the instruments of title to the lands revested under subsection ( 15) of this section a memorial of the reverting. (17) Where upon the revesting of any land in the Trust by this section there are erected on the said lands buildings or improvements suitable for use for commercial purposes , the Trust may, with the prior approval of the Minister to the lease and the terms, reservations and conditions and duration thereof, lease any of such lands , upon such terms and upon such conditions as the Trust may determine.

864 Brisbane Cricket Ground Act Amendment Act 1971, No. 67 (18) The approval of the Minister for the purposes of subsection (17) of this section may be given generally or in a particular case. (19) The moneys received by the Trust pursuant to subsection (17) of this section shall, after deducting therefrom all necessary and proper outgoings in relation to the lands and buildings (including outgoings for all proper maintenance and upkeep), be applied by the Trust for any of the purposes for which it may lawfully expend moneys of which it becomes possessed. (20) Land vested by this section or by Order in Council made under this section or revested by this section shall vest or, as the case may be, revert according to the tenor of this section or, as the case may be , the Order in Council without further conveyance, transfer or assignment. (21) No stamp duties are payable upon any instrument that evidences the vesting in the Office or the reverting in the Trust of any lands by or under this section. (22) Notwithstanding any other provision of this Act, where any moneys to the expenditure whereof by the Office this section relates , together with interest at the rate or rates approved and agreed under this section in relation thereto remain unrecouped to the Office, the Trust shall be constituted by an additional member appointed by the Governor in Council to represent the Office on the Trust. (23) The member appointed under subsection 22 of this section shall upon his appointment be and remain a member of the Trust during the pleasure of the Governor in Council and shall not be disqualified by reason of any interest of the Office in the Trust arising out of the implementation of this section. (24) No contract , commitment or obligation of any kind involving the Trust in a liability in excess of $1,000, or such other amount as the Governor in Council may determine in substitution therefor, shall be entered into by the Trust without the consent of the member of the Trust holding office under subsection (22) of this section which consent may be given generally or in a particular case. (25) The Registrar of Titles shall , by virtue of this section, have power and authority to, and shall make or cause to be made, any necessary entries or endorsements or notings in or on the appropriate register book concerned and do and execute all such other acts , matters and things as may be necessary and proper to give full effect to this section and any Order in Council made under this section. (26) In this section the term " commencement of this section " means the time when this section came or comes into operation.".

Brisbane Cricket Ground Act Amendment Act 1971, No. 67 865 4. New Schedule III. The following schedule is added to the Principal Act:- " SCHEDULE III [s. 22A] State School 01 L A//0C. W 4 A//ot.3 Allot. CC 179°55' 7/8.8 / A^g oo/ r,ce 0 O 'O 44 N* ? 228.O,lks. LIV 0 0 '0 4) OF% 3187*1 co oa 4 2 /3.77/116. 5q1 l A//ot: ' A/loZ G • 8.993 35 43' 4'^ Resub•. 1 Police Reserve z- PLAN Of -AREA Commercial Lands To SE 6XCISHt FROM RESUB. 2 of Suh / of A//ot / of Sect/bn Parish of South Brl56ai7e County of Stan/ey City of Bris6o17e MA Scale : 1= chains 28