South Bank Corporation Amendment Act 1998 (Qld)

SOUTH BANK CORPORATION AMENDMENT ACT 1998—Act No. 26 of 1998

Queensland SOUTH BANK CORPORATION AMENDMENT ACT 1998 Act No. 26 of 1998

Queensland SOUTH BANK CORPORATION AMENDMENT ACT 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new div hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new div hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Insertion of new ss 13B–13D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13B Car park land and reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13C Readjustment of boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13D Registrar may register instruments etc. . . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 15 (Exemption from fees and charges) . . . . . . . . . . . . . . . 7 9 Amendment of s 15A (Land for Brisbane Convention and Exhibition Centre) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Omission of s 15B (Certain lots become stratum lots) . . . . . . . . . . . . . . . . . 8 11 Amendment of s 15C (Registrar may register instruments etc.) . . . . . . . . . 8 12 Amendment of s 15I (Expiry of this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 23 (Powers in relation to land) . . . . . . . . . . . . . . . . . . . . . 9 14 Replacement of schs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 4—CORPORATION AREA SCHEDULE 5—COMPLEMENTARY DEVELOPMENT AREA 15 Amendment of sch 7 (Modified Building Units and Group Titles Act) . . . 12 16 Replacement of schs 12 and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 12

2 South Bank Corporation Amendment SCHEDULE 13 SCHEDULE 14 SCHEDULE 15 SCHEDULE 16 SCHEDULE 17 No. 26, 1998

Queensland South Bank Corporation Amendment Act 1998 Act No. 26 of 1998 An Act to amend the South Bank Corporation Act 1989 [Assented to 18 May 1998]

s1 4 South Bank Corporation Amendment The Parliament of Queensland enacts— s5 No. 26, 1998 ˙ Short title 1. This Act may be cited as the South Bank Corporation Amendment Act 1998 . ˙ Commencement 2.(1) This Act commences on a day to be fixed by proclamation. (2) However, section 12 1 is taken to have commenced on 11 December 1997. ˙ Act amended 3. This Act amends the South Bank Corporation Act 1989 . ˙ Amendment of s 4 (Definitions) 4. Section 4— insert— ‘ “QPAT” means the Queensland Performing Arts Trust.’. ˙ Insertion of new div hdg 5. Part 3, before section 11— insert— ‘Division 1—Corporation area’. 1 Section 12 (Amendment of s 15I (Expiry of this part))

s6 5 s7 South Bank Corporation Amendment No. 26, 1998 ˙ Insertion of new div hdg 6. Before section 13— insert— ‘Division 2—Road closures, surrenders, vestings and titling’. ˙ Insertion of new ss 13B–13D 7. After section 13A— insert— ˙ ‘ Car park land and reserve ‘ 13B.(1) Reserve 3367 is revoked. ‘ (2) However, a lease over a part of the reserve or a licence to occupy a part of a building on the reserve in force immediately before the revocation of the reserve under subsection (1) continues in force over the part after the revocation in accordance with its terms. ‘ (3) The parts of Russell Street, Stanley Street, and Grey Street, South Brisbane in lots 55 and 56 on plan SP 102555 set out in schedule 12 are permanently closed. ‘ (4) A deed of grant in the name of the corporation may be issued by the Governor in Council for lots 55 and 56 on plan SP 102555 and lot 388 on plan SL 12890. ‘ (5) On the recording of the particulars of lot 388 on RP 896477 in the freehold land register, it is declared that the lot is dedicated for public use (cultural purposes) and becomes a reserve. ‘ (6) The Arts Office is appointed as trustee of the reserve. ‘ (7) In this section— “lease” means any of the following leases mentioned in the ArtsLegislation Amendment Act 1997 , section 75 originally granted by the Queensland Cultural Centre— (a) a lease to the Library Board of Queensland for a term of 75 years; (b) a lease to the Queensland Art Gallery Board of Trustees for a term of 75 years;

s7 6 s7 South Bank Corporation Amendment No. 26, 1998 (c) a lease to the Queensland Museum Board of Trustees for a term of 75 years; (d) a lease to the Queensland Performing Arts Trust for a term of 75 years; (e) a lease to the Royal Queensland Theatre Company for a term of 30 years. “licence” means any of the following licences mentioned in the ArtsLegislation Amendment Act 1997 , section 79— (a) the licence agreement expiring on 30 June 1998 entered into between Berlasco Pty Ltd (ACN 010 041 040) and Queensland Performing Arts Trust; (b) a licence agreement entered into for a term of 5 years between Advanced Food Systems International Ltd (ACN 004 292 951) and— (i) Library Board of Queensland; or (ii) Queensland Art Gallery Board of Trustees; or (iii) Queensland Museum Board of Trustees. “the Arts Office” means the government entity charged with advising the Minister with responsibility for the arts on matters relating to the arts. ˙ ‘ Readjustment of boundaries ‘ 13C.(1) Indefeasible titles are created in the name of the corporation for lots 1, 932 and 933 on RP 896477 set out in schedule 13 on the recording of the particulars of the lots in the freehold land register. ‘ (2) To remove any doubt, it is declared that subsection (1) has effect to transfer lots 1, 932 and 933 on RP 896477 to the corporation. ˙ ‘ Registrar may register instruments etc. ‘ 13D.(1) The registrar of titles may register all plans and other instruments and issue certificates of title to give effect to sections 13B and 13C.

s8 7 s9 South Bank Corporation Amendment No. 26, 1998 ‘ (2) The registrar of titles may do anything to give effect to sections 13B and 13C.’. ˙ Amendment of s 15 (Exemption from fees and charges) 8.(1) Section 15, ‘corporation or’— omit, insert— ‘corporation, QPAT or’. (2) Section 15— insert— ‘(c) any change in ownership or control of land because of section 13B or 13C; 2 ’. ˙ Amendment of s 15A (Land for Brisbane Convention and Exhibition Centre) 9. Section 15A(5) and (6)— omit, insert— ‘ (5) The parts of Glenelg Street, Merivale Street, and Melbourne Street, South Brisbane defined by station numbers 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 28, 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 3 on CP 896476 set out in schedule 14 are permanently closed. ‘ (6) Deeds of grant in the name of the corporation may be issued by the Governor in Council for— (a) lot 102 on CP 896476 set out in schedule 14; and (b) lot 57 on plan SP 106312 set out in schedule 15. ‘ (7) An indefeasible title is created in the name of the corporation for lot 938 on plan SP 100011 set out in schedule 16 on the recording of the particulars of the lot in the freehold land register. ‘ (8) An indefeasible title is created in the name of Queensland Rail for lot 22 on plan SP 100011 set out in schedule 16 on the recording of the 2 Section 13B (Car park land) or 13C (Readjustment of boundaries)

s 10 8 s 11 South Bank Corporation Amendment No. 26, 1998 particulars of the lot in the freehold land register. ‘ (9) An indefeasible title is created in the name of the corporation for lot 934 on stratum plan set out in schedule 17 on the recording of the particulars of the lot in the freehold land register. ‘ (10) An indefeasible title is created in the name of Queensland Rail for lot 103 on stratum plan set out in schedule 17 on the recording of the particulars of the lot in the freehold land register. ‘ (11) To remove any doubt, it is declared that— (a) subsections (6), (7) and (9) have effect to transfer the following to the corporation— (i) lot 102 on CP 896476 set out in schedule 14; (ii) lot 57 on plan SP 106312 set out in schedule 15; (iii) lot 938 on plan SP 100011 set out in schedule 16; (iv) lot 934 on stratum plan set out in schedule 17; and (b) subsections (8) and (10) have effect to transfer the following to Queensland Rail— (i) lot 22 on plan SP 100011 set out in schedule 16; (ii) lot 103 on stratum plan set out in schedule 17.’. ˙ Omission of s 15B (Certain lots become stratum lots) 10. Section 15B— omit. ˙ Amendment of s 15C (Registrar may register instruments etc.) 11. Section 15C, ‘sections 15A and 15B’— omit, insert— ‘section 15A’.

s 12 9 s 14 South Bank Corporation Amendment No. 26, 1998 ˙ Amendment of s 15I (Expiry of this part) 12. Section 15I, from ‘3 years’— omit, insert— ‘on 30 June 1999.’. ˙ Amendment of s 23 (Powers in relation to land) 13.(1) Section 23— insert— ‘ (4A) The corporation may, with the prior consent of the Minister, grant a perpetual lease over land within the commercial precinct. ‘ (4B) A perpetual lease granted under subsection (4A) may be assigned or sublet only with the prior consent of the Minister, which must not be unreasonably withheld.’. (2) Section 23(5), ‘the transfer’— omit, insert— ‘the grant or transfer’. (3) Section 23— insert— ‘ (7) In this section— “commercialprecinct” means generally the area of land in the name of the corporation bounded by Vulture Street, the railway line, Glenelg Street and the eastern boundary of the area formerly known as Grey Street. “perpetual lease” means a lease for a term of 999 years.’. ˙ Replacement of schs 4 and 5 14. Schedules 4 and 5— omit, insert—

s 14 10 s 14 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 4—CORPORATION AREA section 4

s 14 11 s 14 South Bank Corporation Amendment No. 26, 1998 ‘SCHEDULE 5—COMPLEMENTARY DEVELOPMENT AREA section 4 ’.

s 15 12 s 15 South Bank Corporation Amendment No. 26, 1998 ˙ Amendment of sch 7 (Modified Building Units and Group Titles Act) 15.(1) Schedule 7, section 9— insert— ‘ (1B) If subsection (1A)(c) applies and— (a) the land is subject to 1 or more leases (the “original leases” ) registered under the Land Title Act 1994 that— (i) are intended to be replaced wholly or partly by leases of each of the lots and the common property, if any, shown on the leasehold building units plan; and (ii) are expressed to end on registration of the leasehold building units plan; and (b) 1 or more leases (the “replacement leases” ) are expressed to start on registration of the leasehold building units plan; the original leases end and the replacement leases start on registration of the leasehold building units plan.’. (2) Schedule 7, section 9(8)(a), ‘eaves or guttering project’— omit, insert— ‘a part of the building projects’. (3) Schedule 7, section 9A(1)— insert— ‘(c) if— (i) the leasehold building units plan was lodged in circumstances mentioned in section 9(1A)(c); and (ii) the original leases mentioned in that paragraph were subject to 1 or more mortgages that were expressed to survive the registration of the leasehold building units plan; the mortgage or mortgages continue to have effect over the replacement leases mentioned in that paragraph in so far as they relate to lots after the registration.’.

s 16 13 South Bank Corporation Amendment ˙ Replacement of schs 12 and 13 16. Schedules 12 and 13— omit, insert— s 16 No. 26, 1998

s 16 14 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 12 section 13B

s 16 15 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 13 section 13C

s 16 16 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 17 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 18 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 19 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 20 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 21 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 14 section 15A

s 16 22 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 15 section 15A

s 16 23 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 16 section 15A

s 16 24 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 25 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 26 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 27 s 16 South Bank Corporation Amendment No. 26, 1998 ‘ SCHEDULE 17 section 15A

s 16 28 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 29 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 30 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 31 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 32 s 16 South Bank Corporation Amendment No. 26, 1998

s 16 33 s 16 South Bank Corporation Amendment No. 26, 1998