Luna Park Site Amendment Act 1997 (NSW)

New South Wales

Luna Park Site Amendment Act 1997

No 105

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Luna Park Site Act 1990 No 59	2

Schedule 1 Amendments 3

New South Wales

Luna Park Site Amendment Act 1997

No 105

Act No 105, 1997

An Act to amend the Luna Park Site Act 1990 to make further provision with respect to the use of the Luna Park site, and for other purposes. [Assented to 28 November 1997]

Section 1 Luna Park Site Amendment Act 1997 No 105

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Luna Park Site Amendment Act 1997.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Luna Park Site Act 1990 No 59

The Luna Park Site Act 1990 is amended as set out in Schedule 1 .

Luna Park Site Amendment Act 1997 No 105

Amendments	Schedule 1
Schedule 1 Amendments

(Section 3)

[1]        Part 2A

Insert after Part 2:

Part 2A Expanded range of uses for Luna Park site

6A Description of the boardwalk/foreshore and cliff top

areas

(1)	For the purposes of this Part:
(a) the boardwalk/foreshore area is the part of the

land comprising the Luna Park site that is shown as the boardwalk/foreshore area in the Plan described in this section, and

(b)	the cliff top area is the part of the land comprising
the Luna Park site that is shown as the cliff top area in the Plan described in this section.

(2) The Plan is the plan marked “Luna Park Site boardwalk/foreshore and Cliff Top Areas”, and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the Luna Park Site Amendment

Act 1997) when the Bill was introduced into the

Assembly.

(3)

Within 3 months after the commencement of this section:

(a)	the Director-General of the Department of Land and Water Conservation is to cause to be prepared, as accurately as is reasonably possible, metes and bounds or other appropriate descriptions of land shown in the Plan as the boardwalk/foreshore area and the cliff top area, and
(b)	the Minister is to cause to be published in the Gazette a notification containing those descriptions together with a certificate of a registered surveyor to the effect that the land in the descriptions substantially accords with the land shown in the Plan.

Luna Park Site Amendment Act 1997 No 105

Schedule 1 Amendments

(4) On publication of that notification, the boardwalk/ foreshore area and the cliff top area are, for the purposes of this Part, those areas as described in the notification.

6B Use of Luna Park site for entertainment uses

From the commencement of this section, the following uses are authorised uses for the land comprising the Luna Park site, other than the boardwalk/foreshore area:

(a)	restaurants and cafes,
(b)	functions, exhibitions, conventions, meetings and markets,
(c)	theatres,
(d)	such other uses related to the provision of entertainment as may be declared by the regulations to be authorised uses for the purposes of this section.

6C Additional authorised uses for cliff top area

From the commencement of this section, the following uses are authorised uses for the cliff top area (in addition to the uses authorised by section 6B), but only if they do not threaten or damage any heritage listed fig trees in that area:

(a) hotels,

(c)	office accommodation,
(d)	car parking,
(e)	such other commercial uses as may be declared by the regulations to be authorised uses for the cliff top area.

Luna Park Site Amendment Act 1997 No 105

Amendments Schedule 1

6D Crown Lands dedication does not prevent authorised

uses

The dedication under the Crown Lands Act 1989 (pursuant to section 5 of this Act) of the land comprising the Luna Park site does not prevent or otherwise affect the use of any part of that land for any use that is an authorised use for it under this Part and does not prevent or otherwise affect the grant of a lease or licence that permits or otherwise provides for its use for any such authorised use.

6E Grant of lease over cliff top area

The provisions of a plan of management for the Luna Park Reserve do not prevent the grant of a lease that permits or otherwise provides for the use of any part of the cliff top area for any use that is an authorised use for

it under this Part.

the provisions of a plan of management for the Luna

for a use that is an authorised use for it under this Part, If a lease permits the use of any part of the cliff top area

Park Reserve do not apply to that part of the cliff top area while the lease is in force.

6F Planning Act not affected

This Part does not limit or otherwise affect the operation of the Environmental Planning and Assessment Act 1979 or any instrument under that Act in its application to land comprising any part of the Luna Park site.

6G Control of access to Luna Park

(1) The Trust is entitled to control and restrict access to or within any part of the Luna Park site, except the boardwalk/foreshore area. A lessee of land within the Luna Park site is (subject to the terms and conditions of the lease) entitled to control and restrict access to or within the land leased.

Luna Park Site Amendment Act 1997 No 105

Schedule 1 Amendments

Measures to control and restrict access can include the erection of fences and gates and the charging of a fee for access.

Measures to control and restrict access must not interfere

with the right of public access to the boardwalk/

foreshore area at all times.

a plan of management affect the power of the Trust or a Neither this section nor the requirements of section 8 for

lessee to control or restrict access to any part of the Luna

Park site (including the boardwalk/foreshore area) on grounds of health or safety.

6H Uses authorised by this Part do not limit other uses

The authorised uses provided for by this Part are in addition to and do not limit any other uses to which any part of the Luna Park site can be put.

6I Part not limited by object of Act

Section 3 (Object of this Act) is not to be read as limiting the operation of this Part.

Section 8 Plan of management

Omit “There must be public access to the Luna Park Reserve and along the foreshore of that Reserve at all times.” from section 8 (3).

Insert instead “There must be public access to the boardwalk/ foreshore area (within the meaning of Part 2A) at all times.”.

Insert at the end of section 8 (3):

Section 8 (3)

The erection of any permanent structure (not including structure in the nature of landscaping) on the land comprised in Lot 1186 in Deposited Plan 48335 is to be prohibited.

Luna Park Site Amendment Act 1997 No 105

Amendments Schedule 1

[4]        Section 22A

Insert after section 22:

22A Savings, transitional and other provisions

Schedule 2 has effect.

[5]        Schedule 1 Luna Park site

Insert at the end of the Schedule:

7          The whole of the land comprised in former Lot 11 in Deposited Plan 841533 (now comprising part of Lot 10 in Deposited Plan 847338), being the land added to the Luna Park site by notification in Gazette No 174 on 23 December 1994 at page 7622.

8          The whole of the land comprised in Lot 1186 in Deposited Plan 48335, being the land formerly comprised in Lot 121 in Deposited Plan 870371 and being the land reserved for the purposes of public recreation by notification in Gazette No 93 of 22 August 1997 at page 6545.

[6]        Schedule 2 Savings, transitional and other provisions

Insert after Schedule 1 :

Schedule 2 Savings, transitional and other
provisions

(Section 22A)

Part 1 Preliminary

1 Regulations

(1)	The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Luna Park Site Amendment Act 1997

Luna Park Site Amendment Act 1997 No 105

Schedule l Amendments

(2)

A provision of a regulation authorised by this clause may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.

(3)

To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)	to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.

Part 2 Luna Park Site Amendment Act 1997

2 Addition of land to the Luna Park site

(1)	The addition of land to the Luna Park site by the insertion of items 7 and 8 in Schedule 1 has effect for the purposes of this Act on and from the relevant operative date for the land and not before. The relevant operative date for the land to which item 7 applies is 23 December 1994 and the relevant operative date for the land to which item 8 applies is 22 August 1997.
(2)	Accordingly, sections 5, 6 and 8 apply in respect of that land as if references in those sections to “the commencement of this section” were references to the relevant operative date for the land under this clause.

[Minister’s second reading speech made in—
Legislative Assembly on 15 October 1997

Legislative Council on 18 November 1997]